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114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-115
======================================================================
COAST GUARD AUTHORIZATION ACT OF 2015
_______
May 15, 2015.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 1987]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 1987) to authorize appropriations
for the Coast Guard for fiscal years 2016 and 2017, and for
other purposes, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
CONTENTS
Page
Purpose of Legislation........................................... 20
Background and Need for Legislation.............................. 21
Hearings......................................................... 23
Legislative History and Consideration............................ 23
Committee Votes.................................................. 24
Committee Oversight Findings..................................... 24
New Budget Authority and Tax Expenditures........................ 24
Congressional Budget Office Cost Estimate........................ 24
Performance Goals and Objectives................................. 27
Advisory of Earmarks............................................. 27
Duplication of Federal Programs.................................. 27
Disclosure of Directed Rule Makings.............................. 27
Federal Mandate Statement........................................ 28
Preemption Clarification......................................... 28
Advisory Committee Statement..................................... 28
Applicability of Legislative Branch.............................. 28
Section-by-Section Analysis of Legislation....................... 28
Changes in Existing Law Made by the Bill, as Reported............ 36
Committee Correspondence......................................... 118
Additional Views................................................. 125
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coast Guard Authorization Act of
2015''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--AUTHORIZATIONS
Sec. 101. Authorizations.
Sec. 102. Conforming amendments.
TITLE II--COAST GUARD
Sec. 201. Vice Commandant.
Sec. 202. Vice admirals.
Sec. 203. Coast Guard remission of indebtedness.
Sec. 204. Acquisition reform.
Sec. 205. Auxiliary jurisdiction.
Sec. 206. Long-term major acquisitions plan.
Sec. 207. Coast Guard communities.
Sec. 208. ``Polar Sea'' materiel condition assessment and service life
extension decision.
Sec. 209. Repeal.
Sec. 210. Technical corrections to title 14.
Sec. 211. Digital boat profile pilot program.
Sec. 212. Discontinuance of an aid to navigation.
Sec. 213. Mission performance measures.
Sec. 214. Communications.
Sec. 215. Coast Guard graduate maritime operations education.
TITLE III--SHIPPING AND NAVIGATION
Sec. 301. Treatment of fishing permits.
Sec. 302. Survival craft.
Sec. 303. Enforcement.
Sec. 304. Model years for recreational vessels.
Sec. 305. Merchant mariner credential expiration harmonization.
Sec. 306. Marine event safety zones.
Sec. 307. Technical corrections.
Sec. 308. Recommendations for improvements of marine casualty
reporting.
Sec. 309. Recreational vessel engine weights.
Sec. 310. Merchant mariner medical certification reform.
Sec. 311. Atlantic Coast port access route study.
Sec. 312. Certificates of documentation for recreational vessels.
Sec. 313. Program guidelines.
Sec. 314. Repeals.
TITLE IV--FEDERAL MARITIME COMMISSION
Sec. 401. Authorization of appropriations.
Sec. 402. Duties of the Chairman.
Sec. 403. Prohibition on awards.
TITLE V--MISCELLANEOUS
Sec. 501. Conveyance of Coast Guard property in Marin County,
California.
Sec. 502. Elimination of reports.
Sec. 503. Vessel documentation.
Sec. 504. Conveyance of Coast Guard property in Tok, Alaska.
Sec. 505. Safe vessel operation in the Great Lakes.
Sec. 506. Use of vessel sale proceeds.
Sec. 507. Fishing vessel and fish tender vessel certification.
Sec. 508. National Academy of Sciences cost comparison.
Sec. 509. Penalty wages.
Sec. 510. Recourse for noncitizens.
TITLE I--AUTHORIZATIONS
SEC. 101. AUTHORIZATIONS.
(a) In General.--Title 14, United States Code, is amended by adding
at the end the following:
``PART III--COAST GUARD AUTHORIZATIONS AND REPORTS TO CONGRESS
``Chap. Sec.
``27. Authorizations........................................ 2701
``29. Reports............................................... 2901.
``CHAPTER 27--AUTHORIZATIONS
``Sec.
``2702. Authorization of appropriations.
``2704. Authorized levels of military strength and training.
``Sec. 2702. Authorization of appropriations
``Funds are authorized to be appropriated for each of fiscal years
2016 and 2017 for necessary expenses of the Coast Guard as follows:
``(1) For the operation and maintenance of the Coast Guard,
not otherwise provided for--
``(A) $6,981,036,000 for fiscal year 2016; and
``(B) $6,981,036,000 for fiscal year 2017.
``(2) For the acquisition, construction, renovation, and
improvement of aids to navigation, shore facilities, vessels,
and aircraft, including equipment related thereto, and for
maintenance, rehabilitation, lease, and operation of facilities
and equipment--
``(A) $1,546,448,000 for fiscal year 2016; and
``(B) $1,546,448,000 for fiscal year 2017.
``(3) For the Coast Guard Reserve program, including
operations and maintenance of the program, personnel and
training costs, equipment, and services--
``(A) $140,016,000 for fiscal year 2016; and
``(B) $140,016,000 for fiscal year 2017.
``(4) For the environmental compliance and restoration
functions of the Coast Guard under chapter 19 of this title--
``(A) $16,701,000 for fiscal year 2016; and
``(B) $16,701,000 for fiscal year 2017.
``(5) To the Commandant of the Coast Guard for research,
development, test, and evaluation of technologies, materials,
and human factors directly related to improving the performance
of the Coast Guard's mission with respect to search and rescue,
aids to navigation, marine safety, marine environmental
protection, enforcement of laws and treaties, ice operations,
oceanographic research, and defense readiness, and for
maintenance, rehabilitation, lease, and operation of facilities
and equipment--
``(A) $19,890,000 for fiscal year 2016; and
``(B) $19,890,000 for fiscal year 2017.
``Sec. 2704. Authorized levels of military strength and training
``(a) Active Duty Strength.--The Coast Guard is authorized an end-of-
year strength for active duty personnel of 43,000 for each of fiscal
years 2016 and 2017.
``(b) Military Training Student Loads.--The Coast Guard is authorized
average military training student loads for each of fiscal years 2016
and 2017 as follows:
``(1) For recruit and special training, 2,500 student years.
``(2) For flight training, 165 student years.
``(3) For professional training in military and civilian
institutions, 350 student years.
``(4) For officer acquisition, 1,200 student years.
``CHAPTER 29--REPORTS
``Sec.
``2904. Manpower requirements plan.
``Sec. 2904. Manpower requirements plan
``(a) In General.--On the date on which the President submits to
Congress a budget for fiscal year 2017 under section 1105 of title 31,
on the date on which the President submits to Congress a budget for
fiscal year 2019 under such section, and every 4 years thereafter, the
Commandant 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 manpower
requirements plan.
``(b) Scope.--A manpower requirements plan submitted under subsection
(a) shall include for each mission of the Coast Guard--
``(1) an assessment of all projected mission requirements for
the upcoming fiscal year and for each of the 3 fiscal years
thereafter;
``(2) the number of active duty, reserve, and civilian
personnel assigned or available to fulfill such mission
requirements--
``(A) currently; and
``(B) as projected for the upcoming fiscal year and
each of the 3 fiscal years thereafter;
``(3) the number of active duty, reserve, and civilian
personnel required to fulfill such mission requirements--
``(A) currently; and
``(B) as projected for the upcoming fiscal year and
each of the 3 fiscal years thereafter;
``(4) an identification of any capability gaps between
mission requirements and mission performance caused by
deficiencies in the numbers of personnel available--
``(A) currently; and
``(B) as projected for the upcoming fiscal year and
each of the 3 fiscal years thereafter; and
``(5) an identification of the actions the Commandant will
take to address capability gaps identified under paragraph (4).
``(c) Consideration.--In composing a manpower requirements plan for
submission under subsection (a), the Commandant shall consider--
``(1) the marine safety strategy required under section 2116
of title 46;
``(2) information on the adequacy of the acquisition
workforce included in the most recent report under section 2903
of this title; and
``(3) any other Federal strategic planning effort the
Commandant considers appropriate.''.
(b) Requirement for Prior Authorization of Appropriations.--Section
662 of title 14, United States Code, is amended--
(1) by redesignating such section as section 2701;
(2) by transferring such section to appear before section
2702 of such title (as added by subsection (a) of this
section); and
(3) by striking paragraphs (1) through (5) and inserting the
following:
``(1) For the operation and maintenance of the Coast Guard,
not otherwise provided for.
``(2) For the acquisition, construction, renovation, and
improvement of aids to navigation, shore facilities, vessels,
and aircraft, including equipment related thereto, and for
maintenance, rehabilitation, lease, and operation of facilities
and equipment.
``(3) For the Coast Guard Reserve program, including
operations and maintenance of the program, personnel and
training costs, equipment, and services.
``(4) For the environmental compliance and restoration
functions of the Coast Guard under chapter 19 of this title.
``(5) For research, development, test, and evaluation of
technologies, materials, and human factors directly related to
improving the performance of the Coast Guard.
``(6) For alteration or removal of bridges over navigable
waters of the United States constituting obstructions to
navigation, and for personnel and administrative costs
associated with the Alteration of Bridges Program.''.
(c) Authorization of Personnel End Strengths.--Section 661 of title
14, United States Code, is amended--
(1) by redesignating such section as section 2703; and
(2) by transferring such section to appear before section
2704 of such title (as added by subsection (a) of this
section).
(d) Reports.--
(1) Transmission of annual coast guard authorization
request.--Section 662a of title 14, United States Code, is
amended--
(A) by redesignating such section as section 2901;
(B) by transferring such section to appear before
section 2904 of such title (as added by subsection (a)
of this section); and
(C) in subsection (b)--
(i) in paragraph (1) by striking ``described
in section 661'' and inserting ``described in
section 2703''; and
(ii) in paragraph (2) by striking ``described
in section 662'' and inserting ``described in
section 2701''.
(2) Capital investment plan.--Section 663 of title 14, United
States Code, is amended--
(A) by redesignating such section as section 2902;
and
(B) by transferring such section to appear after
section 2901 of such title (as so redesignated and
transferred by paragraph (1) of this subsection).
(3) Major acquisitions.--Section 569a of title 14, United
States Code, is amended--
(A) by redesignating such section as section 2903;
(B) by transferring such section to appear after
section 2902 of such title (as so redesignated and
transferred by paragraph (2) of this subsection); and
(C) in subsection (c)(2) by striking ``of this
subchapter''.
(e) Icebreaking on the Great Lakes.--For fiscal years 2016 and 2017,
the Commandant of the Coast Guard may use funds made available pursuant
to section 2702(2) of title 14, United States Code (as added by
subsection (a) of this section) for the selection of a design for and
the construction of an icebreaker that is capable of buoy tending to
enhance icebreaking capacity on the Great Lakes.
(f) Additional Submissions.--The Commandant of the Coast Guard shall
submit to the Committee on Homeland Security of the House of
Representatives--
(1) each plan required under section 2904 of title 14, United
States Code, as added by subsection (a) of this section;
(2) each plan required under section 2903(e) of title 14,
United States Code, as added by section 206 of this Act;
(3) each plan required under section 2902 of title 14, United
States Code, as redesignated by subsection (d) of this section;
and
(4) each mission need statement required under section 569 of
title 14, United States Code.
SEC. 102. CONFORMING AMENDMENTS.
(a) Analysis for Title 14.--The analysis for title 14, United States
Code, is amended by adding after the item relating to part II the
following:
``III. Coast Guard Authorizations and Reports to Congress... 2701''.
(b) Analysis for Chapter 15.--The analysis for chapter 15 of title
14, United States Code, is amended by striking the item relating to
section 569a.
(c) Analysis for Chapter 17.--The analysis for chapter 17 of title
14, United States Code, is amended by striking the items relating to
sections 661, 662, 662a, and 663.
(d) Analysis for Chapter 27.--The analysis for chapter 27 of title
14, United States Code, as added by section 101(a) of this Act, is
amended by inserting--
(1) before the item relating to section 2702 the following:
``2701. Requirement for prior authorization of appropriations.'';
and
(2) before the item relating to section 2704 the following:
``2703. Authorization of personnel end strengths.''.
(e) Analysis for Chapter 29.--The analysis for chapter 29 of title
14, United States Code, as added by section 101(a) of this Act, is
amended by inserting before the item relating to section 2904 the
following:
``2901. Transmission of annual Coast Guard authorization request.
``2902. Capital investment plan.
``2903. Major acquisitions.''.
(f) Mission Need Statement.--Section 569(b) of title 14, United
States Code, is amended--
(1) in paragraph (2) by striking ``in section 569a(e)'' and
inserting ``in section 2903''; and
(2) in paragraph (3) by striking ``under section 663(a)(1)''
and inserting ``under section 2902(a)(1)''.
TITLE II--COAST GUARD
SEC. 201. VICE COMMANDANT.
(a) Grades and Ratings.--Section 41 of title 14, United States Code,
is amended by striking ``an admiral,'' and inserting ``admirals
(two);''.
(b) Vice Commandant; Appointment.--Section 47 of title 14, United
States Code, is amended by striking ``vice admiral'' and inserting
``admiral''.
(c) Conforming Amendment.--Section 51 of title 14, United States
Code, is amended--
(1) in subsection (a) by inserting ``admiral or'' before
``vice admiral,'';
(2) in subsection (b) by inserting ``admiral or'' before
``vice admiral,'' each place it appears; and
(3) in subsection (c) by inserting ``admiral or'' before
``vice admiral,''.
(d) Application.--Notwithstanding any other provision of law, the
officer who, on the date of the enactment of this Act, is serving as
Vice Commandant of the Coast Guard--
(1) shall have the grade of admiral, with the pay and
allowances of that grade; and
(2) shall not be required to be reappointed by reason of the
enactment of this Act, including the amendments made by this
Act.
SEC. 202. VICE ADMIRALS.
Section 50 of title 14, United States Code, is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the
following:
``(1) The President may--
``(A) designate, within the Coast Guard, no more than 5
positions of importance and responsibility that shall be held
by officers who, while so serving, shall have the grade of vice
admiral, with the pay and allowances of that grade, and shall
perform such duties as the Commandant may prescribe (if the
President designates 5 such positions, 1 position shall be a
Chief of Staff); and
``(B) designate, within the executive branch, other than
within the Coast Guard, positions of importance and
responsibility that shall be held by officers who, while so
serving, shall have the grade of vice admiral, with the pay and
allowances of that grade.''; and
(B) in paragraph (3)(A) by striking ``under paragraph
(1)'' and inserting ``under paragraph (1)(A)''; and
(2) in subsection (b)(2)--
(A) in subparagraph (B) by striking ``and'' at the
end;
(B) by redesignating subparagraph (C) as subparagraph
(D); and
(C) by inserting after subparagraph (B) the
following:
``(C) at the discretion of the Secretary, while awaiting
orders after being relieved from the position, beginning on the
day the officer is relieved from the position, but not for more
than 60 days; and''.
SEC. 203. COAST GUARD REMISSION OF INDEBTEDNESS.
(a) In General.--Section 461 of title 14, United States Code, is
amended to read as follows:
``Sec. 461. Remission of indebtedness
``The Secretary may have remitted or cancelled any part of a person's
indebtedness to the United States or any instrumentality of the United
States if--
``(1) the indebtedness was incurred while the person served
on active duty as a member of the Coast Guard; and
``(2) the Secretary determines that remitting or cancelling
the indebtedness is in the best interest of the United
States.''.
(b) Clerical Amendment.--The analysis for chapter 13 of title 14,
United States Code, is amended by striking the item relating to section
461 and inserting the following:
``461. Remission of indebtedness.''.
SEC. 204. ACQUISITION REFORM.
(a) Minimum Performance Standards.--Section 572(d)(3) of title 14,
United States Code, is amended--
(1) by redesignating subparagraphs (C) through (H) as
subparagraphs (E) through (J), respectively;
(2) by redesignating subparagraph (B) as subparagraph (C);
(3) by inserting after subparagraph (A) the following:
``(B) the performance data to be used to determine
whether the key performance parameters have been
resolved;''; and
(4) by inserting after subparagraph (C), as redesignated by
paragraph (2) of this subsection, the following:
``(D) the results during test and evaluation that
will be required to demonstrate that a capability,
asset, or subsystem meets performance requirements;''.
(b) Capital Investment Plan.--Section 2902(a)(1) of title 14, United
States Code, as redesignated and otherwise amended by this Act, is
further amended--
(1) in subparagraph (B) by striking ``completion;'' and
inserting ``completion based on the proposed appropriations
included in the budget;''; and
(2) in subparagraph (D) by striking ``at the projected
funding levels;'' and inserting ``based on the proposed
appropriations included in the budget;''.
(c) Days Away From Homeport.--Not later than 1 year after the date of
the enactment of this Act, the Commandant of the Coast Guard shall--
(1) implement a standard for tracking operational days at sea
for Coast Guard cutters that does not include days during which
such cutters are undergoing maintenance or repair; and
(2) notify the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate of the standard
implemented under paragraph (1).
(d) Fixed Wing Aircraft Fleet Mix Analysis.--Not later than September
30, 2015, 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 revised fleet mix analysis of Coast
Guard fixed wing aircraft.
SEC. 205. AUXILIARY JURISDICTION.
(a) In General.--Section 822 of title 14, United States Code, is
amended--
(1) by striking ``The purpose'' and inserting the following:
``(a) In General.--The purpose''; and
(2) by adding at the end the following:
``(b) Limitation.--The Auxiliary may conduct a patrol of a waterway,
or a portion thereof, only if--
``(1) the Commandant has determined such waterway, or portion
thereof, is navigable for purposes of the jurisdiction of the
Coast Guard; or
``(2) a State or other proper authority has requested such
patrol pursuant to section 141 of this title or section 13109
of title 46.''.
(b) Notification.--The Commandant of the Coast Guard shall--
(1) review the waterways patrolled by the Coast Guard
Auxiliary in the most recently completed fiscal year to
determine whether such waterways are eligible or ineligible for
patrol under section 822(b) of title 14, United States Code (as
added by subsection (a)); and
(2) not later than 180 days after the date of the enactment
of this Act, 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 written notification of--
(A) any waterways determined ineligible for patrol
under paragraph (1); and
(B) the actions taken by the Commandant to ensure
Auxiliary patrols do not occur on such waterways.
SEC. 206. LONG-TERM MAJOR ACQUISITIONS PLAN.
Section 2903 of title 14, United States Code, as redesignated and
otherwise amended by this Act, is further amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Long-Term Major Acquisitions Plan.--Each report under
subsection (a) shall include a plan that describes for the upcoming
fiscal year, and for each of the 20 fiscal years thereafter--
``(1) the numbers and types of cutters and aircraft to be
decommissioned;
``(2) the numbers and types of cutters and aircraft to be
acquired to--
``(A) replace the cutters and aircraft identified
under paragraph (1); or
``(B) address an identified capability gap; and
``(3) the estimated level of funding in each fiscal year
required to--
``(A) acquire the cutters and aircraft identified
under paragraph (2);
``(B) acquire related command, control,
communications, computer, intelligence, surveillance,
and reconnaissance systems; and
``(C) acquire, construct, or renovate shoreside
infrastructure.''.
SEC. 207. COAST GUARD COMMUNITIES.
Section 409 of the Coast Guard Authorization Act of 1998 (14 U.S.C.
639 note) is amended by striking the second sentence and inserting the
following: ``The Commandant may recognize any other community in a
similar manner if the Commandant determines that such community has
demonstrated enduring support of the Coast Guard, Coast Guard
personnel, and the dependents of Coast Guard personnel.''.
SEC. 208. ``POLAR SEA'' MATERIEL CONDITION ASSESSMENT AND SERVICE LIFE
EXTENSION DECISION.
Section 222 of the Coast Guard and Maritime Transportation Act of
2012 (Public Law 112-213; 126 Stat. 1560) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--Not later than 270 days after the date of the
enactment of the Coast Guard Authorization Act of 2015, the Secretary
of the department in which the Coast Guard is operating shall--
``(1) complete a materiel condition assessment with respect
to the Polar Sea;
``(2) make a determination of whether it is cost effective to
reactivate the Polar Sea compared with other options to provide
icebreaking services as part of a strategy to maintain polar
icebreaking services; and
``(3) 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) the assessment required under paragraph (1);
and
``(B) written notification of the determination
required under paragraph (2).'';
(2) in subsection (b) by striking ``analysis'' and inserting
``written notification'';
(3) by striking subsection (c);
(4) by redesignating subsections (d) through (h) as
subsections (c) through (g), respectively;
(5) in subsection (c) (as redesignated by paragraph (4) of
this section)--
(A) in paragraph (1)--
(i) in subparagraph (A) by striking ``based
on the analysis required''; and
(ii) in subparagraph (C) by striking
``analysis'' and inserting ``written
notification'';
(B) by amending paragraph (2) to read as follows:
``(2) Decommissioning.--If the Secretary makes a
determination under subsection (a) that it is not cost
effective to reactivate the Polar Sea, then, not later than 180
days after written notification of that determination is
submitted under that subsection, the Commandant of the Coast
Guard may decommission the Polar Sea.''; and
(C) by amending paragraph (3) to read as follows:
``(3) Result of no determination.--If the Secretary does not
make a determination under subsection (a) regarding whether it
is cost effective to reactivate the Polar Sea, then the
Commandant of the Coast Guard may decommission the Polar
Sea.'';
(6) in subsection (d)(1) (as redesignated by paragraph (4) of
this section) by striking ``analysis'' and inserting ``written
notification''; and
(7) in subsection (e) (as redesignated by paragraph (4) of
this section) by striking ``in subsection (d)'' and inserting
``in subsection (c)''.
SEC. 209. REPEAL.
Section 225(b)(2) of the Howard Coble Coast Guard and Maritime
Transportation Act of 2014 (Public Law 113-281; 128 Stat. 3039) is
repealed.
SEC. 210. TECHNICAL CORRECTIONS TO TITLE 14.
Title 14, United States Code, as amended by this Act, is further
amended--
(1) in the analysis for part I by striking the item relating
to chapter 19 and inserting the following:
``19. Environmental Compliance and Restoration Program...... 690'';
(2) in section 46(a) by striking ``subsection'' and inserting
``section'';
(3) in section 47 in the section heading by striking
``commandant'' and inserting ``Commandant'';
(4) in section 93(f) by striking paragraph (2) and inserting
the following:
``(2) Limitation.--The Commandant may lease submerged lands
and tidelands under paragraph (1) only if--
``(A) the lease is for cash exclusively;
``(B) the lease amount is equal to the fair market
value of the use of the leased submerged lands or
tidelands for the period during which such lands are
leased, as determined by the Commandant;
``(C) the lease does not provide authority to or
commit the Coast Guard to use or support any
improvements to such submerged lands and tidelands, or
obtain goods and services from the lessee; and
``(D) proceeds from the lease are deposited in the
Coast Guard Housing Fund established under section
687.'';
(5) in the analysis for chapter 9 by striking the item
relating to section 199 and inserting the following:
``199. Marine safety curriculum.'';
(6) in section 427(b)(2) by striking ``this chapter'' and
inserting ``chapter 61 of title 10'';
(7) in the analysis for chapter 15 before the item relating
to section 571 by striking the following:
``Sec.'';
(8) in section 573(c)(3)(A) by inserting ``and shall maintain
such cutter in class'' before the period at the end;
(9) in section 581(5)(B) by striking ``$300,000,0000,'' and
inserting ``$300,000,000,'';
(10) in section 637(c)(3) in the matter preceding
subparagraph (A) by inserting ``it is'' before ``any'';
(11) in section 641(d)(3) by striking ``Guard, installation''
and inserting ``Guard installation'';
(12) in section 691(c)(3) by striking ``state'' and inserting
``State'';
(13) in the analysis for chapter 21--
(A) by striking the item relating to section 709 and
inserting the following:
``709. Reserve student aviation pilots; Reserve aviation pilots;
appointments in commissioned grade.'';
and
(B) by striking the item relating to section 740 and
inserting the following:
``740. Failure of selection and removal from an active status.'';
(14) in section 742(c) by striking ``subsection'' and
inserting ``subsections'';
(15) in section 821(b)(1) by striking ``Chapter 26'' and
inserting ``Chapter 171''; and
(16) in section 823a(b)(1), by striking ``Chapter 26'' and
inserting ``Chapter 171''.
SEC. 211. DIGITAL BOAT PROFILE PILOT PROGRAM.
(a) In General.--If, during the 1-year period beginning on the date
of the enactment of this Act, the Secretary of the department in which
the Coast Guard is operating determines that there are at least 2
digital boat profile technologies that are commercially available, the
Secretary shall establish a pilot program, in accordance with this
section, under which digital boat profiles are utilized for--
(1) not less than 2 National Security Cutters;
(2) not less than 4 Fast Response Cutters; and
(3) not less than 4 Medium Endurance Cutters (270 foot).
(b) Timing.--With respect to the National Security Cutters and Fast
Response Cutters participating in the pilot program, a digital boat
profile shall be established prior to the commissioning of the cutters.
(c) Report.--Not later than 1 year after the establishment of the
pilot program, and annually thereafter for the succeeding 4 years, the
Secretary of the department in which the Coast Guard is operating 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 describing--
(1) the implementation of the pilot program; and
(2) the results of the use of digital boat profiles under the
pilot program with respect to--
(A) efficient maintenance of the cutters involved;
and
(B) the post-delivery warranty management of
equipment items, the repair and replacement of which
are contractually obligated.
(d) Digital Boat Profile Defined.--In this section, the term
``digital boat profile'' means a commercially available off-the-shelf
technology that creates an electronic data source with respect to a
vessel that--
(1) provides lifecycle management support, including through
the incorporation of systems manuals, schematics, and vessel
documentation;
(2) incorporates all manufacturer recommendations and
operator best practices;
(3) incorporates the use of real-time analytics of deferred
tasks, future tasks, readiness assessments, and budgetary
planners;
(4) provides advance electronic notification of upcoming
maintenance and inspections to multi-level permission-based
recipients on a daily, weekly, or monthly basis;
(5) facilitates oversight for pre-delivery discrepancy
reporting and post-delivery warranty management of equipment
items, the repair and replacement of which are contractually
obligated; and
(6) is accessible by computing devices.
SEC. 212. DISCONTINUANCE OF AN AID TO NAVIGATION.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the department in which the
Coast Guard is operating shall establish a process for the
discontinuance of an aid to navigation established, maintained, or
operated by the Coast Guard.
(b) Requirement.--The process established under subsection (a) shall
include procedures to notify the public of any discontinuance of an aid
to navigation described in that subsection.
(c) Consultation.--In establishing a process under subsection (a),
the Secretary shall consult with and consider any recommendations of
the Navigation Safety Advisory Council.
(d) Notification.--Not later than 30 days after establishing a
process under subsection (a), the Secretary shall notify the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate of the process established.
SEC. 213. MISSION PERFORMANCE MEASURES.
Not later than 1 year after the date of the enactment of this Act,
the Comptroller General of the United States shall submit to the
Committee on Transportation and Infrastructure and the Committee on
Homeland Security of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate an assessment of
the efficacy of the Coast Guard's Standard Operational Planning Process
with respect to annual mission performance measures.
SEC. 214. COMMUNICATIONS.
(a) In General.--The Secretary of the department in which the Coast
Guard is operating shall establish and carry out a response
capabilities pilot program to assess, at not fewer than 2 Coast Guard
command centers, the effectiveness of a radio gateway that--
(1) provides for--
(A) multiagency collaboration and interoperability;
and
(B) wide-area, secure, and peer-invitation-and-
acceptance-based multimedia communications;
(2) is certified by the Department of Defense Joint
Interoperability Test Center; and
(3) is composed of commercially available, off-the-shelf
technology.
(b) Assessment.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for the succeeding 4
years, the Secretary 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 an assessment of
the pilot program, including the impacts of the program with respect to
interagency and Coast Guard response capabilities.
SEC. 215. COAST GUARD GRADUATE MARITIME OPERATIONS EDUCATION.
Not later than 1 year after the date of the enactment of this Act,
the Secretary of the department in which the Coast Guard is operating
shall establish an education program, for members and employees of the
Coast Guard, that--
(1) offers a master's degree in maritime operations;
(2) is relevant to the professional development of such
members and employees;
(3) provides resident and distant education options,
including the ability to utilize both options; and
(4) to the greatest extent practicable, is conducted using
existing academic programs at an accredited public academic
institution that--
(A) is located near a significant number of Coast
Guard, maritime, and other Department of Homeland
Security law enforcement personnel; and
(B) has an ability to simulate operations normally
conducted at a command center.
TITLE III--SHIPPING AND NAVIGATION
SEC. 301. TREATMENT OF 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:
``Sec. 31310. Treatment of fishing permits
``(a) Limitation on Maritime Liens.--This chapter--
``(1) does not establish a maritime lien on a fishing permit;
and
``(2) does not authorize any civil action to enforce a
maritime lien on a fishing permit.
``(b) Treatment of Fishing Permits Under State and Federal Law.--A
fishing permit--
``(1) is governed solely by the State or Federal law under
which it is issued; and
``(2) shall not be treated as part of a vessel, or as an
appurtenance or intangible of a vessel, for any purpose under
Federal law.
``(c) Authority of Secretary of Commerce Not Affected.--Nothing in
this section shall be construed as imposing any limitation upon the
authority of the Secretary of Commerce--
``(1) to modify, suspend, revoke, or impose a sanction on any
fishing permit issued by the Secretary of Commerce; or
``(2) to bring a civil action to enforce such a modification,
suspension, revocation, or sanction.
``(d) Fishing Permit Defined.--In this section the term `fishing
permit' means any authorization of a person or vessel to engage in
fishing that is issued under State or Federal law.''.
(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. Treatment of fishing permits.''.
SEC. 302. SURVIVAL CRAFT.
(a) In General.--Section 3104 of title 46, United States Code, is
amended to read as follows:
``Sec. 3104. Survival craft
``(a) Requirement To Equip.--The Secretary shall require that a
passenger vessel be equipped with survival craft that ensures that no
part of an individual is immersed in water, if--
``(1) such vessel is built or undergoes a major conversion
after January 1, 2016; and
``(2) operates in cold waters as determined by the Secretary.
``(b) Higher Standard of Safety.--The Secretary may revise part 117
or part 180 of title 46, Code of Federal Regulations, as in effect
before January 1, 2016, if such revision provides a higher standard of
safety than is provided by the regulations in effect on or before the
date of the enactment of the Coast Guard Authorization Act of 2015.
``(c) Innovative and Novel Designs.--The Secretary may, in lieu of
the requirements set out in part 117 or part 180 of title 46, Code of
Federal Regulations, as in effect on the date of the enactment of the
Coast Guard Authorization Act of 2015, allow a passenger vessel to be
equipped with a life saving appliance or arrangement of an innovative
or novel design that--
``(1) ensures no part of an individual is immersed in water;
and
``(2) provides an equal or higher standard of safety than is
provided by such requirements as in effect before such date of
the enactment.
``(d) Built Defined.--In this section, the term `built' has the
meaning that term has under section 4503(e).''.
(b) Review; Revision of Regulations.--
(1) Review.--Not later than December 31, 2015, the Secretary
of the department in which the Coast Guard is operating 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 review of--
(A) the number of casualties for individuals with
disabilities, children, and the elderly as a result of
immersion in water, reported to the Coast Guard over
the preceding 30-year period, by vessel type and area
of operation;
(B) the risks to individuals with disabilities,
children, and the elderly as a result of immersion in
water, by passenger vessel type and area of operation;
(C) the effect that carriage of survival craft that
ensure that no part of an individual is immersed in
water has on--
(i) passenger vessel safety, including
stability and safe navigation;
(ii) improving the survivability of
individuals, including individuals with
disabilities, children, and the elderly; and
(iii) the costs, the incremental cost
difference to vessel operators, and the cost
effectiveness of requiring the carriage of such
survival craft to address the risks to
individuals with disabilities, children, and
the elderly;
(D) the efficacy of alternative safety systems,
devices, or measures in improving survivability of
individuals with disabilities, children, and the
elderly; and
(E) the number of small businesses and nonprofit
vessel operators that would be affected by requiring
the carriage of such survival craft on passenger
vessels to address the risks to individuals with
disabilities, children, and the elderly.
(2) Revision.--Based on the review conducted under paragraph
(1), the Secretary may revise regulations concerning the
carriage of survival craft pursuant to section 3104(c) of title
46, United States Code.
SEC. 303. ENFORCEMENT.
(a) In General.--Section 55305(d) of title 46, United States Code, is
amended--
(1) by amending paragraph (1) to read as follows:
``(1) Each department or agency that has responsibility for a
program under this section shall administer that program
consistent with this section and any regulations and guidance
issued by the Secretary of Transportation concerning this
section.'';
(2) by redesignating paragraph (2) as paragraph (3), and by
inserting after paragraph (1) the following:
``(2)(A) The Secretary, after consulting with the department,
agency, organization, or person involved, shall have exclusive
authority for determining the applicability of this section to
a program of a Federal department or agency, after consulting
with the department, agency, organization, or person involved.
``(B) The head of a Federal department or agency shall
request the Secretary to determine the applicability of this
section to a program of such department or agency if the
department or agency is uncertain of such applicability. Not
later than 30 days after receiving such a request, the
Secretary shall make such determination.
``(C) Subparagraph (B) shall not be construed to limit the
authority of the Secretary to make a determination regarding
the applicability of this section to a program administered by
a Federal department or agency.
``(D) A determination made by the Secretary under this
paragraph regarding a program shall remain in effect until the
Secretary determines that this section no longer applies to
such program.'';
(3) in paragraph (3), as so redesignated, by amending
subparagraph (A) to read as follows:
``(A) shall conduct an annual review of the
administration of programs subject to the requirements
of this section to determine compliance with the
requirements of this section;''; and
(4) by adding at the end the following:
``(4) On the date on which the President submits to Congress
a budget pursuant to section 1105 of title 31, the Secretary
shall make available on the Internet website of the Department
of Transportation a report that--
``(A) lists the programs that were subject to
determinations made by the Secretary under paragraph
(2) in the preceding year; and
``(B) describes the results of the most recent annual
review required by paragraph (3)(A), including
identification of the departments and agencies that
transported cargo in violation of this section and any
action the Secretary took under paragraph (3) with
respect to each violation.''.
(b) Deadline for First Review.--The Secretary of Transportation shall
complete the first review required under the amendment made by
subsection (a)(1)(C) by not later than December 31, 2015.
(c) Conforming Amendment.--Section 3511(c) of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (46 U.S.C.
55305 note) is repealed.
SEC. 304. MODEL YEARS FOR RECREATIONAL VESSELS.
(a) In General.--Section 4302 of title 46, United States Code is
amended by adding at the end the following:
``(e)(1) If in prescribing regulations under this section the
Secretary establishes a model year for recreational vessels and
associated equipment, such model year shall, except as provided in
paragraph (2)--
``(A) begin on June 1 of a year and end on July 31 of the
following year; and
``(B) be designated by the year in which it ends.
``(2) Upon the request of a recreational vessel manufacturer to which
this chapter applies, the Secretary may alter a model year for a model
of recreational vessel of the manufacturer and associated equipment, by
no more than 6 months from the model year described in paragraph
(1).''.
(b) Application.--This section shall only apply with respect to
recreational vessels and associated equipment constructed or
manufactured, respectively, on or after June 1, 2015.
(c) Guidance.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of the department in which the Coast Guard
is operating shall publish guidance to implement section 4302(d)(2) of
title 46, United States Code.
SEC. 305. MERCHANT MARINER CREDENTIAL EXPIRATION HARMONIZATION.
(a) In General.--Except as provided in subsection (c) and not later
than 1 year after the date of the enactment of this Act, the Secretary
of the department in which the Coast Guard is operating shall establish
a process to harmonize the expiration dates of merchant mariner
credentials, mariner medical certificates, and radar observer
endorsements for individuals applying to the Secretary for a new
merchant mariner credential or for renewal of an existing merchant
mariner credential.
(b) Requirements.--The Secretary shall ensure that the process
established under subsection (a)--
(1) does not require an individual to renew a merchant
mariner credential earlier than the date on which the
individual's current credential expires; and
(2) results in harmonization of expiration dates for merchant
mariner credentials, mariner medical certificates, and radar
observer endorsements for all individuals by not later than 6
years after the date of the enactment of this Act.
(c) Exception.--The process established under subsection (a) does not
apply to individuals--
(1) holding a merchant mariner credential with--
(A) an active Standards of Training, Certification,
and Watchkeeping endorsement; or
(B) Federal first-class pilot endorsement; or
(2) who have been issued a time-restricted medical
certificate.
SEC. 306. MARINE EVENT SAFETY ZONES.
Section 6 of the Ports and Waterways Safety Act (33 U.S.C. 1225) is
amended by adding at the end the following:
``(c) Marine Event Safety Zones.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary shall recover all costs the Coast Guard incurs to
enforce a safety zone under this section if such safety zone is
established for a marine event conducted under a permit or
other authorization by the Coast Guard.
``(2) Exception.--The Secretary may not recover costs under
paragraph (1) from a State or local government.
``(3) Treatment of recovered costs.--Costs recovered by the
Secretary under this subsection shall be credited to the
appropriation for operating expenses of the Coast Guard.
``(4) Marine event defined.--In this section the term `marine
event' means a planned activity of limited duration that by its
nature, circumstances, or location, will introduce extra or
unusual hazards to the safety of life on the navigable waters
of the United States.''.
SEC. 307. TECHNICAL CORRECTIONS.
(a) Title 46.--Title 46, United States Code, is amended--
(1) in section 103, by striking ``(33 U.S.C. 151).'' and
inserting ``(33 U.S.C. 151(b)).'';
(2) in section 2118--
(A) in subsection (a), in the matter preceding
paragraph (1), by striking ``title,'' and inserting
``subtitle,''; and
(B) in subsection (b), by striking ``title'' and
inserting ``subtitle'';
(3) in the analysis for chapter 35--
(A) by adding a period at the end of the item
relating to section 3507; and
(B) by adding a period at the end of the item
relating to section 3508;
(4) in section 3715(a)(2), by striking ``; and'' and
inserting a semicolon;
(5) in section 8103(b)(1)(A)(iii), by striking ``Academy.''
and inserting ``Academy; and''; and
(6) in section 11113(c)(1)(A)(i), by striking ``under this
Act''.
(b) General Bridge Statutes.--
(1) Act of march 3, 1899.--The Act of March 3, 1899,
popularly known as the Rivers and Harbors Appropriations Act of
1899, is amended--
(A) in section 9 (33 U.S.C. 401), by striking
``Secretary of Transportation'' each place it appears
and inserting ``Secretary of the department in which
the Coast Guard is operating''; and
(B) in section 18 (33 U.S.C. 502), by striking
``Secretary of Transportation'' each place it appears
and inserting ``Secretary of the department in which
the Coast Guard is operating''.
(2) Act of march 23, 1906.--The Act of March 23, 1906,
popularly known as the Bridge Act of 1906, is amended--
(A) in the first section (33 U.S.C. 491), by striking
``Secretary of Transportation'' and inserting
``Secretary of the department in which the Coast Guard
is operating'';
(B) in section 4 (33 U.S.C. 494), by striking
``Secretary of Homeland Security'' each place it
appears and inserting ``Secretary of the department in
which the Coast Guard is operating''; and
(C) in section 5 (33 U.S.C. 495), by striking
``Secretary of Transportation'' each place it appears
and inserting ``Secretary of the department in which
the Coast Guard is operating''.
(3) Act of august 18, 1894.--Section 5 of the Act entitled
``An Act making appropriations for the construction, repair,
and preservation of certain public works on rivers and harbors,
and for other purposes'', approved August 18, 1894 (33 U.S.C.
499) is amended by striking ``Secretary of Transportation''
each place it appears and inserting ``Secretary of the
department in which the Coast Guard is operating''.
(4) Act of june 21, 1940.--The Act of June 21, 1940,
popularly known as the Truman-Hobbs Act, is amended--
(A) in the first section (33 U.S.C. 511), by striking
``Secretary of Transportation'' and inserting
``Secretary of the department in which the Coast Guard
is operating'';
(B) in section 4 (33 U.S.C. 514), by striking
``Secretary of Transportation'' and inserting
``Secretary of the department in which the Coast Guard
is operating'';
(C) in section 7 (33 U.S.C. 517), by striking
``Secretary of Transportation'' each place it appears
and inserting ``Secretary of the department in which
the Coast Guard is operating''; and
(D) in section 13 (33 U.S.C. 523), by striking
``Secretary of Transportation'' and inserting
``Secretary of the department in which the Coast Guard
is operating''.
(5) General bridge act of 1946.--The General Bridge Act of
1946 is amended--
(A) in section 502(b) (33 U.S.C. 525(b)), by striking
``Secretary of Transportation'' and inserting
``Secretary of the department in which the Coast Guard
is operating''; and
(B) in section 510 (33 U.S.C. 533), by striking
``Secretary of Transportation'' each place it appears
and inserting ``Secretary of the department in which
the Coast Guard is operating''.
(6) International bridge act of 1972.--The International
Bridge Act of 1972 is amended--
(A) in section 5 (33 U.S.C. 535c), by striking
``Secretary of Transportation'' and inserting
``Secretary of the department in which the Coast Guard
is operating''; and
(B) in section 8 (33 U.S.C. 535e), by striking
``Secretary of Transportation'' each place it appears
and inserting ``Secretary of the department in which
the Coast Guard is operating''.
SEC. 308. RECOMMENDATIONS FOR IMPROVEMENTS OF MARINE CASUALTY
REPORTING.
Not later than 180 days after the date of the enactment of this Act,
the Commandant of the Coast Guard shall notify the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate of
the actions the Commandant will take to implement recommendations on
improvements to the Coast Guard's marine casualty reporting
requirements and procedures included in--
(1) the Department of Homeland Security Office of Inspector
General report entitled ``Marine Accident Reporting,
Investigations, and Enforcement in the United States Coast
Guard'', released on May 23, 2013; and
(2) the Towing Safety Advisory Committee report entitled
``Recommendations for Improvement of Marine Casualty
Reporting'', released on March 26, 2015.
SEC. 309. RECREATIONAL VESSEL ENGINE WEIGHTS.
Not later than 180 days after the date of the enactment of this Act,
the Secretary of the department in which the Coast Guard is operating
shall issue regulations amending Table 4 to Subpart H of Part 183-
Weights (Pounds) of Outboard Motor and Related Equipment for Various
Boat Horsepower Ratings (33 C.F.R. 183) as appropriate to reflect
``Standard 30-Outboard Engine and Related Equipment Weights'' published
by the American Boat and Yacht Council, as in effect on the date of the
enactment of this Act.
SEC. 310. MERCHANT MARINER MEDICAL CERTIFICATION REFORM.
(a) In General.--Chapter 75 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 7509. Medical certification by trusted agents
``(a) In General.--Notwithstanding any other provision of law and
pursuant to regulations prescribed by the Secretary, a trusted agent
may issue a medical certificate to an individual who--
``(1) must hold such certificate to qualify for a license,
certificate of registry, or merchant mariner's document, or
endorsement thereto under this part; and
``(2) is qualified as to sight, hearing, and physical
condition to perform the duties of such license, certificate,
document, or endorsement, as determined by the trusted agent.
``(b) Trusted Agent Defined.--In this section the term `trusted
agent' means a medical practitioner certified by the Secretary to
perform physical examinations of an individual for purposes of a
license, certificate of registry, or merchant mariner's document under
this part.''.
(b) Deadline.--Not later than 3 years after the date of the enactment
of this Act, the Secretary of the department in which the Coast Guard
is operating shall issue a final rule implementing section 7509 of
title 46, United States Code, as added by this section.
(c) Clerical Amendment.--The analysis for such chapter is amended by
adding at the end the following:
``7509. Medical certification by trusted agents.''.
SEC. 311. ATLANTIC COAST PORT ACCESS ROUTE STUDY.
Not later than April 1, 2016, the Commandant of the Coast Guard shall
conclude the Atlantic Coast Port Access Route Study and submit the
results of such study to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
SEC. 312. CERTIFICATES OF DOCUMENTATION FOR RECREATIONAL VESSELS.
Not later than 180 days after the date of the enactment of this Act,
the Secretary of the Department in which the Coast Guard is operating
shall issue regulations that--
(1) make certificates of documentation for recreational
vessels effective for 5 years; and
(2) require the owner of such a vessel--
(A) to notify the Coast Guard of each change in the
information on which the issuance of the certificate of
documentation is based, that occurs before the
expiration of the certificate; and
(B) apply for a new certificates of documentation for
such a vessel if there is any such change.
SEC. 313. PROGRAM GUIDELINES.
Not later than 180 days after the date of the enactment this Act, the
Secretary of Transportation shall--
(1) develop guidelines to implement the program authorized
under section 304(a) of the Coast Guard and Maritime
Transportation Act of 2006 (Public Law 109-241), including
specific actions to ensure the future availability of able and
credentialed United States licensed and unlicensed seafarers
including--
(A) incentives to encourage partnership agreements
with operators of foreign-flag vessels that carry
liquified natural gas, that provide no less than one
training billet per vessel for United States merchant
mariners in order to meet minimum mandatory sea service
requirements;
(B) development of appropriate training curricula for
use by public and private maritime training
institutions to meet all United States merchant mariner
license, certification, and document laws and
requirements under the International Convention on
Standards of Training, Certification and Watchkeeping
for Seafarers, 1978; and
(C) steps to promote greater outreach and awareness
of additional job opportunities for sea service
veterans of the United States Armed Forces; and
(2) submit such guidelines to the Committee Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
SEC. 314. REPEALS.
(a) Repeals, Merchant Marine Act, 1936.--Sections 601 through 606,
608 through 611, 613 through 616, 802, and 809 of the Merchant Marine
Act, 1936 (46 U.S.C. 53101 note) are repealed.
(b) Conforming Amendments.--Chapter 575 of title 46, United States
Code, is amended--
(1) in section 57501, by striking ``titles V and VI'' and
inserting ``title V'' ; and
(2) in section 57531(a), by striking ``titles V and VI'' and
inserting ``title V''.
(c) Transfer From Merchant Marine Act, 1936.--
(1) In general.--Section 801 of the Merchant Marine Act, 1936
(46 U.S.C. 53101 note) is--
(A) redesignated as section 57522 of title 46, United
States Code, and transferred to appear after section
57521 of such title; and
(B) as so redesignated and transferred, is amended--
(i) by striking so much as precedes the first
sentence and inserting the following:
``Sec. 57522. Books and records, balance sheets, and inspection and
auditing'';
(ii) by striking ``the provision of title VI
or VII of this Act'' and inserting ``this
chapter'';
(iii) by striking ``That the provisions'' and
all that follows through ``Commission; (2)'' ;
and
(iv) by redesignating clauses (3) and (4) as
clauses (2) and (3), respectively.
(2) Clerical amendment.--The analysis for chapter 575, of
title 46, United States Code, is amended by inserting after the
item relating to section 57521 the following:
``57522. Books and records, balance sheets, and inspection and
auditing.''.
(d) Repeals, Title 46, U.S.C..--Section 8103 of title 46, United
States Code, is amended in subsections (c) and (d) by striking ``or
operating'' each place it appears.
TITLE IV--FEDERAL MARITIME COMMISSION
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Chapter 3 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 308. Authorization of appropriations
``There is authorized to be appropriated to the Federal Maritime
Commission $24,700,000 for each of fiscal years 2016 and 2017 for the
activities of the Commission authorized under this chapter and subtitle
IV.''.
(b) Clerical Amendment.--The analysis for chapter 3 of title 46,
United States Code, is amended by adding at the end the following:
``308. Authorization of appropriations.''.
SEC. 402. DUTIES OF THE CHAIRMAN.
Section 301(c)(3)(A) of title 46, United States Code, is amended--
(1) in clause (ii) by striking ``units, but only after
consultation with the other Commissioners;'' and inserting
``units (with such appointments subject to the approval of the
Commission);'';
(2) in clause (iv) by striking ``and'' at the end;
(3) in clause (v) by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(vi) prepare and submit to the President
and Congress requests for appropriations for
the Commission (with such requests subject to
the approval of the Commission).''.
SEC. 403. PROHIBITION ON AWARDS.
Section 307 of title 46, United States Code, is amended--
(1) by striking ``The Federal Maritime Commission'' and
inserting the following:
``(a) In General.--The Federal Maritime Commission''; and
(2) by adding at the end the following:
``(b) Prohibition.--Notwithstanding subsection (a), the Federal
Maritime Commission may not expend any funds appropriated or otherwise
made available to it to issue an award, prize, commendation, or other
honor to a non-Federal entity.''.
TITLE V--MISCELLANEOUS
SEC. 501. CONVEYANCE OF COAST GUARD PROPERTY IN MARIN COUNTY,
CALIFORNIA.
(a) Conveyance Authorized.--The Commandant of the Coast Guard may
convey all right, title, and interest of the United States in and to
the covered property, upon payment to the United States of the fair
market value of the covered property.
(b) Right of First Refusal.--The County of Marin, California shall
have the right of first refusal with respect to purchase of the covered
property under this section.
(c) Survey.--The exact acreage and legal description of the covered
property shall be determined by a survey satisfactory to the
Commandant.
(d) Fair Market Value.--The fair market value of the covered property
shall--
(1) be determined by appraisal; and
(2) be subject to the approval of the Commandant.
(e) Costs of Conveyance.--The responsibility for all reasonable and
necessary costs, including real estate transaction and environmental
documentation costs, associated with a conveyance under this section
shall be determined by the Commandant and the purchaser.
(f) Additional Terms and Conditions.--The Commandant may require such
additional terms and conditions in connection with a conveyance under
this section as the Commandant considers appropriate and reasonable to
protect the interests of the United States.
(g) Deposit of Proceeds.--Any proceeds received by the United States
in a conveyance under this section shall be deposited in the Coast
Guard Housing Fund established by section 687 of title 14, United
States Code.
(h) Covered Property Defined.--In this section, the term ``covered
property'' means the approximately 32 acres of real property (including
all improvements located on the property) that are--
(1) located at Station Point Reyes in Marin County,
California;
(2) under the administrative control of the Coast Guard; and
(3) described as ``Parcel A, Tract 1'', ``Parcel B, Tract
2'', ``Parcel C'', and ``Parcel D'' in the Declaration of
Taking (Civil No. C-71-1245 SC) filed June 28, 1971, in the
United States District Court for the Northern District of
California.
SEC. 502. ELIMINATION OF REPORTS.
(a) Distant Water Tuna Fleet.--Section 421 of the Coast Guard and
Maritime Transportation Act of 2006 (46 U.S.C. 8103 note) is amended by
striking subsection (d).
(b) Annual Updates on Limits to Liability.--Section 603(c)(3) of the
Coast Guard and Maritime Transportation Act of 2006 (33 U.S.C. 2704
note) is amended by striking ``on an annual basis.'' and inserting
``not later than January 30 of the year following each year in which
occurs an oil discharge from a vessel or nonvessel source that results
or is likely to result in removal costs and damages (as those terms are
defined in section 1001 of the Oil Pollution Act of 1990 (33 U.S.C.
2701)) that exceed liability limits established under section 1004 of
the Oil Pollution Act of 1990 (33 U.S.C. 2704).''.
(c) International Bridge Act of 1972.--The International Bridge Act
of 1972 is amended by striking section 11 (33 U.S.C. 535h).
SEC. 503. VESSEL DOCUMENTATION.
Not later than 180 days after the date of the enactment this Act, the
Comptroller General of the United States shall submit to the Committee
on Transportation and infrastructure of the House and the Committee on
Commerce, Science, and Transportation of the Senate, a description of
actions that could be taken to--
(1) improve the efficiency of performance of the functions
currently carried out by the National Vessel Documentation
Center, including by--
(A) transferring such functions to Coast Guard
headquarters; and
(B) reassigning Coast Guard personnel to better meet
the Coast Guard's vessel documentation mission; and
(2) strengthen the review of compliance with United States
ownership requirements for vessels documented under the laws of
the United States.
SEC. 504. CONVEYANCE OF COAST GUARD PROPERTY IN TOK, ALASKA.
(a) Conveyance Authorized.--The Commandant of the Coast Guard may
convey all right, title, and interest of the United States in and to
the covered property, upon payment to the United States of the fair
market value of the covered property.
(b) Right of First Refusal.--The Tanana Chiefs' Conference shall have
the right of first refusal with respect to purchase of the covered
property under this section.
(c) Survey.--The exact acreage and legal description of the covered
property shall be determined by a survey satisfactory to the
Commandant.
(d) Fair Market Value.--The fair market value of the covered property
shall be--
(1) determined by appraisal; and
(2) subject to the approval of the Commandant.
(e) Costs of Conveyance.--The responsibility for all reasonable and
necessary costs, including real estate transaction and environmental
documentation costs, associated with a conveyance under this section
shall be determined by the Commandant and the purchaser.
(f) Additional Terms and Conditions.--The Commandant may require such
additional terms and conditions in connection with a conveyance under
this section as the Commandant considers appropriate and reasonable to
protect the interests of the United States.
(g) Deposit of Proceeds.--Any proceeds received by the United States
from a conveyance under this section shall be deposited in the Coast
Guard Housing Fund established under section 687 of title 14, United
States Code.
(h) Covered Property Defined.--
(1) In general.--In this section, the term ``covered
property'' means the approximately 3.25 acres of real property
(including all improvements located on the property) that are--
(A) located in Tok, Alaska;
(B) under the administrative control of the Coast
Guard; and
(C) described in paragraph (2).
(2) Description.--The property described in this paragraph is
the following:
(A) Lots 11, 12 and 13, block ``G'', Second Addition
to Hartsell Subdivision, Section 20, Township 18 North,
Range 13 East, Copper River Meridian, Alaska as appears
by Plat No. 72-39 filed in the Office of the Recorder
for the Fairbanks Recording District of Alaska, bearing
seal dated 25 September 1972, all containing
approximately 1.25 Acres and commonly known as 2-PLEX -
Jackie Circle, Units A and B.
(B) Beginning at a point being the SE corner of the
SE \1/4\ of the SE \1/4\ Section 24, Township 18 North,
Range 12 East, Copper River Meridian, Alaska; thence
running westerly along the south line of said SE \1/4\
of the NE \1/4\ 260 feet; thence northerly parallel to
the east line of said SE \1/4\ of the NE \1/4\ 335
feet; thence easterly parallel to the south line 260
feet; then south 335 feet along the east boundary of
Section 24 to the point of beginning; all containing
approximately 2.0 acres and commonly known as 4-PLEX -
West ``C'' and Willow, Units A, B, C and D.
SEC. 505. SAFE VESSEL OPERATION IN THE GREAT LAKES.
The Howard Coble Coast Guard and Maritime Transportation Act of 2014
(Public Law 113-281) is amended--
(1) in section 610, by--
(A) striking the section enumerator and heading and
inserting the following:
``SEC. 610. SAFE VESSEL OPERATION IN THE GREAT LAKES.'';
(B) striking ``existing boundaries and any future
expanded boundaries of the Thunder Bay National Marine
Sanctuary and Underwater Preserve'' and inserting
``boundaries of any national marine sanctuary that
preserves shipwrecks or maritime heritage in the Great
Lakes''; and
(C) by inserting before the period at the end the
following: ``, unless the designation documents for
such sanctuary do not allow taking up or discharging
ballast water in such sanctuary''; and
(2) in the table of contents in section 2, by striking the
item relating to such section and inserting the following:
``Sec. 610. Safe vessel operation in the Great Lakes.''.
SEC. 506. USE OF VESSEL SALE PROCEEDS.
(a) Audit.--The Comptroller General of the United States shall
conduct an audit of funds credited in each fiscal year after fiscal
year 2004 to the Vessel Operations Revolving Fund that are attributable
to the sale of obsolete vessels in the National Defense Reserve Fleet
that were scrapped or sold under sections 57102, 57103, and 57104 of
title 46, United States Code, including--
(1) a complete accounting of all vessel sale proceeds
attributable to the sale of obsolete vessels in the National
Defense Reserve Fleet that were scrapped or sold under sections
57102, 57103 and 57104 of title 46, United States Code, in each
fiscal year after fiscal year 2004;
(2) the annual apportionment of proceeds accounted for under
paragraph (1) among the uses authorized under section 308704 of
title 54, United States Code, in each fiscal year after fiscal
year 2004, including--
(A) for National Maritime Heritage Grants, including
a list of all annual National Maritime Heritage Grant
grant and subgrant awards that identifies the
respective grant and subgrant recipients and grant and
subgrant amounts;
(B) for the preservation and presentation to the
public of maritime heritage property of the Maritime
Administration;
(C) to the United States Merchant Marine Academy and
State maritime academies, including a list of annual
awards; and
(D) for the acquisition, repair, reconditioning, or
improvement of vessels in the National Defense Reserve
Fleet; and
(3) an accounting of proceeds, if any, attributable to the
sale of obsolete vessels in the National Defense Reserve Fleet
that were scrapped or sold under sections 57102, 57103, and
57104 of title 46, United States Code, in each fiscal year
after fiscal year 2004, that were expended for uses not
authorized under section 308704 of title 54, United States
Code.
(b) Submission to Congress.--Not later than 180 days after the date
of enactment this Act, the Comptroller General shall submit the audit
conducted in subsection (a) to the Committee on Armed Services, the
Committee on Natural Resources, and the Committee on Transportation and
Infrastructure of the House and the Committee on Commerce, Science, and
Transportation of the Senate.
SEC. 507. FISHING VESSEL AND FISH TENDER VESSEL CERTIFICATION.
Section 4503 of title 46, United States Code, is amended--
(1) in subsection (c), by adding at the end the following:
``Subsection (a) does not apply to a fishing vessel or fish
tender vessel described in subsection (d)(6), if the vessel
complies with an alternative safety compliance program
established under that subsection for such a vessel.''; and
(2) in subsection (d), by adding at the end the following:
``(6) The Secretary shall establish an alternative safety compliance
program for fishing vessels or fish tender vessels (or both) that are
at least 50 feet overall in length, and not more than 79 feet overall
in length, and built after July 1, 2013.''.
SEC. 508. NATIONAL ACADEMY OF SCIENCES COST COMPARISON.
(a) Cost Comparison.--The Secretary of the department in which the
Coast Guard is operating shall seek to enter into an arrangement with
the National Academy of Sciences under which the Academy, by no later
than 180 days after the date of the enactment of this Act, 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 comparison of the costs incurred by the
Federal Government for each of the following alternatives:
(1) Transferring the Polar Sea to a non-governmental entity
at no cost, and leasing back the vessel beginning on the date
on which the Coast Guard certifies that the vessel is capable
of the breaking out and missions described in subsection
(c)(1).
(2) The reactivation and operation by the Coast Guard of the
Polar Sea to an operational level at which the vessel is
capable of such breaking out and missions.
(3) Acquiring and operating a new icebreaker through the
Coast Guard's acquisition process that is capable of such
breaking out and missions.
(4) Construction by a non-Federal entity of an icebreaker
capable of such breaking out and missions, that will be leased
by the Federal Government and operated using a Coast Guard
crew.
(5) Construction by a non-Federal entity of an icebreaker
capable of such breaking out and missions, that will be leased
by the Federal Government and operated by a crew of non-Federal
employees.
(6) The acquisition of services from a non-Federal entity to
perform such breaking out and missions.
(b) Included Costs.--For purposes of subsection (a), the cost of each
alternative includes costs incurred by the Federal Government for--
(1) the lease or operation and maintenance of the vessel
concerned;
(2) disposal of such vessel at the end of the useful life of
the vessel;
(3) retirement and other benefits for Federal employees who
operate such vessel; and
(4) interest payments assumed to be incurred for Federal
capital expenditures.
(c) Assumptions.--For purposes of comparing the costs of such
alternatives, the Academy shall assume that--
(1) each vessel under consideration is--
(A) capable of breaking out of McMurdo Station, and
conducting Coast Guard missions in the United States
territory in the Arctic (as that term is defined in
section 112 of the Arctic Research and Policy Act of
1984 (15 U.S.C. 4111)); and
(B) operated for a period of 20 years;
(2) the acquisition of services and the operation of each
vessel begin on the same date; and
(3) the periods for conducting Coast Guard missions in the
Arctic are of equal lengths.
SEC. 509. PENALTY WAGES.
(a) Foreign and Intercoastal Voyages.--Section 10313(g) of title 46,
United States Code, 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)--
(A) by striking ``class action''; and
(B) in subparagraph (B), by striking ``, by a seaman
who is a claimant in the suit,'' and inserting ``by the
seaman''.
(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)--
(A) by striking ``class action''; and
(B) in subparagraph (B), by striking ``, by a seaman
who is a claimant in the suit,'' and inserting ``by the
seaman''.
SEC. 510. RECOURSE FOR NONCITIZENS.
Section 30104 of title 46, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before the first
sentence; and
(2) by adding at the end the following new subsection:
``(b) Restriction on Recovery for Nonresident 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 engagement of the seaman by
or for a passenger vessel duly registered under the laws of a foreign
nation, may not be brought under the laws of the United States if--
``(1) such seaman was not a permanent resident alien of the
United States at the time the claim arose;
``(2) the injury, illness, or death arose outside the
territorial waters of the United States; and
``(3) the seaman or the seaman's personal representative has
or had a right to seek compensation for the injury, illness, or
death in, or under the laws of--
``(A) the nation in which the vessel was registered
at the time the claim arose; or
``(B) the nation in which the seaman maintained
citizenship or residency at the time the claim
arose.''.
Purpose of Legislation
H.R. 1987, the Coast Guard Authorization Act of 2015, as
amended, authorizes $8.7 billion in discretionary funding for
the Coast Guard for each of the fiscal years 2016 and 2017. The
bill authorizes the end-of-year strength for active duty
military personnel at 43,000 for each of the fiscal years 2016
and 2017. The bill also authorizes $24.7 million for the
Federal Maritime Commission (FMC) in each of the fiscal years
2016 and 2017. Finally, the bill makes several reforms to Coast
Guard authorities and laws governing shipping and navigation.
Background and Need for Legislation
COAST GUARD
The United States Coast Guard was established on January
28, 1915, through the consolidation of the Revenue Cutter
Service (established in 1790) and the Lifesaving Service
(established in 1848). The Coast Guard later assumed the duties
of three other agencies: the Lighthouse Service (established
1789), the Steamboat Inspection Service (established in 1838),
and the Bureau of Navigation (established in 1884).
Under section 2 of title 14, United States Code, the Coast
Guard has primary responsibility to enforce or assist in the
enforcement of all applicable federal laws in, under, and over
the high seas and waters subject to the jurisdiction of the
United States; to ensure safety of life and property at sea; to
protect the marine environment; to carry out icebreaking
activities; and to ensure the safety and security of vessels,
ports, waterways, and related facilities.
As one of the five Armed Services, the Coast Guard also
maintains defense readiness to operate as a specialized service
in the Navy upon the declaration of war or when the President
directs. The Coast Guard is composed of approximately 40,000
military personnel, 7,500 reservists, and 8,300 civilian
employees. The Coast Guard or its predecessors have defended
the Nation in every war since 1790.
In fiscal year 2014, the Coast Guard responded to over
17,500 search and rescue cases saving over 3,400 lives,
conducted over 8,600 security boardings of vessels entering
U.S. ports, inspected over 12,500 U.S. flagged commercial
vessels to ensure safety and security requirements were met,
maintained over 51,000 aids to navigation, and interdicted over
3,500 undocumented migrants and 140 metric tons of illegal
drugs.
H.R. 1987, the Coast Guard Authorization Act of 2015, as
amended, authorizes the Coast Guard for the next two years at
fiscally responsible levels to carry out these missions, while
helping to replace and modernize the Coast Guard's aging assets
in a cost effective manner, enhancing oversight, and reducing
inefficiencies to save taxpayer dollars.
Pursuant to section 101 of the Howard Coble Coast Guard and
Maritime Transportation Act of 2014 (P.L. 113-281), the
activities of the Coast Guard are authorized through fiscal
year (FY) 2015 at $8.7 billion. H.R. 1987, as amended,
authorizes $8.7 billion in discretionary funds for the Coast
Guard for each of the fiscal years 2016 and 2017.
Investment in Coast Guard capabilities
The Committee has long had concerns about the adequacy of
capital investment in Coast Guard assets and infrastructure.
Enforcing federal laws in, under, over the high seas and waters
subject to the jurisdiction of the United States is a
complicated task requiring a workforce that is highly trained
in many areas from marine and aviation operations to marine
safety. It also requires a substantial number of physical
assets from cutters and aircraft, to buoys and shoreside
facilities. The Coast Guard and GAO have both done estimates of
what is required in annual Coast Guard capital investment.
These estimates range from $1.5 to more than $2.0 billion
depending on whether the goal is to maintain existing
capability or to achieve capabilities closer to those imagined
in the 2005 Mission Need Statement (MNS), or in the approved
acquisition program of record. In recent years, administration
budget requests have fallen woefully short of even meeting
minimum needs and appropriations have only been able to make up
a fraction of the shortfall. In fiscal year 2016, the President
is requesting $1 billion for the Coast Guard's Acquisition,
Construction, and Improvement (AC&I;) account. This represents a
cut of over $200 million or 17 percent from the FY 2015 enacted
level.
Section 215 of P.L. 113-281 requires the submission of a
revised MNS which explains how each major acquisition program
addresses identified mission hour gaps, and describes the
missions the Coast Guard will be unable to fully achieve for
each gap identified. The Committee will do oversight based on
this MNS when it is submitted in July 2015. Pending that
updated information, H.R. 1987 authorizes the Coast Guard's
AC&I; account at $1.5 billion for each of the fiscal years 2016
and 2017, approximately $500 million more than the President's
FY 2016 request. The Committee believes long-term funding at
this level will allow the Coast Guard to maintain current
mission capability. However, the Committee acknowledges that
even at the level of capital funding proposed in this
authorization, certain Coast Guard missions simply will not be
done or will be done at an operations tempo far short of what
is needed to adequately carry them out. The Committee looks
forward to continuing to work with the Coast Guard for the
remainder for the 114th Congress to determine how to better
align missions and assets under current budget constraints and
to identify those missions which may be best handled by other
entities.
As mentioned, section 215 of P.L. 113-281 requires the
Coast Guard to update its 2005 MNS which provides the
underlying justification for its asset recapitalization
program. H.R. 1987, as amended, builds on that requirement by
adding a review of Coast Guard manpower needs. Without a
sufficient number of trained servicemembers operating assets,
readiness and mission performance suffers. Without trained
Coast Guard inspectors and environmental responders, maritime
safety and environmental response regulations have no real
world effect. The Committee believes these documents will
assist in our oversight and our efforts to improve Coast Guard
mission performance.
FEDERAL MARITIME COMMISSION
The FMC is the independent federal agency responsible for
regulating the U.S. international ocean transportation system
for the benefit of U.S. exporters, importers, and consumers.
P.L. 113-281 authorized activities of the FMC through FY 2015.
H.R. 1987, as amended, reauthorizes the FMC through FY 2017 at
currently authorized levels and includes several reforms to the
administrative procedures of the FMC to improve public
accountability.
MARITIME TRANSPORTATION
The maritime sector of our national transportation system
is essential to our economy and vital to our national security.
The U.S. maritime industry currently employs more than 260,000
Americans providing nearly $29 billion in annual wages. There
are more than 40,000 commercial vessels currently flying the
American flag. The vast majority of these vessels are engaged
in domestic commerce, moving over 100 million passengers and
$400 billion worth of goods between ports in the United States
on an annual basis. Each year, the U.S. maritime industry
accounts for over $100 billion in economic output.
Beyond the important contributions to our economy, a
healthy maritime industry is vital to our national security.
Throughout our history, the military has relied on U.S. flagged
commercial vessels crewed by American Merchant Mariners to
carry troops, weapons, and supplies to the battlefield. During
Operations Enduring Freedom and Iraqi Freedom, U.S. flagged
commercial vessels transported 63 percent of all military
cargos moved to Afghanistan and Iraq. Since the United States
cannot rely on foreign vessels and crews to provide for its
national security, it is critical to maintain a robust fleet of
U.S. flagged vessels, a large cadre of skilled American
mariners, and a strong shipyard industrial base.
However, over the last 35 years, the number of U.S. flagged
vessels sailing in the international trade has dropped from 850
to less than 100. In the same period, the United States has
lost over 300 shipyards and thousands of American maritime-
related jobs. Preserving and strengthening our Nation's
maritime industry is vital to our economic and national
security.
H.R. 1987, as amended, improves the enforcement U.S. cargo
preference laws to ensure that cargo financed by the American
taxpayers is transported on U.S. flagged vessels crewed with
U.S. mariners. The bill also encourages job growth in the U.S.
maritime sector by reducing several regulatory burdens on small
business.
Hearings
On February 25, 2015, the Subcommittee on Coast Guard and
Maritime Transportation held a hearing to examine the FY 2016
budget requests for the Coast Guard, the FMC, and the Maritime
Administration. On April 15, 2015, the Subcommittee held a
hearing to review Coast Guard mission execution.
Legislative History and Consideration
On April 23, 2015, Subcommittee on Coast Guard and Maritime
Transportation Chairman Duncan Hunter introduced for himself,
Subcommittee Ranking Member John Garamendi, and Transportation
and Infrastructure Committee Chairman Bill Shuster and Ranking
Member Peter DeFazio, H.R. 1987, the Coast Guard Authorization
Act of 2015. On April 30, 2015, the Committee met in open
session to consider H.R. 1987, and ordered the bill, as
amended, reported favorably to the House of Representatives by
voice vote with a quorum present.
Amendments were offered in Committee by Representatives
Hunter, Brown, and Hahn. Representative Hunter offered a
manager's amendment which was adopted by voice vote. The
amendment made technical changes to the bill and added
provisions to improve a training program for U.S. mariners;
audit the proceeds from the sale of vessels in the National
Defense Reserve Fleet; convey a parcel of excess Coast Guard
property in Alaska at fair market value; ensure the safe
operation of vessels on the Great Lakes; conduct a cost
comparison between constructing and leasing a new polar
icebreaker; and amend classification requirements for certain
commercial fishing vessels. Representative Brown offered an
amendment, which was adopted by voice vote, to cap penalty
wages for mariners in individual suits and clarify recourse to
sue in U.S. courts for foreign citizens injured while working
on foreign flagged cruise vessels operating in international
waters. Representative Hahn offered and withdrew an amendment
regarding benefits for World War II merchant marine veterans.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against. There were no record votes taken in connection
with consideration of H.R. 1987.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 1987, as amended,
from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 14, 2015.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
U.S. House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1987, the Coast
Guard Authorization Act of 2015.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Martin von
Gnechten.
Sincerely,
Keith Hall.
Enclosure.
H.R. 1987--Coast Guard Authorization Act of 2015
Summary: H.R. 1987 would authorize appropriations totaling
$17.5 billion, primarily for ongoing operations of the United
States Coast Guard (USCG) and the Federal Maritime Commission
(FMC) over the 2016-2017 period. The bill would amend laws that
govern the activities of USCG, FMC, and the Maritime
Administration within the Department of Transportation.
Assuming appropriation of the specified amounts, CBO estimates
that implementing the legislation would cost $16.6 billion over
the 2016-2020 period.
H.R. 1987 would expand the authority of USCG to cancel
federal debts to include those who incurred debt as an officer
on active duty in the Coast Guard. Based on information
provided by USCG, CBO estimates that enacting this provision
would reduce offsetting receipts that are treated as increases
in direct spending by less than $500,000 over the 2016-2025
period. (The loss of offsetting receipts are treated as
increases in direct spending.) Because enacting this
legislation would increase direct spending, pay-as-you-go
procedures apply; however, the effect on direct spending would
be insignificant in each year and over the 2016-2025 period.
Enacting H.R. 1987 would not affect revenues.
H.R. 1987 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA).
H.R. 1987 would impose private-sector mandates, as defined
in UMRA, on sponsors of marine events and manufacturers of
small boats. Based on information from USCG and industry
experts, CBO estimates that the cost of the mandates would fall
below the annual threshold in UMRA for private-sector mandates
($154 million in 2015, adjusted for inflation).
Estimated Cost to the Federal Government: The estimated
budgetary impact of H.R. 1987 is shown in the following table.
The costs of this legislation fall within budget functions 050
(national defense) and 400 (transportation).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------
2016 2017 2018 2019 2020 2016-2020
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
United States Coast Guard
Authorization Level............................ 8,704 8,704 0 0 0 17,408
Estimated Outlays.............................. 5,761 7,225 2,098 984 520 16,588
Federal Maritime Commission
Authorization Level............................ 25 25 0 0 0 49
Estimated Outlays.............................. 23 24 2 0 0 49
Total
Authorization Level........................ 8,729 8,729 0 0 0 17,458
Estimated Outlays.......................... 5,784 7,249 2,100 984 520 16,637
----------------------------------------------------------------------------------------------------------------
Note: Details may not sum to totals because of rounding.
Basis of estimate: For this estimate, CBO assumes that H.R.
1987 will be enacted near the end of fiscal year 2015 and that
the amounts authorized by the bill will be appropriated for
each year. Estimated outlays are based on historical spending
patterns for authorized activities.
United States Coast Guard
H.R. 1987 would authorize the appropriation of $8.7 billion
for ongoing USCG activities for each of fiscal years 2016 and
2017. In 2015 the USCG received an appropriation of $8.4
billion. Specifically, the bill would authorize the
appropriation of $17.4 billion for USCG operations including
about $14 billion for operations and maintenance, $3.1 billion
for capital acquisitions, $280 million for reserve training,
$40 million for research programs, and $33 million for
environmental compliance. Among the new USCG responsibilities
in the bill, H.R. 1987 would direct USCG to:
Submit various reports to the Congress,
including a 20-year acquisition plan, an implementation
plan for using software to manage boat maintenance, and
a manpower requirements plan;
Establish a pilot program to assess USCG
communications during response activities;
Authorize the conveyance of property in
California and Alaska at fair market value; and
Recover the costs of providing safety zones
around private marine events that are permitted or
authorized by the Coast Guard.
Assuming appropriation of the amounts specified ill the
bill, CBO estimates that implementing the USCG provisions of
H.R. 1987 would cost $16.6 billion over the 2016-2020 period.
Based on information from the USCG, CBO expects that the
property conveyances authorized in H.R. 1987 would have no
significant effect on the budget.
Federal Maritime Commission
H.R. 1987 would authorize the appropriation of nearly $25
million, annually for 2016 and 2017 for the operations of the
FMC. The agency received an appropriation of $26 million in
2015. The FMC regulates shipping activities in the United
States. CBO estimates that implementing those provisions would
cost $49 million over the 2016-2020 period, assuming
appropriation of the authorized amounts.
Pay-as-you-go considerations: Enacting H.R. 1987 would
reduce offsetting receipts (which are treated as increases in
direct spending). The legislation would authorize the USCG to
cancel debt owed to the federal government that was incurred by
an officer of the Coast Guard while on active duty. Under
current law, USCG may waive the debt incurred by enlisted
members of the Coast Guard, and the legislation would expand
the eligible group to include officers. Those debts primarily
arise from administrative overpayments. CBO estimates that the
effect of this provision on direct spending would be
insignificant in any year and over the 2016-2025 period.
Estimated impact on state, local, and tribal governments:
H.R. 1987 contains no intergovernmental mandates as defined in
UMRA and would benefit state and local governments by, among
other things, authorizing the conveyance of land, at fair
market value, to Marin County, California, and by clarifying
that federal law does not preempt state regulation of fishing
permits under certain conditions.
Estimated impact on the private-sector: H.R. 1987 would
impose private-sector mandates as defined in UMRA. Based on
information from USCG and industry experts, CBO estimates that
the aggregate annual cost of the mandates would fall below the
annual threshold in UMRA for private-sector mandates ($154
million in 2015, adjusted for inflation).
The bill would require sponsors of marine events requiring
a permit or USCG authorization to pay the USCG for the cost of
providing a safety zone for such an event. Based on information
from USCG, CBO expects that the requirement would apply to a
limited number of sponsors annually.
The bill also would impose a mandate on manufacturers of
small boats by requiring those manufacturers to use updated
engine weights when conducting stability and floatation tests.
According to information from industry experts, most small
boats sold in the United States already use the updated engine
weights.
Estimate prepared by: Federal Costs: Martin von Gnechten;
Impact on State, Local, and Tribal Governments: Melissa
Merrell; Impact on the Private Sector: Amy Petz.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goals and objectives of this legislation are to
authorize sufficient funds for the activities of the Coast
Guard and Federal Maritime Commission, make the operations of
Coast Guard more efficient, and improve the safety and
productivity of the marine transportation system.
Advisory of Earmarks
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. No
provision in the bill includes an earmark, limited tax benefit,
or limited tariff benefit under clause 9(e), 9(f), or 9(g) of
rule XXI.
Duplication of Federal Programs
Pursuant to section 3(g) of H. Res. 5, 114th Cong. (2015),
the Committee finds that no provision of H.R. 1987, as amended,
establishes or reauthorizes a program of the federal government
known to be duplicative of another federal program, a program
that was included in any report from the Government
Accountability Office to Congress pursuant to section 21 of
Public Law 111-139, or a program related to a program
identified in the most recent Catalog of Federal Domestic
Assistance.
Disclosure of Directed Rule Makings
Pursuant to section 3(i) of H. Res. 5, 114th Cong. (2015),
the Committee estimates that enacting H.R. 1987 specifically
directs the completion of a specific rule making within the
meaning of section 551 of title 5, United States Code. Section
309 of H.R. 1987 requires the Secretary of the department in
which the Coast Guard is operating to amend existing
regulations concerning the incorporation by reference of
standards for recreational vessel engine weights. Section 310
of H.R. 1987 requires the Secretary of the department in which
the Coast Guard is operating to carry out a rulemaking to
reform merchant mariner medical certification. Section 312 of
H.R. 1987 requires the Secretary of the department in which the
Coast Guard is operating to carry out a rulemaking to reform
the issuance of certificates of documentation for recreational
vessels.
Federal Mandate Statement
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 1987, as amended,
does not preempt any state, local, or tribal law.
Advisory Committee Statement
No new advisory committees within the meaning of section
5(b) of the Federal Advisory Committee Act are created by this
legislation, as amended.
Applicability of Legislative Branch
The Committee finds that the legislation, as amended, does
not relate to the terms and conditions of employment or access
to public services or accommodations within the meaning of
section 102(b)(3) of the Congressional Accountability Act
(Public Law 104-1).
Section-by-Section Analysis of Legislation
TITLE I--AUTHORIZATION
Section 101. Authorizations
This section authorizes $8.7 billion in discretionary funds
for the Coast Guard for each of the fiscal years 2016 and 2017.
This is the same level of funding that was authorized for the
Coast Guard in section 101 of P.L. 113-281. It also authorizes
an end-of-year strength for active duty Coast Guard personnel
of 43,000 and sets military training student loads for each of
the fiscal years 2016 and 2017.
The President's budget for FY 2016 includes a request to
transfer an undefined amount of money from an undefined source
within the Department of Homeland Security to the Coast Guard
to complete detailed design of the Offshore Patrol Cutter
(OPC). The Committee is very concerned with this erratic
approach to budgeting. This approach is especially troubling
for the OPC as the need for the cutter has been well and
thoroughly documented and the requirements for which have been
widely and extensively vetted. Failure to enter into a contract
for detailed design of the OPC before the end of FY 2016 will
significantly increase the cost and substantially delay this
vital acquisition. The Committee is very concerned that further
delays in the initiation of the procurement will only
exacerbate existing gaps in Coast Guard mission capabilities.
This section authorizes sufficient funds within the Coast
Guard's AC&I; account to enter into a contract for detailed
design of the OPC in FY 2016. The Committee expects the Coast
Guard to ensure, to the maximum extent practicable, that it
awards a contract for detailed design of the OPC at the
earliest possible date.
The Committee is concerned with the adequacy of Coast Guard
icebreaking capability on the Great Lakes. In recent winters,
the percentage of ice cover on the Great Lakes has approached
record levels and the Coast Guard has struggled to adequately
keep shipping lanes open. From December 2013 to May 2014, 7
million fewer tons were carried by U.S. flagged vessels on the
Great Lakes, costing the economy an estimated $700 million and
4,000 jobs. This section clarifies that funds authorized in the
bill may be used to construct an icebreaker capable of buoy
tending on the Great Lakes.
The other Armed Services are currently required to provide
Congress with a manpower requirements plan that justifies
requested end strengths against mission requirements. The Coast
Guard does not currently provide Congress with a similar plan.
This section would improve oversight of the Service's mission
performance by requiring the Coast Guard to provide Congress a
plan for building and maintaining the force structure it needs
to effectively carry out its missions.
Sec. 102. Conforming Amendments
This section makes conforming and technical changes to
title 14, United States Code.
TITLE II--COAST GUARD
Sec. 201. Vice Commandant
The Coast Guard is the only Armed Service with a vice
service chief that does not have the rank of a four star flag
or general officer. This section would change the rank of the
Vice Commandant of the Coast Guard from vice admiral to admiral
to align the leadership structure of the Coast Guard to that of
the other Armed Services. This change will enable the Vice
Commandant to better represent the Coast Guard and the
Commandant during frequent interactions with counterparts in
the other Armed Services.
Sec. 202. Vice admirals
The Coast Guard is currently the only Armed Service without
a chief of staff. The position was discontinued in 2011 and
many of the responsibilities were assumed by the Vice
Commandant. This has diluted the focus of the Vice Commandant
from his traditional duties as the vice service chief. This
section authorizes the Coast Guard to reinstate the position of
Chief of Staff.
This section also authorizes the President to appoint
additional Coast Guard vice admirals to positions in the
executive branch. The Chairman of the Joint Chiefs of Staff has
requested the appointment of Coast Guard officers to serve on
the Joint Staff, but limitations on the number of Coast Guard
vice admirals under current law prohibits the Service from
fulfilling this pressing national security request.
Sec. 203. Coast Guard remission of indebtedness
This section ensures that members of the Coast Guard are
not held liable for administrative errors that result in
overpayments of pay and benefits. Members of the other Armed
Services currently receive similar protections.
Sec. 204. Acquisition reform
This section enacts recommendations made by the Government
Accountability Office (GAO) to improve the performance of new
assets acquired by the Coast Guard, as well as oversight of the
Service's acquisition process. This section requires the Coast
Guard to establish the performance data that will be used to
evaluate a new asset prior to testing the asset and to
determine the performance thresholds that have to be met during
testing. The section further requires the Coast Guard to
provide additional information to Congress to ensure better
oversight of the Service's multi-year, multi-billion dollar
major asset recapitalization effort.
Sec. 205. Auxiliary jurisdiction.
This section clarifies the jurisdiction of the Coast Guard
Auxiliary
Sec. 206. Long term major acquisitions plan.
Under current law, the Navy provides Congress with a long-
term plan for its shipbuilding requirements. The Coast Guard
does not conduct a similar long-term planning effort for its
major assets. This section would improve oversight of the Coast
Guard's effort to recapitalize its major assets by requiring
the Service to develop a long-term plan for its acquisition
needs and the funding levels to support them.
Sec. 207. Coast Guard communities
This section removes administrative barriers in the Coast
Guard's program to recognize communities that have supported
the Service. The Committee expects that whenever the Service
designates a new Coast Guard Community, it will notify the
Committee, as well as the Member of Congress representing such
community prior to such designation.
Sec. 208. POLAR SEA materiel condition assessment and service life
extension decision
The POLAR SEA is one of the Coast Guard's and the Nation's
two polar class heavy icebreakers. Since it suffered a major
engine casualty in June 2010, the icebreaker has not been
operational. In October 2011, the Coast Guard placed the POLAR
SEA in commissioned, inactive service and cannibalized many of
its parts to help reactivate its sister ship, the POLAR STAR.
Section 222 of the Coast Guard and Maritime Transportation
Act of 2012 (P.L. 112-213) required the Coast Guard to conduct
a business case analysis of the options for, and costs
associated with, reactivation of the POLAR SEA. The section
further required the Service to make a determination based on
the analysis of whether to reactivate or decommission the
icebreaker.
In November 2013, the Service completed the analysis and
estimated the reactivation would cost approximately $99 million
to provide 7 to 10 years of service. Although it completed the
analysis nearly two years ago, the Service has refused to make
a determination concerning the icebreaker's future. The Service
is currently spending $8 million to stabilize and preserve the
POLAR SEA and is requesting an additional $6 million in its FY
2016 budget request to conduct a materiel condition assessment
of the icebreaker. Under the timeline put forward by the Coast
Guard, a determination to reactivate or decommission the
icebreaker will not be made before completion of the assessment
in late 2016. In the meantime, the POLAR SEA continues to
deteriorate and the United States is left with only one
functioning polar class heavy icebreaker.
This section sets a deadline of 270 days for the Coast
Guard to complete and submit to Congress its assessment of the
condition of the POLAR SEA and its determination of whether it
is cost effective to reactivate or decommission the icebreaker.
Sec. 209. Repeal
This section continues a limitation in current law on the
authority of the Coast Guard to reassign certain aviation
assets.
Sec. 210. Technical corrections
This section makes technical and clarifying changes to
title 14, United States Code.
Sec. 211. Digital boat profile
This section authorizes the Coast Guard to conduct a pilot
program to test the effectiveness of commercially available
technologies to track and improve the maintenance and readiness
of its cutter fleet.
Sec. 212. Discontinuance of an aid to navigation
This section requires the Coast Guard to establish and
implement a process that ensures adequate public notification
when removing a physical aid to navigation.
Sec. 213. Mission performance measures
This section requires the GAO to assess the metrics the
Coast Guard uses to evaluate its mission performance, as well
as the process the Service uses to establish such metrics.
Sec. 214. Communications
This section authorizes the Coast Guard to conduct a pilot
program to test the effectiveness of commercially available
technologies to improve communications during response
activities.
Sec. 215. Coast Guard graduate maritime operations education
This section authorizes the Coast Guard to establish a
graduate education program at an existing public academic
institution to improve the professional development of
servicemembers and civilian employees.
TITLE III--SHIPPING AND NAVIGATION
Sec. 301. Treatment of fishing permits
This section clarifies that a fishing permit is not an
appurtenance to a vessel and therefore not subject to a
maritime lien.
Sec. 302. Survival craft
This section would phase-in a requirement to carry out-of-
water survival craft by passenger vessels operating in certain
waters. Under this section, the Coast Guard may revise
regulations concerning the carriage of survival craft after a
review of factors regarding out-of-water survival craft.
Sec. 303. Enforcement
This section would improve the oversight and enforcement of
cargo preference laws. Nothing in this section changes the
amount of government impelled cargo subject to transportation
on U.S. flag vessels under existing law. It merely establishes
improved procedures to assist in the understanding and
implementation of current law by federal government agencies.
Sec. 304. Model years for recreational vessels
The Coast Guard's current regulatory definition of model
year for recreational vessels is inconsistent with industry
practice and interferes with the marketplace. This section
revises the definition of model year for new recreational
vessels and provides industry with appropriate discretion to
market their products.
Sec. 305. Merchant mariner credential expiration harmonization
The Coast Guard requires American mariners to apply for and
carry several documents to work aboard vessels. These documents
often expire at different times requiring the mariner and their
employers to lose days of work to satisfy renewal requirements.
This section would alleviate this administrative burden and
lost productivity by requiring the Coast Guard to harmonize the
expiration of merchant mariner credentials, radar observer
endorsements, and medical certificates for certain mariners.
Sec. 306. Marine event safety zones
Each year, the Coast Guard spends a significant amount of
its time and taxpayer funds to ensure the safety of waterways
around privately held events. While Coast Guard presence is
important to ensure public safety, the event itself is not open
to the public and often does not provide a public benefit. To
defray the cost on the taxpayer, this section authorizes the
Coast Guard to recover costs it incurs from the enforcement of
safety zones around privately held events that are not open to
the public. Most state and local law enforcement agencies have
similar authority to recover costs associated with providing
public safety services to private events.
Sec. 307. Technical corrections
This section makes technical corrections to shipping and
navigation law.
Sec. 308. Recommendations for improvements of marine casualty reporting
The Department of Homeland Security Inspector General and
the Coast Guard's Towing Safety Advisory Committee recently
provided the Service with recommendations to modernize and
improve its marine casualty reporting program. This section
would require the Coast Guard to notify the Committee of the
actions it is taking to implement these recommendations.
Sec. 309. Recreational vessel engine weights
It has been more than 20 years since the Coast Guard
updated the references it provides manufacturers to use to
determine the weight of engines when conducting floatation
tests of its new products. Today's engines are considerably
heavier than those built in 1984. Using the outdated Coast
Guard references for engine weight could result is less
floatation being added to the recreational vessel than is
required to avoid swamping or sinking. This section would
require the Coast Guard to update its references to
recreational vessel engine weights to ensure accurate vessel
floatation tests by manufacturers and improve recreational
vessel safety.
Sec 310. Merchant mariner medical certification reform
In order to work on a vessel, American mariners are
required to meet certain medical and physical fitness standards
established by the Coast Guard. To certify that they meet such
standards, mariners are required to take a form developed by
the Coast Guard to their doctor, have the doctor fill it out,
and submit it to the Coast Guard for review and certification.
Coast Guard employees with limited medical training, having
never met the mariner or medically treated the mariner, and
without a thorough understanding of the mariner's medical
history, make a medical fitness determination based solely on
the information included on the form. This centralized process
creates substantial administrative burden on the mariner and
often leads to delays in processing mariner medical
certificates.
Since 1927, the Federal Aviation Administration has had a
system in place to certify the medical and physical fitness of
pilots that relies on government certified private physicians
to examine pilots and empowers them to issue medical
certificates. This efficient system has not undermined safety,
nor resulted in the delays and administrative burdens inherent
in the Coast Guard's system of medical certification.
This section would require the Coast Guard to certify
private physicians to make medical fitness determinations of
merchant mariners. Nothing in this section is intended to
compel the Coast Guard to terminate its current process of
conducting medical certification or make changes to current
medical fitness requirements for mariners.
Sec. 311. Atlantic coast port access route study
The Coast Guard is currently conducting an Atlantic Coast
Port Access Route Study in order to assist the Department of
Interior's Bureau of Ocean Energy Management's, as well as
stakeholders', understanding the impacts to navigation safety
from the construction of certain offshore renewable energy
projects. The Committee is concerned that the citing of these
projects could pose hazards to safe navigation, especially
projects built in or near vessel traffic routes. This section
would require the Coast Guard to complete its Atlantic Coast
Port Access Route Study by April 2016 and provide a copy to the
Committee.
Sec. 312. Certificates of documentation for recreational vessels
While Coast Guard certificates of documentation (COD) are
not required for recreational vessels, many owners elect to
document their vessels to facilitate passage into foreign ports
and to preclude them from having to abide by state registration
requirements. However, the Coast Guard requires CODs be renewed
on an annual basis and does not allow owners to carry them in
electronic form. This presents an unnecessary administrative
burden on vessel owners. This section would require the Coast
Guard to develop a COD for recreational vessels that is
effective for five years.
Sec. 313. Program guidelines
Section 304(a) of the Coast Guard and Maritime
Transportation Act of 2006 (P.L. 109-241) requires the
Secretary of Transportation to implement a program to promote
the transportation of liquefied natural gas on U.S. flag
vessels. In the nine years since this provision was enacted,
the Secretary has failed to issue guidelines to implement this
program. This section sets a deadline for the Secretary to
develop such guidelines. It further requires that the
guidelines include provisions to improve the training of U.S.
mariners on liquefied natural gas vessels.
Sec. 314. Repeals
This section repeals inoperative provisions of the Merchant
Marine Act of 1936.
TITLE IV--FEDERAL MARITIME COMMISSION
Sec. 401. Authorization
This section authorizes $24.7 million in funds for the
activities of the Federal Maritime Commission (FMC) for fiscal
years 2016 and 2017. This is the same level of funding that was
authorized for the FMC in section 401 of P.L. 113-281.
Sec. 402. Duties of the chairman
This section would reform certain administrative procedures
of the FMC to improve accountability. Specifically, this
section ensures that all Commissioners have the opportunity to
review hiring decisions and FMC annual budget submissions.
Sec. 403. Prohibition on awards
For the past few years the Chairman of the FMC has spent
staff time and taxpayer resources to recognize private
companies with Earth Day Awards. The FMC has no statutory or
regulatory authority over environmental protection or
restoration. This section would prohibit the FMC from
continuing to expend taxpayer dollars on superfluous awards for
non-federal entities.
TITLE V--MISCELLANEOUS
Sec. 501. Conveyance of Coast Guard property in Marin County,
California
This section would authorize the Coast Guard to provide the
County of Marin, California the right of first refusal in the
conveyance at fair market value of property under its
administrative control in Point Reyes, California. The
Committee expects the Coast Guard to notify the County of its
right of first refusal as soon as practicable after completion
of the appraisal required under this section. The Committee
also expects this appraisal to meet federal standards,
including the Uniform Appraisal Standards for Federal Land
Acquisitions. Finally, the Committee expects the Coast Guard
will provide the County at least one year after notifying it of
its right of first refusal to enter into a contract for the
sale of the property.
Sec. 502. Elimination of reports
This section would eliminate two outdated and duplicative
reports and modify the frequency of another report.
Sec. 503. Vessel documentation
This section requires the GAO to provide recommendations to
Congress to improve the performance of functions carried out by
the Coast Guard's National Vessel Documentation Center,
including compliance with laws governing U.S. ownership
requirements for certain vessels.
Sec. 504. Conveyance of Coast Guard property in Tok, Alaska
This section would authorize the Coast Guard to provide the
Tanana Chiefs Council, a nonprofit intertribal consortium of
federally recognized Alaska tribes, the right of first refusal
in the conveyance at fair market value of property under its
administrative control Tok, Alaska.
Sec. 505. Safe vessel operation in the Great Lakes
This section would bar the Coast Guard and the
Environmental Protection Agency from prohibiting the uptake or
discharge of ballast water from a vessel operating in certain
National Marine Sanctuaries located in the Great Lakes if such
uptake and discharge meets all federal and state requirements
and the designation documents for the Marine Sanctuary do not
prohibit such uptake and discharge.
Sec. 506. Use of vessel sale proceeds
This section would require the GAO to conduct and submit to
the Committee an audit of the proceeds from the sale of vessels
in the National Defense Reserve Fleet.
Sec. 507. Fishing vessel and fish tender vessel certification
This section would authorize an alternative compliance
program as substitute for classification of certain commercial
fishing vessels.
Sec. 508. National Academy of Sciences Cost Comparison.
This section would authorize the National Academy of
Sciences to conduct and submit to the Committee a comparison of
the costs associated with constructing or leasing a new polar
class icebreaker, as well as reactivating the Coast Guard
Cutter POLAR SEA.
Sec. 509. Penalty wages
Current law provides that if a vessel owner does not pay a
seaman what the seaman is owed under his employment contract
without sufficient cause, the vessel owner must pay the seaman
two days' wages for each day the owner does not pay the seaman
the contractual amount. In the case of a class action suit
brought by seamen who serve on cruise ships, the total amount
of the penalty is limited to 10 times the amount of wages owed.
This section caps the penalty amount at 10 times the amount of
wages owed for any seaman serving on a cruise ship, regardless
of whether the relief is sought in a class action.
Sec. 510. Recourse for noncitizens
This section clarifies that a foreign citizen mariner may
file a personal injury lawsuit in a U.S. court under four
circumstances: (1) if the accident occurred in U.S. waters; (2)
if the accident occurred aboard a U.S. flagged vessel; (3) no
matter where the accident occurred, if the claimant was a
permanent resident alien of the United States at the time of
the accident; or (4) no matter where the accident occurred, if
the claimant does not have a right to bring suit in his country
of residence or the flag state of the vessel from which the
claim arose.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TITLE 14, UNITED STATES CODE
Part Sec.
Regular Coast Guard..............................................1
Coast Guard Reserve and Auxiliary..............................701
Coast Guard Authorizations and Reports to Congress............2701
PART I--REGULAR COAST GUARD
Chapter
Establishment and duties.........................................1
* * * * * * *
Coast Guard Environmental Compliance and Restortation Program.690]
690 Environmental Compliance and Restoration Program..................
* * * * * * *
CHAPTER 3--COMPOSITION AND ORGANIZATION
Sec.
41. Grades and ratings.
* * * * * * *
199. Marine safety curriculum.
Sec. 41. Grades and ratings
In the Coast Guard there shall be [an admiral,] admirals
(two); vice admirals; rear admirals; rear admirals (lower
half); captains; commanders; lieutenant commanders;
lieutenants; lieutenants (junior grade); ensigns; chief warrant
officers; cadets; warrant officers; and enlisted members.
Enlisted members shall be distributed in ratings established by
the Secretary.
* * * * * * *
Sec. 46. Retirement of Commandant
(a) A Commandant who is not reappointed shall be retired with
the grade of admiral at the expiration of the appointed term,
except as provided in [subsection] section 51(d) of this title.
(b) A Commandant who is retired for physical disability shall
be placed on the retired list with the grade of admiral.
(c) An officer who is retired prior to the expiration of his
term, while serving as Commandant, may, in the discretion of
the President, be retired with the grade of admiral.
Sec. 47. Vice [commandant] Commandant; appointment
The President may appoint, by and with the advice and consent
of the Senate, one Vice Commandant who shall rank next after
the Commandant, shall perform such duties as the Commandant may
prescribe and shall act as Commandant during the absence or
disability of the Commandant or in the event that there is a
vacancy in the office of Commandant. The Vice Commandant shall
be selected from the officers on the active duty promotion list
serving above the grade of captain. The Commandant shall make
recommendation for such appointment. The Vice Commandant shall,
while so serving, have the grade of [vice admiral] admiral with
pay and allowances of that grade. The appointment and grade of
a Vice Commandant shall be effective on the date the officer
assumes that duty, and shall terminate on the date the officer
is detached from that duty, except as provided in section 51(d)
of this title.
Sec. 50. Vice admirals
(a)[(1) The President may designate no more than 4 positions
of importance and responsibility that shall be held by officers
who--
[(A) while so serving, shall have the grade
of vice admiral, with the pay and allowances of
that grade; and
[(B) shall perform such duties as the
Commandant may prescribe.]
(1) The President may--
(A) designate, within the Coast Guard, no more than 5
positions of importance and responsibility that shall
be held by officers who, while so serving, shall have
the grade of vice admiral, with the pay and allowances
of that grade, and shall perform such duties as the
Commandant may prescribe (if the President designates 5
such positions, 1 position shall be a Chief of Staff);
and
(B) designate, within the executive branch, other
than within the Coast Guard, positions of importance
and responsibility that shall be held by officers who,
while so serving, shall have the grade of vice admiral,
with the pay and allowances of that grade.
(2) The President may appoint, by and with the advice and
consent of the Senate, and reappoint, by and with the advice
and consent of the Senate, to any such position an officer of
the Coast Guard who is serving on active duty above the grade
of captain. The Commandant shall make recommendations for such
appointments.
(3)(A) Except as provided in subparagraph (B), one of the
vice admirals designated [under paragraph (1)] under paragraph
(1)(A) must have at least 10 years experience in vessel
inspection, marine casualty investigations, mariner licensing,
or an equivalent technical expertise in the design and
construction of commercial vessels, with at least 4 years of
leadership experience at a staff or unit carrying out marine
safety functions and shall serve as the principal advisor to
the Commandant on these issues.
(B) The requirements of subparagraph (A) do not apply to such
vice admiral if the subordinate officer serving in the grade of
rear admiral with responsibilities for marine safety, security,
and stewardship possesses that experience.
(b)(1) The appointment and the grade of vice admiral shall be
effective on the date the officer assumes that duty and, except
as provided in paragraph (2) of this subsection or in section
51(d) of this title, shall terminate on the date the officer is
detached from that duty.
(2) An officer who is appointed to a position designated
under subsection (a) shall continue to hold the grade of vice
admiral--
(A) while under orders transferring the officer to
another position designated under subsection (a),
beginning on the date the officer is detached from that
duty and terminating on the date before the day the
officer assumes the subsequent duty, but not for more
than 60 days;
(B) while hospitalized, beginning on the day of the
hospitalization and ending on the day the officer is
discharged from the hospital, but not for more than 180
days; [and]
(C) at the discretion of the Secretary, while
awaiting orders after being relieved from the position,
beginning on the day the officer is relieved from the
position, but not for more than 60 days; and
[(C)] (D) while awaiting retirement, beginning on the
date the officer is detached from duty and ending on
the day before the officer's retirement, but not for
more than 60 days.
(c)(1) An appointment of an officer under subsection (a) does
not vacate the permanent grade held by the officer.
(2) An officer serving in a grade above rear admiral who
holds the permanent grade of rear admiral (lower half) shall be
considered for promotion to the permanent grade of rear admiral
as if the officer was serving in the officer's permanent grade.
(d) Whenever a vacancy occurs in a position designated under
subsection (a), the Commandant shall inform the President of
the qualifications needed by an officer serving in that
position or office to carry out effectively the duties and
responsibilities of that position or office.
Sec. 51. Retirement
(a) An officer, other than the Commandant, who, while serving
in the grade of admiral or vice admiral, is retired for
physical disability shall be placed on the retired list with
the highest grade in which that officer served.
(b) An officer, other than the Commandant, who is retired
while serving in the grade of admiral or vice admiral, or who,
after serving at least 2\1/2\ years in the grade of admiral or
vice admiral, is retired while serving in a lower grade, may in
the discretion of the President, be retired with the highest
grade in which that officer served.
(c) An officer, other than the Commandant, who, after serving
less than 2\1/2\ years in the grade of admiral or vice admiral,
is retired while serving in a lower grade, shall be retired in
his permanent grade.
(d) An officer serving in the grade of admiral or vice
admiral shall continue to hold that grade--
(1) while being processed for physical disability
retirement, beginning on the day of the processing and
ending on the day that officer is retired, but not for
more than 180 days; and
(2) while awaiting retirement, beginning on the day
that officer is relieved from the position of
Commandant, Vice Commandant, or Vice Admiral and ending
on the day before the officer's retirement, but not for
more than 60 days.
* * * * * * *
CHAPTER 5--FUNCTIONS AND POWERS
* * * * * * *
Sec. 93. Commandant; general powers
(a) For the purpose of executing the duties and functions of
the Coast Guard the Commandant may:
(1) maintain water, land, and air patrols, and ice-
breaking facilities;
(2) establish and prescribe the purpose of, change
the location of, consolidate, discontinue, re-
establish, maintain, operate, and repair Coast Guard
shore establishments;
(3) assign vessels, aircraft, vehicles, aids to
navigation, equipment, appliances, and supplies to
Coast Guard districts and shore establishments, and
transfer any of the foregoing from one district or
shore establishment to another;
(4) conduct experiments and investigate, or cause to
be investigated, plans, devices, and inventions
relating to the performance of any Coast Guard
function, including research, development, test, or
evaluation related to intelligence systems and
capabilities;
(5) conduct any investigations or studies that may be
of assistance to the Coast Guard in the performance of
any of its powers, duties, or functions;
(6) collect, publish, and distribute information
concerning Coast Guard operations;
(7) conduct or make available to personnel of the
Coast Guard, and to eligible spouses as defined under
section 542, such specialized training and courses of
instruction, including correspondence courses and the
textbooks, manuals, and other materials required as
part of such training or course of instruction, as may
be necessary or desirable for the good of the service;
(8) design or cause to be designed, cause to be
constructed, accept as gift, or otherwise acquire
patrol boats and other small craft, equip, operate,
maintain, supply, and repair such patrol boats, other
small craft, aircraft, and vehicles, and subject to
applicable regulations under subtitle I of title 40 and
title III of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 251 et seq.) dispose of
them;
(9) acquire, accept as gift, maintain, repair, and
discontinue aids to navigation, appliances, equipment,
and supplies;
(10) equip, operate, maintain, supply, and repair
Coast Guard districts and shore establishments;
(11) establish, equip, operate, and maintain shops,
depots, and yards for the manufacture and construction
of aids to navigation, equipment, apparatus, vessels,
vehicles, and aircraft not normally or economically
obtainable from private contractors, and for the
maintenance and repair of any property used by the
Coast Guard;
(12) accept and utilize, in times of emergency in
order to save life or protect property, such voluntary
services as may be offered to the Coast Guard;
(13) rent or lease, under such terms and conditions
as are deemed advisable, for a period not exceeding
five years, such real property under the control of the
Coast Guard as may not be required for immediate use by
the Coast Guard, the monies received from any such
rental or lease, less amount of expenses incurred
(exclusive of governmental personal services), to be
deposited in the fund established under section 687;
(14) grant, under such terms and conditions as are
deemed advisable, permits, licenses, easements, and
rights-of-way over, across, in, and upon lands under
the control of the Coast Guard when in the public
interest and without substantially injuring the
interests of the United States in the property thereby
affected;
(15) establish, install, abandon, re-establish,
reroute, operate, maintain, repair, purchase, or lease
such telephone and telegraph lines and cables, together
with all facilities, apparatus, equipment, structures,
appurtenances, accessories, and supplies used or useful
in connection with the installation, operation,
maintenance, or repair of such lines and cables,
including telephones in residences leased or owned by
the Government of the United States when appropriate to
assure efficient response to extraordinary operational
contingencies of a limited duration, and acquire such
real property rights of way, easements, or attachment
privileges as may be required for the installation,
operation, and maintenance of such lines, cables, and
equipment;
(16) establish, install, abandon, reestablish, change
the location of, operate, maintain, and repair radio
transmitting and receiving stations;
(17) provide medical and dental care for personnel
entitled thereto by law or regulation, including care
in private facilities;
(18) accept, under terms and conditions the
Commandant establishes, the service of an individual
ordered to perform community service under the order of
a Federal, State, or municipal court;
(19) notwithstanding any other law, enter into
cooperative agreements with States, local governments,
non-governmental organizations, and individuals, to
accept and utilize voluntary services for the
maintenance and improvement of natural and historic
resources on, or to benefit natural and historic
research on, Coast Guard facilities, subject to the
requirement that--
(A) the cooperative agreements shall each
provide for the parties to contribute funds or
services on a matching basis to defray the
costs of such programs, projects, and
activities under the agreement; and
(B) a person providing voluntary services
under this subsection shall not be considered a
Federal employee except for purposes of chapter
81 of title 5, United States Code, with respect
to compensation for work-related injuries, and
chapter 171 of title 28, United States Code,
with respect to tort claims;
(20) enter into cooperative agreements with other
Government agencies and the National Academy of
Sciences;
(21) require that any member of the Coast Guard or
Coast Guard Reserve (including a cadet or an applicant
for appointment or enlistment to any of the foregoing
and any member of a uniformed service who is assigned
to the Coast Guard) request that all information
contained in the National Driver Register pertaining to
the individual, as described in section 30304(a) of
title 49, be made available to the Commandant under
section 30305(a) of title 49, may receive that
information, and upon receipt, shall make the
information available to the individual;
(22) provide for the honorary recognition of
individuals and organizations that significantly
contribute to Coast Guard programs, missions, or
operations, including State and local governments and
commercial and nonprofit organizations, and pay for,
using any appropriations or funds available to the
Coast Guard, plaques, medals, trophies, badges, and
similar items to acknowledge such contribution
(including reasonable expenses of ceremony and
presentation);
(23) rent or lease, under such terms and conditions
as are considered by the Secretary to be advisable,
commercial vehicles to transport the next of kin of
eligible retired Coast Guard military personnel to
attend funeral services of the service member at a
national cemetery; and
(24) after informing the Secretary, make such
recommendations to the Congress relating to the Coast
Guard as the Commandant considers appropriate.
(b)(1) Notwithstanding subsection (a)(13), a lease described
in paragraph (2) of this subsection may be for a term of up to
20 years.
(2) A lease referred to in paragraph (1) is a lease--
(A) to the United States Coast Guard Academy Alumni
Association for the construction of an Alumni Center on
the grounds of the United States Coast Guard Academy;
or
(B) to an entity with which the Commandant has a
cooperative agreement under section 4(e) of the Ports
and Waterways Safety Act, and for which a term longer
than 5 years is necessary to carry out the agreement.
(c) Marine Safety Responsibilities.--In exercising the
Commandant's duties and responsibilities with regard to marine
safety, the individual with the highest rank who meets the
experience qualifications set forth in section 50(a)(3) shall
serve as the principal advisor to the Commandant regarding--
(1) the operation, regulation, inspection,
identification, manning, and measurement of vessels,
including plan approval and the application of load
lines;
(2) approval of materials, equipment, appliances, and
associated equipment;
(3) the reporting and investigation of marine
casualties and accidents;
(4) the licensing, certification, documentation,
protection and relief of merchant seamen;
(5) suspension and revocation of licenses and
certificates;
(6) enforcement of manning requirements, citizenship
requirements, control of log books;
(7) documentation and numbering of vessels;
(8) State boating safety programs;
(9) commercial instruments and maritime liens;
(10) the administration of bridge safety;
(11) administration of the navigation rules;
(12) the prevention of pollution from vessels;
(13) ports and waterways safety;
(14) waterways management; including regulation for
regattas and marine parades;
(15) aids to navigation; and
(16) other duties and powers of the Secretary related
to marine safety and stewardship.
(d) Other Authority Not Affected.--Nothing in subsection (c)
affects--
(1) the authority of Coast Guard officers and members
to enforce marine safety regulations using authority
under section 89 of this title; or
(2) the exercise of authority under section 91 of
this title and the provisions of law codified at
sections 191 through 195 of title 50 on the date of
enactment of this paragraph.
(e) Operation and Maintenance of Coast Guard Assets and
Facilities.--All authority, including programmatic budget
authority, for the operation and maintenance of Coast Guard
vessels, aircraft, systems, aids to navigation, infrastructure,
and other assets or facilities shall be allocated to and vested
in the Coast Guard and the department in which the Coast Guard
is operating.
(f) Leasing of Tidelands and Submerged Lands.--
(1) Authority.--The Commandant may lease under
subsection (a)(13) submerged lands and tidelands under
the control of the Coast Guard without regard to the
limitation under that subsection with respect to lease
duration.
[(2) Limitation.--The Commandant may lease submerged
lands and tidelands under paragraph (1) only if--
[(A) lease payments are--
[(i) received exclusively in the form
of cash;
[(ii) equal to the fair market value
of the use of the leased submerged
lands or tidelands for the period
during which such lands are leased, as
determined by the Commandant; and
[(iii) deposited in the fund
established under section 687; and
[(B) the lease does not provide authority to
or commit the Coast Guard to use or support any
improvements to such submerged lands or
tidelands, or obtain goods or services from the
lessee.]
(2) Limitation.--The Commandant may lease submerged
lands and tidelands under paragraph (1) only if--
(A) the lease is for cash exclusively;
(B) the lease amount is equal to the fair
market value of the use of the leased submerged
lands or tidelands for the period during which
such lands are leased, as determined by the
Commandant;
(C) the lease does not provide authority to
or commit the Coast Guard to use or support any
improvements to such submerged lands and
tidelands, or obtain goods and services from
the lessee; and
(D) proceeds from the lease are deposited in
the Coast Guard Housing Fund established under
section 687.
CHAPTER 9--COAST GUARD ACADEMY
Sec.
181. Administration of Academy.
* * * * * * *
[199. Marine Safety curriculum.]
199. Marine safety curriculum.
* * * * * * *
CHAPTER 11--PERSONNEL
* * * * * * *
Sec. 427. Prohibition of certain involuntary administrative separations
(a) In General.--Except as provided in subsection (b), the
Secretary may not authorize the involuntary administrative
separation of a covered individual based on a determination
that the covered individual is unsuitable for deployment or
other assignment due to a medical condition of the covered
individual considered by a Physical Evaluation Board during an
evaluation of the covered individual that resulted in the
covered individual being determined to be fit for duty.
(b) Reevaluation.--
(1) In general.--The Secretary may require a Physical
Evaluation Board to reevaluate any covered individual
if the Secretary determines there is reason to believe
that a medical condition of the covered individual
considered by a Physical Evaluation Board during an
evaluation of the covered individual renders the
covered individual unsuitable for continued duty.
(2) Retirements and separations.--A covered
individual who is determined, based on a reevaluation
under paragraph (1), to be unfit to perform the duties
of the covered individual's office, grade, rank, or
rating may be retired or separated for physical
disability under [this chapter] chapter 61 of title 10.
(c) Covered Individual Defined.--In this section, the term
``covered individual'' means any member of the Coast Guard who
has been determined by a Physical Evaluation Board, pursuant to
a physical evaluation by that board, to be fit for duty.
* * * * * * *
CHAPTER 13--PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS
Sec.
[461. Remission of indebtedness of enlisted members upon discharge.]
461. Remission of indebtedness.
* * * * * * *
[Sec. 461. Remission of indebtedness of enlisted members upon discharge
[If he considers it in the best interest of the United
States, the Secretary may have remitted or canceled any part of
an enlisted member's indebtedness to the United States or any
of its instrumentalities remaining unpaid before or at the time
of, that member's honorable discharge.]
Sec. 461. Remission of indebtedness
The Secretary may have remitted or cancelled any part of a
person's indebtedness to the United States or any
instrumentality of the United States if--
(1) the indebtedness was incurred while the person
served on active duty as a member of the Coast Guard;
and
(2) the Secretary determines that remitting or
cancelling the indebtedness is in the best interest of
the United States.
* * * * * * *
CHAPTER 15--ACQUISITIONS
Sec.
561. Acquisition directorate.
* * * * * * *
[569a. Major acquisitions.]
SUBCHAPTER II--IMPROVED ACQUISITION PROCESS AND PROCEDURES
[Sec.]
571. Identification of major system acquisitions.
* * * * * * *
SUBCHAPTER III--DEFINITIONS
* * * * * * *
Subchapter I--GENERAL PROVISIONS
* * * * * * *
Sec. 569. Mission need statement
(a) In General.--On the date on which the President submits
to Congress a budget for fiscal year 2016 under section 1105 of
title 31, on the date on which the President submits to
Congress a budget for fiscal year 2019 under such section, and
every 4 years thereafter, the Commandant 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 an integrated major acquisition
mission need statement.
(b) Definitions.--In this section, the following definitions
apply:
(1) Integrated major acquisition mission need
statement.--The term ``integrated major acquisition
mission need statement'' means a document that--
(A) identifies current and projected gaps in
Coast Guard mission capabilities using mission
hour targets;
(B) explains how each major acquisition
program addresses gaps identified under
subparagraph (A) if funded at the levels
provided for such program in the most recently
submitted capital investment plan; and
(C) describes the missions the Coast Guard
will not be able to achieve, by fiscal year,
for each gap identified under subparagraph (A).
(2) Major acquisition program.--The term ``major
acquisition program'' has the meaning given that term
[in section 569a(e)] in section 2903.
(3) Capital investment plan.--The term ``capital
investment plan'' means the plan required [under
section 663(a)(1)] under section 2902(a)(1).
Subchapter II--IMPROVED ACQUISITION PROCESS AND PROCEDURES
* * * * * * *
Sec. 572. Acquisition
(a) In General.--The Commandant may not establish a Level 1
or Level 2 acquisition project or program until the
Commandant--
(1) clearly defines the operational requirements for
the project or program;
(2) establishes the feasibility of alternatives;
(3) develops an acquisition project or program
baseline;
(4) produces a life-cycle cost estimate; and
(5) assesses the relative merits of alternatives to
determine a preferred solution in accordance with the
requirements of this section.
(b) Submission Required Before Proceeding.--Any Coast Guard
Level 1 or Level 2 acquisition project or program may not begin
to obtain any capability or asset or proceed beyond that phase
of its development that entails approving the supporting
acquisition until the Commandant submits to the appropriate
congressional committees the following:
(1) The key performance parameters, the key system
attributes, and the operational performance attributes
of the capability or asset to be acquired under the
proposed acquisition project or program.
(2) A detailed list of the systems or other
capabilities with which the capability or asset to be
acquired is intended to be interoperable, including an
explanation of the attributes of interoperability.
(3) The anticipated acquisition project or program
baseline and acquisition unit cost for the capability
or asset to be acquired under the project or program.
(4) A detailed schedule for the acquisition process
showing when all capability and asset acquisitions are
to be completed and when all acquired capabilities and
assets are to be initially and fully deployed.
(c) Analysis of Alternatives.--
(1) In general.--The Coast Guard may not acquire an
experimental or technically immature capability or
asset or implement a Level 1 or Level 2 acquisition
project or program, unless it has prepared an analysis
of alternatives for the capability or asset to be
acquired in the concept and technology development
phase of the acquisition process for the capability or
asset.
(2) Requirements.--The analysis of alternatives shall
be prepared by a federally funded research and
development center, a qualified entity of the
Department of Defense, or a similar independent third-
party entity that has appropriate acquisition expertise
and has no financial interest in any part of the
acquisition project or program that is the subject of
the analysis. At a minimum, the analysis of
alternatives shall include--
(A) an assessment of the technical maturity
of the capability or asset, and technical and
other risks;
(B) an examination of capability,
interoperability, and other advantages and
disadvantages;
(C) an evaluation of whether different
combinations or quantities of specific assets
or capabilities could meet the Coast Guard's
overall performance needs;
(D) a discussion of key assumptions and
variables, and sensitivity to change in such
assumptions and variables;
(E) when an alternative is an existing
capability, asset, or prototype, an evaluation
of relevant safety and performance records and
costs;
(F) a calculation of life-cycle costs
including--
(i) an examination of likely research
and development costs and the levels of
uncertainty associated with such
estimated costs;
(ii) an examination of likely
production and deployment costs and the
levels of uncertainty associated with
such estimated costs;
(iii) an examination of likely
operating and support costs and the
levels of uncertainty associated with
such estimated costs;
(iv) if they are likely to be
significant, an examination of likely
disposal costs and the levels of
uncertainty associated with such
estimated costs; and
(v) such additional measures as the
Commandant or the Secretary of the
department in which the Coast Guard is
operating determines to be necessary
for appropriate evaluation of the
capability or asset; and
(G) the business case for each viable
alternative.
(d) Test and Evaluation Master Plan.--
(1) In general.--For any Level 1 or Level 2
acquisition project or program the Chief Acquisition
Officer must approve a test and evaluation master plan
specific to the acquisition project or program for the
capability, asset, or subsystems of the capability or
asset and intended to minimize technical, cost, and
schedule risk as early as practicable in the
development of the project or program.
(2) Test and evaluation strategy.--The master plan
shall--
(A) set forth an integrated test and
evaluation strategy that will verify that
capability-level or asset-level and subsystem-
level design and development, including
performance and supportability, have been
sufficiently proven before the capability,
asset, or subsystem of the capability or asset
is approved for production; and
(B) require that adequate developmental tests
and evaluations and operational tests and
evaluations established under subparagraph (A)
are performed to inform production decisions.
(3) Other components of the master plan.--At a
minimum, the master plan shall identify--
(A) the key performance parameters to be
resolved through the integrated test and
evaluation strategy;
(B) the performance data to be used to
determine whether the key performance
parameters have been resolved;
[(B)] (C) critical operational issues to be
assessed in addition to the key performance
parameters;
(D) the results during test and evaluation
that will be required to demonstrate that a
capability, asset, or subsystem meets
performance requirements;
[(C)] (E) specific development test and
evaluation phases and the scope of each phase;
[(D)] (F) modeling and simulation activities
to be performed, if any, and the scope of such
activities;
[(E)] (G) early operational assessments to be
performed, if any, and the scope of such
assessments;
[(F)] (H) operational test and evaluation
phases;
[(G)] (I) an estimate of the resources,
including funds, that will be required for all
test, evaluation, assessment, modeling, and
simulation activities; and
[(H)] (J) the Government entity or
independent entity that will perform the test,
evaluation, assessment, modeling, and
simulation activities.
(4) Update.--The Chief Acquisition Officer must
approve an updated master plan whenever there is a
revision to project or program test and evaluation
strategy, scope, or phasing.
(5) Limitation.--The Coast Guard may not--
(A) proceed beyond that phase of the
acquisition process that entails approving the
supporting acquisition of a capability or asset
before the master plan is approved by the Chief
Acquisition Officer; or
(B) award any production contract for a
capability, asset, or subsystem for which a
master plan is required under this subsection
before the master plan is approved by the Chief
Acquisition Officer.
(e) Life-Cycle Cost Estimates.--
(1) In general.--The Commandant shall implement
mechanisms to ensure the development and regular
updating of life-cycle cost estimates for each
acquisition with a total acquisition cost that equals
or exceeds $10,000,000 and an expected service life of
10 or more years, and to ensure that these estimates
are considered in decisions to develop or produce new
or enhanced capabilities and assets.
(2) Types of estimates.--In addition to life-cycle
cost estimates that may be developed by acquisition
program offices, the Commandant shall require that an
independent life-cycle cost estimate be developed for
each Level 1 or Level 2 acquisition project or program.
(3) Required updates.--For each Level 1 or Level 2
acquisition project or program the Commandant shall
require that life-cycle cost estimates shall be updated
before each milestone decision is concluded and the
project or program enters a new acquisition phase.
Sec. 573. Preliminary development and demonstration
(a) In General.--The Commandant shall ensure that
developmental test and evaluation, operational test and
evaluation, life-cycle cost estimates, and the development and
demonstration requirements applied by this chapter to
acquisition projects and programs are met to confirm that the
projects or programs meet the requirements identified in the
mission-analysis and affordability assessment prepared under
section 571(a)(2), the operational requirements developed under
section 572(a)(1) and the following development and
demonstration objectives:
(1) To demonstrate that the design, manufacturing,
and production solution is based upon a stable,
producible, and cost-effective product design.
(2) To ensure that the product capabilities meet
contract specifications, acceptable operational
performance requirements, and system security
requirements.
(3) To ensure that the product design is mature
enough to commit to full production and deployment.
(b) Tests and Evaluations.--
(1) In general.--The Commandant shall ensure that the
Coast Guard conducts developmental tests and
evaluations and operational tests and evaluations of a
capability or asset and the subsystems of the
capability or asset in accordance with the master plan
prepared for the capability or asset under section
572(d)(1).
(2) Use of third parties.--The Commandant shall
ensure that the Coast Guard uses independent third
parties with expertise in testing and evaluating the
capabilities or assets and the subsystems of the
capabilities or assets being acquired to conduct
developmental tests and evaluations and operational
tests and evaluations whenever the Coast Guard lacks
the capability to conduct the tests and evaluations
required by a master plan.
(3) Communication of safety concerns.--The Commandant
shall require that safety concerns identified during
developmental or operational tests and evaluations or
through independent or Government-conducted design
assessments of capabilities or assets and subsystems of
capabilities or assets to be acquired by the Coast
Guard shall be communicated as soon as practicable, but
not later than 30 days after the completion of the test
or assessment event or activity that identified the
safety concern, to the program manager for the
capability or asset and the subsystems concerned and to
the Chief Acquisition Officer.
(4) Reporting of safety concerns.--Any safety
concerns that have been reported to the Chief
Acquisition Officer for an acquisition program or
project shall be reported by the Commandant to the
appropriate congressional committees at least 90 days
before the award of any contract or issuance of any
delivery order or task order for low, initial, or full-
rate production of the capability or asset concerned if
they will remain uncorrected or unmitigated at the time
such a contract is awarded or delivery order or task
order is issued. The report shall include a
justification for the approval of that level of
production of the capability or asset before the safety
concerns are corrected or mitigated. The report shall
also include an explanation of the actions that will be
taken to correct or mitigate the safety concerns, the
date by which those actions will be taken, and the
adequacy of current funding to correct or mitigate the
safety concerns.
(5) Asset already in low, initial, or full-rate
production.--If operational test and evaluation of a
capability or asset already in low, initial, or full-
rate production identifies a safety concern with the
capability or asset or any subsystems of the capability
or asset not previously identified during developmental
or operational test and evaluation, the Commandant
shall--
(A) notify the program manager and the Chief
Acquisition Officer of the safety concern as
soon as practicable, but not later than 30 days
after the completion of the test and evaluation
event or activity that identified the safety
concern; and
(B) notify the Chief Acquisition Officer and
include in such notification--
(i) an explanation of the actions
that will be taken to correct or
mitigate the safety concern in all
capabilities or assets and subsystems
of the capabilities or assets yet to be
produced, and the date by which those
actions will be taken;
(ii) an explanation of the actions
that will be taken to correct or
mitigate the safety concern in
previously produced capabilities or
assets and subsystems of the
capabilities or assets, and the date by
which those actions will be taken; and
(iii) an assessment of the adequacy
of current funding to correct or
mitigate the safety concern in
capabilities or assets and subsystems
of the capabilities or assets and in
previously produced capabilities or
assets and subsystems.
(c) Technical Certification.--
(1) In general.--The Commandant shall ensure that any
Level 1 or Level 2 acquisition project or program is
certified by the technical authority of the Coast Guard
after review by an independent third party with
capabilities in the mission area, asset, or particular
asset component.
(2) TEMPEST testing.--The Commandant shall--
(A) cause all electronics on all aircraft,
surface, and shore capabilities and assets that
require TEMPEST certification and that are
delivered after the date of enactment of the
Coast Guard Authorization Act of 2010 to be
tested in accordance with TEMPEST standards and
communications security (comsec) standards by
an independent third party that is authorized
by the Federal Government to perform such
testing; and
(B) certify that the assets meet all
applicable TEMPEST requirements.
(3) Cutter classification.--
(A) In general.--The Commandant shall cause
each cutter, other than a National Security
Cutter, acquired by the Coast Guard and
delivered after the date of enactment of the
Coast Guard Authorization Act of 2010 to be
classed by the American Bureau of Shipping
before final acceptance and shall maintain such
cutter in class.
(4) Other vessels.--The Commandant shall cause the
design and construction of each National Security
Cutter, other than National Security Cutters 1, 2, and
3, to be assessed by an independent third party with
expertise in vessel design and construction
certification.
(5) Aircraft airworthiness.--The Commandant shall
cause all aircraft and aircraft engines acquired by the
Coast Guard and delivered after the date of enactment
of the Coast Guard Authorization Act of 2010 to be
assessed for airworthiness by an independent third
party with expertise in aircraft and aircraft engine
certification before final acceptance.
* * * * * * *
Subchapter III--DEFINITIONS
Sec. 581. Definitions
In this chapter:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
(2) Chief acquisition officer.--The term ``Chief
Acquisition Officer'' means the officer appointed under
section 56 of this title.
(3) Commandant.--The term ``Commandant'' means the
Commandant of the Coast Guard.
(4) Level 1 acquisition.--The term ``Level 1
acquisition'' means--
(A) an acquisition by the Coast Guard--
(i) the estimated life-cycle costs of
which exceed $1,000,000,000; or
(ii) the estimated total acquisition
costs of which exceed $300,000,000; or
(B) any acquisition that the Chief
Acquisition Officer of the Coast Guard
determines to have a special interest--
(i) due to--
(I) the experimental or
technically immature nature of
the asset;
(II) the technological
complexity of the asset;
(III) the commitment of
resources; or
(IV) the nature of the
capability or set of
capabilities to be achieved; or
(ii) because such acquisition is a
joint acquisition.
(5) Level 2 acquisition.--The term ``Level 2
acquisition'' means an acquisition by the Coast Guard--
(A) the estimated life-cycle costs of which
are equal to or less than $1,000,000,000, but
greater than $300,000,000; or
(B) the estimated total acquisition costs of
which are equal to or less than
[$300,000,0000,] $300,000,000, but greater than
$100,000,000.
(6) Life-cycle cost.--The term ``life-cycle cost''
means all costs for development, procurement,
construction, and operations and support for a
particular capability or asset, without regard to
funding source or management control.
(7) Project or program manager defined.--The term
``project or program manager'' means an individual
designated--
(A) to develop, produce, and deploy a new
asset to meet identified operational
requirements; and
(B) to manage cost, schedule, and performance
of the acquisition, project, or program.
(8) Safety concern.--The term ``safety concern''
means any hazard associated with a capability or asset
or a subsystem of a capability or asset that is likely
to cause serious bodily injury or death to a typical
Coast Guard user in testing, maintaining, repairing, or
operating the capability, asset, or subsystem or any
hazard associated with the capability, asset, or
subsystem that is likely to cause major damage to the
capability, asset, or subsystem during the course of
its normal operation by a typical Coast Guard user.
(9) Developmental test and evaluation.--The term
``developmental test and evaluation'' means--
(A) the testing of a capability or asset and
the subsystems of the capability or asset to
determine whether they meet all contractual
performance requirements, including technical
performance requirements, supportability
requirements, and interoperability requirements
and related specifications; and
(B) the evaluation of the results of such
testing.
(10) Operational test and evaluation.--The term
``operational test and evaluation'' means--
(A) the testing of a capability or asset and
the subsystems of the capability or asset,
under conditions similar to those in which the
capability or asset and subsystems will
actually be deployed, for the purpose of
determining the effectiveness and suitability
of the capability or asset and subsystems for
use by typical Coast Guard users to conduct
those missions for which the capability or
asset and subsystems are intended to be used;
and
(B) the evaluation of the results of such
testing.
* * * * * * *
CHAPTER 17--ADMINISTRATION
Sec.
631. Delegation of powers by the Secretary.
* * * * * * *
[661. Authorization of personnel end strengths.
[662. Requirement for prior authorization of appropriations.
[662a. Transmission of annual Coast Guard authorization request.
[663. Capital investment plan.]
* * * * * * *
Sec. 637. Stopping vessels; indemnity for firing at or into vessel
(a)(1) Whenever any vessel liable to seizure or examination
does not stop on being ordered to do so or on being pursued by
an authorized vessel or authorized aircraft which has displayed
the ensign, pennant, or other identifying insignia prescribed
for an authorized vessel or authorized aircraft, the person in
command or in charge of the authorized vessel or authorized
aircraft may, subject to paragraph (2), fire at or into the
vessel which does not stop.
(2) Before firing at or into a vessel as authorized in
paragraph (1), the person in command or in charge of the
authorized vessel or authorized aircraft shall fire a gun as a
warning signal, except that the prior firing of a gun as a
warning signal is not required if that person determines that
the firing of a warning signal would unreasonably endanger
persons or property in the vicinity of the vessel to be
stopped.
(b) The person in command of an authorized vessel or
authorized aircraft and all persons acting under that person's
direction shall be indemnified from any penalties or actions
for damages for firing at or into a vessel pursuant to
subsection (a). If any person is killed or wounded by the
firing, and the person in command of the authorized vessel or
authorized aircraft or any person acting pursuant to their
orders is prosecuted or arrested therefor, they shall be
forthwith admitted to bail.
(c) A vessel or aircraft is an authorized vessel or
authorized aircraft for purposes of this section if--
(1) it is a Coast Guard vessel or aircraft;
(2) it is a surface naval vessel or military aircraft
on which one or more members of the Coast Guard are
assigned pursuant to section 379 of title 10; or
(3) it is any other vessel or aircraft on government
noncommercial service when--
(A) the vessel or aircraft is under the
tactical control of the Coast Guard; and
(B) at least one member of the Coast Guard is
assigned and conducting a Coast Guard mission
on the vessel or aircraft.
* * * * * * *
Sec. 641. Disposal of certain material
(a) The Commandant subject to applicable regulations under
subtitle I of title 40 and division C (except sections 3302,
3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41
may dispose of, with or without charge, to the Coast Guard
Auxiliary, including any incorporated unit thereof, to the sea-
scout service of the Boy Scouts of America, and to any public
body or private organization not organized for profit having an
interest therein for historical or other special reasons, such
obsolete or other material as may not be needed for the Coast
Guard.
(b) The Commandant may, under regulations prescribed by the
Secretary, sell apparatus or equipment manufactured by or in
use in the Coast Guard, which is not readily procurable in the
open market. The money received from such sale shall be
deposited in the Treasury to the credit of the current
appropriation from which purchase of similar apparatus or
equipment is authorized.
(c)(1) The Commandant may--
(A) provide for the sale of recyclable materials that
the Coast Guard holds;
(B) provide for the operation of recycling programs
at Coast Guard installations; and
(C) designate Coast Guard installations that have
qualified recycling programs for the purposes of
subsection (d)(2).
(2) Recyclable materials shall be sold in accordance with
sections 541-555 of title 40, except that the Commandant may
conduct sales of materials for which the proceeds of sale will
not exceed $5,000 under regulations prescribed by the
Commandant.
(d)(1) Proceeds from the sale of recyclable materials at a
Coast Guard installation shall be credited to funds available
for operations and maintenance at that installation in amounts
sufficient to cover operations, maintenance, recycling
equipment, and overhead costs for processing recyclable
materials at the installation.
(2) If, after funds are credited, a balance remains available
to a Coast Guard installation and the installation has a
qualified recycling program, not more than 50 percent of that
balance may be used at the installation for projects for
pollution abatement, energy conservation, and occupational
safety and health activities. The cost of the project may not
be greater than 50 percent of the amount permissible for a
minor construction project.
(3) The remaining balance available to a Coast [Guard,
installation] Guard installation may be transferred to the
Coast Guard Morale, Welfare, and Recreation Program.
(e) If the balance available to the Coast Guard installation
under this section at the end of a fiscal year is in excess of
$200,000, the amount of that excess shall be deposited in the
general fund of the Treasury as offsetting receipts of the
Department in which the Coast Guard is operating and ascribed
to Coast Guard activities.
* * * * * * *
CHAPTER 19--ENVIRONMENTAL COMPLIANCE AND RESTORATION PROGRAM
* * * * * * *
Sec. 691. Environmental Compliance and Restoration Program
(a) The Secretary shall carry out a program of environmental
compliance and restoration at current and former Coast Guard
facilities.
(b) Program goals include:
(1) Identifying, investigating, and cleaning up
contamination from hazardous substances and pollutants.
(2) Correcting other environmental damage that poses
an imminent and substantial danger to the public health
or welfare or to the environment.
(3) Demolishing and removing unsafe buildings and
structures, including buildings and structures at
former Coast Guard facilities.
(4) Preventing contamination from hazardous
substances and pollutants at current Coast Guard
facilities.
(c)(1) The Secretary shall respond to releases of hazardous
substances and pollutants--
(A) at each Coast Guard facility the United States
owns, leases, or otherwise possesses;
(B) at each Coast Guard facility the United States
owned, leased, or otherwise possessed when the actions
leading to contamination from hazardous substances or
pollutants occurred; and
(C) on each vessel the Coast Guard owns or operates.
(2) Paragraph (1) of this subsection does not apply to a
removal or remedial action when a potentially responsible
person responds under section 122 of the Comprehensive
Environmental Response, Compensation, and Liability Act (42
U.S.C. 9622).
(3) The Secretary shall pay a fee or charge imposed by a
[state] State authority for permit services for disposing of
hazardous substances or pollutants from Coast Guard facilities
to the same extent that nongovernmental entities are required
to pay for permit services. This paragraph does not apply to a
payment that is the responsibility of a lessee, contractor, or
other private person.
(d) The Secretary may agree with another Federal agency for
that agency to assist in carrying out the Secretary's
responsibilities under this chapter. The Secretary may enter
into contracts, cooperative agreements, and grant agreements
with State and local governments to assist in carrying out the
Secretary's responsibilities under this chapter. Services that
may be obtained under this subsection include identifying,
investigating, and cleaning up off-site contamination that may
have resulted from the release of a hazardous substance or
pollutant at a Coast Guard facility.
(e) Section 119 of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9619) applies to
response action contractors that carry out response actions
under this chapter. The Coast Guard shall indemnify response
action contractors to the extent that adequate insurance is not
generally available at a fair price at the time the contractor
enters into the contract to cover the contractor's reasonable,
potential, long-term liability.
* * * * * * *
PART II--COAST GUARD RESERVE AND AUXILIARY
* * * * * * *
CHAPTER 21--COAST GUARD RESERVE
SUBCHAPTER A
general
* * * * * * *
Sec.
701. Organization.
* * * * * * *
[709. Reserve student aviation pilots; reserve aviation pilots;
appointments in commissioned grade.]
709. Reserve student aviation pilots; Reserve aviation pilots;
appointments in commissioned grade.
* * * * * * *
SUBCHAPTER B
commissioned officers
* * * * * * *
[740. Failure of selection and removal from active status.]
740. Failure of selection and removal from an active status.
* * * * * * *
Subchapter B--Commissioned Officers
* * * * * * *
Sec. 742. Maximum ages for retention in an active status
(a) A Reserve officer, if qualified, shall be transferred to
the Retired Reserve on the day the officer becomes 60 years of
age unless on active duty. If not qualified for retirement, a
Reserve officer shall be discharged effective upon the day the
officer becomes 60 years of age unless on active duty.
(b) A Reserve officer on active duty shall, if qualified, be
retired effective upon the day the officer become 62 years of
age. If not qualified for retirement, a Reserve officer on
active duty shall be discharged effective upon the day the
officer becomes 62 years of age.
(c) Notwithstanding [subsection] subsections (a) and (b), the
Secretary may authorize the retention of a Reserve rear admiral
or rear admiral (lower half) in an active status not longer
than the day on which the officer concerned becomes 64 years of
age.
(d) For purposes of this section, ``active duty'' does not
include active duty for training, duty on a board, or duty of a
limited or temporary nature if assigned to active duty from an
inactive duty status.
* * * * * * *
CHAPTER 23--COAST GUARD AUXILIARY
Sec. 821. Administration of the Coast Guard Auxiliary
(a) The Coast Guard Auxiliary is a nonmilitary organization
administered by the Commandant under the direction of the
Secretary. For command, control, and administrative purposes,
the Auxiliary shall include such organizational elements and
units as are approved by the Commandant, including but not
limited to, a national board and staff (to be known as the
``Auxiliary headquarters unit''), districts, regions,
divisions, flotillas, and other organizational elements and
units. The Auxiliary organization and its officers shall have
such rights, privileges, powers, and duties as may be granted
to them by the Commandant, consistent with this title and other
applicable provisions of law. The Commandant may delegate to
officers of the Auxiliary the authority vested in the
Commandant by this section, in the manner and to the extent the
Commandant considers necessary or appropriate for the
functioning, organization, and internal administration of the
Auxiliary.
(b) Each organizational element or unit of the Coast Guard
Auxiliary organization (but excluding any corporation formed by
an organizational element or unit of the Auxiliary under
subsection (c) of this section), shall, except when acting
outside the scope of section 822, at all times be deemed to be
an instrumentality of the United States, for purposes of the
following:
(1) [Chapter 26] Chapter 171 of title 28 (popularly
known as the Federal Tort Claims Act).
(2) Section 2733 of title 10 (popularly known as the
Military Claims Act).
(3) Section 30101 of title 46 (popularly known as the
Admiralty Extension Act).
(4) Chapter 309 of title 46 (known as the Suits in
Admiralty Act).
(5) Chapter 311 of title 46 (known as the Public
Vessels Act).
(6) Other matters related to noncontractual civil
liability.
(c) The national board of the Auxiliary, and any Auxiliary
district or region, may form a corporation under State law in
accordance with policies established by the Commandant.
(d)(1) Except as provided in paragraph (2), personal property
of the auxiliary shall not be considered property of the United
States.
(2) The Secretary may treat personal property of the
auxiliary as property of the United States--
(A) for the purposes of--
(i) the statutes and matters referred to in
paragraphs (1) through (6) of subsection (b);
and
(ii) section 641 of this title; and
(B) as otherwise provided in this chapter.
(3) The Secretary may reimburse the Auxiliary, and each
organizational element and unit of the Auxiliary, for necessary
expenses of operation, maintenance, and repair or replacement
of personal property of the Auxiliary.
(4) In this subsection, the term ``personal property of the
Auxiliary'' means motor boats, yachts, aircraft, radio
stations, motorized vehicles, trailers, or other equipment that
is under the administrative jurisdiction of the Coast Guard
Auxiliary or an organizational element or unit of the Auxiliary
and that is used solely for the purposes described in this
subsection.
Sec. 822. Purpose of the Coast Guard Auxiliary
[The purpose] (a) In General._The purpose of the Auxiliary
is to assist the Coast Guard as authorized by the Commandant,
in performing any Coast Guard function, power, duty, role,
mission, or operation authorized by law.
(b) Limitation.--The Auxiliary may conduct a patrol of a
waterway, or a portion thereof, only if--
(1) the Commandant has determined such waterway, or
portion thereof, is navigable for purposes of the
jurisdiction of the Coast Guard; or
(2) a State or other proper authority has requested
such patrol pursuant to section 141 of this title or
section 13109 of title 46.
* * * * * * *
Sec. 823a. Members of the Auxiliary; status
(a) Except as otherwise provided in this chapter, a member of
the Coast Guard Auxiliary shall not be considered to be a
Federal employee and shall not be subject to the provisions of
law relating to Federal employment, including those relating to
hours of work, rates of compensation, leave, unemployment
compensation, Federal employee benefits, ethics, conflicts of
interest, and other similar criminal or civil statutes and
regulations governing the conduct of Federal employees.
However, nothing in this subsection shall constrain the
Commandant from prescribing standards for the conduct and
behavior of members of the Auxiliary.
(b) A member of the Auxiliary while assigned to duty shall be
deemed to be a Federal employee only for the purposes of the
following:
(1) [Chapter 26] Chapter 171 of title 28 (popularly
known as the Federal Tort Claims Act).
(2) Section 2733 of title 10 (popularly known as the
Military Claims Act).
(3) Section 30101 of title 46 (popularly known as the
Admiralty Extension Act).
(4) Chapter 309 of title 46 (known as the Suits in
Admiralty Act).
(5) Chapter 311 of title 46 (known as the Public
Vessels Act).
(6) Other matters related to noncontractual civil
liability.
(7) Compensation for work injuries under chapter 81
of title 5.
(8) The resolution of claims relating to damage to or
loss of personal property of the member incident to
service under the Military Personnel and Civilian
Employees' Claims Act of 1964 (31 U.S.C. 3721).
(9) On or after January 1, 2001, section 651 of
Public Law 104-208.
(c) A member of the Auxiliary, while assigned to duty, shall
be deemed to be a person acting under an officer of the United
States or an agency thereof for purposes of section 1442(a)(1)
of title 28.
* * * * * * *
PART III--
Chap. Sec.
Authorizations................................................2701
Reports.......................................................2901
CHAPTER 27--
Sec.
2701. Requirement for prior authorization of appropriations.
2702. Authorization of appropriations.
2703. Authorization of personnel end strengths.
2704. Authorized levels of military strength and training.
Sec. [662.] 2701. Requirement for prior authorization of
appropriations
Amounts may be appropriated to or for the use of the Coast
Guard for the following matters only if the amounts have been
authorized by law after December 31, 1976:
[(1) For the operation and maintenance of the Coast
Guard.
[(2) For the acquisition, construction, rebuilding,
and improvement of aids to navigation, shore or
offshore establishments, vessels, or aircraft,
including equipment related to the aids,
establishments, vessels, or aircraft.
[(3) For altering obstructive bridges.
[(4) For research, development, test, or evaluation
related to intelligence systems and capabilities or a
matter referred to in clauses (1)-(3).
[(5) For environmental compliance and restoration at
Coast Guard facilities.]
(1) For the operation and maintenance of the Coast
Guard, not otherwise provided for.
(2) For the acquisition, construction, renovation,
and improvement of aids to navigation, shore
facilities, vessels, and aircraft, including equipment
related thereto, and for maintenance, rehabilitation,
lease, and operation of facilities and equipment.
(3) For the Coast Guard Reserve program, including
operations and maintenance of the program, personnel
and training costs, equipment, and services.
(4) For the environmental compliance and restoration
functions of the Coast Guard under chapter 19 of this
title.
(5) For research, development, test, and evaluation
of technologies, materials, and human factors directly
related to improving the performance of the Coast
Guard.
(6) For alteration or removal of bridges over
navigable waters of the United States constituting
obstructions to navigation, and for personnel and
administrative costs associated with the Alteration of
Bridges Program.
Sec. 2702. Authorization of appropriations
Funds are authorized to be appropriated for each of fiscal
years 2016 and 2017 for necessary expenses of the Coast Guard
as follows:
(1) For the operation and maintenance of the Coast
Guard, not otherwise provided for--
(A) $6,981,036,000 for fiscal year 2016; and
(B) $6,981,036,000 for fiscal year 2017.
(2) For the acquisition, construction, renovation,
and improvement of aids to navigation, shore
facilities, vessels, and aircraft, including equipment
related thereto, and for maintenance, rehabilitation,
lease, and operation of facilities and equipment--
(A) $1,546,448,000 for fiscal year 2016; and
(B) $1,546,448,000 for fiscal year 2017.
(3) For the Coast Guard Reserve program, including
operations and maintenance of the program, personnel
and training costs, equipment, and services--
(A) $140,016,000 for fiscal year 2016; and
(B) $140,016,000 for fiscal year 2017.
(4) For the environmental compliance and restoration
functions of the Coast Guard under chapter 19 of this
title--
(A) $16,701,000 for fiscal year 2016; and
(B) $16,701,000 for fiscal year 2017.
(5) To the Commandant of the Coast Guard for
research, development, test, and evaluation of
technologies, materials, and human factors directly
related to improving the performance of the Coast
Guard's mission with respect to search and rescue, aids
to navigation, marine safety, marine environmental
protection, enforcement of laws and treaties, ice
operations, oceanographic research, and defense
readiness, and for maintenance, rehabilitation, lease,
and operation of facilities and equipment--
(A) $19,890,000 for fiscal year 2016; and
(B) $19,890,000 for fiscal year 2017.
Sec. [661.] 2703. Authorization of personnel end strengths
(a) For each fiscal year, Congress shall authorize the
strength for active duty personnel of the Coast Guard as of the
end of that fiscal year. Amounts may be appropriated for a
fiscal year to or for the use of active duty personnel of the
Coast Guard only if the end strength for active duty personnel
for that fiscal year has been authorized by law. If at the end
of any fiscal year there is in effect a declaration of war or
national emergency, the President may defer the effectiveness
of any end-strength limitation with respect to that fiscal year
prescribed by law for any military or civilian component of the
Coast Guard, for a period not to exceed 6 months after the end
of the war or termination of the national emergency.
(b)(1) Congress shall authorize the average military training
student loads for the Coast Guard for each fiscal year. That
authorization is required for student loads for the following
individual training categories:
(A) Recruit and specialized training.
(B) Flight training.
(C) Professional training in military and civilian
institutions.
(D) Officer acquisition training.
(2) Amounts may be appropriated for a fiscal year for use in
training military personnel of the Coast Guard in the
categories referred to in paragraph (1) only if the average
student loads for the Coast Guard for that fiscal year have
been authorized by law.
Sec. 2704. Authorized levels of military strength and training
(a) Active duty strength The Coast Guard is authorized an
end-of-year strength for active duty personnel of 43,000 for
each of fiscal years 2016 and 2017.
(b) Military training student loads The Coast Guard is
authorized average military training student loads for each of
fiscal years 2016 and 2017 as follows:
(1) For recruit and special training, 2,500 student
years.
(2) For flight training, 165 student years.
(3) For professional training in military and
civilian institutions, 350 student years.
(4) For officer acquisition, 1,200 student years.
CHAPTER 29--
Sec.
2901. Transmission of annual Coast Guard authorization request.
2902. Capital investment plan.
2903. Major acquisitions.
2904. Manpower requirements plan.
Sec. [662a.] 2901. Transmission of annual Coast Guard authorization
request
(a) In general.--Not later than 30 days after the date on
which the President submits to Congress a budget for a fiscal
year pursuant to section 1105 of title 31, the Secretary 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 Coast Guard
authorization request with respect to such fiscal year.
(b) Coast Guard authorization request defined.--In this
section, the term ``Coast Guard authorization request'' means a
proposal for legislation that, with respect to the Coast Guard
for the relevant fiscal year--
(1) recommends end strengths for personnel for that
fiscal year, as [described in section 661] described in
section 2703;
(2) recommends authorizations of appropriations for
that fiscal year, including with respect to matters
[described in section 662] described in section 2701;
and
(3) addresses any other matter that the Secretary
determines is appropriate for inclusion in a Coast
Guard authorization bill.
Sec. [663.] 2902. Capital investment plan
(a) In General.--On the date on which the President submits
to Congress a budget pursuant to section 1105 of title 31, 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--
(1) a capital investment plan for the Coast Guard
that identifies for each capital asset for which
appropriations are proposed in that budget--
(A) the proposed appropriations included in
the budget;
(B) the total estimated cost of [completion;]
completion based on the proposed appropriations
included in the budget;
(C) projected funding levels for each fiscal
year for the next 5 fiscal years or until
project completion, whichever is earlier;
(D) an estimated completion date [at the
projected funding levels;] based on the
proposed appropriations included in the budget;
and
(E) an acquisition program baseline, as
applicable; and
(2) a list of each unfunded priority for the Coast
Guard.
(b) Unfunded Priority Defined.--In this section, the term
``unfunded priority'' means a program or mission requirement
that--
(1) has not been selected for funding in the
applicable proposed budget;
(2) is necessary to fulfill a requirement associated
with an operational need; and
(3) the Commandant would have recommended for
inclusion in the applicable proposed budget had
additional resources been available or had the
requirement emerged before the budget was submitted.
Sec. [569a.] 2903. Major acquisitions
(a) In General.--In conjunction with the transmittal by the
President to Congress of the budget of the United States for
fiscal year 2014 and biennially thereafter, the Secretary shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the status of all major acquisition
programs.
(b) Information To Be Included.--Each report under subsection
(a) shall include for each major acquisition program--
(1) a statement of the Coast Guard's mission needs
and performance goals relating to such program,
including a justification for any change to those needs
and goals subsequent to a report previously submitted
under this section;
(2) a justification explaining how the projected
number and capabilities of assets acquired under such
program meet applicable mission needs and performance
goals;
(3) an identification of any and all mission hour
gaps, accompanied by an explanation of how and when the
Coast Guard will close those gaps;
(4) an identification of any changes with respect to
such program, including--
(A) any changes to the timeline for the
acquisition of each new asset and the phaseout
of legacy assets; and
(B) any changes to--
(i) the costs of new assets or legacy
assets for that fiscal year or future
fiscal years; or
(ii) the total acquisition cost;
(5) a justification explaining how any change to such
program fulfills the mission needs and performance
goals of the Coast Guard;
(6) a description of how the Coast Guard is planning
for the integration of each new asset acquired under
such program into the Coast Guard, including needs
related to shore-based infrastructure and human
resources;
(7) an identification of how funds in the applicable
fiscal year's budget request will be allocated,
including information on the purchase of specific
assets;
(8) a projection of the remaining operational
lifespan and life-cycle cost of each legacy asset that
also identifies any anticipated resource gaps;
(9) a detailed explanation of how the costs of legacy
assets are being accounted for within such program; and
(10) an annual performance comparison of new assets
to legacy assets.
(c) Adequacy of Acquisition Workforce.--Each report under
subsection (a) shall--
(1) include information on the scope of the
acquisition activities to be performed in the next
fiscal year and on the adequacy of the current
acquisition workforce to meet that anticipated
workload;
(2) specify the number of officers, members, and
employees of the Coast Guard currently and planned to
be assigned to each position designated under section
562(c) [of this subchapter]; and
(3) identify positions that are or will be
understaffed and actions that will be taken to correct
such understaffing.
(d) 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 the
cutters have not been maintained in class.
(e) Long-Term Major Acquisitions Plan.--Each report under
subsection (a) shall include a plan that describes for the
upcoming fiscal year, and for each of the 20 fiscal years
thereafter--
(1) the numbers and types of cutters and aircraft to
be decommissioned;
(2) the numbers and types of cutters and aircraft to
be acquired to--
(A) replace the cutters and aircraft
identified under paragraph (1); or
(B) address an identified capability gap; and
(3) the estimated level of funding in each fiscal
year required to--
(A) acquire the cutters and aircraft
identified under paragraph (2);
(B) acquire related command, control,
communications, computer, intelligence,
surveillance, and reconnaissance systems; and
(C) acquire, construct, or renovate shoreside
infrastructure.
[(e)] (f) Major Acquisition Program Defined.--In 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.
Sec. 2904. Manpower requirements plan
(a) In general.--On the date on which the President submits
to Congress a budget for fiscal year 2017 under section 1105 of
title 31, on the date on which the President submits to
Congress a budget for fiscal year 2019 under such section, and
every 4 years thereafter, the Commandant 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 manpower requirements plan.
(b) Scope.--A manpower requirements plan submitted under
subsection (a) shall include for each mission of the Coast
Guard--
(1) an assessment of all projected mission
requirements for the upcoming fiscal year and for each
of the 3 fiscal years thereafter;
(2) the number of active duty, reserve, and civilian
personnel assigned or available to fulfill such mission
requirements--
(A) currently; and
(B) as projected for the upcoming fiscal year
and each of the 3 fiscal years thereafter;
(3) the number of active duty, reserve, and civilian
personnel required to fulfill such mission
requirements--
(A) currently; and
(B) as projected for the upcoming fiscal year
and each of the 3 fiscal years thereafter;
(4) an identification of any capability gaps between
mission requirements and mission performance caused by
deficiencies in the numbers of personnel available--
(A) currently; and
(B) as projected for the upcoming fiscal year
and each of the 3 fiscal years thereafter; and
(5) an identification of the actions the Commandant
will take to address capability gaps identified under
paragraph (4).
(c) Consideration.--In composing a manpower requirements plan
for submission under subsection (a), the Commandant shall
consider--
(1) the marine safety strategy required under section
2116 of title 46;
(2) information on the adequacy of the acquisition
workforce included in the most recent report under
section 2903 of this title; and
(3) any other Federal strategic planning effort the
Commandant considers appropriate.
* * * * * * *
----------
SECTION 409 OF THE COAST GUARD AUTHORIZATION ACT OF 1998
SEC. 409. COAST GUARD CITY, USA.
The Commandant of the Coast Guard may recognize the community
of Grand Haven, Michigan, as "Coast Guard City, USA". [If the
Commandant desires to recognize any other community in the same
manner or any other community requests such recognition from
the Coast Guard, the Commandant shall notify the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives 90 days prior to approving such recognition.]
Commandant may recognize any other community in a similar
manner if the Commandant determines that such community has
demonstrated enduring support of the Coast Guard, Coast Guard
personnel, and the dependents of Coast Guard personnel.
* * * * * * *
----------
COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2012
* * * * * * *
TITLE II--COAST GUARD
* * * * * * *
SEC. 222. COAST GUARD POLAR ICEBREAKERS.
[(a) In General.--The Secretary of the department in which
the Coast Guard is operating shall conduct a business case
analysis of the options for and costs of reactivating and
extending the service life of the Polar Sea until at least
September 30, 2022, to maintain United States polar icebreaking
capabilities and fulfill the Coast Guard's high latitude
mission needs, as identified in the Coast Guard's July 2010,
High Latitude Study Mission Analysis Report, during the Coast
Guard's recapitalization of its polar class icebreaker fleet.
The analysis shall include--
[(1) an assessment of the current condition of the
Polar Sea;
[(2) a determination of the Polar Sea's operational
capabilities with respect to fulfilling the Coast
Guard's high latitude operating requirements if
renovated and reactivated;
[(3) a detailed estimate of costs with respect to
reactivating and extending the service life of the
Polar Sea;
[(4) a life cycle cost estimate with respect to
operating and maintaining the Polar Sea for the
duration of its extended service life; and
[(5) a determination of whether it is cost-effective
to reactivate the Polar Sea compared with other options
to provide icebreaking services as part of a strategy
to maintain polar icebreaking services.]
(a) In General.--Not later than 270 days after the date of
the enactment of the Coast Guard Authorization Act of 2015, the
Secretary of the department in which the Coast Guard is
operating shall--
(1) complete a materiel condition assessment with
respect to the Polar Sea;
(2) make a determination of whether it is cost
effective to reactivate the Polar Sea compared with
other options to provide icebreaking services as part
of a strategy to maintain polar icebreaking services;
and
(3) 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) the assessment required under paragraph
(1); and
(B) written notification of the determination
required under paragraph (2).
(b) Restrictions.--The Secretary shall not remove any part of
the Polar Sea until the Secretary submits the [analysis]
written notification required under subsection (a).
[(c) Deadline.--Not later than 270 days after the date of
enactment of this Act, the Secretary 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 analysis required under
subsection (a).]
[(d)] (c) Requirement for Reactivation of Polar Sea.--
(1) Service life extension plan.--
(A) In general.--If the Secretary determines
[based on the analysis required] under
subsection (a) that it is cost-effective to
reactivate the Polar Sea compared with other
options to provide icebreaking services, the
Secretary shall develop a service life
extension plan for such reactivation, including
a timetable for such reactivation.
(B) Utilization of existing resources.--In
the development of the plan required under
subparagraph (A), the Secretary shall utilize
to the greatest extent practicable recent
plans, studies, assessments, and analyses
regarding the Coast Guard's icebreakers and
high latitude mission needs and operating
requirements.
(C) Submission.--The Secretary shall submit
the plan required under subparagraph (A), if so
required, to the Committee on Transportation
and Infrastructure of the House of
Representatives and the Committee on Commerce,
Science, and Transportation of the Senate not
later than 180 days after the submission of the
[analysis] written notification required under
subsection (a).
[(2) Decommissioning.--If the analysis required under
subsection (a) is submitted in accordance with
subsection (c) and the Secretary determines under
subsection (a)(5) that it is not cost-effective to
reactivate the Polar Sea, then not later than 180 days
after the date on which the analysis is required to be
submitted under subsection (c) the Commandant of the
Coast Guard may decommission the Polar Sea.
[(3) Result of no determination.--If in the analysis
submitted under this section the Secretary does not
make a determination under subsection (a)(5) regarding
whether it is cost effective to reactivate the Polar
Sea, then--
[(A) the Commandant of the Coast Guard may
decommission the Polar Sea; or
[(B) the Secretary may make such
determination, not later than 90 days after the
date of the enactment of Howard Coble Coast
Guard and Maritime Transportation Act of 2014,
and take actions in accordance with this
subsection as though such determination was
made in the analysis previously submitted.]
(2) Decommissioning.--If the Secretary makes a
determination under subsection (a) that it is not cost
effective to reactivate the Polar Sea, then, not later
than 180 days after written notification of that
determination is submitted under that subsection, the
Commandant of the Coast Guard may decommission the
Polar Sea.
(3) Result of no determination.--If the Secretary
does not make a determination under subsection (a)
regarding whether it is cost effective to reactivate
the Polar Sea, then the Commandant of the Coast Guard
may decommission the Polar Sea.
[(e)] (d) Strategies.--
(1) In general.--Not later than 180 days after the
date on which the [analysis] written notification
required under subsection (a) is submitted, 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) unless the Secretary makes a
determination under this section that it is
cost effective to reactivate the Polar Sea, a
bridging strategy for maintaining the Coast
Guard's polar icebreaking services until at
least September 30, 2024;
(B) a strategy to meet the Coast Guard's
Arctic ice operations needs through September
30, 2050; and
(C) a strategy to meet the Coast Guard's
Antarctic ice operations needs through
September 30, 2050
(2) Requirement.--The strategies required under
paragraph (1) shall include a business case analysis
comparing the leasing and purchasing of icebreakers to
maintain the needs and services described in that
paragraph.
[(f)] (e) Restriction.--Except as provided [in subsection
(d)] in subsection (c), the Commandant of the Coast Guard may
not--
(1) transfer, relinquish ownership of, dismantle, or
recycle the Polar Sea or Polar Star;
(2) change the current homeport of either of the
vessels; or
(3) expend any funds--
(A) for any expenses directly or indirectly
associated with the decommissioning of either
of the vessels, including expenses for dock use
or other goods and services;
(B) for any personnel expenses directly or
indirectly associated with the decommissioning
of either of the vessels, including expenses
for a decommissioning officer;
(C) for any expenses associated with a
decommissioning ceremony for either of the
vessels;
(D) to appoint a decommissioning officer to
be affiliated with either of the vessels; or
(E) to place either of the vessels in
inactive status.
[(g)] (f) Definition.--For purposes of this section--
(1) the term ``Polar Sea'' means Coast Guard Cutter
Polar Sea (WAGB 11); and
(2) the term ``Polar Star'' means Coast Guard Cutter
Polar Star (WAGB 10).
[(h)] (g) Repeal.--This section shall cease to have effect on
September 30, 2022.
* * * * * * *
----------
HOWARD COBLE COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2014
* * * * * * *
SEC. 2. TABLE OF CONTENTS.
* * * * * * *
TITLE VI--MISCELLANEOUS
* * * * * * *
[Sec. 610. Safe vessel operation in Thunder Bay.]
Sec. 610. Safe vessel operation in the Great Lakes.
* * * * * * *
SEC. 225. AVIATION CAPABILITY.
(a) In General.--The Secretary of the department in which the
Coast Guard is operating may--
(1) request and accept through a direct military-to-
military transfer under section 2571 of title 10,
United States Code, such H-60 helicopters as may be
necessary to establish a year-round operational
capability in the Coast Guard's Ninth District; and
(2) use funds provided under section 101 of this Act
to convert such helicopters to Coast Guard MH-60T
configuration.
(b) Prohibition.--
(1) In General.--The Coast Guard may not--
(A) close a Coast Guard air facility that was
in operation on November 30, 2014; or
(B) retire, transfer, relocate, or deploy an
aviation asset from an air facility described
in subparagraph (A) for the purpose of closing
such facility.
[(2) Sunset.--This subsection is repealed effective
January 1, 2016.]
* * * * * * *
SEC. 610. SAFE VESSEL OPERATION IN [THUNDER BAY] THE GREAT LAKES.
The Secretary of the department in which the Coast Guard is
operating and the Administrator of the Environmental Protection
Agency may not prohibit a vessel operating within the [existing
boundaries and any future expanded boundaries of the Thunder
Bay National Marine Sanctuary and Underwater Preserve]
boundaries of any national marine sanctuary that preserves
shipwrecks or maritime heritage in the Great Lakes from taking
up or discharging ballast water to allow for safe and efficient
vessel operation if the uptake or discharge meets all Federal
and State ballast water management requirements that would
apply if the area were not a marine sanctuary, unless the
designation documents for such sanctuary do not allow taking up
or discharging ballast water in such sanctuary.
* * * * * * *
----------
TITLE 46, UNITED STATES CODE
* * * * * * *
Subtitle I--General
* * * * * * *
CHAPTER 1--DEFINITIONS
* * * * * * *
Sec. 103. Boundary Line
In this title, the term ``Boundary Line'' means a line
established under section 2(b) of the Act of February 19, 1895
[(33 U.S.C. 151).] (33 U.S.C. 151(b)).
CHAPTER 3--FEDERAL MARITIME COMMISSION
Sec.
301. General organization.
* * * * * * *
308. Authorization of appropriations.
Sec. 301. General organization
(a) Organization.--The Federal Maritime Commission is an
independent establishment of the United States Government.
(b) Commissioners.--
(1) Composition.--The Commission is composed of 5
Commissioners, appointed by the President by and with
the advice and consent of the Senate. Not more than 3
Commissioners may be appointed from the same political
party.
(2) Terms.--The term of each Commissioner is 5 years.
When the term of a Commissioner ends, the Commissioner
may continue to serve until a successor is appointed
and qualified, but for a period not to exceed one year.
Except as provided in paragraph (3), no individual may
serve more than 2 terms.
(3) Vacancies.--A vacancy shall be filled in the same
manner as the original appointment. An individual
appointed to fill a vacancy is appointed only for the
unexpired term of the individual being succeeded. An
individual appointed to fill a vacancy may serve 2
terms in addition to the remainder of the term for
which the predecessor of that individual was appointed.
(4) Conflicts of interest.--
(A) Limitation on relationships with
regulated entities.--A Commissioner may not
have a pecuniary interest in, hold an official
relation to, or own stocks or bonds of any
entity the Commission regulates under chapter
401 of this title.
(B) Limitation on other activities.--A
Commissioner may not engage in another
business, vocation, or employment.
(5) Removal.--The President may remove a Commissioner
for inefficiency, neglect of duty, or malfeasance in
office.
(c) Chairman.--
(1) Designation.--The President shall designate one
of the Commissioners as Chairman.
(2) General authority.--The Chairman is the chief
executive and administrative officer of the Commission.
In carrying out the duties and powers of the Commission
(other than under paragraph (3)), the Chairman is
subject to the policies, regulatory decisions,
findings, and determinations of the Commission.
(3) Particular duties.--
(A) In general.--The Chairman shall--
(i) appoint and supervise officers
and employees of the Commission;
(ii) appoint the heads of major
organizational [units, but only after
consultation with the other
Commissioners;] units (with such
appointments subject to the approval of
the Commission);
(iii) distribute the business of the
Commission among personnel and
organizational units;
(iv) supervise the expenditure of
money for administrative purposes;
[and]
(v) assign Commission personnel,
including Commissioners, to perform
duties and powers delegated by the
Commission under section 304 of this
title[.]; and
(vi) prepare and submit to the
President and Congress requests for
appropriations for the Commission (with
such requests subject to the approval
of the Commission).
(B) Nonapplication.--Subparagraph (A) (other
than clause (v)) does not apply to personnel
employed regularly and full-time in the offices
of Commissioners other than the Chairman.
(4) Delegation.--The Chairman may designate officers
and employees under the Chairman's jurisdiction to
perform duties and powers of the Chairman, subject to
the Chairman's supervision and direction.
(d) Seal.--The Commission shall have a seal which shall be
judicially recognized.
* * * * * * *
Sec. 307. Expenditures
[The Federal Maritime Commission] (a) In General._The
Federal Maritime Commission may make such expenditures as are
necessary in the performance of its functions from funds
appropriated or otherwise made available to it, which
appropriations are authorized.
(b) Prohibition.--Notwithstanding subsection (a), the Federal
Maritime Commission may not expend any funds appropriated or
otherwise made available to it to issue an award, prize,
commendation, or other honor to a non-Federal entity.
Sec. 308. Authorization of appropriations
There is authorized to be appropriated to the Federal
Maritime Commission $24,700,000 for each of fiscal years 2016
and 2017 for the activities of the Commission authorized under
this chapter and subtitle IV.
Subtitle II--Vessels and Seamen
* * * * * * *
Part A--General Provisions
* * * * * * *
CHAPTER 21--GENERAL
* * * * * * *
Sec. 2118. Establishment of equipment standards
(a) In establishing standards for approved equipment required
on vessels subject to part B of this [title,] subtitle, the
Secretary shall establish standards that are--
(1) based on performance using the best available
technology that is economically achievable; and
(2) operationally practical.
(b) Using the standards established under subsection (a), the
Secretary may also certify lifesaving equipment that is not
required to be carried on vessels subject to part B of this
[title] subtitle to ensure that such equipment is suitable for
its intended purpose.
(c) At least once every 10 years the Secretary shall review
and revise the standards established under subsection (a) to
ensure that the standards meet the requirements of this
section.
Part B--Inspection and Regulations of Vessels
* * * * * * *
CHAPTER 31--GENERAL
* * * * * * *
[Sec. 3104. Survival craft
[(a) Except as provided in subsection (b), the Secretary may
not approve a survival craft as a safety device for purposes of
this part, unless the craft ensures that no part of an
individual is immersed in water.
[(b) The Secretary may authorize a survival craft that does
not provide protection described in subsection (a) to remain in
service until not later than the date that is 30 months after
the date on which the report described in subsection (c) is
submitted, if--
[(1) it was approved by the Secretary before January
1, 2010; and
[(2) it is in serviceable condition.
[(c) Report.--Not later than 180 days after the date of
enactment of this subsection, 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, which shall
include--
[(1) the number of casualties, by vessel type and
area of operation, as the result of immersion in water
reported to the Coast Guard for each of fiscal years
1991 through 2011;
[(2) the effect the carriage of such survival craft
has on--
[(A) vessel safety, including stability and
safe navigation; and
[(B) survivability of individuals, including
persons with disabilities, children, and the
elderly;
[(3) the efficacy of alternative safety systems,
devices, or measures;
[(4) the cost and cost effectiveness of requiring the
carriage of such survival craft on vessels; and
[(5) the number of small businesses and nonprofit
entities that would be affected by requiring the
carriage of such survival craft on vessels.]
Sec. 3104. Survival craft
(a) Requirement to Equip.--The Secretary shall require that a
passenger vessel be equipped with survival craft that ensures
that no part of an individual is immersed in water, if--
(1) such vessel is built or undergoes a major
conversion after January 1, 2016; and
(2) operates in cold waters as determined by the
Secretary.
(b) Higher Standard of Safety.--The Secretary may revise part
117 or part 180 of title 46, Code of Federal Regulations, as in
effect before January 1, 2016, if such revision provides a
higher standard of safety than is provided by the regulations
in effect on or before the date of the enactment of the Coast
Guard Authorization Act of 2015.
(c) Innovative and Novel Designs.--The Secretary may, in lieu
of the requirements set out in part 117 or part 180 of title
46, Code of Federal Regulations, as in effect on the date of
the enactment of the Coast Guard Authorization Act of 2015,
allow a passenger vessel to be equipped with a life saving
appliance or arrangement of an innovative or novel design
that--
(1) ensures no part of an individual is immersed in
water; and
(2) provides an equal or higher standard of safety
than is provided by such requirements as in effect
before such date of the enactment.
(d) Built Defined.--In this section, the term ``built'' has
the meaning that term has under section 4503(e).
* * * * * * *
CHAPTER 35--CARRIAGE OF PASSENGERS
Sec.
3501. Number of passengers.
* * * * * * *
3507. Passenger vessel security and safety requirements.
3508. Crime scene preservation training for passenger vessel
crewmembers.
* * * * * * *
CHAPTER 37--CARRIAGE OF LIQUID BULK DANGEROUS CARGOES
* * * * * * *
Sec. 3715. Lightering
(a) A vessel may transfer oil or hazardous material in a port
or place subject to the jurisdiction of the United States, when
the cargo has been transferred from another vessel on the
navigable waters of the United States or in the marine
environment, only if--
(1) the transfer was conducted consistent with
regulations prescribed by the Secretary;
(2) both the delivering and receiving vessels had on
board, at the time of transfer, a certificate of
inspection or a certificate of compliance, as would
have been required under section 3710 or 3711 of this
title, had the transfer taken place in a port or place
subject to the jurisdiction of the United States[;
and];
(3) the delivering and the receiving vessel had on
board at the time of transfer, a certificate of
financial responsibility as would have been required
under section 1016 of the Oil Pollution Act of 1990,
had the transfer taken place in a place subject to the
jurisdiction of the United States;
(4) the delivering and the receiving vessel had on
board at the time of transfer, evidence that each
vessel is operating in compliance with section 311(j)
of the Federal Water Pollution Control Act (33 U.S.C.
1321(j)); and
(5) the delivering and the receiving vessel are
operating in compliance with section 3703a of this
title.
(b) The Secretary shall prescribe regulations to carry out
subsection (a) of this section. The regulations shall include
provisions on--
(1) minimum safe operating conditions, including sea
state, wave height, weather, proximity to channels or
shipping lanes, and other similar factors;
(2) the prevention of spills;
(3) equipment for responding to a spill;
(4) the prevention of any unreasonable interference
with navigation or other reasonable uses of the high
seas, as those uses are defined by treaty, convention,
or customary international law;
(5) the establishment of lightering zones; and
(6) requirements for communication and prearrival
messages.
* * * * * * *
CHAPTER 43--RECREATIONAL VESSELS
* * * * * * *
Sec. 4302. Regulations
(a) The Secretary may prescribe regulations--
(1) establishing minimum safety standards for
recreational vessels and associated equipment, and
establishing procedures and tests required to measure
conformance with those standards, with each standard--
(A) meeting the need for recreational vessel
safety; and
(B) being stated, insofar as practicable, in
terms of performance;
(2) requiring the installation, carrying, or use of
associated equipment (including fuel systems,
ventilation systems, electrical systems, sound-
producing devices, firefighting equipment, lifesaving
devices, signaling devices, ground tackle, life- and
grab-rails, and navigational equipment) on recreational
vessels and classes of recreational vessels subject to
this chapter, and prohibiting the installation,
carrying, or use of associated equipment that does not
conform with safety standards established under this
section; and
(3) requiring or permitting the display of seals,
labels, plates, insignia, or other devices for
certifying or evidencing compliance with safety
regulations and standards of the United States
Government for recreational vessels and associated
equipment.
(b) Each regulation prescribed under this section shall
specify an effective date that is not earlier than 180 days
from the date the regulation was published, unless the
Secretary finds that there exists a recreational vessel safety
hazard so critical as to require an earlier effective date.
However, this period may not be more than 24 months for cases
involving, in the discretion of the Secretary, major product
design, retooling, or major changes in the manufacturing
process.
(c) In prescribing regulations under this section, the
Secretary shall, among other things--
(1) consider the need for and the extent to which the
regulations will contribute to recreational vessel
safety;
(2) consider relevant available recreational vessel
safety standards, statistics, and data, including
public and private research, development, testing, and
evaluation;
(3) not compel substantial alteration of a
recreational vessel or item of associated equipment
that is in existence, or the construction or
manufacture of which is begun before the effective date
of the regulation, but subject to that limitation may
require compliance or performance, to avoid a
substantial risk of personal injury to the public, that
the Secretary considers appropriate in relation to the
degree of hazard that the compliance will correct; and
(4) consult with the National Boating Safety Advisory
Council established under section 13110 of this title
about the considerations referred to in clauses (1)-(3)
of this subsection.
(d) Section 8903 of this title does not apply to a vessel
being operated for bona fide dealer demonstrations provided
without fee to business invitees. However, if on the basis of
substantial evidence, the Secretary decides under this section
that requiring vessels so operated to be under the control of
licensed individuals is necessary for boating safety, then the
Secretary may prescribe regulations requiring the licensing of
individuals controlling these vessels in the same manner as
provided in chapter 89 of this title for individuals in control
of vessels carrying passengers for hire.
(e)(1) If in prescribing regulations under this section the
Secretary establishes a model year for recreational vessels and
associated equipment, such model year shall, except as provided
in paragraph (2)--
(A) begin on June 1 of a year and end on July 31 of
the following year; and
(B) be designated by the year in which it ends.
(2) Upon the request of a recreational vessel manufacturer to
which this chapter applies, the Secretary may alter a model
year for a model of recreational vessel of the manufacturer and
associated equipment, by no more than 6 months from the model
year described in paragraph (1).
* * * * * * *
CHAPTER 45--UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS
* * * * * * *
Sec. 4503. Fishing, fish tender, and fish processing vessel
certification
(a) A vessel to which this section applies may not be
operated unless the vessel--
(1) meets all survey and classification requirements
prescribed by the American Bureau of Shipping or
another similarly qualified organization approved by
the Secretary; and
(2) has on board a certificate issued by the American
Bureau of Shipping or that other organization
evidencing compliance with this subsection.
(b) This section applies to a fish processing vessel to which
this chapter applies that--
(1) is built after July 27, 1990; or
(2) undergoes a major conversion completed after that
date.
(c) This section applies to a vessel to which section 4502(b)
of this title applies that is at least 50 feet overall in
length and is built after July 1, 2013. Subsection (a) does not
apply to a fishing vessel or fish tender vessel described in
subsection (d)(6), if the vessel complies with an alternative
safety compliance program established under that subsection for
such a vessel.
(d)(1) After January 1, 2020, a fishing vessel, fish
processing vessel, or fish tender vessel to which section
4502(b) of this title applies shall comply with an alternate
safety compliance program that is developed in cooperation with
the commercial fishing industry and prescribed by the
Secretary, if the vessel--
(A) is at least 50 feet overall in length;
(B) is built before July 1, 2013; and
(C) is 25 years of age or older.
(2) A fishing vessel, fish processing vessel, or fish tender
vessel built before July 1, 2013, that undergoes a major
conversion completed after the later of July 1, 2013, or the
date the Secretary establishes standards for an alternate
safety compliance program, shall comply with such an
alternative safety compliance program that is developed in
cooperation with the commercial fishing industry and prescribed
by the Secretary.
(3) Alternative safety compliance programs may be developed
for purposes of paragraph (1) for specific regions and
fisheries.
(4) Notwithstanding paragraph (1), vessels owned by a person
that owns more than 30 vessels subject to that paragraph are
not required to meet the alternate safety compliance
requirements of that paragraph until January 1, 2030, if that
owner enters into a compliance agreement with the Secretary
that provides for a fixed schedule for all of the vessels owned
by that person to meet requirements of that paragraph by that
date and the vessel owner is meeting that schedule.
(5) A fishing vessel, fish processing vessel, or fish tender
vessel to which section 4502(b) of this title applies that was
classed before July 1, 2012, shall--
(A) remain subject to the requirements of a
classification society approved by the Secretary; and
(B) have on board a certificate from that society.
(6) The Secretary shall establish an alternative safety
compliance program for fishing vessels or fish tender vessels
(or both) that are at least 50 feet overall in length, and not
more than 79 feet overall in length, and built after July 1,
2013.
(e) For the purposes of this section, the term ``built''
means, with respect to a vessel, that the vessel's construction
has reached any of the following stages:
(1) The vessel's keel is laid.
(2) Construction identifiable with the vessel has
begun and assembly of that vessel has commenced
comprising of at least 50 metric tons or one percent of
the estimated mass of all structural material,
whichever is less.
* * * * * * *
Part E--Merchant Seamen Licenses, Certificates, and Documents
* * * * * * *
CHAPTER 75--GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND
DOCUMENTATION
Sec.
7501. Duplicates.
* * * * * * *
7509. Medical certification by trusted agents.
* * * * * * *
Sec. 7509. Medical certification by trusted agents
(a) In General.--Notwithstanding any other provision of law
and pursuant to regulations prescribed by the Secretary, a
trusted agent may issue a medical certificate to an individual
who--
(1) must hold such certificate to qualify for a
license, certificate of registry, or merchant mariner's
document, or endorsement thereto under this part; and
(2) is qualified as to sight, hearing, and physical
condition to perform the duties of such license,
certificate, document, or endorsement, as determined by
the trusted agent.
(b) Trusted Agent Defined.--In this section the term
``trusted agent'' means a medical practitioner certified by the
Secretary to perform physical examinations of an individual for
purposes of a license, certificate of registry, or merchant
mariner's document under this part.
* * * * * * *
Part F--Manning of Vessels
CHAPTER 81--GENERAL
* * * * * * *
Sec. 8103. Citizenship and Navy Reserve requirements
(a) Except as otherwise provided in this title, only a
citizen of the United States may serve as master, chief
engineer, radio officer, or officer in charge of a deck watch
or engineering watch on a documented vessel.
(b)(1) Except as otherwise provided in this section, on a
documented vessel--
(A) each unlicensed seaman must be--
(i) a citizen of the United States;
(ii) an alien lawfully admitted to the United
States for permanent residence; or
(iii) a foreign national who is enrolled in
the United States Merchant Marine [Academy.]
Academy; and
(B) not more than 25 percent of the total number of
unlicensed seamen on the vessel may be aliens lawfully
admitted to the United States for permanent residence.
(2) Paragraph (1) of this subsection does not apply to--
(A) a yacht;
(B) a fishing vessel fishing exclusively for highly
migratory species (as that term is defined in section 3
of the Magnuson Fishery Conservation and Management Act
(16 U.S.C. 1802)); and
(C) a fishing vessel fishing outside of the exclusive
economic zone.
(3) The Secretary may waive a citizenship requirement under
this section, other than a requirement that applies to the
master of a documented vessel, with respect to--
(A) an offshore supply vessel or other similarly
engaged vessel of less than 1,600 gross tons as
measured under section 14502 of this title, or an
alternate tonnage measured under section 14302 of this
title as prescribed by the Secretary under section
14104 of this title that operates from a foreign port;
(B) a mobile offshore drilling unit or other vessel
engaged in support of exploration, exploitation, or
production of offshore mineral energy resources
operating beyond the water above the outer Continental
Shelf (as that term is defined in section 2(a) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1331(a));
and
(C) any other vessel if the Secretary determines,
after an investigation, that qualified seamen who are
citizens of the United States are not available.
(c) On each departure of a vessel (except a passenger vessel)
for which a construction [or operating] differential subsidy
has been granted, all of the seamen of the vessel must be
citizens of the United States.
(d)(1) On each departure of a passenger vessel for which a
construction [or operating] differential subsidy has been
granted, at least 90 percent of the entire complement
(including licensed individuals) must be citizens of the United
States.
(2) An individual not required by this subsection to be a
citizen of the United States may be engaged only if the
individual has a declaration of intention to become a citizen
of the United States or other evidence of admission to the
United States for permanent residence. An alien may be employed
only in the steward's department of the passenger vessel.
(e) If a documented vessel is deprived for any reason of the
services of an individual (except the master and the radio
officer) when on a foreign voyage and a vacancy consequently
occurs, until the vessel's return to a port at which in the
most expeditious manner a replacement who is a citizen of the
United States can be obtained, an individual not a citizen of
the United States may serve in--
(1) the vacancy; or
(2) a vacancy resulting from the promotion of another
individual to fill the original vacancy.
(f) A person employing an individual in violation of this
section or a regulation prescribed under this section is liable
to the United States Government for a civil penalty of $500 for
each individual so employed.
(g) A deck or engineer officer employed on a vessel on which
an operating differential subsidy is paid, or employed on a
vessel (except a vessel of the Coast Guard or Saint Lawrence
Seaway Development Corporation) owned or operated by the
Department of Transportation or by a corporation organized or
controlled by the Department, if eligible, shall be a member of
the Navy Reserve Reserve.
(h) The President may--
(1) suspend any part of this section during a
proclaimed national emergency; and
(2) when the needs of commerce require, suspend as
far and for a period the President considers desirable,
subsection (a) of this section for crews of vessels of
the United States documented for foreign trade.
(i)(1) Except as provided in paragraph (3) of this
subsection, each unlicensed seaman on a fishing, fish
processing, or fish tender vessel that is engaged in the
fisheries in the navigable waters of the United States or the
exclusive economic zone must be--
(A) a citizen of the United States;
(B) an alien lawfully admitted to the United States
for permanent residence;
(C) any other alien allowed to be employed under the
Immigration and Nationality Act (8 U.S.C. 1101 et
seq.); or
(D) an alien allowed to be employed under the
immigration laws of the Commonwealth of the Northern
Mariana Islands if the vessel is permanently stationed
at a port within the Commonwealth and the vessel is
engaged in the fisheries within the exclusive economic
zone surrounding the Commonwealth or another United
States territory or possession.
(2) Not more than 25 percent of the unlicensed seamen on a
vessel subject to paragraph (1) of this subsection may be
aliens referred to in clause (C) of that paragraph.
(3) This subsection does not apply to a fishing vessel
fishing exclusively for highly migratory species (as that term
is defined in section 3 of the Magnuson Fishery Conservation
and Management Act (16 U.S.C. 1802)).
(j) Riding Gang Member.--This section does not apply to an
individual who is a riding gang member.
(k) Crew Requirements for Large Passenger Vessels.--
(1) Citizenship and nationality.--Each unlicensed
seaman on a large passenger vessel shall be--
(A) a citizen of the United States;
(B) an alien lawfully admitted to the United
States for permanent residence;
(C) an alien allowed to be employed in the
United States under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.),
including an alien crewman described in section
101(a)(15)(D)(i) of that Act (8 U.S.C.
1101(a)(15)(D)(i)), who meets the requirements
of paragraph (3)(A) of this subsection; or
(D) a foreign national who is enrolled in the
United States Merchant Marine Academy.
(2) Percentage limitation for alien seamen.--Not more
than 25 percent of the unlicensed seamen on a vessel
described in paragraph (1) of this subsection may be
aliens referred to in subparagraph (B) or (C) of that
paragraph.
(3) Special rules for certain unlicensed seamen.--
(A) Qualifications.--An unlicensed seaman
described in paragraph (1)(C) of this
subsection--
(i) shall have been employed, for a
period of not less than 1 year, on a
passenger vessel under the same common
ownership or control as the vessel
described in paragraph (1) of this
subsection, as certified by the owner
or managing operator of such vessel to
the Secretary;
(ii) shall have no record of material
disciplinary actions during such
employment, as verified in writing by
the owner or managing operator of such
vessel to the Secretary;
(iii) shall have successfully
completed a United States Government
security check of the relevant domestic
and international databases, as
appropriate, or any other national
security-related information or
database;
(iv) shall have successfully
undergone an employer background
check--
(I) for which the owner or
managing operator provides a
signed report to the Secretary
that describes the background
checks undertaken that are
reasonably and legally
available to the owner or
managing operator including
personnel file information
obtained from such seaman and
from databases available to the
public with respect to the
seaman;
(II) that consisted of a
search of all information
reasonably available to the
owner or managing operator in
the seaman's country of
citizenship and any other
country in which the seaman
receives employment referrals,
or resides;
(III) that is kept on the
vessel and available for
inspection by the Secretary;
and
(IV) the information derived
from which is made available to
the Secretary upon request; and
(v) may not be a citizen or temporary
or permanent resident of a country
designated by the United States as a
sponsor of terrorism or any other
country that the Secretary, in
consultation with the Secretary of
State and the heads of other
appropriate United States agencies,
determines to be a security threat to
the United States.
(B) Restrictions.--An unlicensed seaman
described in paragraph (1)(C) of this
subsection--
(i) may be employed only in the
steward's department of the vessel; and
(ii) may not perform watchstanding,
automated engine room duty watch, or
vessel navigation functions.
(C) Status, documentation, and employment.--
An unlicensed seaman described in subparagraph
(C) or (D) of paragraph (1) of this
subsection--
(i) is deemed to meet the nationality
requirements necessary to qualify for a
merchant mariners document
notwithstanding the requirements of
part 12 of title 46, Code of Federal
Regulations;
(ii) is deemed to meet the proof-of-
identity requirements necessary to
qualify for a merchant mariners
document, as prescribed under
regulations promulgated by the
Secretary, if the seaman possesses--
(I) an unexpired passport
issued by the government of the
country of which the seaman is
a citizen or subject; and
(II) an unexpired visa issued
to the seaman, as described in
paragraph (1)(C);
(iii) shall, if eligible, be issued a
merchant mariners document with an
appropriate annotation reflecting the
restrictions of subparagraph (B) of
this paragraph; and
(iv) may be employed for a period of
service on board not to exceed 36
months in the aggregate as a
nonimmigrant crewman described in
section 101(a)(15)(D)(i) of the
Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(D)(i)) on vessels
engaged in domestic voyages
notwithstanding the departure
requirements and time limitations of
such section and section 252 of the
Immigration and Nationality Act (8
U.S.C. 1282) and the regulations and
rules promulgated thereunder.
(4) Merchant mariner's document requirements not
affected.--This subsection shall not be construed to
affect any requirement under Federal law that an
individual must hold a merchant mariner's document.
(5) Definitions.--In this subsection:
(A) Steward's department.--The term
``steward's department'' means the department
that includes entertainment personnel and all
service personnel, including wait staff,
housekeeping staff, and galley workers, as
defined in the vessel security plan approved by
the Secretary pursuant to section 70103(c) of
this title.
(B) Large passenger vessel.--The term ``large
passenger vessel'' means a vessel of more than
70,000 gross tons, as measured under section
14302 of this title, with capacity for at least
2,000 passengers and documented with a
coastwise endorsement under chapter 121 of this
title.
* * * * * * *
Part G--Merchant Seamen Protection and Relief
* * * * * * *
CHAPTER 103--FOREIGN AND INTERCOASTAL VOYAGES
* * * * * * *
Sec. 10313. Wages
(a) A seaman's entitlement to wages and provisions begins
when the seaman begins work or when specified in the agreement
required by section 10302 of this title for the seaman to begin
work or be present on board, whichever is earlier.
(b) Wages are not dependent on the earning of freight by the
vessel. When the loss or wreck of the vessel ends the service
of a seaman before the end of the period contemplated in the
agreement, the seaman is entitled to wages for the period of
time actually served. The seaman shall be deemed a destitute
seaman under section 11104 of this title. This subsection
applies to a fishing or whaling vessel but not a yacht.
(c) When a seaman who has signed an agreement is discharged
improperly before the beginning of the voyage or before one
month's wages are earned, without the seaman's consent and
without the seaman's fault justifying discharge, the seaman is
entitled to receive from the master or owner, in addition to
wages earned, one month's wages as compensation.
(d) A seaman is not entitled to wages for a period during
which the seaman--
(1) unlawfully failed to work when required, after
the time fixed by the agreement for the seaman to begin
work; or
(2) lawfully was imprisoned for an offense, unless a
court hearing the case otherwise directs.
(e) After the beginning of the voyage, a seaman is entitled
to receive from the master, on demand, one-half of the balance
of wages earned and unpaid at each port at which the vessel
loads or delivers cargo during the voyage. A demand may not be
made before the expiration of 5 days from the beginning of the
voyage, not more than once in 5 days, and not more than once in
the same port on the same entry. If a master does not comply
with this subsection, the seaman is released from the agreement
and is entitled to payment of all wages earned. Notwithstanding
a release signed by a seaman under section 10312 of this title,
a court having jurisdiction may set aside, for good cause
shown, the release and take action that justice requires. This
subsection does not apply to a fishing or whaling vessel or a
yacht.
(f) At the end of a voyage, the master shall pay each seaman
the balance of wages due the seaman within 24 hours after the
cargo has been discharged or within 4 days after the seaman is
discharged, whichever is earlier. When a seaman is discharged
and final payment of wages is delayed for the period permitted
by this subsection, the seaman is entitled at the time of
discharge to one-third of the wages due the seaman.
(g)(1) Subject to paragraph (2), when payment is not made as
provided under subsection (f) of this section without
sufficient cause, the master or owner shall pay to the seaman 2
days' wages for each day payment is delayed.
(2) The total amount required to be paid under paragraph (1)
with respect to [all claims in a class action suit by seamen]
each claim by a seaman on a passenger vessel capable of
carrying more than 500 passengers for wages under this section
against a vessel master, owner, or operator or the employer of
[the seamen] the seaman shall not exceed ten times the unpaid
wages that are the subject of the claims.
(3) A [class action] suit for wages under this subsection
must be commenced within three years after the later of--
(A) the date of the end of the last voyage for which
the wages are claimed; or
(B) the receipt[, by a seaman who is a claimant in
the suit,] by the seaman of a payment of wages that are
the subject of the suit that is made in the ordinary
course of employment.
(h) Subsections (f) and (g) of this section do not apply to a
fishing or whaling vessel or a yacht.
(i) This section applies to a seaman on a foreign vessel when
in a harbor of the United States. The courts are available to
the seaman for the enforcement of this section.
* * * * * * *
CHAPTER 105--COASTWISE VOYAGES
* * * * * * *
Sec. 10504. Wages
(a) After the beginning of a voyage, a seaman is entitled to
receive from the master, on demand, one-half of the balance of
wages earned and unpaid at each port at which the vessel loads
or delivers cargo during the voyage. A demand may not be made
before the expiration of 5 days from the beginning of the
voyage, not more than once in 5 days, and not more than once in
the same port on the same entry. If a master does not comply
with this subsection, the seaman is released from the agreement
required by section 10502 of this title and is entitled to
payment of all wages earned. Notwithstanding a release signed
by a seaman under section 10312 of this title, a court having
jurisdiction may set aside, for good cause shown, the release
and take action that justice requires. This subsection does not
apply to a fishing or whaling vessel or a yacht.
(b) The master shall pay a seaman the balance of wages due
the seaman within 2 days after the termination of the agreement
required by section 10502 of this title or when the seaman is
discharged, whichever is earlier.
(c)(1) Subject to subsection (d), and except as provided in
paragraph (2), when payment is not made as provided under
subsection (b) of this section without sufficient cause, the
master or owner shall pay to the seaman 2 days' wages for each
day payment is delayed.
(2) The total amount required to be paid under paragraph (1)
with respect to [all claims in a class action suit by seamen]
each claim by a seaman on a passenger vessel capable of
carrying more than 500 passengers for wages under this section
against a vessel master, owner, or operator or the employer of
[the seamen] the seaman shall not exceed ten times the unpaid
wages that are the subject of the claims.
(3) A [class action] suit for wages under this subsection
must be commenced within three years after the later of--
(A) the date of the end of the last voyage for which
the wages are claimed; or
(B) the receipt[, by a seaman who is a claimant in
the suit,] by the seaman of a payment of wages that are
the subject of the suit that is made in the ordinary
course of employment.
(d) Subsections (b) and (c) of this section do not apply to:
(1) a vessel engaged in coastwise commerce.
(2) a yacht.
(3) a fishing vessel.
(4) a whaling vessel.
(e) This section applies to a seaman on a foreign vessel when
in harbor of the United States. The courts are available to the
seaman for the enforcement of this section.
(f) Deposits in Seaman Account.--On written request signed by
the seaman, a seaman employed on a passenger vessel capable of
carrying more than 500 passengers may authorize, the master,
owner, or operator of the vessel, or the employer of the
seaman, to make deposits of wages of the seaman into a
checking, savings, investment, or retirement account, or other
account to secure a payroll or debit card for the seaman if--
(1) the wages designated by the seaman for such
deposit are deposited in a United States or
international financial institution designated by the
seaman;
(2) such deposits in the financial institution are
fully guaranteed under commonly accepted international
standards by the government of the country in which the
financial institution is licensed;
(3) a written wage statement or pay stub, including
an accounting of any direct deposit, is delivered to
the seaman no less often than monthly; and
(4) while on board the vessel on which the seaman is
employed, the seaman is able to arrange for withdrawal
of all funds on deposit in the account in which the
wages are deposited.
* * * * * * *
CHAPTER 111--PROTECTION AND RELIEF
* * * * * * *
Sec. 11113. Treatment of abandoned seafarers
(a) Abandoned Seafarers Fund.--
(1) Establishment.--There is established in the
Treasury a separate account to be known as the
Abandoned Seafarers Fund.
(2) Authorized uses.--Amounts in the Fund may be
appropriated to the Secretary for use--
(A) to pay necessary support of a seafarer--
(i) who--
(I) was paroled into the
United States under section
212(d)(5) of the Immigration
and Nationality Act (8 U.S.C.
1182(d)(5)), or for whom the
Secretary has requested parole
under such section; and
(II) is involved in an
investigation, reporting,
documentation, or adjudication
of any matter that is related
to the administration or
enforcement of law by the Coast
Guard; or
(ii) who--
(I) is physically present in
the United States;
(II) the Secretary determines
was abandoned in the United
States; and
(III) has not applied for
asylum under the Immigration
and Nationality Act (8 U.S.C.
1101 et seq.); and
(B) to reimburse a vessel owner or operator
for the costs of necessary support of a
seafarer who has been paroled into the United
States to facilitate an investigation,
reporting, documentation, or adjudication of
any matter that is related to the
administration or enforcement of law by the
Coast Guard, if--
(i) the vessel owner or operator is
not convicted of a criminal offense
related to such matter; or
(ii) the Secretary determines that
reimbursement is appropriate.
(3) Crediting of amounts to fund.--
(A) In general.--Except as provided in
subparagraph (B), there shall be credited to
the Fund the following:
(i) Penalties deposited in the Fund
under section 9 of the Act to Prevent
Pollution from Ships (33 U.S.C. 1908).
(ii) Amounts reimbursed or recovered
under subsection (c).
(B) Limitation.--Amounts may be credited to
the Fund under subparagraph (A) only if the
unobligated balance of the Fund is less than
$5,000,000.
(4) Report required.--On the date on which the
President submits each budget for a fiscal year
pursuant to section 1105 of title 31, the Secretary
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 that describes--
(A) the amounts credited to the Fund under
paragraph (2) for the preceding fiscal year;
and
(B) amounts in the Fund that were expended
for the preceding fiscal year.
(b) Limitation.--Nothing in this section shall be construed--
(1) to create a private right of action or any other
right, benefit, or entitlement to necessary support for
any person; or
(2) to compel the Secretary to pay or reimburse the
cost of necessary support.
(c) Reimbursement; Recovery.--
(1) In general.--A vessel owner or operator shall
reimburse the Fund an amount equal to the total amount
paid from the Fund for necessary support of a seafarer,
if--
(A) the vessel owner or operator--
(i) during the course of an
investigation, reporting,
documentation, or adjudication of any
matter [under this Act] that the Coast
Guard referred to a United States
attorney or the Attorney General, fails
to provide necessary support of a
seafarer who was paroled into the
United States to facilitate the
investigation, reporting,
documentation, or adjudication; and
(ii) subsequently is--
(I) convicted of a criminal
offense related to such matter;
or
(II) required to reimburse
the Fund pursuant to a court
order or negotiated settlement
related to such matter; or
(B) the vessel owner or operator abandons a
seafarer in the United States, as determined by
the Secretary based on substantial evidence.
(2) Enforcement.--If a vessel owner or operator fails
to reimburse the Fund under paragraph (1) within 60
days after receiving a written, itemized description of
reimbursable expenses and a demand for payment, the
Secretary may--
(A) proceed in rem against the vessel on
which the seafarer served in the Federal
district court for the district in which the
vessel is found; and
(B) withhold or revoke the clearance required
under section 60105 for the vessel and any
other vessel operated by the same operator (as
that term is defined in section 2(9)(a) of the
Act to Prevent Pollution from Ships (33 U.S.C.
1901(9)(a)) as the vessel on which the seafarer
served.
(3) Obtaining clearance.--A vessel may obtain
clearance from the Secretary after it is withheld or
revoked under paragraph (2)(B) if the vessel owner or
operator--
(A) reimburses the Fund the amount required
under paragraph (1); or
(B) provides a bond, or other evidence of
financial responsibility, sufficient to meet
the amount required to be reimbursed under
paragraph (1).
(4) Notification required.--The Secretary shall
notify the vessel at least 72 hours before taking any
action under paragraph (2)(B).
(d) Definitions.--In this section:
(1) Abandons; abandoned.--Each of the terms
``abandons'' and ``abandoned'' means--
(A) a vessel owner's or operator's unilateral
severance of ties with a seafarer; or
(B) a vessel owner's or operator's failure to
provide necessary support of a seafarer.
(2) Fund.--The term ``Fund'' means the Abandoned
Seafarers Fund established under this section.
(3) Necessary support.--The term ``necessary
support'' means normal wages and expenses the Secretary
considers reasonable for lodging, subsistence,
clothing, medical care (including hospitalization),
repatriation, and any other support the Secretary
considers to be appropriate.
(4) Seafarer.--The term ``seafarer'' means an alien
crew member who is employed or engaged in any capacity
on board a vessel subject to the jurisdiction of the
United States.
(5) Vessel subject to the jurisdiction of the united
states.--The term ``vessel subject to the jurisdiction
of the United States'' has the meaning given that term
in section 70502(c), except that it does not include a
vessel that is--
(A) owned, or operated under a bareboat
charter, by the United States, a State or
political subdivision thereof, or a foreign
nation; and
(B) not engaged in commerce.
* * * * * * *
Subtitle III--Maritime Liability
* * * * * * *
CHAPTER 301--GENERAL LIABILITY PROVISIONS
* * * * * * *
Sec. 30104. Personal injury to or death of seamen
(a) In General._A seaman injured in the course of employment
or, if the seaman dies from the injury, the personal
representative of the seaman may elect to bring a civil action
at law, with the right of trial by jury, against the employer.
Laws of the United States regulating recovery for personal
injury to, or death of, a railway employee apply to an action
under this section.
(b) Restriction on Recovery for Nonresident 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
engagement of the seaman by or for a passenger vessel duly
registered under the laws of a foreign nation, may not be
brought under the laws of the United States if--
(1) such seaman was not a permanent resident alien of
the United States at the time the claim arose;
(2) the injury, illness, or death arose outside the
territorial waters of the United States; and
(3) the seaman or the seaman's personal
representative has or had a right to seek compensation
for the injury, illness, or death in, or under the laws
of--
(A) the nation in which the vessel was
registered at the time the claim arose; or
(B) the nation in which the seaman maintained
citizenship or residency at the time the claim
arose.
* * * * * * *
CHAPTER 313--COMMERCIAL INSTRUMENTS AND MARITIME LIENS
SUBCHAPTER I--GENERAL
Sec.
31301. Definitions.
* * * * * * *
31310. Treatment of fishing permits.
* * * * * * *
Subchapter I--GENERAL
* * * * * * *
Sec. 31310. Treatment of fishing permits
(a) Limitation on Maritime Liens.--This chapter--
(1) does not establish a maritime lien on a fishing
permit; and
(2) does not authorize any civil action to enforce a
maritime lien on a fishing permit.
(b) Treatment of Fishing Permits Under State and Federal
Law.--A fishing permit--
(1) is governed solely by the State or Federal law
under which it is issued; and
(2) shall not be treated as part of a vessel, or as
an appurtenance or intangible of a vessel, for any
purpose under Federal law.
(c) Authority of Secretary of Commerce Not Affected.--Nothing
in this section shall be construed as imposing any limitation
upon the authority of the Secretary of Commerce--
(1) to modify, suspend, revoke, or impose a sanction
on any fishing permit issued by the Secretary of
Commerce; or
(2) to bring a civil action to enforce such a
modification, suspension, revocation, or sanction.
(d) Fishing Permit Defined.--In this section the term
``fishing permit'' means any authorization of a person or
vessel to engage in fishing that is issued under State or
Federal law.
* * * * * * *
Subtitle V--Merchant Marine
* * * * * * *
Part D--Promotional Programs
* * * * * * *
CHAPTER 553--PASSENGER AND CARGO PREFERENCES
Subchapter I--GENERAL
* * * * * * *
Sec. 55305. Cargoes procured, furnished, or financed by the United
States Government
(a) Definition.--In this section, the term ``privately-owned
commercial vessel of the United States'' does not include a
vessel that, after September 21, 1961, was built or rebuilt
outside the United States or documented under the laws of a
foreign country, until the vessel has been documented under the
laws of the United States for at least 3 years.
(b) Minimum Tonnage.--When the United States Government
procures, contracts for, or otherwise obtains for its own
account, or furnishes to or for the account of a foreign
country, organization, or persons without provision for
reimbursement, any equipment, materials, or commodities, or
provides financing in any way with Federal funds for the
account of any persons unless otherwise exempted, within or
without the United States, or advances funds or credits, or
guarantees the convertibility of foreign currencies in
connection with the furnishing or obtaining of the equipment,
materials, or commodities, the appropriate agencies shall take
steps necessary and practicable to ensure that at least 50
percent of the gross tonnage of the equipment, materials, or
commodities (computed separately for dry bulk carriers, dry
cargo liners, and tankers) which may be transported on ocean
vessels is transported on privately-owned commercial vessels of
the United States, to the extent those vessels are available at
fair and reasonable rates for commercial vessels of the United
States, in a manner that will ensure a fair and reasonable
participation of commercial vessels of the United States in
those cargoes by geographic areas.
(c) Waivers.--The President, the Secretary of Defense, or
Congress (by concurrent resolution or otherwise) may waive this
section temporarily by--
(1) declaring the existence of an emergency
justifying a waiver; and
(2) notifying the appropriate agencies of the waiver.
(d) Programs of Other Agencies.--
[(1) Each department or agency that has
responsibility for a program under this section shall
administer that program with respect to this section
under regulations and guidance issued by the Secretary
of Transportation. The Secretary, after consulting with
the department or agency or organization or person
involved, shall have the sole responsibility for
determining if a program is subject to the requirements
of this section.]
(1) Each department or agency that has responsibility
for a program under this section shall administer that
program consistent with this section and any
regulations and guidance issued by the Secretary of
Transportation concerning this section.
(2)(A) The Secretary, after consulting with the
department, agency, organization, or person involved,
shall have exclusive authority for determining the
applicability of this section to a program of a Federal
department or agency, after consulting with the
department, agency, organization, or person involved.
(B) The head of a Federal department or agency shall
request the Secretary to determine the applicability of
this section to a program of such department or agency
if the department or agency is uncertain of such
applicability. Not later than 30 days after receiving
such a request, the Secretary shall make such
determination.
(C) Subparagraph (B) shall not be construed to limit
the authority of the Secretary to make a determination
regarding the applicability of this section to a
program administered by a Federal department or agency.
(D) A determination made by the Secretary under this
paragraph regarding a program shall remain in effect
until the Secretary determines that this section no
longer applies to such program.
[(2)] (3) The Secretary--
[(A) shall conduct an annual review of the
administration of programs determined pursuant
to paragraph (1) as subject to the requirements
of this section;]
(A) shall conduct an annual review of the
administration of programs subject to the
requirements of this section to determine
compliance with the requirements of this
section;
(B) may direct agencies to require the
transportation on United States-flagged vessels
of cargo shipments not otherwise subject to
this section in equivalent amounts to cargo
determined to have been shipped on foreign
carriers in violation of this section;
(C) may impose on any person that violates
this section, or a regulation prescribed under
this section, a civil penalty of not more than
$25,000 for each violation willfully and
knowingly committed, with each day of a
continuing violation following the date of
shipment to be a separate violation; and
(D) may take other measures as appropriate
under the Federal Acquisition Regulations
issued pursuant to section 25(c)(1) of the
Office of Federal Procurement Policy Act (41
U.S.C. 421(c)(1) or contract with respect to
each violation.
(4) On the date on which the President submits to
Congress a budget pursuant to section 1105 of title 31,
the Secretary shall make available on the Internet
website of the Department of Transportation a report
that--
(A) lists the programs that were subject to
determinations made by the Secretary under
paragraph (2) in the preceding year; and
(B) describes the results of the most recent
annual review required by paragraph (3)(A),
including identification of the departments and
agencies that transported cargo in violation of
this section and any action the Secretary took
under paragraph (3) with respect to each
violation.
(e) Security of Government-Impelled Cargo.--
(1) In order to ensure 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), when responsible
for the carriage of such equipment, materials, or
commodities, to reimburse, subject to the availability
of appropriations, the owners or operators of vessels
of the United States carrying such equipment,
materials, or commodities for the cost of providing
armed personnel aboard such vessels if the vessels are
transiting high-risk waters.
(2) In this subsection, the term ``high-risk waters''
means waters so designated by the Commandant of the
Coast Guard in the maritime security directive issued
by the Commandant and in effect on the date on which an
applicable voyage begins, if the Secretary of
Transportation--
(A) determines that an act of piracy occurred
in the 12-month period preceding the date the
voyage begins; or
(B) in such period, issued an advisory
warning that an act of piracy is possible in
such waters.
* * * * * * *
Part F--Government-Owned Merchant Vessels
* * * * * * *
CHAPTER 575--CONSTRUCTION, CHARTER, AND SALE OF VESSELS
SUBCHAPTER I--GENERAL
Sec.
57501. Completion of long-range program.
* * * * * * *
SUBCHAPTER II--CHARTERS
* * * * * * *
57522. Books and records, balance sheets, and inspection and auditing.
* * * * * * *
Subchapter I--GENERAL
Sec. 57501. Completion of long-range program
Whenever the Secretary of Transportation determines that the
objectives and policies declared in sections 50101 and 50102 of
this title cannot be fully realized within a reasonable time
under [titles V and VI] title V of the Merchant Marine Act,
1936, and the President approves the determination, the
Secretary, in accordance with this chapter, shall complete the
long-range program described in section 50102 of this title.
* * * * * * *
Subchapter II--CHARTERS
* * * * * * *
Sec. 57522. Books and records, balance sheets, and inspection and
auditing
Every contract executed by the Secretary of Transportation
under this chapter shall contain provisions requiring (1) that
the contractor and every affiliate, domestic agent, subsidiary,
or holding company connected with, or directly or indirectly
controlling or controlled by, the contractor, to keep its
books, records, and accounts, relating to the maintenance,
operation, and servicing of the vessels, services, routes, and
lines covered by the contract, in such form and under such
regulations as may be prescribed by the Secretary of
Transportation: Provided, that the contractor and every
affiliate, domestic agent, subsidiary, or holding company
connected with, or directly or indirectly controlling or
controlled by the contractor, to file, upon notice from the
Secretary of Transportation, balance sheets, profit and loss
statements, and such other statements of financial operations,
special report, memoranda of any facts and transactions, which
in the opinion of the Secretary of Transportation affect the
financial results in, the performance of, or transactions or
operations under, such contract; (2) that the Secretary of
Transportation shall be authorized to examine and audit the
books, records, and accounts of all persons referred to in this
section whenever he may deem it necessary or desirable; and (3)
that upon the willful failure or refusal of any person
described in this section to comply with the contract
provisions required by this section, the Secretary of
Transportation shall have the right to rescind the contract,
and upon such rescission the United States shall be relieved of
all further liability on such contract.
* * * * * * *
Subchapter III--MISCELLANEOUS
Sec. 57531. Construction and charter of vessels for unsuccessful routes
(a) In General.--If the Secretary of Transportation finds
that a trade route determined to be essential under section
50103 of this title cannot be successfully developed and
maintained and the Secretary's replacement program cannot be
achieved under private operation of the trade route by a
citizen of the United States with vessels documented under
chapter 121 of this title, without further aid by the United
States Government in addition to the financial aid authorized
under [titles V and VI] title V of the Merchant Marine Act,
1936, the Secretary, without advertisement or competition,
may--
(1) have constructed, in private shipyards or in navy
yards, vessels of the types necessary for the trade
route; and
(2) demise charter those new vessels to the operator
of vessels of the United States established on the
trade route.
(b) Amount of Charter Hire.--
(1) In general.--The annual charter hire under
subsection (a) shall be at least 4 percent of the price
(referred to in this section as the ``foreign cost'')
at which the vessel would be sold if constructed under
title V of the Merchant Marine Act, 1936, plus--
(A) a percentage of the depreciated foreign
cost computed annually determined by the
Secretary of the Treasury, taking into
consideration the current average market yield
on outstanding marketable obligations of the
Government with remaining periods to maturity
comparable to the term of the charter, adjusted
to the nearest one-eighth percent; and
(B) an allowance adequate in the judgment of
the Secretary of Transportation to cover
administrative costs.
(2) Depreciation.--Depreciation under paragraph
(1)(A) shall be based on--
(A) a 25-year life for dry-cargo and
passenger vessels; and
(B) a 20-year life for tankers and other bulk
liquid carrier vessels.
(c) Option To Purchase.--The charter may contain an option to
the charterer to purchase the vessels from the Secretary of
Transportation within 5 years after delivery under the charter,
on the same terms and conditions as provided in title V of the
Merchant Marine Act, 1936, for the purchase of new vessels from
the Secretary. However--
(1) the purchase price shall be the foreign cost less
depreciation to the date of purchase based on the
useful life specified in subsection (b)(2);
(2) the required cash payment payable at the time of
the purchase shall be 25 percent of the purchase price;
(3) the charter may provide that any part of the
charter hire paid in excess of the minimum charter hire
provided for in this section may be credited against
the cash payment payable at the time of the purchase;
(4) the balance of the purchase price shall be paid
within the remaining years of useful life (as specified
in subsection (b)(2)) after the date of delivery of the
vessel under the charter and in approximately equal
annual installments, except that the first installment,
which shall be payable on the next ensuing anniversary
date of the delivery under the charter, shall be a
proportionate part of the annual installment; and
(5) interest shall be payable on the unpaid balances
from the date of purchase, at a rate not less than--
(A) a rate determined by the Secretary of the
Treasury, taking into consideration the current
average market yield on outstanding marketable
obligations of the Government with remaining
periods to maturity comparable to the average
maturities of the loans, adjusted to the
nearest one-eighth percent; plus
(B) an allowance adequate in the judgment of
the Secretary of Transportation to cover
administrative costs.
(d) Operation of Vessel.--
(1) Permissible voyages.--The charter shall provide
for operation of the vessel exclusively--
(A) in foreign trade;
(B) on a round-the-world voyage;
(C) on a round voyage from the west coast of
the United States to a European port that
includes an intercoastal port of the United
States;
(D) on a round voyage from the Atlantic coast
of the United States to the Orient that
includes an intercoastal port of the United
States; or
(E) on a voyage in foreign trade on which the
vessel may stop at Hawaii or an island
territory or possession of the United States.
(2) Domestic trade.--The charter shall provide if the
vessel is operated in domestic trade on any of the
services specified in paragraph (1), the charterer will
pay annually to the Secretary of Transportation that
proportion of \1/25\ of the difference between the
domestic and foreign cost of the vessel as the gross
revenue derived from the domestic trade bears to the
gross revenue derived from the entire voyages completed
during the preceding year.
* * * * * * *
----------
SECTION 3511 OF THE DUNCAN HUNTER NATIONAL DEFENSE AUTHORIZATION ACT
FOR FISCAL YEAR 2009
* * * * * * *
SEC. 3511. TRANSPORTATION IN AMERICAN VESSELS OF GOVERNMENT PERSONNEL
AND CERTAIN CARGOES
(a) [Omitted--amendatory]
(b) [Omitted--amendatory]
[(c) Regulations.--The Secretary of Transportation shall
prescribe such rules as are necessary to carry out section
55305(d) of title 46, United States Code. The Secretary may
prescribe interim rules necessary to carry out section 55305(d)
of such title. An interim rule prescribed under this subsection
shall remain in effect until superseded by a final rule.]
(d) [Omitted--amendatory]
----------
PORTS AND WATERWAYS SAFETY ACT
Section 1. Short Title.
This Act may be cited as the ``Ports and Waterways Safety
Act''.
* * * * * * *
Sec. 6. Waterfront Safety.
(a) In General.--The Secretary may take such action as is
necessary to--
(1) prevent damage to, or the destruction of, any
bridge or other structure on or in the navigable waters
of the United States, or any land structure or shore
area immediately adjacent to such waters; and
(2) protect the navigable waters and the resources
therein from harm resulting from vessel or structure
damage, destruction, or loss. Such action may include,
but need not be limited to--
(A) establishing procedures, measures, and
standards for the handling, loading, unloading,
storage, stowage, and movement on the structure
(including the emergency removal, control, and
disposition) of explosives or other dangerous
articles and substances, including oil or
hazardous material as those terms are defined
in section 4417a of the Revised Statutes, as
amended;
(B) prescribing minimum safety equipment
requirements for the structure to assure
adequate protection from fire, explosion,
natural disaster, and other serious accidents
or casualties;
(C) establishing water or waterfront safety
zones, or other measures for limited,
controlled, or conditional access and activity
when necessary for the protection of any
vessel, structure, waters, or shore area; and
(D) establishing procedures for examination
to assure compliance with the requirements
prescribed under this section.
(b) State Law.--Nothing contained in this section, with
respect to structures, prohibits a State or political
subdivision thereof from prescribing higher safety equipment
requirements or safety standards than those which may be
prescribed by regulations hereunder.
(c) Marine Event Safety Zones.--
(1) In general.--Except as provided in paragraph (2),
the Secretary shall recover all costs the Coast Guard
incurs to enforce a safety zone under this section if
such safety zone is established for a marine event
conducted under a permit or other authorization by the
Coast Guard.
(2) Exception.--The Secretary may not recover costs
under paragraph (1) from a State or local government.
(3) Treatment of recovered costs.--Costs recovered by
the Secretary under this subsection shall be credited
to the appropriation for operating expenses of the
Coast Guard.
(4) Marine event defined.--In this section the term
``marine event'' means a planned activity of limited
duration that by its nature, circumstances, or
location, will introduce extra or unusual hazards to
the safety of life on the navigable waters of the
United States.
* * * * * * *
----------
ACT OF MARCH 3, 1899425.--
CHAPT. 425.--AN ACT Making appropriations for the construction, repair,
and preservation of certain public works on rivers and harbors, and for
other purposes.
* * * * * * *
Sec. 9. It shall not be lawful to construct or commence the
construction of any bridge, causeway, dam, or dike over or in
any port, roadstead, haven, harbor, canal, navigable river, or
other navigable water of the United States until the consent of
Congress to the building of such structures shall have been
obtained and until the plans for (1) the bridge or causeway
shall have been submitted to and approved by the [Secretary of
Transportation] Secretary of the department in which the Coast
Guard is operating, or (2) the dam or dike shall have been
submitted to and approved by the Chief of Engineers and
Secretary of the Army. However, such structures may be built
under authority of the legislature of a State across rivers and
other waterways the navigable portions of which lie wholly
within the limits of a single State, provided the location and
plans thereof are submitted to and approved by the [Secretary
of Transportation] Secretary of the department in which the
Coast Guard is operating or by the Chief of Engineers and
Secretary of the Army before construction is commenced. When
plans for any bridge or other structure have been approved by
the [Secretary of Transportation] Secretary of the department
in which the Coast Guard is operating or by the Chief of
Engineers and Secretary of the Army, it shall not be lawful to
deviate from such plans either before or after completion of
the structure unless modification of said plans has previously
been submitted to and received the approval of the [Secretary
of Transportation] Secretary of the department in which the
Coast Guard is operating or the Chief of Engineers and the
Secretary of the Army. The approval required by this section of
the location and plans or any modification of plans of any
bridge or causeway does not apply to any bridge or causeway
over waters that are not subject to the ebb and flow of the
tide and that are not used and are not susceptible to use in
their natural condition or by reasonable improvement as a means
to transport interstate or foreign commerce.
* * * * * * *
Sec. 18. (a) That whenever the [Secretary of Transportation]
Secretary of the department in which the Coast Guard is
operating shall have good reason to believe that any railroad
or other bridge now constructed, or which may hereafter be
constructed, over any of the navigable waterways of the United
States is an unreasonable obstruction to the free navigation of
such waters on account of insufficient height, width of span,
or otherwise, or where there is difficulty in passing the draw
opening or the draw span of such bridge by rafts, steamboats,
or other water craft, it shall be the duty of the said
Secretary, first giving the parties reasonable opportunity to
be heard, to give notice to the persons or corporations owning
or controlling such bridge so to alter the same as to render
navigation through or under it reasonably free, easy, and
unobstructed; and in giving such notice he shall specify the
changes that are required to be made, and shall prescribe in
each case a reasonable time in which to make them. If at the
end of such time the alteration has not been made, the
[Secretary of Transportation] Secretary of the department in
which the Coast Guard is operating shall forthwith notify the
United States district attorney for the district in which such
bridge is situated, to the end that the criminal proceedings
hereinafter mentioned may be taken. If the persons,
corporation, or association owning or controlling any railroad
or other bridge shall, after receiving notice to that effect,
as hereinbefore required, from the [Secretary of
Transportation] Secretary of the department in which the Coast
Guard is operating, and within the time prescribed by him
willfully fail or refuse to remove the same or to comply with
the lawful order of the [Secretary of Transportation] Secretary
of the department in which the Coast Guard is operating in the
premises, such persons, corporation, or association shall be
deemed guilty of a misdemeanor, and on conviction thereof shall
be punished by a fine not exceeding five thousand dollars, and
every month such persons, corporation, or association shall
remain in default in respect to the removal or alteration of
such bridge shall be deemed a new offense, and subject the
persons, corporation, or association so offending to the
penalties above prescribed.
(b) No owner or operator of any bridge, drawbridge, or
causeway shall endanger, unreasonably obstruct, or make
hazardous the free navigation of any navigable water of the
United States by reason of the failure to keep the bridge,
drawbridge, or causeway and any accessory works in proper
repair.
(c) Whoever violates any provision of this section or any
order issued under this section, shall be liable to a civil
penalty of not more than $5,000 for a violation occurring in
2004; $10,000 for a violation occurring in 2005; $15,000 for a
violation occurring in 2006; $20,000 for a violation occurring
in 2007; and $25,000 for a violation occurring in 2008 and any
year thereafter. Each day a violation continues shall be deemed
a separate offense. No penalty may be accessed under this
subsection until the person charged is given notice and an
opportunity for a hearing on the charge. The [Secretary of
Transportation] Secretary of the department in which the Coast
Guard is operating may access and collect any civil penalty
incurred under this subsection and, in his discretion, may
remit, mitigate, or compromise any penalty until the matter is
referred to the Attorney General. If a person against whom a
civil penalty is assessed under this subsection fails to pay
that penalty, an action may be commenced in the district court
of the United States for any district in which the violation
occurs for such penalty.
* * * * * * *
----------
ACT OF MARCH 23, 1906
AN ACT To regulate the construction of bridges over navigable waters.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That when,
hereafter, authority is granted by Congress to any persons to
construct and maintain a bridge across or over any of the
navigable waters of the United States, such bridge shall not be
built or commenced until the plans and specifications for its
construction, together with such drawings of the proposed
construction and such map of the proposed location as may be
required for a full understanding of the subject, have been
submitted to the [Secretary of Transportation] Secretary of the
department in which the Coast Guard is operating for the
Secretary's approval, nor until the Secretary shall have
approved such plans and specifications and the location of such
bridge and accessory works; and when the plans for any bridge
to be constructed under the provisions of this Act have been
approved by the Secretary it shall not be lawful to deviate
from such plans, either before or after completion of the
structure, unless the modification of such plans has previously
been submitted to and received the approval of the Secretary.
This section shall not apply to any bridge over waters which
are not subject to the ebb and flow of the tide and which are
not used and are not susceptible to use in their natural
condition or by reasonable improvement as a means to transport
interstate or foreign commerce.
* * * * * * *
Sec. 4. That no bridge erected or maintained under the
provisions of this Act shall at any time unreasonably obstruct
the free navigation of the waters over which it is constructed,
and if any bridge erected in accordance with the provisions of
this Act shall, in the opinion of the [Secretary of Homeland
Security] Secretary of the department in which the Coast Guard
is operating, at any time unreasonably obstruct such
navigation, either on account of insufficient height, width of
span, or otherwise, or if there be difficulty in passing the
draw opening or the drawspan of such bridge by rafts,
steamboats, or other water craft, it shall be the duty of the
[Secretary of Homeland Security] Secretary of the department in
which the Coast Guard is operating, after giving the parties
interested reasonable opportunity to be heard, to notify the
persons owning or controlling such bridge to so alter the same
as to render navigation through or under it reasonably free,
easy, and unobstructed, stating in such notice the changes
required to be made, and prescribing in each case a reasonable
time in which to make such changes, and if at the end of the
time so specified the changes so required have not been made,
the persons owning or controlling such bridge shall be deemed
guilty of a violation of this Act; and all such alterations
shall be made and all such obstructions shall be removed at the
expense of the persons owning or operating said bridge. The
persons owning or operating any such bridge shall maintain, at
their own expense, such lights and other signals thereon as the
Secretary of Commerce and Labor shall prescribe. If the bridge
shall be constructed with a draw, then the draw shall be opened
promptly by the persons owning or operating such bridge upon
reasonable signal for the passage of boats and other water
craft.
Sec. 5. (a) That any persons who shall willfully fail or
refuse to comply with the lawful order of the [Secretary of
Transportation] Secretary of the department in which the Coast
Guard is operating or the Chief of Engineers, made in
accordance with the provisions of this Act, shall be deemed
guilty of a misdemeanor and on conviction thereof shall be
punished in any court of competent jurisdiction by a fine not
exceeding five thousand dollars, and every month such persons
shall remain in default shall be deemed a new offense and
subject such persons to additional penalties therefor; and in
addition to the penalties above described the [Secretary of
Transportation] Secretary of the department in which the Coast
Guard is operating and the Chief of Engineers may, upon refusal
of the persons owning or controlling any such bridge and
accessory works to comply with any lawful order issued by the
[Secretary of Transportation] Secretary of the department in
which the Coast Guard is operating or Chief of Engineers in
regard thereto, cause the removal of such bridge and accessory
works at the expense of the persons owning or controlling such
bridge, and suit for such expense may be brought in the name of
the United States against such persons, and recovery had for
such expense in any court of competent jurisdiction; and the
removal of any structures erected or maintained in violation of
the provisions of this Act or the order or direction of the
[Secretary of Transportation] Secretary of the department in
which the Coast Guard is operating or Chief of Engineers made
in pursuance thereof may be enforced by injunction, mandamus,
or other summary process, upon application to the circuit court
in the district in which such structure may, in whole or in
part, exist, and proper proceedings to this end may be
instituted under the direction of the Attorney-General of the
United States at the request of the [Secretary of
Transportation] Secretary of the department in which the Coast
Guard is operating; and in case of any litigation arising from
any obstruction or alleged obstruction to navigation created by
the construction of any bridge under this Act, the cause or
question arising may be tried before the circuit court of the
United States in any district which any portion of said
obstruction or bridge touches.
(b) Whoever violates any provision of this Act, or any order
issued under this Act, shall be liable to a civil penalty of
not more than $5,000 for a violation occurring in 2004; $10,000
for a violation occurring in 2005; $15,000 for a violation
occurring in 2006; $20,000 for a violation occurring in 2007;
and $25,000 for a violation occurring in 2008 and any year
thereafter. Each day a violation continues shall be deemed a
separate offense. No penalty may be assessed under this
subsection until the person charged is given notice and an
opportunity for a hearing on the charge. The [Secretary of
Transportation] Secretary of the department in which the Coast
Guard is operating may assess and collect any civil penalty
incurred under this subsection and, in his discretion, may
remit, mitigate, or compromise any penalty until the matter is
referred to the Attorney General. If a person against whom a
civil penalty is assessed under this subsection fails to pay
that penalty, an action may be commenced in the district court
of the United States for any district in which the violation
occurs for such penalty.
* * * * * * *
----------
SECTION 5 OF THE ACT OF AUGUST 18, 1894
AN ACT Making appropriations for the construction, repair, and
preservation of certain public works on rivers and harbors, and for
other purposes.
* * * * * * *
Sec. 5. (a) That it shall be the duty of all persons owning,
operating, and tending the drawbridges now built, or which may
hereafter be built across the navigable rivers and other waters
of the United States, to open, or cause to be opened, the draws
of such bridges under such rules and regulations as in the
opinion of the [Secretary of Transportation] Secretary of the
department in which the Coast Guard is operating the public
interests require to govern the opening of drawbridges for the
passage of vessels and other water crafts, and such rules and
regulations, when so made and published, shall have the force
of law. Every such person who shall willfully fail or refuse to
open, or cause to be opened, the dram of any such bridge for
the passage of a boat or boats, as provided in such
regulations, shall be deemed guilty of a misdemeanor, and on
conviction thereof shall be punished by a fine of not more than
two thousand dollars nor less one thousand dollars, or by
imprisonment (in the case of a natural person) for not
exceeding one year, or by both such fine and imprisonment, in
the discretion of the court: Provided, That the proper action
to enforce the provisions of this subsection may be commenced
before any commissioner, judge, or court of the United States,
and such commissioner, judge, or court shall proceed in respect
thereto as authorized by law in case of crimes against the
United States: Provided further, That whenever, in the opinion
of the [Secretary of Transportation] Secretary of the
department in which the Coast Guard is operating, the public
interests require it, he may make rules and regulations to
govern the opening of drawbridges for the passage of vessels
and other water crafts, and such rules and regulations, when so
made and published, shall have the force of law, and any
willful violation thereof shall be punished as hereinbefore
provided. Any rules and regulations made in pursuance of this
section shall, to the extent practical and feasible, provide
for regularly scheduled openings of drawbridges during seasons
of the year, and during times of the day, when scheduled
openings would help reduce motor vehicle traffic delays and
congestion on roads and highways linked by drawbridges.
(b) No vessel owner or operator shall signal a drawbridge to
open for any nonstructural vessel appurtenance which is not
essential to navigation or which is easily lowered and no
person shall unreasonably delay the opening of a draw after the
signal required by rules or regulations under this section has
been given. The [Secretary of Transportation] Secretary of the
department in which the Coast Guard is operating shall issue
rules and regulations to implement this subsection.
(c) Whoever violates any rule or regulation issued under
subsection (a) or (b), shall be liable to a civil penalty of
not more than $5,000 for a violation occurring in 2004; $10,000
for a violation occurring in 2005; $15,000 for a violation
occurring in 2006; $20,000 for a violation occurring in 2007;
and $25,000 for a violation occurring in 2008 and any year
thereafter. No penalty may be assessed under this subsection
until the person charged is given notice and an opportunity for
a hearing on the charge. The [Secretary of Transportation]
Secretary of the department in which the Coast Guard is
operating may assess and collect any civil penalty incurred
under this subsection and, in his discretion, may remit,
mitigate, or compromise any penalty until the matter is
referred to the Attorney General. If a person against whom a
civil penalty is assessed under this subsection fails to pay
that penalty, an action may be commenced in the district court
of the United States for any district in which the violation
occurs for such penalty.
* * * * * * *
----------
ACT OF JUNE 21, 1940
AN ACT To provide for the alteration of certain bridges over navigable
waters of the United States, for the apportionment of the cost of such
alterations between the United States and the owners of such bridges,
and for other purposes.
definitions
Section 1. When used in this Act, unless the context
indicates otherwise--
The term ``alteration'' includes changes of any kind,
reconstruction, or removal in whole or in part.
The term ``bridge'' means a lawful bridge over navigable
waters of the United States, including approaches, fenders, and
appurtenances thereto, which is used and operated for the
purpose of carrying railroad traffic, or both railroad and
highway traffic, or if a State, county, municipality, or other
political subdivision is the owner or joint owner thereof,
which is used and operated for the purpose of carrying highway
traffic.
The term ``bridge owner'' means any State, county,
municipality, or other political subdivision, or any
corporation, association, partnership, or individual owning, or
jointly owning, any bridge, and, when any bridge shall be in
the possession or under the control of any trustee, receiver,
trustee in a case under title 11 of the United States Code, or
lessee, such term shall include both the owner of the legal
title and the person or the entity in possession or control of
such bridge.
The term ``Secretary'' means the [Secretary of
Transportation] Secretary of the department in which the Coast
Guard is operating.
The term ``United States'', when used in a geographical
sense, includes the Territories and possessions of the United
States.
* * * * * * *
submission and approval of general plans and specifications
Sec. 4. After the service of an order under this Act, it
shall be the duty of the bridge owner to prepare and submit to
the [Secretary of Transportation] Secretary of the department
in which the Coast Guard is operating, within a reasonable time
as prescribed by the Secretary, general plans and
specifications to provide for the alteration of such bridge in
accordance with such order, and for such additional alteration
of such bridge as the bridge owner may desire to meet the
necessities of railroad or highway traffic, or both. The
Secretary may approve or reject such general plans and
specifications, in whole or in part, and may require the
submission of new or additional plans and specifications, but
when the Secretary shall have approved general plans and
specifications, they shall be final and binding upon all
parties unless changes therein be afterward approved by the
Secretary and the bridge owner.
* * * * * * *
payment of share of the united states
Sec. 7. Following service of the order requiring alteration
of the bridge, the [Secretary of Transportation] Secretary of
the department in which the Coast Guard is operating may make
partial payments as the work progresses to the extent that
funds have been appropriated. The total payments out of Federal
funds shall not exceed the proportionate share of the United
States of the total cost of the project paid or incurred by the
bridge owner, and, if such total cost exceeds the cost
guaranteed by the bridge owner, shall not exceed the
proportionate share of the United States of such guaranteed
cost, except that if the cost of the work exceeds the
guaranteed cost by reason of emergencies, conditions beyond the
control of the owner, or unforeseen or undetermined conditions,
the [Secretary of Transportation] Secretary of the department
in which the Coast Guard is operating may, after full review of
all the circumstances, provide for additional payments by the
United States to help defray such excess cost to the extent he
deems to be reasonable and proper, and shall certify such
additional payments to the Secretary of the Treasury for
payment. All payments to any bridge owner herein provided for
shall be made by the Secretary of the Treasury through the
Division of Disbursement upon certifications of the [Secretary
of Transportation] Secretary of the department in which the
Coast Guard is operating.
* * * * * * *
relocation of bridges
Sec. 13. If the owner of any bridge and the Secretary shall
agree that in order to remove an obstruction to navigation, or
for any other purpose, a relocation of such bridge or the
construction of a new bridge upon a new location would be
preferable to an alteration of the existing bridge, such
relocation or new construction may be carried out at such new
site and upon such terms as may be acceptable to the bridge
owner and the Secretary, and the cost of such relocation or new
construction, including also any expense of changes in and
additions to rights-of-way, stations, tracks, spurs, sidings,
switches, signals, and other railroad facilities and property,
and relocation of shippers required for railroad connection
with the bridge at the new site, shall be apportioned as
between the bridge owner and the United States in the manner
which is provided for in section 6 hereof in the case of an
alteration and the share of the United States paid from the
appropriation authorized in section 8 hereof: Provided, That
nothing in this section shall be construed as requiring the
United States to pay any part of the expense of building any
bridge across a navigable stream which the [Secretary of
Transportation] Secretary of the department in which the Coast
Guard is operating shall not find to be, in fact, a relocation
of an existing bridge.
----------
GENERAL BRIDGE ACT 1946
TITLE V--GENERAL BRIDGE ACT
SHORT TITLE
Sec. 501. This title may be cited as the ``General Bridge Act
of 1946''.
CONSENT OF CONGRESS
Sec. 502. (a) The consent of Congress is hereby granted for
the construction, maintenance, and operation of bridges and
approaches thereto over the navigable waters of the United
States, in accordance with the provisions of this title.
(b) The location and plans for such bridges shall be approved
by the [Secretary of Transportation] Secretary of the
department in which the Coast Guard is operating before
construction is commenced, and, in approving the location and
plans of any bridge, the Secretary may impose any specific
conditions relating to the maintenance and operation of the
structure which the Secretary may deem necessary in the
interest of public navigation, and the conditions so imposed
shall have the force of law. This subsection shall not apply to
any bridge over waters which are not subject to the ebb and
flow of the tide and which are not used and are not susceptible
to use in their natural condition or by reasonable improvement
as a means to transport interstate or foreign commerce.
(c) Notwithstanding the provisions of subsections (a) and
(b), it shall be unlawful to construct or commence the
construction of any privately owned highway toll bridge until
the location and plans thereof shall also have been submitted
to and approved by the highway department or departments of the
State or States in which the bridge and its approaches are
situated; and where such bridge shall be between two or more
States and the highway departments thereof shall be unable to
agree upon the location and plans therefor, or if they, or
either of them, shall fail or refuse to act upon the location
and plans submitted, such location and plans then shall be
submitted to the Public Roads Administration and, if approved
by the Public Roads Administration, approval by the highway
departments shall not be required.
* * * * * * *
PENALTIES
Sec. 510. (a) Any person who willfully fails or refuses to
comply with any lawful order of the [Secretary of
Transportation] Secretary of the department in which the Coast
Guard is operating or the Chief of Engineers issued under the
provisions of this title, or who willfully fails to comply with
any specific condition imposed by the Chief of Engineers and
the [Secretary of Transportation] Secretary of the department
in which the Coast Guard is operating relating to the
maintenance and operation of bridges, or who willfully refuses
to produce books, papers, or documents in obedience to a
subpena or other lawful requirement under this title, or who
otherwise willfully violates any provisions of this title,
shall, upon conviction thereof, be punished by a fine of not to
exceed $5,000 or by imprisonment for not more than one year, or
by both such fine and imprisonment.
(b) Whoever violates any provision of this Act, or any order
issued under this Act, shall be liable to a civil penalty of
not more than $5,000 for a violation occurring in 2004; $10,000
for a violation occurring in 2005; $15,000 for a violation
occurring in 2006; $20,000 for a violation occurring in 2007;
and $25,000 for a violation occurring in 2008 and any year
thereafter. Each day a violation continues shall be deemed a
separate offense. No penalty may be assessed under this
subsection until the person charged is given notice and an
opportunity for a hearing on the charge. The [Secretary of
Transportation] Secretary of the department in which the Coast
Guard is operating may assess and collect any civil penalty
incurred under this subsection and, in his discretion, may
remit, mitigate, or compromise any penalty until the matter is
referred to the Attorney General. If a person against whom a
civil penalty is assessed under this subsection fails to pay
that penalty, an action may be commenced in the district court
of the United States for any district in which the violation
occurs for such penalty.
* * * * * * *
----------
INTERNATIONAL BRIDGE ACT OF 1972
* * * * * * *
Sec. 5. The approval of the [Secretary of Transportation]
Secretary of the department in which the Coast Guard is
operating, as required by the first section of the Act of March
23, 1906 (33 U.S.C. 491), shall be given only subsequent to the
President's approval, as provided for in section 4 of this Act,
and shall be null and void unless the construction of the
bridge is commenced within two years and completed within five
years from the date of the Secretary's approval: Provided,
however, That the Secretary, for good cause shown, map extend
for a reasonable time either or both of the time limits herein
provided.
* * * * * * *
Sec. 8. (a) Nothing in this act shall be deemed to prevent
the individual, corporation, or other entity to which, pursuant
to this act, authorization has been given to construct,
operate, and maintain an international bridge and the
approaches thereto, from selling, assigning, or transferring
the rights, powers, and privileges conferred by this act:
Provided, that such sale, assignment, or transfer shall be
subject to approval by the [Secretary of Transportation]
Secretary of the department in which the Coast Guard is
operating.
(b) Upon the acquisition by a State or States, or by a
subdivision or instrumentality thereof, of the right, title,
and interest of a private individual, corporation, or other
private entity, in and to an international bridge, any license,
contract, or order issued or entered into by the [Secretary of
Transportation] Secretary of the department in which the Coast
Guard is operating, to or with such private individual,
corporation, or other private entity, shall be deemed
terminated forthwith. Thereafter, the State, subdivision, or
instrumentality so acquiring shall operate and maintain such
bridge in the same manner as if it had been the original
applicant, and the provisions of section 6 of this Act shall
not apply.
* * * * * * *
[Sec. 11. The Secretary of Transportation shall make a
report of all approvals granted by him during the fiscal year
pursuant to section 5 of this Act in each annual report of the
activities of the Department required by section 11 of the
Department of Transportation Act (49 U.S.C. 1658).]
* * * * * * *
----------
MERCHANT MARINE ACT, 1936
* * * * * * *
TITLE VI--VESSEL OPERATING ASSISTANCE PROGRAMS
Subtitle A--Operating-Differential Subsidy Program
[Sec. 601. (a) The Secretary of Transportation is authorized
and directed to consider the application of any citizen of the
United States for financial aid in the operation of a vessel or
vessels, which are to be used in an essential service in the
foreign commerce of the United States or in such service and in
cruises authorized under section 613 of this title. In this
title VI the term ``essential service'' means the operation of
a vessel on a service, route, or line described in section
211(a) or in bulk cargo carrying service described in section
211(b). No such application shall be approved by the Secretary
of Transportation unless he determines that (1) the operation
of such vessel or vessels in an essential service is required
to meet foreign-flag competition and to promote the foreign
commerce of the United States except to the extent such vessels
are to be operated on cruises authorized under section 613 of
this title, and that such vessel or vessels were built in the
United States, or have been documented under the laws of the
United States not later than February 1, 1928, or actually
ordered and under construction for the account of citizens of
the United States prior to such date; (2) the applicant owns or
leases, or can and will build or purchase or lease, a vessel or
vessels of the size, type, speed, and number, and with the
proper equipment required to enable him to operate in an
essential service, in such manner as may be necessary to meet
competitive conditions, and to promote foreign commerce; (3)
the applicant possesses the ability, experience, financial
resources, and other qualifications necessary to enable him to
conduct the proposed operations of the vessel or vessels as to
meet competitive conditions and promote foreign commerce; (4)
the granting of the aid applied for is necessary to place the
proposed operations of the vessel or vessels on a parity with
those of foreign competitors, and is reasonably calculated to
carry out effectively the purposes and policy of this Act. To
the extent the application covers cruises, as authorized under
section 613 of this title, the Secretary of Transportation may
make the portion of this last determination relating to parity
on the basis that any foreign flag cruise from the United
States competes with any American flag cruise from the United
States.
[(b) Every application for an operating-differential subsidy
under the provisions of this title shall be accompanied by
statements disclosing the names of all person having any
pecuniary interest, direct or indirect, in such application, or
in the ownership or use of the vessel or vessels, routes, or
lines covered thereby, and the nature and extent of any such
interest, together with such financial and other statements as
may be required by the Secretary of Transportation. All such
statements shall be under oath or affirmation and in such form
as the Secretary of Transportation shall prescribe. Any person
who, in an application for financial aid under this title or in
any statement required to be filed therewith, willfully makes
any untrue statement of a material fact, shall be guilty of a
misdemeanor.
[Sec. 602. Except with respect to cruises authorized under
section 613 of this title, no contract for an operating-
differential subsidy shall be made by the Secretary of
Transportation for the operation of a vessel or vessels to meet
foreign competition, except direct foreign-flag competition,
until and unless the Secretary of Transportation, after a full
and complete investigation and hearing, shall determine that an
operating-differential subsidy is necessary to meet competition
of foreign-flag ships.
[Sec. 603. (a) If the Secretary of Transportation approves
the application, he may enter into a contract with the
applicant for the payment of an operating-differential subsidy
determined in accordance with the provisions of subsection (b)
of this section, for the operation of such vessel or vessels in
an essential service and in cruises authorized under section
613 of this title for a period not exceeding twenty years, and
subject to such reasonable terms and conditions, consistent
with this Act, as the Secretary of Transportation shall require
to effectuate the purposes and policy of this Act, including a
performance bond with approved sureties, if such bond is
required by the Secretary of Transportation.
[(b) Such contract shall provide, except as the parties
should agree upon a lesser amount, that the amount of the
operating-differential subsidy for the operation of vessels in
an essential service shall equal the excess of the subsidizable
wage costs of the United States officers and crews, the fair
and reasonable cost of insurance, subsistence of officers and
crews on passenger vessels, as defined in section 613 of this
Act, maintenance, and repairs not compensated by insurance
incurred in the operation under United States registry of the
vessel or vessels covered by the contract, over the estimated
fair and reasonable cost of the same items of expense (after
deducting therefrom any estimated increase in such items
necessitated by features incorporated pursuant to the
provisions of section 501(b)) if such vessel or vessels were
operated under the registry of a foreign country whose vessels
are substantial competitors of the vessel or vessels covered by
the contract: Provided, however, That the Secretary of
Transportation may, with respect to any vessel in an essential
bulk cargo carrying service as described in section 211(b),
pay, in lieu of the operating-differential subsidy provided by
this subsection (b), such sums as he shall determine to be
necessary to make the cost of operating such vessel competitive
with the cost of operating similar vessels under the registry
of a foreign country. For any period during which a vessel
cruises as authorized by section 613 of this Act, operating-
differential subsidy shall be computed as though the vessel
were operating on the essential service to which the vessel is
assigned: Provided, however, That if the cruise vessel calls at
a port or ports outside of its assigned service, but which is
served with passenger vessels (as defined in section 613 of
this Act) by another subsidized operator at an operating-
differential subsidy rate for wages lower than the cruise
vessel has on its assigned essential service, the operating-
differential subsidy rates for each of the subsidizable items
for each day (a fraction of a day to count as a day) that the
vessel stops at such port shall be at the respective rates
applicable to the subsidized operator regularly serving the
area.
[(c)(1) When used in this section--
[(A) The term ``collective bargaining costs'' means the
annual cost, calculated on the basis of the per diem rate of
expense as of any date, of all items of expense required of the
applicant through collective bargaining or other agreement,
covering the employment of United States officers and crew of a
vessel, including payments required by law to assure old-age
pensions, unemployment benefits, or similar benefits and taxes
or other governmental assessments on crew payrolls, but
excluding subsistence of officers and crews on vessels other
than passenger vessels as defined in section 613 of this Act
and costs relating to:
[(i) the officers or members of the crew that the
Secretary of Transportation has found, prior to the
award of a contract for the construction or
reconstruction of a vessel, to be unnecessary for the
efficient and economical operation of such vessel:
Provided, That the Secretary of Transportation shall
afford representatives of the collective-bargaining
unit or units responsible for the manning of the vessel
an opportunity to comment on such finding prior to the
effective date of such finding: And provided further,
That in determining whether officers or members of the
crew are necessary for the efficient and economical
operation of such vessel, the Secretary of
Transportation shall give due consideration to, but
shall not be bound by, wage and manning scales and
working conditions required by a bona fide collective-
bargaining agreement, or
[(ii) those officers or members of the crew that the
Secretary of Transportation has found, prior to ninety
days following the date of enactment of this
subsection, to be unnecessary for the efficient and
economical operation of the vessel.
[(B) The term ``base period costs'' means for the base period
beginning July 1, 1970, and ending June 30, 1971, the
collective-bargaining costs as of January 1, 1971, less all
other items of cost that have been disallowed by the Secretary
of Transportation prior to ninety days following the date of
enactment of this subsection, and not already excluded from
collective-bargaining costs under subparagraph (A)(i) or
(A)(ii) of this subsection. In any subsequent base period the
term ``base period costs'' means the average of the
subsidizable wage cost of the United States officers and crews
for the preceding annual period ending June 30 (calculated
without regard to the limitation of the last sentence of
paragraph (D) of this subdivision but increased or decreased by
the increase or decrease in the index described in subdivision
(3) of this subsection from January 1 of such annual period to
January 1 of the base period), and the collective-bargaining
costs as of January 1 of the base period: Provided, That in no
event shall the base period cost be such that the difference
between the base period cost and the collective-bargaining
costs as of January 1 of any base period subsequent to the
first base period exceeds five-fourths of 1 per centum of the
collective-bargaining costs as of such January 1 multiplied by
the number of years that have elapsed since the most recent
base period.
[(C) The term ``base period'' means any annual period
beginning July 1, and ending June 30 with respect to which a
base period cost is established.
[(D) The term ``subsidizable wage costs of United States
officers and crews'' in any period other than a base period
means the most recent base period costs increased or decreased
by the increase or decrease from January 1 of such base period
to January 1 of such period in the index described in
subdivision (3) hereof, and with respect to a base period means
the base period cost. The subsidizable wage costs of United
States officers and crews in any period other than a base
period shall not be less than 90 per centum of the collective-
bargaining costs as of January 1 of such period nor greater
than 110 per centum of such collective-bargaining costs.
[(2) The Secretary of Transportation shall determine the
collective-bargaining costs on ships in subsidized operation as
of January 1, 1971, and as of each January 1 thereafter, and
shall as of intervals of not less than two years nor more than
four years, establish a new base period cost, except that the
Secretary shall not establish a new base period unless he
announces his intention to do so prior to the December 31 that
would be included in the new base period.
[(3) The Bureau of Labor Statistics shall compile the index
referred to in subdivision (1). Such index shall consist of the
average annual change in wages and benefits placed into effect
for employees covered by collective-bargaining agreements with
equal weight to be given to changes affecting employees in the
transportation industry (excluding the offshore maritime
industry) and to changes affecting employees in private
nonagricultural industries other than transportation. Such
index shall be based on the materials regularly used by the
Bureau of Labor Statistics in compiling its regularly published
statistical series on wage and benefit changes arrived at
through collective bargaining. Such materials shall remain
confidential and not be subject to disclosure.
[(d) Each foreign wage cost computation shall be made after
an opportunity is given to the contractor to submit in writing
and in timely fashion all relevant data within his possession.
In making the computation, the Secretary shall consider all
relevant matter so presented and all foreign wage cost data
collected at his request or on his behalf. Such foreign cost
data shall be made available to an interested contractor,
unless the Secretary shall find that disclosure of the data
will prevent him from obtaining such data in the future. In
determining foreign manning for purposes of this section, the
foreign manning determined for any ship type with respect to
any base period shall not be redetermined until the beginning
of a new base period.
[(e) The wage subsidy shall be payable monthly for the
voyages completed during the month, upon the contractor's
certification that the subsidized vessels were in authorized
service during the month. The Secretary of Transportation shall
prescribe procedures for the calculation and payment of subsidy
on items of expense which are included in ``collective-
bargaining costs'' but are not included in the daily rate
because they are unpredictably timed.
[(f) Ninety percent of the amount of the insurance and
maintenance and repair and subsistence of officers an crews
subsidy shall be payable monthly for the voyages completed
during the month on the basis of the subsidy estimated to have
accrued with respect to such voyages. Any such payment shall be
made only after there has been furnished to the Secretary of
Transportation such security as he deems to be reasonable and
necessary to assure refund of any overpayment. The contractor
and the Secretary of Transportation shall audit the voyage
accounts as soon as practicable after such payments. The
remaining 10 percent of such subsidy shall be payable after
such audit.
[Sec. 604. If in the case of any particular foreign-trade
route the Secretary of Transportation shall find after
consultation with the Secretary of State, that the subsidy
provided for in this title is in any respect inadequate to
offset the effect of governmental aid paid to foreign
competitors, he may grant such additional subsidy as he
determines to be necessary for that purpose.
[Sec. 605. (a) No operating-differential subsidy shall be
paid for the operation of any vessel on a voyage on which it
engages in coastwise or intercoastal trade: Provided, however,
That such subsidy may be paid on a round-the-world voyage or a
round voyage from the west coast of the United States to a
European port or ports or a round voyage from the Atlantic
coast to the Orient which includes intercoastal ports of the
United States or a voyage in foreign trade on which the vessel
may stop at the State of Hawaii, or an island possession or
island territory of the United States, and if the subsidized
vessel earns any gross revenue on the carriage of mail,
passengers, or cargo by reason of such coastal or intercoastal
trade the subsidy payments for the entire voyage shall be
reduced by an amount which bears the same ratio to the subsidy
otherwise payable as such gross revenue bears to the gross
revenue derived from the entire voyage. No vessel operating on
the inland waterways of the United States shall be considered
for the purposes of this Act to be operating in foreign trade.
[(b) No operating-differential subsidy shall be paid for the
operation of a vessel after the calendar year the vessel
becomes 25 years of age, unless the Secretary of Transportation
has determined, before the date of enactment of the Maritime
Security Act of 1996, that it is in the public interest to
grant such financial aid for the operation of such vessel.
[(c) No contract shall be made under this title with respect
to a vessel to be operated in an essential service served by
citizens of the United States which would be in addition to the
existing service, or services, unless the Secretary of
Transportation shall determine after proper hearing of all
parties that the service already provided by vessels of United
States registry is inadequate, and that in the accomplishment
of the purposes and policy of this Act additional vessels
should be operated thereon; and no contract shall be made with
respect to a vessel operated or to be operated in an essential
service served by two or more citizens of the United States
with vessels of United States registry, if the Secretary of
Transportation shall determine the effect of such a contract
would be to give undue advantage or be unduly prejudicial, as
between citizens of the United States, in the operation of
vessels on such essential service, unless following public
hearing, due notice of which shall be given to each operator
serving such essential service, the Secretary of Transportation
shall find that it is necessary to enter into such contract in
order to provide adequate service by vessels of United States
registry. The Secretary of Transportation, in determining for
the purposes of this section whether services are competitive,
shall take into consideration the type, size, and speed of the
vessels employed, whether passenger or cargo, or combination
passenger and cargo, vessels, the ports or ranges between which
they run, the character of cargo carried, and such other facts
as he may deem proper.
[Sec. 606. Every contract for an operating-differential
subsidy under this title shall provide (1) that the amount of
the future payments to the contractor shall be subject to
review and readjustment from time to time, but not more
frequently than once a year, at the instance of the Secretary
of Transportation or of the contractor. If any such
readjustment cannot be reached by mutual agreement, the
Secretary of Transportation, on his own motion or on the
application of the contractor, shall, after a proper hearing,
determine the facts and make such readjustment in the amount of
such future payments as he may determine to be fair and
reasonable and in the public interest. The testimony in every
such proceeding shall be reduced to writing and filed in the
office of the Secretary of Transportation. His decision shall
be based upon and governed by the changes which may have
occurred since the date of the said contract, with respect to
the items theretofore considered and on which such contract was
based, and other conditions affecting shipping, and shall be
promulgated in a formal order, which shall be accompanied by a
report in writing in which the Secretary of Transportation
shall state his findings of fact; (2) that the compensation to
be paid under it shall be reduced, under such terms and in such
amounts as the Secretary of Transportation shall determine, for
any periods in which the vessel or vessels are laid up; (3)
that if the Secretary of Transportation shall determine that a
change in an essential service, which is receiving an
operating-differential subsidy under this title, is necessary
in the accomplishment of the purposes of this Act, he may make
such change upon such readjustment of payments to the
contractor as shall be arrived at by the method prescribed in
clause (1) of these conditions; (4) that if at any time the
contractor receiving an operating-differential subsidy claims
that he cannot maintain and operate his vessels in such an
essential service, with a reasonable profit upon his
investment, and applies to the Secretary of Transportation for
a modification or rescission of his contract to maintain such
essential service, and the Secretary of Transportation
determines that such claim is proved, the Secretary of
Transportation shall modify or rescind such contract and permit
the contractor to withdraw such vessels from such essential
service, upon a date fixed by the Secretary of Transportation,
and upon the date of such withdrawal the further payment of the
operating-differential subsidy shall cease and the contractor
be discharged from any further obligation under such contract;
(5) that the contractor shall conduct his operations with
respect to essential services, and any services authorized
under section 613 of this title, covered by his contract in an
economical and efficient manner; and (6) that whenever
practicable, an operator who receives subsidy with respect to
subsistence of officers and crews shall use as such subsistence
items only articles, materials, and supplies of the growth,
production, and manufacture of the United States, as defined in
section 505 herein, except when it is necessary to purchase
supplies outside the United States to enable such vessel to
continue and complete her voyage, and an operator who receives
subsidy with respect to repairs shall perform such repairs
within any of the United States or the Commonwealth of Puerto
Rico, except in an emergency.
[Sec. 608. No contract executed under this title or any
interest therein shall be sold, assigned, or transferred,
either directly or indirectly, or through any reorganization,
merger, or consolidation, nor shall any agreement or
arrangement be made by the holder whereby the maintenance,
management, or operation of the service, route, line, vessel,
or vessels is to be performed by any other person, without the
written consent of the Secretary of Transportation. If he
consents to such agreement or arrangement, the agreement or
arrangement shall make provision whereby the person undertaking
such maintenance, management, or operation agrees to be bound
by all of the provisions of the contract and of this Act
applicable thereto, and the rules and regulations prescribed
pursuant to this Act. If the holder of any such contract shall
voluntarily sell such contract or any interest therein, or make
such assignment, transfer, agreement, or arrangement whereby
the maintenance, management, or operation of the service,
route, line, vessel, or vessels is to be performed by any other
person, without the consent of the Secretary of Transportation,
or if the operation of the service, route, line, or vessel,
shall pass out of the direct control of the holder of such
contract by reason of any voluntary or involuntary receivership
or bankruptcy proceedings, the Secretary of Transportation
shall have the right to modify or rescind such contract,
without further liability thereon by the United States, and is
hereby vested with exclusive jurisdiction to determine the
purposes for which any payments made by him under such contract
shall be expended.
[Sec. 609. The Secretary of Transportation shall withhold the
payment of operating-differential subsidy while any contractor
therefor is in default in any payments due on account of
construction-loan, ship-sales mortgage notes, or any other
obligation due the United States, and shall apply the amount so
withheld to the satisfaction of such debt.
[Sec. 610. An operating-differential subsidy shall not be
paid under authority of this title on account of the operation
of any vessel which does not meet the following requirements:
(1) The vessel shall be of steel or other acceptable metal,
shall be propelled by steam or motor, shall be as nearly
fireproof as practicable, shall be built in a domestic yard or
shall have been documented under the laws of the United States
not later than February 1, 1928, or actually ordered and under
construction for the account of citizens of the United States
prior to such date, and shall be documented under the laws of
the United States, during the entire life of the subsidy
contract; and (2) if the vessel shall be constructed after the
passage of this Act it shall be either a vessel constructed
according to plans and specifications approved by the Secretary
of Transportation and the Secretary of the Navy, with
particular reference to economical conversion into an auxiliary
naval vessel, or a vessel approved by the Secretary of
Transportation and the Navy Department as otherwise useful to
the United States in time of national emergency.
[Sec. 611. (a) The contractor, upon compliance with the
provisions of this section, may transfer to foreign registry
the vessels covered by any operating-differential subsidy
contract held by him, in the event that the United States
defaults upon such contract or cancels it without just cause.
Any contractor desiring to transfer any such vessel to foreign
registry upon such default or cancellation shall file an
application in writing with the Secretary of Transportation
setting forth its contention with respect to the lack of just
cause or lawful grounds for such default or cancellation. The
Secretary of Transportation shall afford the contractor an
opportunity for a hearing within twenty days after such
contractor files written application therefor, and after the
testimony, if any, in such hearing has been reduced to writing
and filed with the Secretary of Transportation, he shall,
within a reasonable time, grant or deny the application by
order.
[(b) If any such application is denied, the contractor may
obtain a review of the order of denial in the United States
Court of Appeals for the District of Columbia, by filing in
such court, within twenty days after the entry of such order, a
written petition praying that the order of the Secretary of
Transportation be set aside. A copy of such petition shall be
forthwith transmitted by the clerk of the court to the
Secretary of Transportation or any officer designated by him
for that purpose, and thereupon the Secretary of Transportation
shall file in the court, the record upon which the order
complained of was entered as provided in section 2112 of title
28, United States Code. Upon the filing of such petition such
court shall have exclusive jurisdiction to determine whether
such cancellation or default was without just cause, and to
affirm or set aside such order. The judgment and decree of the
court affirming or setting aside any such order of the
Secretary of Transportation shall be final.
[(c) No transfer of vessels to foreign registry under this
section shall become effective until any indebtedness to the
Government or to any citizen of the United States, secured by
such vessels, has been paid or discharged, and until after the
expiration of ninety days from the date of final determination
of the application or the appeal, if any. Within such ninety-
day period the Secretary of Transportation may (1) with the
consent of the contractor purchase the vessels at cost to the
contractor plus cost of capital improvements thereon, less 4
per centum annual depreciation upon such vessel, and the actual
depreciated costs of capital improvements thereon, or (2)
reinstate the contract and adjust or settle the default found
by the Secretary of Transportation or the court to exist.
[Sec. 613. (a) In this section, ``passenger vessel'' means a
vessel which (1) is of not less than ten thousand gross tons,
and (2) has accommodations for not less than one hundred
passengers.
[(b) If the Secretary of Transportation finds that the
operation of any passenger vessel with respect to which a
contract for the payment of an operating-differential subsidy
has been entered into under section 603 of this title effective
before January 2, 1960, is not required for all of each year,
in order to furnish adequate service on the service, route, or
line covered by such contract, he may amend such contract to
agree to pay an operating differential subsidy for operation of
the vessel (1) on such service, route, or line for some part or
no part of each year, and (2) on cruises for all or part of
each year if such specific cruise is approved by the Secretary
of Transportation under subsection (e) of this section:
Provided, however, That no such vessel may cruise for more than
seven months of each year to ports which are regularly served
by another United States-flag passenger vessel pursuant to an
operating-differential subsidy contract.
[(c) The Secretary of Transportation may authorize passenger
vessels under operating-differential subsidy contracts to
provide domestic service between specified ports while the
vessels are on voyages in an essential service in the foreign
commerce of the United States without reduction of operating-
differential subsidy and the partial payback of construction-
differential subsidy for operating in the domestic trades, if
he finds that such domestic service will not result in a
substantial deviation from the service, route, or line for
which operating-differential subsidy is paid and will not
adversely affect service on such service, route, or line.
[(d) When a vessel is being operated on cruises or has been
authorized under this section to provide domestic passenger
services while on voyages in an essential service in foreign
commerce of the United States--
[(1) except as provided in subdivision (4) of this
subsection, it shall carry no mail unless required by
law, or cargo except passengers' luggage, except
between those ports between which it may carry mail and
cargo on its regular service assigned by contract;
[(2) it may not carry one-way passengers between
those ports served by another United States carrier on
its regular service assigned by contract, without the
consent of such carrier, except between those ports
between which it may carry one-way passengers on its
own regular service assigned by contract;
[(3) it shall stop at other domestic ports only for
the same time and the same purpose as is permitted with
respect to a foreign-flag vessel which is carrying
passengers who embarked at a domestic port, except that
a cruise may end at a different port or coast from that
where it began and may embark or disembark passengers
at other domestic ports, either when not involving
transportation in the domestic offshore trade in
competition with a United States-flag passenger vessel
offering berth service therein, or, if involving such
transportation, with the consent of such carrier:
Provided, however, That nothing herein shall be
construed to repeal or modify section 805(a) of this
Act.
[(4) Any other provisions of the Merchant Marine Act,
1936, or of the Shipping Act, 1916, to the contrary
notwithstanding, with the approval of the Secretary of
Transportation, it may carry cargo and mail between
ports to the extent such carriage is not in direct
competition with a carrier offering United States-flag
berth service between those ports, or, if such carriage
is in direct competition with one or more carriers
offering United States flag berth service between such
ports, with the consent of the next scheduled United
States-flag carrier, which consent shall not be
unreasonably withheld in the judgment of the Maritime
Administrator.
Section 605(c) of this Act shall not apply to cruises
authorized under this section. Notwithstanding the applicable
provisions of section 605(a) and section 506 of this Act
requiring the reduction of operating differential subsidy and
the partial payback of construction differential subsidy for
operating in the domestic trades, such reduction of operating
subsidy and partial payback of construction subsidy under
sections 605(a) and 506, respectively, shall not apply to
cruises or domestic services authorized under this section.
[(e) Upon the application of any operator for approval of a
specific cruise, the Secretary of Transportation, after notice
to all other American flag operators who may be affected and
after affording all such operators an opportunity to submit
written data, views or arguments, with or without opportunity
to present the same orally in any manner, and after
consideration of all relevant matter presented, shall approve
the proposed cruise, if he determines that the proposed cruise
will not substantially adversely affect an existing operator's
service performed with passenger vessels of United States
registry. Such approval shall not be given more than two years
in advance of the beginning of the cruise.
[Sec. 614. (a) Any operator receiving operating differential
subsidy funds may elect, for all or a portion of its ships, to
suspend its operating differential subsidy contract with all
attendant statutory and contractual restrictions, except as to
those pertaining to the domestic intercoastal or coastwise
service, including any agreement providing for the replacement
of vessels, if--
[(1) the vessel is less than ten years of age;
[(2) the suspension period is not less than twelve
months;
[(3) the operator's financial condition is maintained
at a level acceptable to the Secretary of Commerce; and
[(4) the owner agrees to pay to the Secretary, upon
such terms and conditions as he may prescribe, an
amount which bears the same proportion to the
construction differential subsidy paid by the Secretary
as the portion of the suspension period during which
the vessel is operated in any preference trade from
which a subsidized vessel would otherwise be excluded
by law or contract bears to the entire economic life of
the vessel.
[(b) Any operator making an election under this section is
entitled to full reinstatement of the suspended contract on
request. The Secretary of Commerce may prescribe rules and
regulations consistent with the purpose of this section.
[Sec. 615. (a) The Secretary of Commerce may, until September
30, 1983, authorize an operator receiving or applying for
operating differential subsidy under this title to construct,
reconstruct, or acquire its vessels of over five thousand
deadweight tons in a foreign shipyard if the Secretary finds
and certifies in writing that such operator's application for
construction differential subsidy cannot be approved due to the
unavailability of funds in the construction differential
subsidy account. Vessels constructed, reconstructed, or
modified pursuant to this section shall be deemed to have been
United States built for the purposes of this title, section
901(b) of this Act, and section 5(7) of the Port and Tanker
Safety Act of 1978 (46 U.S.C. 391(a)(7)): Provided, That the
provisions of section 607 of this Act shall not apply to
vessels constructed, reconstructed, modified, or acquired
pursuant to this section.
[(b) The provisions of this section shall be effective for
fiscal year 1983 only if the President in his annual budget
message for that year requests at least $100,000,000 in
construction differential subsidy or proposes an alternate
program that would create equivalent merchant shipbuilding
activity in privately owned United States shipyards and the
Secretary reports to Congress on the effect such action will
have on the shipyard mobilization base at least thirty days
prior to making the certification referred to in subsection
(a).
[Sec. 616. (a) After the date of enactment of the Maritime
Security Act of 1996, the Secretary of Transportation shall not
enter into any new contract for operating-differential subsidy
under this subtitle.
[(b) Notwithstanding any other provision of this Act, any
operating-differential subsidy contract in effect under this
title on the day before the date of enactment of the Maritime
Security Act of 1996 shall continue in effect and terminate as
set forth in the contract, unless voluntarily terminated at an
earlier date by the parties (other than the United States
Government) to the contract.
[(c) The essential service requirements of section 601(a) and
603(b), and the provisions of sections 605(c) and 809(a), shall
not apply to the operating-differential subsidy program under
this subtitle effective upon the earlier of--
[(1) the date that a payment is made, under the
Maritime Security Program established by subtitle B to
a contractor under that subtitle who is not party to an
operating-differential subsidy contract under this
subtitle, with the Secretary to cause notice of the
date of such payment to be published in the Federal
Register as soon as possible; or
[(2) with respect to a particular contractor under
the operating-differential subsidy program, the date
that contractor enters into a contract with the
Secretary under the Maritime Security Program
established by subtitle B.
[(d)(1) Notwithstanding any other provision of law, a vessel
may be transferred and registered under an effective United
States-controlled foreign flag if--
[(A) the operator of the vessel receives an
operating-differential subsidy pursuant to a contract
under this subtitle which is in force on October 1,
1994, and the Secretary approves the replacement of
such vessel with a comparable vessel, or
[(B) the vessel is covered by an operating agreement
under subtitle B, and the Secretary approves the
replacement of such vessel with a comparable vessel for
inclusion in the Maritime Security Fleet established
under subtitle B.
[(2) Any such vessel may be requisitioned by the Secretary of
Transportation pursuant to section 902.]
* * * * * * *
TITLE VIII--CONTRACT PROVISIONS
[Sec. 801. Every contract executed by the Secretary of
Transportation under the provision of title VI or VII of this
Act shall contain provisions requiring (1) that the contractor
and every affiliate, domestic agent, subsidiary, or holding
company connected with, or directly or indirectly controlling
or controlled by, the contractor, to keep its books, records,
and accounts, relating to the maintenance, operation, and
servicing of the vessels, services, routes, and lines covered
by the contract, in such form and under such regulations as may
be prescribed by the Secretary of Transportation: Provided,
That the provisions of this paragraph shall not require the
duplication of books, records, and accounts required to be kept
in some other form by the Interstate Commerce Commission; (2)
that the contractor and every affiliate, domestic agent,
subsidiary, or holding company connected with, or directly or
indirectly controlling or controlled by the contractor, to
file, upon notice from the Secretary of Transportation, balance
sheets, profit and loss statements, and such other statements
of financial operations, special report, memoranda of any facts
and transactions, which in the opinion of the Secretary of
Transportation affect the financial results in, the performance
of, or transactions or operations under, such contract; (3)
that the Secretary of Transportation shall be authorized to
examine and audit the books, records, and accounts of all
persons referred to in this section whenever he may deem it
necessary or desirable; and (4) that upon the willful failure
or refusal of any person described in this section to comply
with the contract provisions required by this section, the
Secretary of Transportation shall have the right to rescind the
contract, and upon such rescission the United States shall be
relieved of all further liability on such contract.
[Sec. 802. Every contract executed by the Secretary of
Transportation under authority of title V of this Act shall
provide that--
[In the event the United States shall, through purchase or
requisition, acquire ownership of the vessel or vessels on
which a construction-differential subsidy was paid, the owner
shall be paid therefor the value thereof, but in no event shall
such payment exceed the actual depreciated construction cost
thereof (together with the actual depreciated cost of capital
improvements thereon, but excluding the cost of national-
defense features) less the depreciated amount of construction-
differential subsidy theretofore paid incident to the
construction or reconditioning of such vessel or vessels, or
the fair and reasonable scrap value of such vessel as
determined by the Secretary of Transportation, whichever is the
greater. Such determination shall be final. In computing the
depreciated value of such vessel, depreciation shall be
computed on each vessel on the schedule adopted by the Bureau
of Internal Revenue for income-tax purposes.
[The foregoing provision respecting the requisition or the
acquisition of ownership by the United States shall run with
the title to such vessel or vessels and be binding on all
owners thereof.]
* * * * * * *
[Sec. 809. (a) Contracts under this Act shall be entered into
so as to equitably serve, insofar as possible, the foreign-
trade requirements of the Atlantic, Gulf, Great Lakes, and
Pacific ports of the United States. In order to assure
equitable treatment for each range of ports referred to in the
preceding sentence, not less than 10 percent of the funds
appropriated for construction-differential subsidy and
operating-differential subsidy pursuant to this Act or any law
authorizing funds for the purposes of this Act shall be
allocated to each such port range: Provided, however, That such
allocation shall apply to the extent that subsidy contracts are
approved by the Secretary of Transportation. For the purposes
of this section, the Secretary shall establish trade routes,
services, or lines that take into account the seasonal closure
of the Saint Lawrence Seaway and provide for alternate routing
of ships via a different range of ports during that closure so
as to maintain continuity of service on a year-round basis. For
the purposes of section 605(c), such an alternate routing via a
different range of ports shall be deemed to be service from
Great Lakes ports, provided such alternative routing is based
upon receipt or delivery of cargo at Great Lakes-Saint Lawrence
Seaway ports under through intermodal bills of lading. The
Secretary shall include in the annual report pursuant to
section 208 of this Act a detailed report (1) describing the
actions that have been taken pursuant to this Act to assure
insofar as possible that direct and adequate service is
provided by United States-flag commercial vessels to each range
of ports referred to in this section; and (2) including any
recommendations for additional legislation that may be
necessary to achieve the purpose of this section. In awarding
contracts under this Act, preference shall be given to persons
who are citizens of the United States and who have the support,
financial and otherwise, of the domestic communities primarily
interested.]
* * * * * * *
----------
COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2006
* * * * * * *
TITLE IV--MISCELLANEOUS
* * * * * * *
SEC. 421. DISTANT WATER TUNA FLEET.
(a) Manning Requirements.--Notwithstanding section 8103(a) of
title 46, United States Code, United States purse seine fishing
vessels fishing exclusively for highly migratory species in the
treaty area under a fishing license issued pursuant to the 1987
Treaty on Fisheries Between the Governments of Certain Pacific
Islands States and the Government of the United States of
America, or transiting to or from the treaty area exclusively
for such purpose, may engage foreign citizens to meet the
manning requirement (except for the master) until the date of
expiration of this section if, after timely notice of a vacancy
to meet the manning requirement, no United States citizen
personnel are readily available to fill such vacancy.
(b) Licensing Restrictions.--
(1) In general.--Subsection (a) only applies to a
foreign citizen who 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 credential.--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.
(c) Expiration.--This section expires on the date the Treaty
on Fisheries Between the Governments of Certain Pacific 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 2012.
[(d) Reports.--On March 1, 2007, and annually thereafter
until the date of expiration of this section, the Coast Guard
and the National Marine Fisheries Service shall submit a report
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committees on Transportation and
Infrastructure and Resources of the House of Representatives,
providing the following information on the United States purse
seine fleet referred to in subsection (a):
[(1) The number and identity of vessels in the fleet
using foreign citizens to meet manning requirements
pursuant to this section and any marine casualties
involving such vessel.
[(2) The number of vessels in the fishery under
United States flag as of January 1 of the year in which
the report is submitted, the percentage ownership or
control of such vessels by non-United States citizens,
and the nationality of such ownership or control.
[(3) Description of any transfers or sales of United
States flag vessels in the previous calendar year, and
the disposition of such vessel, including whether the
vessel was scrapped or sold, and, if sold, the
nationality of the new owner and location of any
fishery to which the vessel will be transferred.
[(4) Landings of tuna by vessels under flag in the 2
previous calendar years, including an assessment of
landing trends, and a description of landing
percentages and totals--
[(A) delivered to American Samoa and any
other port in a State or territory of the
United States; and
[(B) delivered to ports outside of a State or
territory of the United States, including the
identity of the port.
[(5) An evaluation of capacity and trends in the
purse seine fleet fishing in the area covered by the
South Pacific Regional Fisheries Treaty, and any
transfer of capacity from such fleet or area to other
fisheries, including those governed under the Western
and Central Pacific Fisheries Convention and the Inter-
American Tropical Tuna Convention.]
* * * * * * *
TITLE VI--DELAWARE RIVER PROTECTION AND MISCELLANEOUS OIL PROVISIONS
* * * * * * *
SEC. 603. LIMITS ON LIABILITY.
(a) [omitted--amendatory]
(b) [omitted--amendatory]
(c) Report.--
(1) Initial report.--Not later than 45 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 on liability limits described in
paragraph (2) to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(2) Contents.--The report shall include, at a
minimum, the following:
(A) An analysis of the extent to which oil
discharges from vessels and nonvessel sources
have or are likely to result in removal costs
and damages (as defined in section 1001 of the
Oil Pollution Act of 1990 (33 U.S.C. 2701)) for
which no defense to liability exists under
section 1003 of such Act and that exceed the
liability limits established in section 1004 of
such Act, as amended by this section.
(B) An analysis of the impacts that claims
against the Oil Spill Liability Trust Fund for
amounts exceeding such liability limits will
have on the Fund.
(3) Annual updates.--The Secretary shall provide an
update of the report to the Committees referred to in
paragraph (1) [on an annual basis.] not later than
January 30 of the year following each year in which
occurs an oil discharge from a vessel or nonvessel
source that results or is likely to result in removal
costs and damages (as those terms are defined in
section 1001 of the Oil Pollution Act of 1990 (33
U.S.C. 2701)) that exceed liability limits established
under section 1004 of the Oil Pollution Act of 1990 (33
U.S.C. 2704).
* * * * * * *
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
ADDITIONAL VIEWS
The right for seafarers to seek ``maintenance and cure''
for injuries, illness, and damages while at sea, and U.S.
penalty wage protections that ensure that ship operators do not
unfairly withhold or garnish the wages of seafarers, have been
a part of U.S. maritime law for as long as U.S. ships have
flown the U.S. flag on the high seas.
Congress and American courts have always recognized the
arduous work and occupational perils that seafarers encounter
in their shipboard employment. They have also recognized the
disproportionate bargaining power that shipowners have over
seafarers, and that seafarers are particularly vulnerable to
exploitation and abuse by unscrupulous shipowners. In response
to such threats, and acknowledging the vital contributions that
seafarers have made and continue to make to our economic and
national security, Congress and the Courts have zealously
safeguarded seafarers' rights for over two centuries.
Nevertheless, the Committee has again acted imprudently to
accept an unwarranted en bloc amendment offered on behalf of
the international cruise line industry that would arbitrarily
restrict the scope and applicability of these vital seafarer
protections to non-U.S. seafarers working on cruise ships. The
Committee has acceded to virtually revoke these customary
seafarer protections--doctrine that has been in place since the
12th century under the Laws of Oleron--without having held one
hearing; without having sought one legal opinion; and without
compelling the cruise industry to provide any reputable
information to justify these changes. This absence of
constructive oversight is regrettable.
Regarding the penalty wage, under the Penalty Wage Act of
1790 (subsequently reauthorized and strengthened in 1872, 1898,
and 1915), a two-day penalty for each day a wage is unpaid is
imposed on unscrupulous shipowners who arbitrarily or unfairly
withhold a seafarer's earned wages. The intent is for the
penalty wage to be a strong disincentive and history has shown
that it has been an effective deterrent to seafarer abuse.
It is important to note, however, that the penalty is only
imposed when the failure to pay wages is without sufficient
cause (e.g., the delay in pay was arbitrary, willful, or
unreasonable). Under the Maritime Labour Convention of 2006, an
international accord which is in force for virtually all cruise
vessels calling at U.S. ports, all shipowners are required to
maintain accurate records of seafarers' working hours and must
pay seafarers no less than once a month. As such, if a cruise
vessel owner is complying with the terms and obligations of
this international agreement and paying seafarers fairly and on
time, there is no risk of penalties under the Penalty Wage Act.
A 2013 review conducted by the American Law Division of the
Congressional Research Service found, in fact, that penalty
wage claims are infrequent, if not rare, which affirms the
status quo.
In 2006, in response to class action lawsuits filed against
the cruise lines on behalf of seafarers who had been deprived
of their overtime wages, the cruise line industry asked
Congress to amend the Penalty Wage Act to limit their exposure
to penalty wage claims. Not wishing to deprive individual
seafarers of their right to file a penalty wage claim, former
Chairman of the Committee on Transportation and Infrastructure,
James Oberstar (D-MN), negotiated a compromise that placed a
cap on penalty wage claims awarded under class actions at 10
times the daily rate, but left an individual penalty wage claim
unchanged.
The first provision in the en bloc amendment adopted by the
Committee is simply rewarding the cruise industry for coming
back for a second bite at the apple; this time to extend this
same cap to an individual seafarer's penalty wage claim. That
the Committee has agreed to this proposition absent any
evidence demonstrating that penalty wage claims are an imminent
financial threat to any cruise line, much less the cruise
industry, is unfortunate. Moreover, it is completely contrary
to Congress's long history of steadfast support for the Penalty
Wage Act.
The second part of the en bloc amendment arbitrarily bars
foreign seafarers serving on foreign-flag cruise ships access
to U.S courts thereby denying those seafarers a legal remedy to
enforce a shipowner's obligation to pay ``maintenance and
cure'' claims for damages or expenses related to personal
injury, illness, or even death while serving on a vessel.
As stressed earlier, this provision is completely contrary
to a general maritime law principle that has been around since
at least the 12th century and has remained applicable because
of the international nature of shipping. A seafarer's right to
medical care is one of the oldest and most fundamental
seafarer's rights, is deeply rooted in maritime law, and is an
incident or implied term in every seafarer's service contract.
Paradoxically, the right was created in the shipowner's own
self-interest as an inducement to recruit and retain skilled
and responsible workers to accept employment in an arduous and
perilous profession.
To be effective, U.S. and foreign seafarers must have the
ability to enforce their rights to medical care immediately in
every country their vessels may call. Yet, the amendment
approved by the Committee would enable an unscrupulous cruise
ship operator to avoid his or her obligation to provide medical
care to sick or injured seafarers by leaving them without a
quick or practical way to enforce their rights, particularly in
circumstances where the shipowner does not have any assets in
the country where other remedies may be available for the
seafarer.
If enacted, this provision would erode fundamental
principles of maritime law and also conflict with U.S.
obligations under international law. Shipowners' and U.S.
obligations to provide for sick and injured seafarers are
codified under the Shipowners' Liability (Sick and Injured
Seamen) Convention of 1936. Under Article 9 of the Convention,
the U.S. is obligated to provide for rapid and inexpensive
settlements of disputes concerning shipowners' liability to
provide seafarers' medical care. Moreover, Article 11 obligates
the U.S. to ensure equality of treatment to all seafarers
irrespective of nationality, domicile, or race. It makes
absolutely no sense for the U.S. to become the only country in
the world that does not protect all seafarers from unscrupulous
shipowners.
In closing, the intent of the en bloc amendment is less to
afford protection for cruise ship operators from a purported
financial threat, and more to provide unwarranted legal
immunity under U.S. law to allow cruise ship owners to evade
their international obligations to treat their workers fairly.
The Committee should have better understood these amendments
before approving them. It is now left to the Senate to do its
due diligence.
John Garamendi.
Jerrold Nadler.
[all]
