CONGRESS H .. R 2838 .. 1ST SESSION · .HR 2838 IH . 10 1 mandant a report on sexual harassment and sexual 2 violence involving cadets or other personnel at the 3 Academy for each

AUTHENTICATED

9 u.s. GOVERNMENT INFORMATION

GPO

Ii.f 0.. rvae.n.d e. d b '7 i""I '1 /8 III

I

112TH CONGRESS H R 2838 1ST SESSION .. ..

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

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 2, 2011

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

A BILL To authorize appropriations for the Coast Guard for fiscal

years 2012 through 2015, and for other purposes.

1 Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Oongress assembled,

3 SECTION 1. SHORT TITLE.

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

5 "Coast Guard and Maritime Transportation Act of 2011".

6 (b) TABIJE OF CONTENTS.-The table of contents for

7 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.

'l'ITLE II-COAST GUARD AND SERVICEMEMBER PARITY

1

2

Sec. 201. Academy emoluments. Sec. 202. Policy on sexual harassment and sexual violence. Sec. 203. Appointments of permanent connnissioned 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. 301. Sec. 302. Sec. 303. Sec. 304. Sec. 305. Sec. 306. Sec. 307. Sec. 308.

Sec. 309.

Sec. 401. Sec. 402. Sec. 403. Sec. 404. Sec. 405. Sec. 406. Sec. 407. Sec. 408.

TITLE III-COAST GUARD REFORM

Repeals. Interfercnce ,vith Coast Guard transmissions. National security cutters. Major acquisitions report. Environmental compliance and restoration backlog. Coast Guard auxiliarist enrollment eligibility. Decommissionings. Assessment of needs for additional coast guard presence in high lati

tude regions. Limitation on expenditnres.

TITLE IV-SHIPPING AND NAVIGATION

Committee on the Marine Transportation System. Report on determinations. Dockside examinations. Investigation of marine casualties. Recourse for noncitizens. Maritime liens on fishing permits. Short sea transportation. Mission of the Maritime Administration.

TITLE V-FEDERAL MARITIME COMMISSION

Sec. 501. Authorization of appropriations.

TITLE VI-MISCELLANEOUS

Sec. 601. Teclmical corrections. Scc. 602. Report on Coast Guard merchant mariner medical evaluation pro

gram. Sec. 603. Notice of arrival.

TITLE I-AUTHORIZATION 2 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

3 Funds are authorized to be appropriated for each of

4 the fiscal years 2012, 2013, and 2014 for necessary ex-

5 penses of the Coast Guard as follows:

6 (1) For the operation and maintenance of the

7 Coast Guard-

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2

3 and

3

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

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

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

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

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

7 from the Oil Spill Liability Trust Fund to carry out

8 the purposes of section 1012(a)(5) of the Oil Pollu-

9 tion Act of 1990 (33 U.S.C. 2712(a)(5)).

10 (2) For the acquisition, construction, rebuild-

11 mg, and improvement of aids to navigation, shore

12 and offshore facilities, vessels, and aircraft, inelud-

13 ing related equipment thereto-

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

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

16 and

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

18 to remain available until expended, of which

19 $20,000,000 for each of the fiscal years 2012, 2013,

20 and 2014 shall be derived from the Oil Spill Liabil-

21 ity Trust Fund to carry out the purposes of section

22 1012(a)(5) of the Oil Pollution Act of 1990.

23 (3) For the Coast Guard Reserve program, in-

24 eluding personnel and training costs, equipment, and

25 seI'Vlces-

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

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

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

4 (4) For environmental compliance and restora-

5 tion of Coast Guard vessels, aircraft, and facilities

6 (other than parts and equipment associated with op-

7 eration and maintenance)-

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


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

11 to remain available until expended.

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

13 research, development, test, and evaluation of tech-

14 nologies, materials, and human factors directly re-

15 lated to improving the performance of the Coast

16 Guard's mission in search and rescue, aids to navi-

17 gation, marine safety, marine environmental protec-

18 tion, enforcement of laws and treaties, ice oper-

19 ations, oceanographic research, and defense readi-

20 ness-

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


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

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

25 2013, and 2014 shall be derived from the Oil Spill

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1 Liability Trust Fund to carry out the purposes of

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

3 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH

4 AND TRAINING.

5 (a) ACTIVE DUTY STRENGTH.-The Coast Guard is

6 authorized an end-of-year strength for active duty per-

7 sonnel of 47,000 for each of the fiscal years 2012 through

8 fiscal year 2014.

9 (b) MILITARY TRAINING STUDENT LOADS.-The

10 Coast Guard is authorized average military training stu

II dent loads for the each of the fiscal years 2012 through

12 fiscal year 2014 as follows:

13 (1) For recruit and special training, 2,500 stu-

14 dent years.

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

16 (3) For professional training in military and ci-

17 viIi an institutions, 350 student years.

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

19 TITLE II-COAST GUARD AND 20 SERVICEMEMBER PARITY 21 SEC. 201. ACADEMY EMOLUMENTS.

22 Section 195 of title 14, United States Code, IS

23 amended-

24

25

(1) in subsection (c)-

(A) in the first sentence-

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3

4

5

6

7

8

9

10

11

6

(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

12 (2) in subsection (d), by striking "A person"

13 and inserting "A foreign national".

14 SEC. 202. POLICY ON SEXUAL HARASSMENT AND SEXUAL

15 VIOLENCE.

16 (a) POLICY REQUIREMENT.-Chapter 9 of title 14,

17 United States Code, is amended by inserting the following:

18 "§ 200. Policy on sexual harassment and sexual vio-

19 lence

20 "(a) REQUIRED POLICY.-The Commandant shall di-

21 rect the Superintendent of the Coast Guard Academy to

22 prescribe a policy on sexual harassment and sexual vio-

23 lence applicable to the cadets and other personnel of the

24 Coast Guard Academy .

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1 "(b) MATTERS To BE SPECIFIED IN POLIC'Y.-The

2 policy on sexual harassment and sexual violence prescribed

3 under this section shall include specification of the fol-

4 lowing:

5

6

7

8

9

"(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

10 the case of an occurrence of sexual harassment or

11 sexual violence, including-

12 "(A) if the cadet chooses to report an oc-

13 currence of sexual harassment or sexual vio-

14 lence, a specification of the person or persons to

15 whom the alleged offense should be reported

16 and the options for confidential reporting;

17 "(B) a specification of any other person

18 whom the victim should contact; and

19 "(C) procedures on the preservation of evi-

20 dence potentially necessary for proof of criminal

21 sexual assault.

22 "(3) Procedures for disciplinary action in cases

23 of alleged criminal sexual assault involving a cadet

24 or other Academy personnel.

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1 "( 4) Any other sanction authorized to be im-

2 posed in a substantiated case of sexual harassment

3 or sexual violence involving a cadet or other Acad-

4 emy personnel m rape, acquaintance rape, or any

5 other criminal sexual offense, whether forcible or

6 nonforcible.

7 "( 5) Required training on the policy for all ca-

8 dets and other Academy personnel, including the

9 specific training required for personnel who process

10 allegations of sexual harassment or sexual violence

11 involving Academy personnel.

12 "(c) ANNUAL ASSESSMENT.-

13 "(1) The Commandant shall direct the Super-

14 intendent of the Academy to conduct at the Acad-

15 emy during each Academy program year an assess-

16 ment to determine the effectiveness of the policies,

17 training, and procedures of the Academy with re-

18 spect to sexual harassment and sexual violence m-

19 volving Academy personnel.

20 "(2) For the assessment at the Academy under

21 paragraph (1) with respect to an Academy program

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

23 the Superintendent shall conduct a survey of Acad-

24 emy personnel-

25 "(A) to measure-

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1 "(i) the incidence, during that pro-

2 gram year, of sexual harassment and sex-

3 ual violence events, on or off the Academy

4 reservation, that have been reported to of-

5 ficials of the Academy; and

6 "(ii) the incidence, during that pro-

7 gram year, of sexual harassment and sex-

8 ual violence events, on or off the Academy

9 reservation, that have not been reported to

10 officials of the Academy; and

11 "(B) to assess the perceptions of Academy

12 personnel of-

13 "(i) the policies, training, and proce-

14 dures on sexual harassment and sexual vio-

15 lence involving Academy personnel;

16 "(ii) the enforcement of such policies;

1 7 " (iii) the incidence of sexual harass-

18 ment and sexual violence involving Acad-

19 emy personnel; and

20 "(iv) any other issues relating to sex-

21 ual harassment and sexual violence involv-

22 ing Academy personnel.

23 "(d) ANNUAL REPORT.-

24 "( 1) The Commandant shall direct the Super-

25 intendent of the Academy to submit to the Com-

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1 mandant a report on sexual harassment and sexual

2 violence involving cadets or other personnel at the

3 Academy for each Academy program year.

4 "(2) Each report under paragraph (1) shall in-

5 elude, for the Academy program year covered by the

6 report, the following:

7 "(A) The number of sexual assaults, rapes,

8 and other sexual offenses involving cadets or

9 other Academy personnel that have been re-

10 ported to Academy officials during the program

11 year and, of those reported cases, the number

12 that have been substantiated.

13 "(B) The policies, procedures, and proc-

14 esses implemented by the Commandant and the

15 leadership of the Academy in response to sexual

16 harassment and sexual violence involving cadets

17 or other Academy personnel during the pro-

18 gram year.

19 "(C) A plan for the actions that are to be

20 taken in the following Academy progTam year

21 regarding prevention of and response to sexual

22 harassment and sexual violence involving cadets

23 or other Academy personnel.

24 "(3) Each report under paragraph (1) for an

25 Academy program year that begins in an odd-num-

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1 bered calendar year shall include the results of the

2 survey conducted in that program year under sub-

3 section (c)(2).

4 "(4)(A) The Commandant shall transmit to the

5 Board of Visitors of the Academy each report re-

6 ceived by the Commandant under this subsection, to-

7 gether with the Commandant's comments on the re-

8 port.

9 "(B) The Commandant shall transmit each

10 such report, together with the Commandant's corn-

U ments on the report, to the Committee on Com-

12 merce, Science, and Transportation of the Senate

13 and the Committee on Transportation and Infra-

14 structure of the House of Representatives.".

15 (b) CONFORlVIING REPEAL.-Section 217 of the Coast

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

17 and the item relating to such section in the table of con-

18 tents in section 1 (b) of such Act, are repealed.

19 (c) TECHNICAIj AND CljERICAIj AMENDMENTS.-The

20 analysis at the beginning of such chapter is amended by

21 adding at the end the following:

"200. Policy on sexual harassment and sexual violence.".

22 SEC. 203. APPOINTMENTS OF PERMANENT COMMISSIONED

23 OFFICERS.


25 amended by adding at the end the following:

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1 "(d) For the purposes of this section, the term 'origi-

2 nal', with respect to the appointment of a member of the

3 Coast Guard refers to that member's most recent appoint-

4 ment in the Coast Guard that is neither a promotion nor

5 a demotion.".

6 SEC. 204. MINOR CONSTRUCTION.

7 (a) IN GENERAI-,.-Section 656 of title 14, United

8 States Code, is amended by adding at the end the fol-

9 lowing:

10 "(d) MINOR CONSTRUCTION AND IMPROVEMENT.-

11 "(1) Subject to the reporting requirements set

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

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

14 for the operating expenses of the Coast Guard for

15 minor construction and improvement projects at any

16 one location.

17 "(2) No later than 90 days after the end of

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

19 Committee on Commerce, Science, and Transpor-

20 tation of the Senate and the Committee on Trans-

21 portation and Infrastructure of the House of Rep-

22 resentatives, a report on each project undertaken

23 during the course of the preceding fiscal year, for

24 which the amount expended under paragraph (1) ex-

25 ceeded $500,000." .

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1 (b) CLERICAL AMENDMENT.-

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

3 is further amended in the heading by inserting be-

4 fore the period at the end the following: "; use of

5 moneys appropriated for operating ex-

6 penses for minor construction and im-

7 provement".

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

9 of such title is amended in the item relating to sec-

10 tion 656 by striking "waters." and inserting "wa-

II ters; use of moneys appropriated for operating ex-

12 penses for minor construction and improvement.".

13 SEC. 205. TREATMENT OF REPORTS OF AIRCRAFT ACCI-

14 DENT INVESTIGATIONS.

15 (a) IN GENERAL.-Chapter 17 of title 14, United


17 lowing:

18 "§ 678. Treatment of reports of aircraft accident in-

19 vestigations

20 "(a) IN GENERAL.-Whenever the Commandant con-

21 ducts an accident investigation of an accident involving an

22 aircraft under the jurisdiction of the Commandant, the

23 records and report of the investigation shall be treated in

24 accordance with this section .

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1 "(b) PUBLIC DISCLOSURE OF CERTAIN ACCIDENT

2 INVESTIGATION INFORMATION.-

3 "(1) Subject to paragraph (2), the Com-

4 mandant, upon request, shall publicly disclose un-

5 classified tapes, scientific reports, and other factual

6 information pertinent to an aircraft accident inves-

7 tigation.

8 "(2) The Commandant shall not disclose the in-

9 formation requested in paragraph (1) unless the

10 Commandant determines-

11 "(A) that such tapes, reports, or other in-

12 formation would be included within and releas-

13 able with the final accident investigation report;

14 and

15 "(B) that release of such tapes, reports, or

16 other information-

17 "(i) would not undermine the ability

18 of accident or safety investigators to con-

19 tinue to conduct the investigation; and

20 "(ii) would not compromise national

21 security.

22 "(3) A disclosure under paragraph (1) may not

23 be made by or through officials with responsibility

24 for, or who are conducting, a safety investigation

25 with respect to the accident .

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1 "(c) OPINIONS REGARDING CAUSATION OF ACCI-

2 DENT .-Following an aircraft accident referred to in sub-

3 section (a)-

4 "(1) if the evidence surrounding the accident is

5 sufficient for the investigators who conduct the acci-

6 dent investigation to come to an opinion as to the

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

8 the accident investigation shall set forth the opinion

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

10 accident; and

11 "(2) if the evidence surrounding the accident is

12 not sufficient for the investigators to come to an

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

14 final report of the accident investigation shall in-

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

16 the opinion of the investigators, substantially con-

17 tributed to or caused the accident.

18 "(d) USE OF INFORMATION IN CIVIIJ PRO-

19 CEEDINGS.-For purposes of any civil or criminal pro-

20 ceeding arising from an aircraft accident referred to in

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

22 as to the cause of, or the factors contributing to, the acci-

23 dent set forth in the accident investigation report may not

24 be considered as evidence in such proceeding, nor may

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1 such report be considered an admission of liability by the

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

3 "( e) REGULATIONS.-The Commandant shall pre-

4 scribe regulations to carry out this section.

5 "(f) DEFINITIONS.-For purposes of this section-

6 "(1) the term 'accident investigation' means

7 any form of investigation by Coast Guard personnel

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

9 other than a safety investigation; and

10 "(2) the term 'safety investigation' means an

11 investigation by Coast Guard personnel of an air-

12 craft accident referred to in subsection (a), that is

13 conducted solely to determine the cause of the acci-

14 dent and to obtain information that may prevent the

15 occurrence of similar accidents.".

16 (b) CLERICAL AlvIENDMENT.-The analysis at the be-

17 ginning of such chapter is amended by adding at the end

18 the following:

"678. Treatment of reports of aircraft accident investigations.".

19 SEC. 206. ACQUISITION WORKFORCE EXPEDITED HIRING

20 AUTHORITY.

21 Section 404 of the Coast Guard Authorization Act

22 of 2010 (Public Law 111-281; 124 Stat. 2950) is amend-

23 ed-

24 (1) in subsection (a)(l), by striking "as short-

25 age category positions;" and inserting "as positions

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3

4

5

6

7

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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.".

8 SEC. 207. COAST GUARD HOUSING REPORT.

9 In conjunction with the transmittal by the President

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

11 the Commandant of the Coast Guard shall submit to the

12 Committee on Commerce, Science, and Transportation of

13 the Senate and the Committee on Transportation and In-

14 frastructure of the House of Representatives a report on

15 the status of Coast Guard servicemember housing, includ-

16 mg-

17 (1) a statement of the Coast Guard's housing

18 needs requirements;

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

20 Guard's current housing inventory, including both

21 leased and owned property;

22 (3) an assessment of housing available for

23 Coast Guard use from surrounding communities and

24 other government agencies for all duty stations;

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1 (4) a list of housing capacity shortfalls and ex-

2 cess; and

3 (5) a revised prioritized list of housing mainte-

4 nance and recapitalization projects.

5 TITLE III-COAST GUARD 6 REFORM 7 SEC. 301. REPEALS.

8 (a) DISTRICT OMBUDSl\iAN.-Section 55 of title 14,

9 United State Code, and the item relating to such section

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

11 (b) FAA AIR AIDS TO NAVIGATION.-Section 82 of

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

13 section in the analysis for chapter 5 of such title, are re-

14 pealed.

15 (c) OCEAN STATIONS.-Section 90 of title 14, United

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

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

18 (d) DETAIl, OF MEMBERS To ASSIST FOREIGN Gov-

19 ERNMENTS.-Section 149(a) of title 14, United States

20 Code, is amended by striking the second and third sen-

21 tences.

22 (e) ADVISORY COMMITTEE.-Section 193 of title 14,

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

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

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1 (f) HISTORY FELLOWSHIPS.-Section 198 of title 14,



4 (g) ACQUISITION AWARDS.-Section 563 of title 14,



7 SEC. 302. INTERFERENCE WITH COAST GUARD TRANS-

8 MISSIONS.

9 Section 88 of title 14, United States Code, is amend-

10 ed by adding the following:

11 " (e) An individual who knowingly and willfully oper-

12 ates a device that interferes with the broadcast or recep-

13 tion of a radio, microwave, or other signal (including a

14 signal from a global positioning system) transmitted, re-

15 transmitted, or augmented by the Coast Guard for the

16 purpose of maritime safety is-

17 "(1) guilty of a class E felony; and

18 "(2) subject to civil penalty of not more than

19 $1,000 per day for each violation.".

20 SEC. 303. NATIONAL SECURITY CUTTERS.

21 (a) IN GENERAL.-Subchapter I of chapter 15 of title

22 14, United States Code is amended by adding at the end

23 the following new section:

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1 "§ 569a. National security cutters

2 "The Commandant may not acquire a sixth national

3 security cutter on any date before which the Com-

4 mandant-

5 "(1) has selected an offshore patrol cutter that

6 meets at least the minimum operational require-

7 ments set out in the Operational Requirements Doc-

8 ument approved by the Department in October 20,

9 2010;

10 "(2) has acquired a sufficient number of Long

11 Range Interceptor II and Cutter Boat Over the Ho-

12 rizon IV small boats for each of the first five na-

13 tional security cutters;

14 "(3) has achieved the goal of 225 days away

15 from homeport for each of the first three national

16 security cutters; and

17 "(4) has submitted to the Committee on Com-



20 structure of the House of Representatives a program

21 execution plan detailing increased aerial coverage to

22 support national security cutter operations.)).

23 (b) CljERICAIj AMENDMENT .-The analysis at the be-

24 ginning of such chapter is amended by adding at the end

25 of the items relating to such subchapter the following:

"569a. National security cutters.",

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1 SEC. 304. MAJOR ACQUISITIONS REPORT.

2 (a) IN GENERAh-Subchapter I of chapter 15 of title

3 14, United States Code, is further amended by adding at

4 the end the following:

5 "§ 569b. Major acquisitions report

6 "(a) MAJOR ACQUISITION PROGRAMS IMPLEMENTA-

7 TION REPORT .-In conjunction with the transmittal by

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

9 year 2013 and every two fiscal years thereafter, the Sec-

10 retary shall submit to the Committee on Commerce,

11 Science, and Transportation of the Senate and the Com-

12 mittee on Transportation and Infrastructure of the House

13 of Representatives a report on the status of all major ac-

14 quisition programs.

15 "(b) INFORMATION To BE INCIJUDED.-The report

16 shall include for each major acquisition program-

17 "(1) a statement of Coast Guard's mission

18 needs and performance goals for such program, in-

19 eluding a justification for any change to those needs

20 and goals from any report previously submitted

21 under this subsection;

22 "(2) a justification for how the projected num-

23 ber and capabilities of each planned acquisition pro-

24 gram asset meets those mission needs and perform-

25 ance goals;

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1 "(3) an identification of any and all mISSIOn

2 hour gaps, accompanied by an explanation on how

3 and when the Coast Guard will close those gaps;

4 "( 4) an identification of any changes to such

5 program, including-

6 " (A) any changes to the timeline for the

7 acquisition of each new asset and the phase out

8 of legacy assets; and

9 " (B) any changes to the costs of new as-

10 sets and legacy assets for that fiscal year, fu-

II ture fiscal years, or the total acquisition cost;

12 "(5) a justification for how any change to such

13 program fulfills the mission needs and performance

14 goals of the Coast Guard;

15 " (6) a description of how the Coast Guard is

16 planning for the integration of each new asset ac-

17 quired under such program into the Coast Guard,

18 including needs related to shore-based infrastructure

19 and human resources;

20 "(7) an identification of how funds in that fis-

21 cal year's budget request will be allocated, including

22 information on the purchase of specific assets;

23 "(8) a projection of the remaining operational

24 lifespan and lifecycle cost of each legacy asset that

25 also identifies any anticipated resource gaps;

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1 "(9) a detailed explanation of how the costs of

2 the legacy assets are being accounted for within such

3 program;

4 "(10) an annual performance comparIson of

.s new assets to legacy assets; and

6 "(11) an identification of the scope of the an-

7 ticipated acquisitions workload for the next fiscal

8 year and a determination on the adequacy of the

9 current acquisition workforce to meet that antici-

10 pated workload, including the specific positions that

11 are or will be understaffed, and actions that will be

12 taken to correct such understaffing.

13 "(c) CUTTERS NOT MAINTAINED IN CLAss.-Each

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

15 Coast Guard cutters that have been issued a certificate

16 of classification by the American Bureau of Shipping have

17 not been maintained in class with an explanation detailing

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

19 "(d) DEFINITION.-For the purposes of this section,

20 the term 'major acquisition program' means an ongoing

21 acquisition undertaken by the Coast Guard with a life-

22 cycle cost estimate greater than or equal to

23 $300,000,000.".

24 (b) CLERICAL AlVIENDlVIENT.-The analysis at the be-

25 ginning of such chapter is further amended by adding at

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1 the end of the items relating to such subchapter the fol-

2 lowing:

"56gb. Major acquisitions report.".

3 (c) REPEAL.-

4 (1) Section 408 of the Coast Guard and Mari-

S time Transportation Act of 2006 (120 Stat. 537) is

6 amended by striking subsection (a).

7 (2) Title 14, United States Code, is amended-

8 (A) in section 562, by striking subsection

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

10 ( e) and (f), respectively; and

11 (B) in section 573(c)(3), by striking sub-

12 paragraph (B).

13 SEC. 305. ENVIRONMENTAL COMPLIANCE AND RESTORA-

14 TION BACKLOG.

15 (a) IN GENERAL.-Section 693 of title 14, United

16 States Code, is amended to read as follows:

17 "§ 693. Annual report to Congress

18 "The Commandant of the Coast Guard shall submit

19 to the Committee on Transportation and Infrastructure

20 of the House of Representatives and the Committee on

21 Commerce, Science, and Transportation of the Senate the

22 prioritized list of projects eligible for environmental com-

23 pliance and restoration funding for each fiscal year con-

24 current with the President's budget submission for that

25 fiscal year." .

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1 (b) CLERICAL AMENDMENT .-The analysis for chap-

2 ter 19 of such title is amended by striking the item for

3 such section and inserting the following:

"693. Annual report to Congress.".

4 SEC. 306. COAST GUARD AUXILIARIST ENROLLMENT ELlGI-

5 BILITY.

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

7 amended by inserting "and aliens lawfully admitted for

8 permanent residence, as defined in section 101(a)(20) of

9 the Immigration and Nationality Act (8 U.S.C. 1101

10 (a)(20))," after "possessions,".

11 SEC. 307. DECOMMISSIONINGS.

12 (a) POIllffi SEA.-Not later than 6 months after the

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

14 Coast Guard shall decommission the USCGC POLAR

15 SEA (WAGB 11).

16 (b) POLAR STAR.-N ot later than 3 years after the


18 Coast Guard shall decommission the USCGC POLAR

19 STAR (WAGB 10).

20 SEC. 308. ASSESSMENT OF NEEDS FOR ADDITIONAL COAST

21

22

GUARD PRESENCE IN HIGH LATITUDE RE

GIONS.

23 Not later than 60 days after the date of enactment

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

25 Coast Guard is operating shall submit a report to the

.HR 2838 IH

26

1 Committee on Commerce, Science, and Transportation of

2 the Senate and the Committee on Transportation and In-

3 frastructure of the House of Representatives assessing the

4 need for additional Coast Guard prevention and response

5 capability in the high latitude regions. The assessment

6 shall address needs for all Coast Guard mission areas, in-

7 cluding search and rescue, marine pollution response and

8 prevention, fisheries enforcement, and maritime com-

9 merce. The Secretary shall include in the report-

10 (1) an assessment of the high latitude operating

11 capabilities of all current Coast Guard assets other

12 than icebreakers, including assets acquired under

13 the Deepwater program;

14 (2) an assessment of projected needs for Coast

15 Guard forward operating bases in the high latitude

16 regions; and

17 (3) an assessment of shore infrastructure, per-

18 sonnel, logistics, communications, and resources re-

19 quirements to support Coast Guard forward oper-

20 ating bases in the high latitude regions.

21 SEC. 309. LIMITATION ON EXPENDITURES.

22 Section 149(d) of title 14, United States Code, IS

23 amended by adding at the end the following:

.HR 2838 IH

27

1 "( 3) The amount of funds used under this sub-

2 section may not exceed $100,000 in any fiscal

3 year.".

4 TITLE IV-SHIPPING AND 5 NAVIGATION 6 SEC. 401. COMMITTEE ON THE MARINE TRANSPORTATION

7 SYSTEM.

8 (a) IN GENERAL.-Chapter 555 of title 46, United


IO lowing:

11 "§ 55502. Committee on the Marine Transportation

12 System

13 "(a) ESTABLISHMENT.-There is established a Com-

14 mittee on the Marine Transportation System (in this sec-

15 tion referred to as the 'Committee').

16 " (b) PURPosE.-The Committee shall-

17 " (1) assess the adequacy of the marine trans-

18 portation system (including' ports, waterways, chan-

19 nels, and their intermodal connections);

20 "(2) develop and implement policies to promote

21 an efficient marine transportation system; and

22 "(3) coordinate policies among Federal agencies

23 to promote an efficient marine transportation sys-

24 tern.

25 "( c) MEMBERSHIP.-

.HR 2838 IH

28

1 "(1) IN GENERAL.-The Committee shall con-

2 sist of the Secretary of Transportation, the Sec-

3 retary of Defense, the Secretary of Homeland Secu-

4 rity, the Secretary of Commerce, the Secretary of

5 the Treasury, the Secretary of State, the Secretary

6 of the Interior, the Secretary of Agriculture, the At-

7 torney General, the Secretary of Labor, the Sec-

8 retary of Energy, the Administrator of the Environ-

9 mental Protection Agency, the Chairman of the Fed-

10 eral Maritime Commission, and the head of any

11 other Federal agency that the Committee Chair,

12 with the approval of a majority of the voting mem-

13 bers of the Committee, determines can further the

14 purpose and activities of the Committee.

15 "(2) EX-OFFICIO MEMBERS.-The Committee

16 may also consist of so many nonvoting members as

17 the Committee Chair, with the approval of a major-

18 ity of the voting members of the Committee, deter-

19 mines is appropriate to further the purpose and ac-

20 tivities of the Committee.

21 "(3) CHAIRMAN.-The Chair of the Committee

22 shall rotate each year among the Secretary of Trans-

23 portation, the Secretary of Defense, the Secretary of

24 Homeland Security, and the Secretary of Commerce.

25 The order of rotation shall be determined with the

oHR 2838 IH

29

1 approval of a majority of the voting members of the

2 Committee.

3 "(d) SUPPORT.-

4 "(1) COORDINATING BOARD.-Each member of

5 the Committee may select a senior level representa-

6 tive to serve on a coordinating board which shall as-

7 sist the Committee in carrying out its purpose and

8 activities.

9 "(2) EXECUTIVE DIRECTOR.-The Secretary of

10 Transportation, in consultation with the Secretary of

11 Defense, the Secretary of Homeland Security, and

12 the Secretary of Commerce, shall select an executive

13 director to assist the Committee in carrying out its

14 purpose and activities.

15 "(e) MARINE TRANSPORTATION SYSTEM ASSESS-

16 MENT Ai\fD S'rRATEGY.-Not later than one year after the

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

18 the Committee shall provide a report to Congress which

19 includes-

20 " (1) steps taken to implement actions rec-

21 ommended in the July 2008 'National Strategy for

22 the Marine Transportation System: A Framework

23 for Action';

24 "(2) an assessment of the condition of the ma-

25 rine transportation system;

.HR 2838 1M

30

1 " (3) a discussion of the challenges the system

2 faces in meeting user demand;

3 "( 4) a plan with recommended actions for im-

4 proving the marine transportation system to meet

5 current and future challenges; and

6 " (5) steps taken to implement actions rec-

7 ommended in previous reports required under this

8 subsection.

9 "(f) CONSULTATION.-In carrymg out its purpose

10 and activities, the Committee may consult with the Marine

11 Transportation System National Advisory Council, inter-

12 ested parties, and the public.".

13 (b) CLERICAL AMENDMENT .-The table of sections

14 at the beginning of such chapter is amended by inserting

15 after the item relating to section 31309 the following:

"55502. Committee on the Marine Transportation System.".

16 SEC. 402. REPORT ON DETERMINATIONS.

17 Not later than 180 days after the date of enactment

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

19 Coast Guard is operating shall provide to the Committee

20 on Transportation and Infrastructure of the House of

21 Representatives and the Committee on Commerce,

22 Science, and Transportation of the Senate a report on-

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

24 industrial base expertise as a result of rebuild, con-

25 verSIOn, and double-hull work on United States-flag

.HR 2838 IH

31

1 vessels eligible to engage m the coastwise trade

2 being performed in foreign shipyards;

3 (2) enforcement of the Coast Guard's foreign

4 rebuild determination regulations; and

5 (3) recommendations for improving the trans-

6 parency in the Coast Guard's foreign rebuild deter-

7 mination process.

8 SEC. 403. DOCKSIDE EXAMINATIONS.

9 (a) IN GENERAL.-Section 4502(f) of title 46, United

10 states Code, is amended-

11 (1) in paragraph (2) by striking "at least once

12 every 2 years" and inserting "at least once every 5

13 years";

14 (2) by striking "and" after the semicolon at the

15 end of paragraph (1);

16 (3) by striking the period at the end of para-

17 graph (2) and inserting"; and"; and

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

19 "(3) shall complete the first examination of a

20 dockside vessel under this section no later than Oc-

21 tober 15, 2015.".

22 (b) DATABASE.-Section 4502(g)(4) of title 46,

23 United States Code, is amended by striking "a publicly

24 accessible" and inserting "an" .

• HR 2838 IH

32 1 SEC. 404. INVESTIGATION OF MARINE CASUALTIES.


3 amended by striking "The Secretary shall prescribe regu-

4 lations for the immediate investigation of" and inserting

5 "The Secretary shall investigate".

6 SEC. 405. RECOURSE FOR NONCITIZENS.


8 amended-

9 (1) by inserting "(a) IN GENERAL.-" before

1 0 the first sentence; and

11 (2) by adding at the end the following new sub-

12 section:

13 "(b) RECOURSE FOR NONRESIDENT AIJIEN SEAJ\1:EN

14 EMPIJOYED ON FOREIGN PASSENGER VESSEIJS.-A claim

15 for damages or expenses relating to personal injury, ill-

16 ness, or death of a seaman who is a citizen of a foreign

17 nation, arising' during or from the engagement of the sea-

18 man by or for a passenger vessel duly registered under

19 the laws of a foreign nation, may not be brought under

20 the laws of the United States if-

21 "(1) such seaman was not a permanent resident

22 alien of the United States at the time the claim

23 arose;

24 "(2) the injury, illness, or death occurred on

25 the high seas or in the territorial waters of a nation

26 other than the United States; and

.HR 2838 IH

33

1 "(3) the seaman or the seaman's personal rep-

2 resentative has or had a right to seek compensation

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

4 of-

5 "(A) the nation in which the vessel was

6 registered at the time the claim arose; or

7 "(B) the nation in which the seaman main-

8 tained citizenship or residency at the time the

9 claim arose.".

1 0 SEC. 406. MARITIME LIENS ON FISHING PERMITS.

11 (a) IN GENERAL.-Subchapter I of chapter 313 of

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

13 end the following:

14 "§ 31310. Limitation on maritime liens on fishing per-

15 mit and permit description

16 "(a) IN GENERAL.-This chapter-

17 "( 1) does not establish a maritime lien on a

18 permit that-

19 "(A) authorizes a person or use of a vessel

20 to engage in fishing; and

21 "(B) is issued under State or Federal law;

22 and

23 "(2) does not authorize any civil action to en-

24 force a maritime lien on such a permit .

• HR 2838 ill

34

1 "(b) FISHING PERMIT DESCRIBED.-A fishing per-

2 mit-

3 "(1) is governed solely by the State or Federal

4 law under which it was issued; and

5 " (2) is not included in the whole of a vessel or

6 as an appurtenance or intangible of a vessel for any

7 purpose.

8 "(c) LIMITATION ON STATUTORY CONSTRUCTION.-

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

10 imposing any limitation upon the authority of the Sec-

11 retary of Commerce to modify, suspend, revoke, or sanc-

12 tion any Federal fishery permit issued by the Secretary

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

14 modification, suspension, revocation, or sanction.".

15 (b) CLERICAL AMENDMENT.-The table of sections

16 at the beginning of such chapter is amended by inserting

17 after the item relating to section 31309 the following:

"31310. Limitation on maritime liens on fishing permit and permit description.".

18 SEC. 407. SHORT SEA TRANSPORTATION.

19 (a) PURPOSE OF PROGRAM AND PROJECTS; REAU-

20 THORIZATION; TERMINATION.-Section 55601 of title 46,

21 United States Code, is amended-

22 (1) in subsection (a), by striking "landside con-

23 gestion." and inserting "landside congestion and to

24 promote increased use of the navigable waters of the

.HR 2838 IH

35

1 United States for transportation of passengers or

2 freight (or both).";

3 (2) in subsection (c), by inserting "and to pro-

4 mote waterborne transportation between ports with-

5 in the United States" after "coastal corridors";

6 (3) in subsection (d), by striking "that the

7 project may-" and all that follows thr.ough the end

8 of the subsection and inserting "that the project

9 uses documented vessels and-

10 "(1) mitigates lands ide congestion; or

11 "(2) promotes waterborne transportation be-

12 tween ports of the United States.";

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

14 subsection (g) as subsection (f);

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

16 adding at the end the following-

17 "( 4) AUTHORIZATION OF APPROPRIATIONS.-

18 There is authorized to be appropriated not more

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

20 through fiscal year 2017 for grants under this sub-

21 section. "; and

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

23 "(g) TERMINATION OF AUTHORITY.-Authority

24 granted to the Secretary under this section shall terminate

25 September 30,2017." .

• HR 2838 IH

36

1 (b) SHORT SEA TRANSPORTATION DEFINITION.-

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

3 by striking "means the carriage by vessel of cargo-" and

4 inserting "means the carriage of passengers or freight (or

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

6 States-" .

7 SEC. 408. MISSION OF THE MARITIME ADMINISTRATION.

8 Section 109(a) of title 49, United States Code, IS

9 amended-

10 (1) in the section heading by striking "Orga-

11 nization" and inserting "Organization and

12 mission"; and

13 (2) by inserting at the end the following: "The

14 mission of the Maritime Administration is to foster,

15 promote, and develop the domestic merchant mari-

16 time industry of the United States:".

17 TITLE V-FEDERAL MARITIME 18 COMMISSION 19 SEC. 501. AUTHORIZATION OF APPROPRIATIONS.

20 Section 501 of the Coast Guard and Maritime Trans-

21 portation Act of 2004 (Public Law 108-293; 118 Stat.

22 1049) is amended by striking "Commission-" and all

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

24 and inserting "Commission for each of the fiscal years

25 2012 through 2015, $22,100,000.".

eHR 2838 IH

37

1 TITLE VI-MISCELLANEOUS 2 SEC. 601. TECHNICAL CORRECTIONS.

3 (a) TITLE 14.-Title 14, United States Code, IS

4 amended-

5 (1) III section 564, by striking subsection (d);

6 and

7 (2) in section 569(a), by striking "and annually

8 thereafter,".

9 (b) STUDY OF BRIDGES.-Section 905 of the Coast

10 Guard Authorization Act of 2010 (Public Law 111-281;

11 124 Stat. 3012) is amended to read as follows:

12 "SEC. 905. STUDY OF BRIDGES OVER NAVIGABLE WATERS.

13 "The Commandant of the Coast Guard shall submit

14 to the Committee on Commerce, Science, and Transpor-

15 tation of the Senate and the Committee on Transportation

16 and Infrastructure of the House of Representatives a com-

17 prehensive study on the construction or alteration of any

18 bridge, drawbridge, or causeway over the navigable waters

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

20 greater that may impede or obstruct future navigation to

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

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

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

24 on or after January 1, 2006 and on or before August 3,

25 2011." .

• RR 2838 IR

38

1 SEC. 602. REPORT ON COAST GUARD MERCHANT MARINER

2 MEDICAL EVALUATION PROGRAM.

3 (a) IN GENERAL.-Not later than 180 days after the


5 Coast Guard shall submit to the Committee on Transpor-

6 tation and Infrastructure of the House of Representatives

7 and the Committee on Commerce, Science, and Transpor-

8 tation of the Senate a report on the Coast Guard National

9 Maritime Center's merchant mariner medical evaluation

10 program and alternatives to the program.

11 (b) CONTENTS.-The report required under sub-

12 section (a) shall include the following:

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

14 for making medical certification determinations for

15 issuance of merchant mariners' documents.

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

17 Federal Motor Carrier Safety Administration's Na-

18 tional Registry of Certified Medical Examiners pro-

19 gram, and the Federal Aviation Administration's

20 Designated Aviation Medical Examiners program,

21 could be applied by the Coast Guard to make med-

22 ical fitness determinations for issuance of merchant

23 mariners' documents.

24 (3) An explanation of how the amendments to'

25 the International Convention on Standards of Train-

26 ing, Certification and Watchkeeping for Seafarers,

.HR 2838 IH

39

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

2 require changes to the Coast Guard's merchant mar-

3 iner medical evaluation program.

4 SEC. 603. NOTICE OF ARRIVAL.

5 The regulations required under section 109(a) of

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

7 arrival for foreign vessels on the Outer Continental Shelf

8 shall not apply to a vessel documented under section

9 12105 of title 46, United States Code, unless such vessel

10 arrives from a foreign port or place.

o

.HR 2838 IH

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EN BLOC AMENDMENTS TO H.R. 2838

OFFERED BY r1r: LoE;.icnGO

Page 20, strike lines 1 through 22 and insert the

follmving:

1 "§ 569a. National security cutters

2 "(a) The Commandant may not begin production of

3 a sixth national security cutter on any date before which

4 the Conmlandant-

5 . "( 1) has acquired a sufficient number of Long

6 Range Interceptor II and Cutter Boat Over the Ho-

7 rizon IV small boats for each of the first three na-

8 tional security cutters and has submitted to the

9 Committee on Commerce, Science, and Transpor-

10 tation of the Senate and the Committee .on Trans-

11 portation and Infrastructure of the House of Rep-

12 resentatives a plan to provide such boats upon the

13 date of delivery of each subsequent national security

14 cutter;

15 "(2) has achieved the goal of 225 days away

16 from homeport for each of the first two national se-

17 curity cutters; and

18 "(3) has submitted to the Committee on Com-


f:\ VHLC\090711\090711.213..xml September 7,2011 (5:43. p.m.)

(5063.64113.)


2


2 structure of the House of Representatives a program

3 execution plan detailing increased aerial coverage to

4 support national securitY. c~tte~ oper~ti6:ilS,

5 " (b) The Commandant may not begin production of

6 a seventh national security cutter on any date before

7 which the Commandant has selected an offshore patrol

. 8 cutter that meets at least the minimum operational re-

9 quirements set out in the Operational Requirements Docu-

10 ment approved by the department in which the Coast

11 Guard is operating on October 20,2010,",

Page 23, line 8, strike iiyear" and insert the fol

lowing: 'iyear;· the number of officers, members, and em

ployees of the Coast. Guard currently assigned to posi

tions in the acquisition workforce;"

Page 25, beginning at line 4, strike section 3 ° 6 and

insert the following:

12 SEC. 306. COAST GUARD AUXlLIARIST ENROLLMENT ELIGI-

13 BILITY.

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

15 amended by striking "citizens of the United States and

16 its territories and possessions," and inserting i'nationals

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

18 101(a)(22) of the Immigration and Nationality Act (8

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(506364113)

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3

1 U.S.C. 1101(a)(22)) and aliens lawfully admitted for per-

2 manent residence (as such term is defined in section

3 101(a)(20)of such Act (8 U.s.C. 1101 (a)(20))),".

Page 26, line 15, strike "forward operating bases"

and insert "operations".

Page 26, beginning at line 19, strike "forward oper

ating bases in the high latitude regions" and insert "op

erations in the high latitude regions, including forward

operating bases and existing infrastructure in the flIr

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

year round.".

At the end of title III (page 27, after line 3) add

the following:

4 SEC. _' RESTRICTION ON THE USE OF AIRCRAFT.

5 (a) RESTRIGTION.-Except as provided in subsection

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

7 Guard is operating and the Commandant of the Coast

8 Guard may not travel aboard any Coast Guard owned or

9 operated fixed-wing aircraft if the Secretary has not pro-

10 vided the Committee on Transportation and Infrastruc-

11 ture of the House of Representatives and the Oommittee

12 on Oommerce, Science, and Transportation of the Senate

13 all of the following:

14

f:\VHLC\090711\090711.213.xml September 7,2011.(5:43 p.m.)

(1) A cost-constrained Fleet Mix Analysis.

(506364113)


4

1 (2) The notification required under section 219

2 of the Coast Guard Authorization Act of 2010 (Pub-

3 licLaw 111-281; 124 Stat. 2918).

4 (b) EXCEPTION.-The Secretary and the Com-

S mandant may travel aboard a Coast Guard Olmed and op-

6 erated fIxed-Viring aircraft-

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

8 declared under section 401 of the Robert T. Stafford

9 Disaster Relief and Emergency Assistance Act (42

10 U.S.C. 5170);

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

12 spill of national significance under part 300.323 of

13 title 40, Code of Federal Regulations; or

14 (3) for evacuation purposes including for a

15 medical emergency.

Page 32, begimiing at line I, strike section 404.

Page 32, strike lines 24 through 26 and insert the

folloViring:

16 "(2) the injury, illness, or death arose outside

17 the territorial waters of the U rtited States; and

At the end of title VI (page 39, after line 10) insert

the folloViring:

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5

1 SEC. _, TECHNICAL CORRECTIONS TO TITLE 14.

2 Chapter 1 of tit~e 14, United States Code, is amended'

3 to read as follows:

4 "CHAPTER I-ESTABLISHMENT AND

5 DUTffiS

"1. Establishment of Coast Guard. "2. Primary duties. "3. Department in which the Coast Guard operates. "4. Secretary defined.

6 "§ 1. Establishment of Coast Guard

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

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

9 times.

1 0 "§ 2. Primary dutie!,

11 "The Coast Guard shall-

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

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

14 seas and waters subject to the jurisdiction of the

15 United States;

16 "(2) engage m maritime aIr surveillance or

17 interdiction to enforce or assist in the enforcement

18 of the laws of the United States;

19 "(3) administer ~aws and promulgate and en-

20 force regulations for the promotion of safety of life

21 and property on and under the high seas and waters

22 subject to the jurisdiction of the United States cov-

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6

1 ering all matters not specifically delegated by law to

2 some other executive department;

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

4 ,vith due regard to the requirements of national de-

5 fense, aids to maritime navigation, ice-breaking fa-

6 cilities, and rescue facilities for the promotion of

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

8 subject to the jurisdiction of the United States;

9 "(5) pursuant to international agreements, de-

10 velop, establish, maintain, and operate icebreaking

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

12 high seas .and waters subject to the jurisdiction of

13 the United States;

14 "( 6) engage in oceanographic research of the

15 high seas and in waters subject to the jurisdiction of

16 the United States; and

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

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

19 including the fulfillment of Maritime Defense Zone

20 command responsibilities.

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

22 "(a) The Coast Guard shall be a service in the De-

23. partment of Homeland Security, except when operating as

24 a service in the N a-vy. (b) Upon the declaration of war if

25 Congress so directs in the declaration or when the Presi-

f:WHLC\090711\090711.213.xml September 7,2011 (5:43 p.m.)

(506364113)


7

. 1 dent directs, the Coast Guard shall operate as a service

2 in the Navy, and shall so continue until the Pre.sident, by

3 Executive order, transfers the Coast Guard back to the

4 Department of Homeland Security. Whil~ operating as a

5 service in the Navy, the Coast Guard shall be subject to

6 the orders of the Secretary of the Navy, who may order

7 changes in Coast Guard operations to render them um-

8 form, to the extent such Secretary deems advisable, with

9 Navy operations.

10 "( c) Whenever the Coast Guard operates as a service

11 in the Navy:

12 "( 1) applicable appropriations of the Navy De-

13 partment shall be available for the expense of the

14 Coast Guard;

15 "( 2) applicable appropriations of the Coas~

16 Guard shall be available for transfer to the Navy

17 Department;

18 "( 3) precedence between commissioned officers

19 of corresponding grades in the Coast Guard and the

20 Navy shall be detern:rined by the date of railk stated

21 by their commissions in those grades;

22 "( 4) personnel of the Coast Guard shall be eli-

23 gible to receive gratuities, medals, and other insignia

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

25 service or serving in any capacity with the N aVYi and


(506364113)


8

1 "( 5) the Secretary may place on furlough any

2 officer of the Coast Guard and officers on furlough

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

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

5 Coast Guard Reserve shall not be so placed on fur-

·6 lough.

7 "§ 4. Secretary defined

8 "In this title, the term 'Secretary' means the Sec-

9 retary of the respective department in which the Coast

10 Guard is operating .. ".

11 SEC.~. DISTANT WATER TUNA FLEET.

12 Section 421(d) of the Coast Guard and Maritime

13 Transportation Act of 2006 (Public Law 109-241; 120

14 Stat. 548) is amended by striking "on December 31,

15 2012" and inserting "on the date the Treaty on Fisheries

16 Between the Governments of Certain Pacific Island States

17 and the Government of the United States of America

18 ceases to have effect for any party under Article 12.6 or

19 12.7 of such treaty, as in effect on the date of enactment

20 of the Coast Guard and Maritime Transportation Act of

21 2011".

22 SEC.~. WAIVERS.

23 (a) IN GENERAL.-Notwithstanding sections 12112

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

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


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9

1 Guard is operating may issue a certificate of documenta-

2 tion with a coastwise endorsement for each of the following

3 vessels:

4 (1) M/V GEYSIR (United States official num-

5 ber 622178).

6 (2) MACY-RENEE (United States official

7 number 1107319)

8 (3) OCEAN 'lERITAS (IMO number

9 7366805).

10 (4) LUNA (United States official number

11 280133).

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

13 official number 1028654)

14 (b) DOCUMENTATION OF LNG TANKERS.-

15 (1) IN GENERAL.-Notwithstanding sections

16 12112 and 12132 and chapter 551 of title 46,

17 United States Code, the Secretary of the department

18 in which the Coast Guard is operating may issue a

19 certificate of documentation with a coastwise en-

20 dorsement for each of the following vessels:

21 (A) LNG GEMINI (United States official

22 number 595752).

23 (B) LNG LEO (United States official

24 number 595753).


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10

1 (C) LNG VIRGO (United States official

2 number 595755).

3 (2) LIMITATION ON OPERATION.-Coastwise

4 trade authorized under paragraph (1) shall be lim-

5 ited to carriage of natural gas, as that term is de-

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

7 1974 (33 U.S.C. 1502(13)).

8 (3) TERMINATION OF EFFECTIVENESS OF EN-

9 DORSEMENTS.-The coastwise endorsement issued

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

11 date of the sale of the vessel by the owner of the ves-

12 sel on the date of enactment of this Act to a person

13 who is not related by ownership or control to such

14 owner.

15 (c) OPERATION OF A DRY DOCK,-A vessel trans-

16 ported in Dry Dock #2 (State of Alaska registration

17 AIDEA FDD-2) is not merchandise for purposes of sec-

18 tion 55102 of title 46, United States Code, if, during such

19 transportation, Dry Dock #2 remains connected by a util-

20 ity or other connecting line ,to pierside moorage.

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Job : 146 Date: 9/9/2011 Time: 12:09:17 PM

F:\M12\CRAVAA\CRA VAA_020.xML

AMENDMENT TO H.R. 2838

OFFERED BY MR. CRAV AACK OF MINNESOTA

At the end of title VI add the following:

1 SEC. _. REPORT ON OPTIONS TO IMPROVE INTEGRATION

2 OF U.S. COAST GUARD AND CANADIAN COAST

3 GUARD GREAT LAKES ICEBREAKING OPER-

4 ATIONAL INFORMATION.

5 Within 180 days after the date of enactment of this

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

7 the Committee on Commerce, Science, and Transportation

8 of the Senate and the Committee on Transportation and

9 Infrastructure of the House of Representatives on options

10 to improve the integration of the Great Lakes icebreaking

11 operational information of the United States Coast Guard

12 and Canadian Coast Guard to improve the safety, eco-

13 nomic security, and efficiency of Great Lakes icebreaking

14 activities of both services.


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Job : 148 Date: 9/9/2011 Time: 12:09:31 PM

F:\M1 2\LANDRY\LANDRY_043.XML


OFFERED BY MR. LANDRY OF LOUISIANA


1 SEC. _' STANDBY VESSELS.

2 (a) IN GENERAL.-Subtitle VIII of title 46, United

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

4 following new chapter:

5 "CHAPTER 807-STANDBY VESSELS

"Sec. "80701. Standby vessels.

6 "§ 80701. Standby vessels

7 "(a) IN GENERAL.-The owner or operator of a

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

9 standby vessel-

10 "(1) not more than 3 nautical miles from such

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

12 is performing drilling, plugging, abandoning, or

13 workover operations; and

14 "(2) not more than 12 nautical miles from such

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

16 is performing operations other than drilling, plug-

17 ging, abandoning, or workover operations.

f:WHLC\090711\090711.186.xml September 7. 2011 (4:56 p.m.)

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2

1 "(b) IMPROVED STANDBY VESSEL RESPONSE

2 TIlVIE.-'

3 "(1) INGENERAL.-A Coast Guard District

4 Commander may reduce the distances prescribed in

5 subsection (a) for the area of command of the Dis-

6 trict Commander if the District Commander deter-

7 mines the reduction is necessary to address delays in

8 standby vessel response times caused by inclement

9 weather, high seas, or other conditions that prolong

10 standby vessel response time or lessen the time sur-

11 vivors of an accident can remain in the water.

12 "(2) APPROXI1VIATION OF NORMAL RESPONSE

13 TIME.-Any reduction under paragraph (1) shall be

14 made to a distance that, in weather conditions ne-

lS cessitating the reduction, ensures that a standby

16 vessel's response time approximates that of a stand-

17 by vessel covering the distance prescribed in sub-

18 section (a) during normal weather conditions.

19 "(3) PREVENTION OF HYPOTHERMIA.-Any re-

20 duction under paragraph (1) made due to water

21, temperature or other factors that reduce the time

22 survivors of an accident can remain in the water

23 shall be made to a distance at which a standby ves-

24 sel can be assumed to reach the survivor before the

25 onset of hypothermia.


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3

1 "( 4) NorrICE TO OWNERS Ai'TD OPERATORS.-

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

3 District Commander shall provide 72 hours notice to

4 the owners and operators of standby vessels and

5 owners and operators of maImed facilities, install a-

6 tions, units, and vessels operating in the District

7 Commander's area of command.

8· "(c) MULTIPLE PLATFORMS AND USEs.-Nothing in

g.. this section shall be construed to prohibit-

10 "(1) use of one standby vessel for more than

11 one maImed facility, installation, unit, or vessel; or

12 "(2) use of a standby vessel for other pur-

13 poses.".

14 (b) CLERICAL AMENDMEN'l'.-The table of chapters

15 at the beginning of such subtitle is amended by adding

16 at the end the following:

"807. Standby vessels ......................................... , ...... , ..................... 80701.".

17 (c) EFFECTIVE DATE.-The amendments made by

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

19 enactment of this Act.

20 (d) REGULATIONS.-

21 (1) IN GENERAL.-The Secretary of the depart-

22 ment in which the Coast Guard is operating may

23 promulgate regulations to implement the amend-

24 ments made by tIns section.

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4

1 (2) EXISTING REGULATIONS.-Until such time

2 as the Secretary promulgates regulations to imple-

3 ment the amendments made by this section, the re-

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

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

6 of enactment of this Act, including the requirements

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

8 standby vessels required under the amendments.

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F:\M12\BROWFL\BROWFL_Oll.xML


OFFERED BY Ms. BROWN OF FLORIDA


1 SEC. _. CAP ON PENALTY WAGES.

2 (a) FOREIGN AND INTERCOASTALVOYAGES.-Sec-

3 tion 10313 (g) of title 46, United States Code, is amend-

4 ed-

5 (1) in paragraph (2)-

6 (A) by striking "all claims in a class action

7 suit by seamen" and inserting "each claim by .

8 a seaman"; and

9 (B) by striking "the seamen" and inserting

1 0 "the seaman"; and

11 (2) in paragraph (3), by striking "class action".

12 (b) COASTWISE VOYAGEs.-Section 10504(c) of such

13 title is amended-

14

15

16

17

18

19

f:WHLC\090811\090811.016.xml September 8, 2011 (9:49 a.m.)

(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 ,

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CONGRESS H .. R 2838 .. 1ST SESSION · .HR 2838 IH . 10 1 mandant a report on sexual harassment and sexual 2 violence involving cadets or other personnel at the 3 Academy for each

Documents