Coast Guard and Maritime Transportation Act of 2014 - Title I: Authorization - (Sec. 101) Authorizes FY2015-FY2016 appropriations for the Coast Guard for: (1) operation and maintenance; (2) acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft; (3) the Coast Guard Reserve program; (4) environmental compliance and restoration of vessels, aircraft, and facilities; and (5) the Commandant of the Coast Guard for research, development, test, and evaluation of technologies, materials, and human factors relating to search and rescue, aids to navigation, marine safety, marine environmental protection, enforcement of laws and treaties, ice operations, oceanographic research, and defense readiness.
(Sec. 102) Authorizes, for each such fiscal year, an end-of-year strength for active duty personnel of 43,000 and specified average military training student loads.
Title II: Coast Guard - (Sec. 201) Reduces from 7,200 to 6,700 the number of commissioned officers on the active duty promotion list, subject to current exceptions.
(Sec. 202) Sets forth the skills and qualifications necessary for an individual to be assigned as a waterways operations manager or a facility safety and security specialist.
(Sec. 203) Revises authorities under which Coast Guard centers of expertise conduct education, training, and other mission activities. Authorizes such centers to conduct investigations and evaluate intelligence systems and capabilities.
(Sec. 204) Authorizes the Commandant to enter into cooperative agreements with federal, public, and private entities, including academic entities.
(Sec. 205) Permits monies received from the rental or lease of certain Coast Guard property to be deposited in the Coast Guard Housing Fund for the construction and renovation of servicemember housing. (Currently, such monies are deposited in the Treasury.)
(Sec. 206) Prohibits the Secretary of the department in which the Coast Guard is operating (Secretary) from making a determination that a waterway is navigable for purposes of the Coast Guard’s jurisdiction without conducting a rulemaking under appropriate administrative procedures.
(Sec. 207) Modifies the membership and duties of the Board of Visitors to the Coast Guard Academy. Requires the Board to be composed of: (1) the chairmen of specified House and Senate committees, (2) six individuals designated by the President, (3) four Members of the House designated by the Speaker, and (4) three Members of the Senate designated by the Vice President. Directs the Board, after each annual Academy visit, to report to the Secretary and Congress.
(Sec. 208) Repeals a limitation that prohibits the issuance of more than one medal of honor to any one person.
(Sec. 209) Requires the Commandant, at specified intervals through the President’s submittal of a budget for FY2019, and every four years thereafter, to submit to Congress an integrated major acquisition mission need statement that identifies current and projected gaps in Coast Guard capabilities using mission hour targets.
(Sec. 210) Directs the Secretary to submit an authorization request to Congress for each fiscal year.
(Sec. 211) Requires the Commandant to: (1) establish, and update on an ongoing basis, an inventory of real property, including submerged lands, under Coast Guard control; and (2) make divestiture and consolidation recommendations to Congress every five years.
(Sec. 212) Modifies the limitation on the number of days within a specified period that an organized training unit or member of the Coast Guard Ready Reserve may be ordered, without consent, to serve in active duty for an emergency augmentation of regular forces.
(Sec. 213) Extends through September 30, 2017, the Commandant’s acquisition workforce expedited hiring authority under which acquisition positions may be designated as positions for which there is a shortage of candidates or a critical hiring need.
(Sec. 214) Authorizes the Commandant to decommission the icebreaker Polar Sea if the Secretary does not make a determination regarding whether it is cost-effective to reactivate such icebreaker. Requires the Commandant to submit to Congress: (1) a strategy to meet the Coast Guard's Arctic ice operations needs through September 30, 2050; and (2) unless the Secretary determines 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 (currently, a bridging strategy for maintaining operations until at least September 30, 2022, is required only if the Secretary determines that it is not cost-effective to reactivate the Polar Sea).
(Sec. 215) Allows the Secretary, each fiscal year beginning in FY2015, to enter into multiyear contracts for the procurement of Offshore Patrol Cutters and associated equipment.
(Sec. 216) Directs the Secretary to report to Congress with schedules and plans for decommissioning, maintaining or extending, and commissioning specified categories of cutters.
(Sec. 217) Revises, repeals, and consolidates various reporting requirements.
(Sec. 219) Makes inapplicable to Coast Guard flag officers, during any period in which the Coast Guard is not operating as a service in the Navy, an Armed Forces personnel provision that prohibits the Secretary concerned (the Secretary of the military department concerned or the Secretary of Homeland Security [DHS]) from determining, without approval of the Secretary of Defense (DOD), that a flag officer being processed for retirement by reason of age or length of service should, by reason of unfitness to perform duties, be retired because of physical disability, placed on the temporary disability retired list, or separated with severance pay (thus permits the DHS Secretary to make such retirement determinations with respect to Coast Guard flag officers without DOD approval).
(Sec. 220) Authorizes the Secretary to: (1) request and accept through a direct military-to-military transfer such H-60 helicopters as necessary to establish a year-round operational capability in the Coast Guard's ninth district (headquartered in Cleveland, Ohio, and responsible for a region including the Great Lakes); and (2) use appropriations to convert the configuration of such helicopters.
(Sec. 221) Prohibits the Secretary from dismantling or disposing of infrastructure that supported the former LORAN system (long range radio aid to navigation system) until the later of: (1) one year after enactment of this Act; or (2) the date on which the Secretary notifies Congress that such infrastructure is not required to provide a positioning, navigation, and timing system as a redundant capability in the event Global Positioning System signals are disrupted. Provides an exception for activities necessary for the safety of human life.
Permits the Secretary to enter agreements with federal entities and other public and private entities to develop another system to provide such redundant capability, including an enhanced LORAN system.
Title III: Shipping and Navigation - (Sec. 301) Bars specified federal shipping laws related to maritime liability from: (1) establishing maritime liens on state or federal fishing permits, and (2) authorizing civil actions to enforce maritime liens on such permits.
Specifies that a "fishing permit" is governed solely by the state or federal law under which it was issued and shall not be treated as part of a vessel, or as an appurtenance or intangible of a vessel, for any purpose under federal law.
(Sec. 302) Prohibits the Coast Guard from carrying out international ice patrol agreements with other maritime countries unless a specified minimum reimbursement amount is received from such countries for their proportionate share of the expense of maintaining the service. Exempts from such prohibition the use of Coast Guard aircraft to carry out such agreements if the President determines it to be necessary for national security.
(Sec. 303) Repeals a requirement that the Secretary of Commerce promote the development and use of mobile trade fairs to show and sell products of U.S. business and agriculture at foreign ports and commercial centers.
(Sec. 304) Authorizes the Department of Transportation (DOT) to convey U.S. government property administered by the Maritime Administration (MARAD), except real estate or vessels, to nonprofit organizations, states, or political subdivisions (thus allows DOT to donate property for historical purposes).
(Sec. 305) Reauthorizes through FY2016 appropriations to MARAD for small shipyard grant programs.
(Sec. 306) Directs federal agencies that operate vessels to report drug test violations by employment applicants to the Commandant.
(Sec. 307) Prohibits 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, from being brought under U.S. laws if: (1) such seaman was not a permanent resident alien of the United States when the claim arose; (2) the injury, illness, or death arose outside U.S. territorial waters; and (3) the seaman, at the time the claim arose, had a right to seek compensation under the laws of either the nation in which the vessel was registered or in which the seaman maintained citizenship or residency.
(Sec. 308) Applies the existing cap of 10 times unpaid wages as the maximum penalty payable to each seaman claiming delayed payment of wages on certain foreign, intercoastal, and coastwise passenger vessels. (Current law applies the cap to all claims in a class action suit by seamen.)
(Sec. 309) Permits merchant mariner licenses for masters, mates, engineers, pilots, operators, and radio officers to be issued to applicants with at least three months of qualifying service on vessels of the uniformed services of appropriate tonnage or horsepower within the preceding seven-year period. Sets forth deadlines for the Coast Guard to provide sea service letters to members or former members. Requires the Secretary to maximize the extent to which armed forces service, training, and qualifications are creditable toward meeting merchant mariner licensing requirements and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW Convention).
(Sec. 310) Amends the Act to Prevent Pollution from Ships to establish an Abandoned Seafarers Fund from which amounts may be appropriated to the Secretary to pay the necessary support of: (1) seafarers who enter, remain, or are paroled into the United States and are involved in an investigation, reporting, documentation, or adjudication of any matter relating to the administration or enforcement of such Act by the Coast Guard; and (2) seafarers who were abandoned in the United States and have not applied for asylum under specified provisions of the Immigration and Nationality Act. Provides for the reimbursement of vessel owners or operators who provide necessary support to seafarers paroled into the United States to facilitate such investigations, reporting, documentation, or adjudications.
Defines “seafarer” as an alien crewman who is employed or engaged in any capacity on board a vessel subject to such Act.
(Sec. 311) Redefines “high-risk waters,” for purposes of determining when owners or operators of U.S. vessels carrying government-impelled cargo are to be reimbursed for the cost of providing armed on-board safety personnel, as waters: (1) so designated by the Commandant in the appropriate maritime security directive, and (2) in which DOT determines an act of piracy is likely to occur based on documented acts of piracy that occurred in such waters during the 12-month period preceding the applicable voyage.
(Sec. 312) Provides for uninspected passenger vessels in the U.S. Virgin Islands that meet certain safety requirements to carry up to 12 passengers. (Currently, vessels under a certain weight may only carry up to 6 passengers.)
(Sec. 313) Sets forth a process for the Secretary to delegate to classification societies the authority to inspect offshore supply vessels.
Requires the Secretary to report to Congress within specified periods regarding: (1) the number of vessels for which such a delegation was made, (2) any savings in personnel and operational costs incurred by the Coast Guard, and (3) any impacts of the delegations on the operational safety of vessels and vessel crews.
(Sec. 314) Directs the Secretary to require a passenger vessel to be equipped with survival craft to ensure that no part of an individual is immersed in water if the vessel: (1) is built or undergoes a major conversion after January 1, 2016, and (2) operates in cold waters. Authorizes the Secretary to: (1) provide a higher safety standard under agency regulations, and (2) allow innovative or novel designs.
Requires the Secretary to submit to Congress a review of: (1) the number of casualties for individuals with disabilities, children, and the elderly as a result of immersion in water over the preceding 30-year period; (2) the risks to such categories of individuals; (3) the effect that carriage of survival craft has on passenger safety, survivability, and costs; (4) the efficacy of alternative safety measures; and (5) the number of small businesses and nonprofit vessel operators that would be affected by requiring the carriage of such survival craft on passenger vessels.
(Sec. 316) Revises the enforcement authority of the DOT Secretary with respect to whether programs administered by federal agencies comply with the requirement that at least a specified percentage of the gross tonnage of certain cargos procured or financed by the U.S. government are transported on privately-owned commercial vessels of the United States.
Directs the DOT Secretary, on an annual basis, to: (1) determine whether agency programs are subject to such requirements; and (2) submit a report to Congress that identifies such programs and actions taken by DOT in response to violations.
(Sec. 317) Amends the Marine Debris Act to permit the National Oceanic and Atmospheric Administration (NOAA), when evaluating grant proposals for marine debris projects, to give preference to proposals that address a severe marine debris event (atypically large amounts of marine debris caused by a tsunamis, floods, landslides, hurricanes, or other natural disasters or sources). Establishes a process for the governor of a state to request that NOAA declare a severe marine debris event in such state or a region including such state.
Authorizes NOAA to provide funds to state, local, or tribal governments impacted by events resulting from the March 2011 earthquake and subsequent tsunami in the Tohoku region of Japan, including marine debris impacts. Permits the use of funds provided by the government of Japan for such purposes.
(Sec. 318) Increases from 50% to 75% the portion of commodities that must be transported on privately-owned commercial vessels of the United States when such cargo is related to the export activities of the Secretary of Agriculture (USDA) or the Commodity Credit Corporation (such cargo includes activities carried out under the Food for Peace Act and the Bill Emerson Humanitarian Trust Act).
(Sec. 319) Directs the Secretary to establish a Merchant Marine Personnel Advisory Committee to: (1) advise the Secretary on personnel matters relating to the U.S. merchant marine, including training, qualifications, certification, documentation, and fitness standards; and (2) comment on personnel regulations proposed by the Coast Guard. Permits the Committee to conduct studies and make its recommendations available to Congress.
Requires the Committee to report to the Commandant regarding: (1) merchant mariner licensing, certification, and documentation programs; and (2) state maritime academy problems with implementation of amendments to the STCW Convention that entered into force on January 1, 2012. Directs the Commandant to forward such report to Congress with recommendations for actions to implement the report's recommendations.
Terminates such Committee on September 30, 2020.
(Sec. 320) Directs the Comptroller General (GAO) to report to Congress regarding the number of jobs (including vessel construction and vessel operating jobs) that would be created in the U.S. maritime industry in each of years 2015-2025 if liquefied natural gas exported from the United States were required to be carried: (1) before December 31, 2018, on vessels documented under the laws of the United States; and (2) after such date, on vessels documented under U.S. laws and constructed in the United States.
Title IV: Federal Maritime Commission - (Sec. 401) Authorizes FY2015-FY2016 appropriations for the Federal Maritime Commission (FMC).
(Sec. 402) Revises terms of office requirements for FMC Commissioners to: (1) limit to one year the period during which a Commissioner whose term has ended may continue to serve until a successor is appointed and qualified; and (2) prohibit an individual from serving more than two terms, subject to an exception for individuals who had been appointed to fill a vacancy for an unexpired term of a predecessor.
Sets forth conflict of interest requirements applicable to FMC Commissioners.
Title V: Commercial Vessel Discharge Reform - Commercial Vessel Discharge Reform Act of 2014 - (Sec. 502) Makes permanent a provision prohibiting the Environmental Protection Agency (EPA), or a state with an approved National Pollutant Discharge Elimination System (NPDES) permit program under the Federal Water Pollution Control Act (commonly known as the Clean Water Act), from requiring an NPDES permit for a covered vessel (a vessel that is less than 79 feet in length or a fishing vessel) for any discharge: (1) of effluent from properly functioning marine engines; (2) of laundry, shower, and galley sink wastes; or (3) that is incidental to the normal operation of a covered vessel. (Currently, such prohibition ends on December 18, 2014.)
Title VI: Miscellaneous - (Sec. 601) Revises licensing restrictions and credential requirements relating to foreign citizens who may be engaged to meet the manning requirement for U.S. purse seine fishing vessels (commonly referred to as the distant water tuna fleet): (1) 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 (2) transiting to or from the treaty area exclusively for such purpose. Modifies safety inspection requirements for such vessels and removes a provision that limits the vessels permitted to engage such foreign citizens to vessels operating in and out of American Samoa or Guam.
(Sec. 602) Deems the vessel assigned U.S. official number 1205366 (rebuilt after a fire) to be a new vessel on the date of delivery after January 1, 2012, from a privately owned U.S. shipyard if no encumbrances are on record with the Coast Guard at the time of the issuance of the new certificate of documentation.
(Sec. 603) Authorizes the Commandant to lease submerged lands and tidelands under the control of the Coast Guard for periods longer than five years.
(Sec. 604) Directs DOT to submit to Congress a national maritime strategy that: (1) identifies federal regulations that reduce the competitiveness of U.S. flag vessels in the international trade, (2) identifies the impact of reduced cargo flow due to reductions in the number of Armed Forces members stationed or deployed outside the United States, and (3) includes recommendations to make U.S. flag vessels more competitive in shipping routes and to enhance U.S. shipbuilding capability.
Requires DOT to recommend strategies to increase the use of: (1) U.S. flag vessels to carry imports and exports, (2) third-party inspection and certification authorities, and (3) short sea transportation routes.
(Sec. 605) Directs the Secretary, after enactment of this Act and annually for each of fiscal years FY2016-FY2018, to report to Congress concerning negotiations at the International Maritime Organization regarding the establishment of a draft international code of safety for ships operating in polar waters (commonly referred to as the Polar Code). Requires such report to address the impacts, for coastal communities located in the Arctic, on: (1) the costs of delivering fuel and freight, and (2) maritime transportation safety.
(Sec. 606) Exempts the vessel John Craig (a vessel utilized by the Valley View Ferry on a specified portion of the Kentucky River) from a requirement that passenger vessel operators be licensed by the Coast Guard, provided that Kentucky has implemented a similar licensing requirement.
(Sec. 607) Directs the Commandant to arrange for an assessment by the National Academy of Sciences of authorities concerning vessels and seamen that: (1) have been delegated to the Coast Guard, and (2) impact the ability of vessels documented under the U.S. laws to compete in the carriage of merchandise and passengers in international trade. Requires the Commandant to submit such assessment to Congress.
(Sec. 608) Requires the Commandant to submit to Congress a survey of a specified parcel of real property under the administrative control of the Coast Guard located at the entrance to Gig Harbor, Washington (commonly referred to as the Gig Harbor Sand Spit Area).
(Sec. 609) Reauthorizes through FY2016: (1) the Fishing Safety Training Grant Program, and (2) the Fishing Safety Research Grant Program.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4005 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4005
To authorize appropriations for the Coast Guard for fiscal years 2015
and 2016, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 6, 2014
Mr. Hunter (for himself, Mr. Shuster, and Mr. Rahall) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
_______________________________________________________________________
A BILL
To authorize appropriations for the Coast Guard for fiscal years 2015
and 2016, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Coast Guard and
Maritime Transportation Act of 2014''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--AUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
TITLE II--COAST GUARD
Sec. 201. Commissioned officers.
Sec. 202. Prevention and response workforces.
Sec. 203. Centers of expertise.
Sec. 204. Agreements.
Sec. 205. Coast Guard housing.
Sec. 206. Determinations.
Sec. 207. Annual Board of Visitors.
Sec. 208. Repeal of limitation on medals of honor.
Sec. 209. Mission need statement.
Sec. 210. Transmission of annual Coast Guard authorization request.
Sec. 211. Inventory of real property.
Sec. 212. Active duty for emergency augmentation of regular forces.
Sec. 213. Acquisition workforce expedited hiring authority.
Sec. 214. Icebreakers.
Sec. 215. Multiyear procurement authority for Offshore Patrol Cutters.
Sec. 216. Maintaining Medium Endurance Cutter mission capability.
Sec. 217. Coast Guard administrative savings.
Sec. 218. Technical corrections to title 14.
TITLE III--SHIPPING AND NAVIGATION
Sec. 301. Treatment of fishing permits.
Sec. 302. International ice patrol reform.
Sec. 303. Repeal.
Sec. 304. Donation of historical property.
Sec. 305. Small shipyards.
Sec. 306. Drug testing reporting.
Sec. 307. Recourse for noncitizens.
Sec. 308. Penalty wages.
Sec. 309. Crediting time in the sea services.
Sec. 310. Treatment of abandoned seafarers.
Sec. 311. Clarification of high-risk waters.
Sec. 312. Uninspected passenger vessels in the Virgin Islands.
Sec. 313. Offshore supply vessel third-party inspection.
Sec. 314. Survival craft.
Sec. 315. Technical correction to title 46.
TITLE IV--FEDERAL MARITIME COMMISSION
Sec. 401. Authorization of appropriations.
Sec. 402. Terms of Commissioners.
TITLE V--COMMERCIAL VESSEL DISCHARGE REFORM
Sec. 501. Short title.
Sec. 502. Discharges incidental to the normal operation of certain
vessels.
TITLE VI--MISCELLANEOUS
Sec. 601. Distant water tuna fleet.
Sec. 602. Vessel determination.
Sec. 603. Lease authority.
Sec. 604. National maritime strategy.
Sec. 605. IMO Polar Code negotiations.
Sec. 606. Valley View Ferry.
Sec. 607. Competition by United States flag vessels.
Sec. 608. Survey.
TITLE I--AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for each of fiscal years
2015 and 2016 for necessary expenses of the Coast Guard as follows:
(1) For the operation and maintenance of the Coast Guard--
(A) $6,981,036,000 for fiscal year 2015; and
(B) $6,981,036,000 for fiscal year 2016.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment related
thereto--
(A) $1,546,448,000 for fiscal year 2015; and
(B) $1,546,448,000 for fiscal year 2016;
to remain available until expended.
(3) For the Coast Guard Reserve program, including
personnel and training costs, equipment, and services--
(A) $140,016,000 for fiscal year 2015; and
(B) $140,016,000 for fiscal year 2016.
(4) For environmental compliance and restoration of Coast
Guard vessels, aircraft, and facilities (other than parts and
equipment associated with operation and maintenance)--
(A) $16,701,000 for fiscal year 2015; and
(B) $16,701,000 for fiscal year 2016;
to remain available until expended.
(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--
(A) $19,890,000 for fiscal year 2015; and
(B) $19,890,000 for fiscal year 2016.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
(a) Active Duty Strength.--The Coast Guard is authorized an end-of-
year strength for active duty personnel of 43,000 for each of fiscal
years 2015 and 2016.
(b) Military Training Student Loads.--The Coast Guard is authorized
average military training student loads for each of fiscal years 2015
and 2016 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.
TITLE II--COAST GUARD
SEC. 201. COMMISSIONED OFFICERS.
Section 42(a) of title 14, United States Code, is amended by
striking ``7,200'' and inserting ``6,700''.
SEC. 202. PREVENTION AND RESPONSE WORKFORCES.
Section 57 of title 14, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (2) by striking ``or'' at the end;
(B) in paragraph (3) by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(4) waterways operations manager shall have knowledge,
skill, and practical experience with respect to marine
transportation system management; or
``(5) port and facility safety and security specialist
shall have knowledge, skill, and practical experience with
respect to the safety, security, and environmental protection
responsibilities associated with maritime ports and
facilities.'';
(2) in subsection (c) by striking ``or marine safety
engineer'' and inserting ``marine safety engineer, waterways
operations manager, or port and facility safety and security
specialist''; and
(3) in subsection (f)(2) by striking ``investigator or
marine safety engineer.'' and inserting ``investigator, marine
safety engineer, waterways operations manager, or port and
facility safety and security specialist.''.
SEC. 203. CENTERS OF EXPERTISE.
Section 58(b) of title 14, United States Code, is amended to read
as follows:
``(b) Missions.--Any center established under subsection (a) may--
``(1) promote, facilitate, and conduct--
``(A) education;
``(B) training; and
``(C) activities authorized under section 93(a)(4);
and
``(2) be a repository of information on operations,
practices, and resources related to the mission for which the
center was established.''.
SEC. 204. AGREEMENTS.
(a) In General.--Section 93(a)(4) of title 14, United States Code,
is amended--
(1) by striking ``, investigate'' and inserting ``and
investigate''; and
(2) by striking ``, and cooperate and coordinate such
activities with other Government agencies and with private
agencies''.
(b) Authority.--Chapter 5 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 102. Agreements
``(a) In General.--In carrying out section 93(a)(4), the Commandant
may--
``(1) enter into cooperative agreements, contracts, and
other agreements with Federal entities and other public or
private entities, including academic entities; and
``(2) impose on and collect from an entity subject to an
agreement or contract under paragraph (1) a fee to assist with
expenses incurred in carrying out such section.
``(b) Deposit and Use of Fees.--Fees collected under this section
shall be deposited in the general fund of the Treasury as offsetting
receipts. The fees may be used, to the extent provided in advance in an
appropriation law, only to carry out activities under section
93(a)(4).''.
(c) Clerical Amendment.--The analysis for chapter 5 of title 14,
United States Code, is amended by adding at the end the following:
``102. Agreements.''.
SEC. 205. COAST GUARD HOUSING.
(a) Commandant; General Powers.--Section 93(a)(13) of title 14,
United States Code, is amended by striking ``the Treasury'' and
inserting ``the fund established under section 687''.
(b) Lighthouse Property.--Section 672a(b) of title 14, United
States Code, is amended by striking ``the Treasury'' and inserting
``the fund established under section 687''.
(c) Conforming Amendment.--Section 687(b) of title 14, United
States Code, is amended by adding at the end the following:
``(4) Monies received under section 93(a)(13).
``(5) Amounts received under section 672a(b).''.
SEC. 206. DETERMINATIONS.
(a) In General.--Chapter 5 of title 14, United States Code, as
amended by this Act, is further amended by adding at the end the
following:
``Sec. 103. Determinations
``The Secretary may only make a determination that a waterway, or
any portion thereof, is navigable for purposes of the jurisdiction of
the Coast Guard through a rulemaking that is conducted in a manner
consistent with subchapter II of chapter 5 of title 5.''.
(b) Clerical Amendment.--The analysis for chapter 5 of title 14,
United States Code, as amended by this Act, is further amended by
adding at the end the following:
``103. Determinations.''.
SEC. 207. ANNUAL BOARD OF VISITORS.
Section 194 of title 14, United States Code, is amended to read as
follows:
``Sec. 194. Annual Board of Visitors
``(a) In General.--A Board of Visitors to the Coast Guard Academy
is established to review and make recommendations on the operation of
the Academy.
``(b) Membership.--
``(1) In general.--The membership of the Board shall
consist of the following:
``(A) The chairman of the Committee on Commerce,
Science, and Transportation of the Senate, or the
chairman's designee.
``(B) The chairman of the Committee on
Transportation and Infrastructure of the House of
Representatives, or the chairman's designee.
``(C) 3 Members of the Senate designated by the
Vice President.
``(D) 4 Members of the House of Representatives
designated by the Speaker of the House of
Representatives.
``(E) 6 individuals designated by the President.
``(2) Length of service.--
``(A) Members of congress.--A Member of Congress
designated under subparagraph (C) or (D) of paragraph
(1) as a member of the Board shall be designated as a
member in the First Session of a Congress and serve for
the duration of that Congress.
``(B) Individuals designated by the president.--
Each individual designated by the President under
subparagraph (E) of paragraph (1) shall serve as a
member of the Board for 3 years, except that any such
member whose term of office has expired shall continue
to serve until a successor is appointed.
``(3) Death or resignation of a member.--If a member of the
Board dies or resigns, a successor shall be designated for any
unexpired portion of the term of the member by the official who
designated the member.
``(c) Academy Visits.--
``(1) Annual visit.--The Board shall visit the Academy
annually to review the operation of the Academy.
``(2) Additional visits.--With the approval of the
Secretary, the Board or individual members of the Board may
make other visits to the Academy in connection with the duties
of the Board or to consult with the Superintendent of the
Academy.
``(d) Scope of Review.--The Board shall review, with respect to the
Academy--
``(1) the state of morale and discipline;
``(2) the curriculum;
``(3) instruction;
``(4) physical equipment;
``(5) fiscal affairs; and
``(6) other matters relating to the Academy that the Board
determines appropriate.
``(e) Report.--Not later than 60 days after the date of an annual
visit of the Board under subsection (c)(1), the Board shall submit to
the Secretary, 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 actions of the Board
during such visit and the recommendations of the Board pertaining to
the Academy.
``(f) Advisors.--If approved by the Secretary, the Board may
consult with advisors in carrying out this section.
``(g) Reimbursement.--Each member of the Board and each adviser
consulted by the Board under subsection (f) shall be reimbursed, to the
extent permitted by law, by the Coast Guard for actual expenses
incurred while engaged in duties as a member or adviser.''.
SEC. 208. REPEAL OF LIMITATION ON MEDALS OF HONOR.
Section 494 of title 14, United States Code, is amended by striking
``medal of honor,'' each place that it appears.
SEC. 209. MISSION NEED STATEMENT.
(a) In General.--Section 569 of title 14, United States Code, is
amended to read as follows:
``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).
``(3) Capital investment plan.--The term `capital
investment plan' means the plan required under section
663(a)(1).''.
(b) Clerical Amendment.--The analysis for chapter 15 of title 14,
United States Code, is amended by striking the item relating to section
569 and inserting the following:
``569. Mission need statement.''.
SEC. 210. TRANSMISSION OF ANNUAL COAST GUARD AUTHORIZATION REQUEST.
(a) In General.--Title 14, United States Code, as amended by this
Act, is further amended by inserting after section 662 the following:
``Sec. 662a. 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;
``(2) recommends authorizations of appropriations for that
fiscal year, including with respect to matters described in
section 662; and
``(3) addresses any other matter that the Secretary
determines is appropriate for inclusion in a Coast Guard
authorization bill.''.
(b) Clerical Amendment.--The analysis for chapter 17 of title 14,
United States Code, is amended by inserting after the item relating to
section 662 the following:
``662a. Transmission of annual Coast Guard authorization request.''.
SEC. 211. INVENTORY OF REAL PROPERTY.
(a) In General.--Chapter 17 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 679. Inventory of real property
``(a) In General.--Not later than September 30, 2014, the
Commandant shall establish an inventory of all real property, including
submerged lands, under the control of the Coast Guard, which shall
include--
``(1) the size, the location, and any other appropriate
description of each unit of such property;
``(2) an assessment of the physical condition of each unit
of such property, excluding lands;
``(3) an estimate of the fair market value of each unit of
such property;
``(4) a determination of whether each unit of such property
should be--
``(A) retained to fulfill a current or projected
Coast Guard mission requirement; or
``(B) subject to divestiture; and
``(5) other information the Commandant considers
appropriate.
``(b) Inventory Maintenance.--The Commandant shall--
``(1) maintain the inventory required under subsection (a)
on an ongoing basis; and
``(2) update information on each unit of real property
included in such inventory not later than 30 days after any
change relating to such property.
``(c) Recommendations to Congress.--Not later than March 30, 2015,
and every 5 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 report that includes--
``(1) a list of all real property under the control of the
Coast Guard and the location of such property by property type;
``(2) recommendations for divestiture with respect to any
units of such property, including an estimate of--
``(A) the fair market value of any property
recommended for divestiture; and
``(B) the costs or savings associated with
divestiture; and
``(3) recommendations for consolidating any units of such
property, including--
``(A) an estimate of the costs or savings
associated with each recommended consolidation; and
``(B) a discussion of the impact that such
consolidation would have on Coast Guard mission
effectiveness.''.
(b) Clerical Amendment.--The analysis for chapter 17 of title 14,
United States Code, as amended by this Act, is further amended by
adding at the end the following:
``679. Inventory of real property.''.
SEC. 212. ACTIVE DUTY FOR EMERGENCY AUGMENTATION OF REGULAR FORCES.
Section 712(a) of title 14, United States Code, is amended by
striking ``not more than 60 days in any 4-month period and''.
SEC. 213. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.
Section 404(b) of the Coast Guard Authorization Act of 2010 (Public
Law 111-281; 124 Stat. 2951) is amended by striking ``2015'' and
inserting ``2017''.
SEC. 214. ICEBREAKERS.
(a) Coast Guard Polar Icebreakers.--Section 222 of the Coast Guard
and Maritime Transportation Act of 2012 (Public Law 112-213; 126 Stat.
1560) is amended--
(1) in subsection (d)(2)--
(A) in the paragraph heading by striking ``;
bridging strategy''; and
(B) by striking ``Commandant of the Coast Guard''
and all that follows through the period at the end and
inserting ``Commandant of the Coast Guard may
decommission the Polar Sea.'';
(2) by adding at the end of subsection (d) the following:
``(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 enactment of
this paragraph, and take actions in accordance with
this subsection as though such determination was made
in the analysis previously submitted.'';
(3) by redesignating subsections (e), (f), and (g) as
subsections (f), (g), and (h), respectively; and
(4) by inserting after subsection (d) the following:
``(e) Strategies.--
``(1) In general.--Not later than 180 days after the date
on which the analysis 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) a strategy to meet the Coast Guard's Arctic
ice operations needs through September 30, 2050; and
``(B) 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.
``(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.''.
(b) Limitation.--
(1) In general.--During fiscal years 2015 through 2024, the
Secretary of the department in which the Coast Guard is
operating may not expend amounts appropriated to the Coast
Guard for design, long-lead-time materials, production, and
post-delivery activities related to a Polar-Class Icebreaker if
such amounts would be expended on a capability of the
Icebreaker that is based on an operational requirement of
another Federal department or agency.
(2) Other amounts.--Amounts made available to the Secretary
under an agreement with another Federal department or agency
and expended on a capability of a Polar-Class Icebreaker that
is based on an operational requirement of that Federal
department or agency shall not be treated as amounts expended
by the Secretary for purposes of the limitation established
under paragraph (1).
SEC. 215. MULTIYEAR PROCUREMENT AUTHORITY FOR OFFSHORE PATROL CUTTERS.
In fiscal year 2015 and each fiscal year thereafter, the Secretary
of the department in which the Coast Guard is operating may enter into,
in accordance with section 2306b of title 10, United States Code,
multiyear contracts for the procurement of Offshore Patrol Cutters and
associated equipment.
SEC. 216. MAINTAINING MEDIUM ENDURANCE CUTTER MISSION CAPABILITY.
Not later than 30 days after the date of enactment of this Act, 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 that includes--
(1) a schedule and plan for decommissioning, not later than
September 30, 2029, each of the 210-foot, Reliance-Class
Cutters operated by the Coast Guard on the date of enactment of
this Act;
(2) a schedule and plan for enhancing the maintenance or
extending the service life of each of the 270-foot, Famous-
Class Cutters operated by the Coast Guard on the date of
enactment of this Act--
(A) to maintain the capability of the Coast Guard
to carry out sea-going missions with respect to such
Cutters at the level of capability existing on
September 30, 2013; and
(B) for the period beginning on the date of
enactment of this Act and ending on the date on which
the final Offshore Patrol Cutter is scheduled and
planned to be commissioned under paragraph (4);
(3) an identification of the number of Offshore Patrol
Cutters capable of sea state 5 operations that, if 8 National
Security Cutters are commissioned, are necessary to return the
sea state 5 operating capability of the Coast Guard to the
level of capability that existed prior to the decommissioning
of the first High Endurance Cutter in fiscal year 2011;
(4) a schedule and plan for commissioning the number of
Offshore Patrol Cutters identified under paragraph (3); and
(5) a schedule and plan for commissioning, not later than
September 30, 2034, a number of Offshore Patrol Cutters not
capable of sea state 5 operations that is equal to--
(A) 25; less
(B) the number of Offshore Patrol Cutters
identified under paragraph (3).
SEC. 217. COAST GUARD ADMINISTRATIVE SAVINGS.
(a) Elimination of Outdated and Duplicative Reports.--
(1) Marine industry training.--Section 59 of title 14,
United States Code, is amended--
(A) by striking ``(a) In General.--The Commandant''
and inserting ``The Commandant''; and
(B) by striking subsection (b).
(2) Operations and expenditures.--Section 651 of title 14,
United States Code, and the item relating to such section in
the analysis for chapter 17 of such title, are repealed.
(3) Drug interdiction.--Section 103 of the Coast Guard
Authorization Act of 1996 (14 U.S.C. 89 note), and the item
relating to that section in the table of contents in section 2
of that Act, are repealed.
(4) National defense.--Section 426 of the Maritime
Transportation Security Act of 2002 (14 U.S.C. 2 note), and the
item relating to that section in the table of contents in
section 1(b) of that Act, are repealed.
(5) Living marine resources.--Section 4(b) of the Cruise
Vessel Security and Safety Act of 2010 (16 U.S.C. 1828 note) is
amended by adding at the end the following: ``No report shall
be required under this subsection, including that no report
shall be required under section 224 of the Coast Guard and
Maritime Transportation Act of 2004 or section 804 of the Coast
Guard and Maritime Transportation Act of 2006, for fiscal years
beginning after fiscal year 2013.''.
(b) Consolidation and Reform of Reporting Requirements.--
(1) Marine safety.--
(A) In general.--Section 2116(d)(2)(B) of title 46,
United States Code, is amended to read as follows:
``(B) on the program's mission performance in
achieving numerical measurable goals established under
subsection (b), including--
``(i) the number of civilian and military
Coast Guard personnel assigned to marine safety
positions; and
``(ii) an identification of marine safety
positions that are understaffed to meet the
workload required to accomplish each activity
included in the strategy and plans under
subsection (a); and''.
(B) Conforming amendment.--Section 57 of title 14,
United States Code, as amended by this Act, is further
amended--
(i) by striking subsection (e); and
(ii) by redesignating subsections (f), (g),
and (h) as subsections (e), (f), and (g)
respectively.
(2) Minor construction.--Section 656(d)(2) of title 14,
United States Code, is amended to read as follows:
``(2) Report.--Not later than the date on which the
President submits to Congress a budget under section 1105 of
title 31 each year, 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 describing each project
carried out under paragraph (1), in the most recently concluded
fiscal year, for which the amount expended under such paragraph
for such project was more than $1,000,000. If no such project
was carried out during a fiscal year, no report under this
paragraph shall be required with respect to that fiscal
year.''.
(3) Rescue 21.--Section 346 of the Maritime Transportation
Security Act of 2002 (14 U.S.C. 88 note) is amended to read as
follows:
``SEC. 346. MODERNIZATION OF NATIONAL DISTRESS AND RESPONSE SYSTEM.
``(a) Report.--Not later than March 30, 2014, 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 on the implementation of the
Rescue 21 project in Alaska and in Coast Guard sectors Upper
Mississippi River, Lower Mississippi River, and Ohio River Valley.
``(b) Contents.--The report required under subsection (a) shall--
``(1) describe what improvements are being made to the
distress response system in the areas specified in subsection
(a), including information on which areas will receive digital
selective calling and direction finding capability;
``(2) describe the impediments to installing digital
selective calling and direction finding capability in areas
where such technology will not be installed;
``(3) identify locations in the areas specified in
subsection (a) where communication gaps will continue to
present a risk to mariners after completion of the Rescue 21
project;
``(4) include a list of all reported marine accidents,
casualties, and fatalities occurring in the locations
identified under paragraph (3) since 1990; and
``(5) provide an estimate of the costs associated with
installing the technology necessary to close communication gaps
in the locations identified under paragraph (3).''.
SEC. 218. TECHNICAL CORRECTIONS TO TITLE 14.
Title 14, United States Code, as amended by this Act, is further
amended--
(1) in section 93(b)(1) by striking ``Notwithstanding
subsection (a)(14)'' and inserting ``Notwithstanding subsection
(a)(13)'';
(2) in section 197(b) by striking ``of Homeland Security'';
and
(3) in section 573(c)(3)(A) by inserting ``and shall
maintain such cutter in such class'' before the period at the
end.
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 of 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. INTERNATIONAL ICE PATROL REFORM.
(a) In General.--Section 80301 of title 46, United States Code, is
amended by adding at the end the following:
``(c) Payments.--Payments received pursuant to subsection (b)(1)
shall be credited to the appropriation for operating expenses of the
Coast Guard.
``(d) Limitation.--
``(1) In general.--A Coast Guard vessel or aircraft may not
be used to carry out an agreement under subsection (a) in
fiscal year 2015 and any fiscal year thereafter unless payments
are received by the United States Government pursuant to
subsection (b)(1) in the preceding fiscal year in a total
amount that is not less than difference between--
``(A) the cost incurred by the Coast Guard in
maintaining the services; minus
``(B) the amount of the proportionate share of the
expense generated by vessels documented under the laws
of the United States.
``(2) Exception.--Notwithstanding paragraph (1), Coast
Guard aircraft may be used to carry out an agreement under
subsection (a) if the President determines it necessary in the
interest of national security.
``(3) Notification.--The President 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 a determination made under
paragraph (2) within 15 days after such determination.''.
(b) Repeal.--Section 80302 of title 46, United States Code, and the
item relating to such section in the analysis for chapter 803 of such
title, are repealed on October 1, 2014.
SEC. 303. REPEAL.
Chapter 555 of title 46, United States Code, is amended--
(1) by repealing section 55501;
(2) by redesignating section 55502 as section 55501; and
(3) in the chapter analysis by striking the items relating
to sections 55501 and 55502 and inserting the following:
``55501. United States Committee on the Marine Transportation
System.''.
SEC. 304. DONATION OF HISTORICAL PROPERTY.
Section 51103 of title 46, United States Code, is amended by adding
at the end the following:
``(e) Donation for Historical Purposes.--
``(1) In general.--The Secretary may convey the right,
title, and interest of the United States Government in any
property administered by the Maritime Administration, except
real estate or vessels, if--
``(A) the Secretary determines that such property
is not needed by the Maritime Administration; and
``(B) the recipient--
``(i) is a nonprofit organization, a State,
or a political subdivision of a State;
``(ii) agrees to hold the Government
harmless for any claims arising from exposure
to hazardous materials, including asbestos,
polychlorinated biphenyls, or lead paint, after
conveyance of the property;
``(iii) provides a description and
explanation of the intended use of the property
to the Secretary for approval;
``(iv) has provided to the Secretary proof,
as determined by the Secretary, of resources
sufficient to accomplish the intended use
provided under clause (iii) and to maintain the
property;
``(v) agrees that when the recipient no
longer requires the property, the recipient
shall--
``(I) return the property to the
Secretary, at the recipient's expense
and in the same condition as received
except for ordinary wear and tear; or
``(II) subject to the approval of
the Secretary, retain, sell, or
otherwise dispose of the property in a
manner consistent with applicable law;
and
``(vi) agree to any additional terms the
Secretary considers appropriate.
``(2) Reversion.--The Secretary shall include in any
conveyance under this subsection terms under which all right,
title, and interest conveyed by the Secretary shall revert to
the Government if the Secretary determines the property has
been used other than as approved by the Secretary under
paragraph (1)(B)(iii).''.
SEC. 305. SMALL SHIPYARDS.
Section 54101(i) of title 46, United States Code, is amended by
striking ``2009 through 2013'' and inserting ``2015 and 2016''.
SEC. 306. DRUG TESTING REPORTING.
Section 7706 of title 46, United States Code, is amended--
(1) in subsection (a), by inserting ``an applicant for
employment by a Federal agency,'' after ``Federal agency,'';
and
(2) in subsection (c), by--
(A) inserting ``or an applicant for employment by a
Federal agency'' after ``an employee''; and
(B) striking ``the employee.'' and inserting ``the
employee or the applicant.''.
SEC. 307. 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.''.
SEC. 308. 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. 309. CREDITING TIME IN THE SEA SERVICES.
(a) Endorsements for Veterans.--Section 7101 of title 46, United
States Code, is amended by adding at the end the following:
``(j) The Secretary may issue a license under this section in a
class under subsection (c) to an applicant that--
``(1) has at least 3 months of qualifying service on
vessels of the uniformed services (as that term is defined in
section 101(a) of title 10) of appropriate tonnage or
horsepower within the 7-year period immediately preceding the
date of application; and
``(2) satisfies all other requirements for such a
license.''.
(b) Sea Service Letters.--
(1) In general.--Title 14, United States Code, as amended
by this Act, is further amended by inserting after section 427
the following:
``Sec. 428. Sea service letters
``(a) In General.--The Secretary shall provide a sea service letter
to a member or former member of the Coast Guard who--
``(1) accumulated sea service on a vessel of the armed
forces (as such term is defined in section 101(a) of title 10);
and
``(2) requests such letter.
``(b) Deadline.--Not later than 30 days after receiving a request
for a sea service letter from a member or former member of the Coast
Guard under subsection (a), the Secretary shall provide such letter to
such member or former member if such member or former member satisfies
the requirement under subsection (a)(1).''.
(2) Clerical amendment.--The analysis for chapter 11 of
title 14, United States Code, as amended by this Act, is
further amended by inserting after the item relating to section
427 the following:
``428. Sea service letters.''.
(c) Crediting of United States Armed Forces Service, Training, and
Qualifications.--
(1) Maximizing creditability.--The Secretary of the
department in which the Coast Guard is operating, in
implementing United States merchant mariner license,
certification, and document laws and the International
Convention on Standards of Training, Certification and
Watchkeeping for Seafarers, 1978, shall maximize the extent to
which United States Armed Forces service, training, and
qualifications are creditable toward meeting the requirements
of such laws and such Convention.
(2) Report.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall report to Congress
on the steps taken to implement this subsection.
SEC. 310. TREATMENT OF ABANDONED SEAFARERS.
(a) In General.--The Act to Prevent Pollution from Ships (33 U.S.C.
1901 et seq.) is amended--
(1) by adding at the end the following:
``SEC. 18. 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) Crediting of amounts to fund.--
``(A) In general.--There shall be credited to the
Fund the following:
``(i) Penalties deposited in the Fund under
section 9, except as provided in subparagraph
(B).
``(ii) Amounts reimbursed or recovered
under subsection (d).
``(B) Limitation.--Amounts may be credited to the
Fund under subparagraph (A)(i) only if the unobligated
balance of the Fund is less than $2,000,000.
``(3) Report required.--On the date on which the President
submits each budget for a fiscal year pursuant to section 1105
of title 31, United States Code, 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) Authorization of Appropriations From Fund.--Amounts in the
Fund may be appropriated to the Secretary for use to--
``(1) pay necessary support of--
``(A) a seafarer that--
``(i) enters, remains, or is paroled into
the United States; and
``(ii) is involved in an investigation,
reporting, documentation, or adjudication of
any matter that is related to the
administration or enforcement of this Act by
the Coast Guard; and
``(B) a seafarer that the Secretary determines was
abandoned in the United States and has not applied for
asylum under section 208 or 235 of the Immigration and
Nationality Act (8 U.S.C. 1158, 1225); and
``(2) reimburse a vessel owner or operator that has
provided 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 this Act by the
Coast Guard, for the costs of such necessary support.
``(c) 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.
``(d) 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), the Secretary may--
``(A) proceed in rem against the vessel on which
the affected 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 of title 46, United States Code,
for the vessel.
``(3) Remedy.--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).
``(e) 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; and
``(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 crewman
who is employed or engaged in any capacity on board a vessel
subject to this Act.''; and
(2) in section 9, by adding at the end the following:
``(g) Any penalty collected under subsection (a) or (b) that is not
paid under that subsection to the person giving information leading to
the conviction or assessment of such penalties shall be deposited in
the Abandoned Seafarers Fund established under section 18, subject to
the limitation in subsection (a)(2)(B) of such section.''.
SEC. 311. CLARIFICATION OF HIGH-RISK WATERS.
Section 55305(e) of title 46, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``provide armed personnel aboard''
and inserting ``reimburse, subject to the availability
of appropriations, the owners or operators of''; and
(B) by inserting ``for the cost of providing armed
personnel aboard such vessels'' before ``if''; and
(2) by striking paragraphs (2) and (3) and inserting the
following:
``(2) In this subsection, the term `high-risk waters' means
waters--
``(A) 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; and
``(B) in which the Secretary of Transportation
determines an act of piracy is likely to occur based on
documented acts of piracy that occurred in such waters
during the 12-month period preceding the date on which
an applicable voyage begins.''.
SEC. 312. UNINSPECTED PASSENGER VESSELS IN THE VIRGIN ISLANDS.
(a) In General.--Section 4105 of title 46, United States Code, is
amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) In applying this title with respect to an uninspected vessel
of less than 24 meters overall in length that carries passengers to or
from a port in the United States Virgin Islands, the Secretary shall
substitute `12 passengers' for `6 passengers' each place it appears in
section 2101(42) if the Secretary determines that the vessel complies
with--
``(1) the Code of Practice for the Safety of Small
Commercial Motor Vessels (commonly referred to as the `Yellow
Code'), as published by the U.K. Maritime and Coastguard Agency
and in effect on January 1, 2014; or
``(2) the Code of Practice for the Safety of Small
Commercial Sailing Vessels (commonly referred to as the `Blue
Code'), as published by such agency and in effect on such
date.''.
(b) Technical Correction.--Section 4105(c) of title 46, United
States Code, as redesignated by subsection (a)(1) of this section, is
amended by striking ``Within twenty-four months of the date of
enactment of this subsection, the'' and inserting ``The''.
SEC. 313. OFFSHORE SUPPLY VESSEL THIRD-PARTY INSPECTION.
Section 3316 of title 46, United States Code, is amended by
redesignating subsection (f) as subsection (g), and by inserting after
subsection (e) the following:
``(f)(1) Upon request of an owner or operator of an offshore supply
vessel, the Secretary shall delegate the authorities set forth in
paragraph (1) of subsection (b) with respect to such vessel to a
classification society to which a delegation is authorized under that
paragraph. A delegation by the Secretary under this subsection shall be
used for any vessel inspection and examination function carried out by
the Secretary, including the issuance of certificates of inspection and
all other related documents.
``(2) If the Secretary determines that a certificate of inspection
or related document issued under authority delegated under paragraph
(1) of this subsection with respect to a vessel has reduced the
operational safety of that vessel, the Secretary may terminate the
certificate or document, respectively.
``(3) Not later than 2 years after the date of the enactment of the
Coast Guard and Maritime Transportation Act of 2014, and for each year
of the subsequent 2-year period, the Secretary shall provide to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report describing--
``(A) the number of vessels for which a delegation was made
under paragraph (1);
``(B) any savings in personnel and operational costs
incurred by the Coast Guard that resulted from the delegations;
and
``(C) based on measurable marine casualty and other data,
any impacts of the delegations on the operational safety of
vessels for which the delegations were made, and on the crew on
those vessels.''.
SEC. 314. SURVIVAL CRAFT.
(a) In General.--Section 3104 of title 46, United States Code, is
amended to read as follows:
``Sec. 3104. Survival craft
``(a) 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) 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 enactment of the
Coast Guard and Maritime Transportation Act of 2014.
``(c) 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 and Maritime
Transportation Act of 2014, 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 enactment.
``(d) 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. 315. TECHNICAL CORRECTION TO TITLE 46.
Section 2116(b)(1)(D) of title 46, United States Code, is amended
by striking ``section 93(c)'' and inserting ``section 93(c) of title
14''.
TITLE IV--FEDERAL MARITIME COMMISSION
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Federal Maritime
Commission $24,700,000 for each of fiscal years 2015 and 2016.
SEC. 402. TERMS OF COMMISSIONERS.
(a) In General.--Section 301(b) of title 46, United States Code, is
amended--
(1) by amending paragraph (2) to read as follows:
``(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.'';
and
(2) by redesignating paragraph (3) as paragraph (5), and
inserting after paragraph (2) the following:
``(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.''.
(b) Applicability.--The amendment made by subsection (a)(1) does
not apply with respect to a Commissioner of the Federal Maritime
Commission appointed and confirmed by the Senate before the date of
enactment of this Act.
TITLE V--COMMERCIAL VESSEL DISCHARGE REFORM
SEC. 501. SHORT TITLE.
This title may be cited as the ``Commercial Vessel Discharge Reform
Act of 2014''.
SEC. 502. DISCHARGES INCIDENTAL TO THE NORMAL OPERATION OF CERTAIN
VESSELS.
Section 2(a) of Public Law 110-299 (33 U.S.C. 1342 note) is amended
by striking ``during the period beginning on the date of the enactment
of this Act and ending on December 18, 2014,''.
TITLE VI--MISCELLANEOUS
SEC. 601. DISTANT WATER TUNA FLEET.
Section 421 of the Coast Guard and Maritime Transportation Act of
2006 (Public Law 109-241; 120 Stat. 547) is amended--
(1) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--Subsection (a) only applies to a foreign
citizen who holds a credential to serve as an officer on a
fishing vessel or vessel of similar tonnage.''; and
(B) in paragraph (2), by striking ``An equivalent
credential'' and inserting ``A credential''; and
(2) by striking subsections (c), (e), and (f) and
redesignating subsection (d) as subsection (c).
SEC. 602. VESSEL DETERMINATION.
The vessel assigned United States official number 1205366 is deemed
a new vessel effective on the date of delivery of the vessel after
January 1, 2012, from a privately owned United States shipyard, if no
encumbrances are on record with the Coast Guard at the time of the
issuance of the new certificate of documentation for the vessel.
SEC. 603. LEASE AUTHORITY.
(a) Authority.--The Commandant of the Coast Guard may lease under
section 93(a)(13) of title 14, United States Code, submerged lands and
tidelands under the control of the Coast Guard without regard to the
limitation under that section with respect to lease duration.
(b) Limitation.--The Commandant may lease submerged lands and
tidelands under subsection (a) only if--
(1) lease payments are--
(A) received exclusively in the form of cash;
(B) equal to the fair market value of the leased
submerged lands or tidelands, as determined by the
Commandant; and
(C) deposited in the fund established under section
687 of title 14, United States Code; and
(2) 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.
SEC. 604. NATIONAL MARITIME STRATEGY.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary of Transportation, in consultation with 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 national maritime strategy.
(b) Contents.--The strategy required under subsection (a) shall--
(1) identify--
(A) Federal regulations and policies that reduce
the competitiveness of United States flag vessels in
the international trade; and
(B) the impact of reduced cargo flow due to
reductions in the number of members of the United
States Armed Forces stationed or deployed outside of
the United States; and
(2) include recommendations to--
(A) make United States flag vessels more
competitive in shipping routes between United States
and foreign ports;
(B) increase the use of United States flag vessels
to carry cargo imported to and exported from the United
States;
(C) assure compliance by Federal agencies with
chapter 553 of title 46, United States Code;
(D) increase the use of third-party inspection and
certification authorities to inspect and certify
vessels;
(E) increase the use of short sea transportation
routes designated under section 55601(c) of title 46,
United States Code, to enhance intermodal freight
movements; and
(F) enhance United States shipbuilding capability.
SEC. 605. IMO POLAR CODE NEGOTIATIONS.
Not later than 30 days after the date of the enactment of this Act,
and thereafter with the submission of the budget proposal submitted for
each of fiscal years 2016, 2017, and 2018 under section 1105 of title
31, United States Code, 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 on--
(1) the status of the negotiations at the International
Maritime Organization regarding the establishment of a draft
international code of safety for ships operating in polar
waters, popularly known as the Polar Code, and any amendments
proposed by such a code to be made to the International
Convention for the Safety of Life at Sea and the International
Convention for the Prevention of Pollution from Ships;
(2) the coming into effect of such a code and such
amendments for nations that are parties to those conventions;
(3) impacts, for coastal communities located in the Arctic
(as that term is defined in the section 112 of the Arctic
Research and Policy Act of 1984 (15 U.S.C. 4111)) of such a
code or such amendments, on--
(A) the costs of delivering fuel and freight; and
(B) the safety of maritime transportation; and
(4) actions the Secretary must take to implement the
requirements of such a code and such amendments.
SEC. 606. VALLEY VIEW FERRY.
(a) Exemption.--Section 8902 of title 46, United States Code, shall
not apply to the vessel John Craig (United States official number
D1110613) when such vessel is operating on the portion of the Kentucky
River, Kentucky, located at approximately mile point 158, in Pool
Number 9, between Lock and Dam Number 9 and Lock and Dam Number 10.
(b) Application.--Subsection (a) shall apply on and after the date
on which the Secretary determines that a licensing requirement has been
established under Kentucky State law that applies to an operator of the
vessel John Craig.
SEC. 607. COMPETITION BY UNITED STATES FLAG VESSELS.
(a) In General.--The Commandant of the Coast Guard shall enter into
an arrangement with the National Academy of Sciences to conduct an
assessment of authorities under subtitle II of title 46, United States
Code, that have been delegated to the Coast Guard that impact the
ability of vessels documented under the laws of the United States to
effectively compete in the carriage of merchandise and passengers in
the international trade.
(b) Review of Differences With IMO Standards.--The assessment under
subsection (a) shall include a review of differences between United
States laws, policies, regulations, and guidance governing the
inspection of vessels documented under the laws of the United States
and standards set by the International Maritime Organization governing
the inspection of vessels.
(c) Deadline.--Not later than 180 days after the date on which the
Commandant enters into an arrangement with the National Academy of
Sciences under subsection (a), the Commandant shall submit the
assessment required under such subsection to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate.
SEC. 608. SURVEY.
Not later than 30 days after the date of enactment of this Act, the
Commandant of the Coast Guard shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
survey of the parcel of real property under the administrative control
of the Coast Guard, consisting of approximately 1.95 acres (measured at
the mean low-water mark) located at the entrance to Gig Harbor,
Washington, and commonly known as the Gig Harbor Sand Spit Area.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Coast Guard and Maritime Transportation.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Subcommittee on Coast Guard and Maritime Transportation Discharged.
Reported (Amended) by the Committee on Transportation and Infrastructure. H. Rept. 113-384.
Reported (Amended) by the Committee on Transportation and Infrastructure. H. Rept. 113-384.
Placed on the Union Calendar, Calendar No. 286.
Mr. Hunter moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H2763-2779)
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DEBATE - The House proceeded with forty minutes of debate on H.R. 4005.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H2763-2772)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H2763-2772)
Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.