[Senate Report 112-135]
[From the U.S. Government Publishing Office]
112th Congress Report
SENATE
2d Session 112-135
_______________________________________________________________________
Calendar No. 300
COAST GUARD AUTHORIZATION ACT FOR FISCAL YEARS 2012 AND 2013
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1665
January 26, 2012.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred twelfth congress
second session
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California JIM DeMINT, South Carolina
BILL NELSON, Florida JOHN THUNE, South Dakota
MARIA CANTWELL, Washington ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey JOHNNY ISAKSON, Georgia
MARK PRYOR, Arkansas ROY BLUNT, Missouri
CLAIRE McCASKILL, Missouri JOHN BOOZMAN, Arkansas
AMY KLOBUCHAR, Minnesota PATRICK J. TOOMEY, Pennsylvania
TOM UDALL, New Mexico MARCO RUBIO, Florida
MARK WARNER, Virginia KELLY AYOTTE, New Hampshire
MARK BEGICH, Alaska DEAN HELLER, Nevada
Ellen Doneski, Staff Director
James Reid, Deputy Staff Director
Todd Bertoson, Republican Staff Director
Jarrod Thompson Republican Deputy Staff Director
Rebecca Seidel, Republican General Counsel
Calendar No. 300
112th Congress Report
SENATE
2d Session 112-135
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COAST GUARD AUTHORIZATION ACT FOR FISCAL YEARS 2012 AND 2013
_______
January 26, 2012.--Ordered to be printed
_______
Mr. Rockefeller, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1665]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1665) to authorize
appropriations for the Coast Guard for fiscal years 2012 and
2013, and for other purposes, having considered the same,
reports favorably thereon with an amendment (in the nature of a
substitute) and recommends that the bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 1665, the Coast Guard Authorization Act for
Fiscal Years 2012 and 2013, as amended, is two-fold. First, the
bill would authorize amounts to be appropriated and set levels
of military strength and training for the Coast Guard for each
of fiscal years (FYs) 2012 and 2013. S. 1665 authorizes funding
levels covering seven accounts: (1) operation and maintenance
expenses (OE); (2) acquisition, construction, and improvement
of facilities and equipment (AC&I); (3) research, development,
testing, and evaluation (RDT&E); (4) retired pay; (5)
alteration or removal of bridges; (6) environmental compliance
and restoration (EC&R); and (7) the reserve program. Second, S.
1665 would make a number of refinements to the Coast Guard's
statutory authorities in order to help ensure that the Service
is able to maintain--and in certain cases augment--its current
operational capabilities across its eleven statutory missions.
Background and Needs
The Coast Guard is unique among Federal Government entities
in that it not only constitutes a part of the military forces
of the United States but also is authorized to enforce all
applicable Federal laws on, under, and over the high seas
subject to the jurisdiction of the United States. It is a
military, multi-mission, maritime service with its genesis in
the Revenue Cutter Service, which was established in 1790 by
the First Congress at the recommendation of Treasury Secretary
Alexander Hamilton. On February 27, 1914, the Senate Committee
on Commerce reported favorably\1\, and on January 28, 1915,
President Woodrow Wilson signed into law S. 2337, which formed
the modern-day Coast Guard by combining the Revenue Cutter
Service and the U.S. Lifesaving Service and established its
operation within the Treasury Department in time of peace and
as a part of the Navy in time of war or at the direction of the
President.\2\ In the 96 years since its creation, the Coast
Guard's missions have grown and evolved. In the mid-twentieth
century, the Service absorbed additional Federal Government
entities of significant importance to maritime commerce and
transportation--first the United States Lighthouse Service in
1939, then the Bureau of Marine Inspection and Navigation and
its Steamboat Inspection Service in 1946. In 1967, the Coast
Guard was transferred from the Department of the Treasury to
the Department of Transportation (DOT).\3\ With the enactment
of the Homeland Security Act of 2002, the Coast Guard and a
number of other Federal agencies were transferred to the
Department of Homeland Security (DHS).\4\
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\1\ S. Rep. No. 63-300 (1914).
\2\ Act of Jan. 28, 1915, ch. 20, 38 Stat. 800 (1915).
\3\ Department of Transportation Act 6(b)(1) Oct. 15, 1966, Pub.
L. 89-670, 80 Stat. 931.
\4\ 6 U.S.C. 468(b) (2010).
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Today, the Coast Guard consists of over 42,000 active duty
personnel, 7,000 reservists, 7,800 civilian employees, and
30,000 auxiliary volunteers. It performs eleven statutory
missions, namely:
Aids to navigation;
Defense readiness;
Drug interdiction;
Ice operations;
Living marine resources (fisheries law
enforcement);
Marine environmental protection;
Marine safety;
Migrant interdiction;
Ports, waterways, and coastal security;
Other law enforcement; and
Search and rescue.\5\
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\5\ 6 U.S.C. 468(a) (2010).
These diverse missions can be grouped broadly into three
categories--safety, security, and stewardship. On average, each
day the Coast Guard saves 13 lives, responds to 64 search and
rescue cases, keeps 959 pounds of cocaine off the streets,
prevents $260,000 in property damage, interdicts ten
undocumented migrants seeking to unlawfully enter the United
States, services 49 buoys and other aids to navigation, ensures
compliance of 15 fishing vessels with fisheries laws,
investigates 12 marine accidents, responds to and investigates
ten pollution incidents, conducts security inspections of five
high interest vessels, and escorts four U.S. Navy vessels
transiting U.S. waterways.\6\
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\6\ U.S. Coast Guard, Coast Guard 2010 Snapshot: A Summary of Facts
and Figures about America's Coast Guard, http://www.uscg.mil/top/about/
doc/uscg_snapshot.pdf.
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Currently, the Coast Guard finds itself at a crucial juncture
in its long and storied history. Over time, the jobs assigned
to the Coast Guard by Congress and the President have grown not
only in number, but also in diversity and complexity. This
steady expansion of Coast Guard missions has not been
accompanied by a commensurate growth in the resources needed to
fully fund those missions, and within the last year the
Commandant of the Coast Guard has begun speaking openly and
frankly about the potential need to reduce the number and range
of new Coast Guard capabilities until they can be properly
resourced.\7\
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\7\ Admiral Robert J. Papp, Jr., U.S. Coast Guard, State of the
Coast Guard Address, Feb. 10, 2011,http://www.uscg.mil/
seniorleadership/SPEECHES/2011-02-10_State_of_the_Coast_
Guard.pdf.
COAST GUARD RECAPITALIZATION
At the same time that the Coast Guard is adapting to the
increased number, diversity, and complexity of missions it is
being asked to perform, it also continues to pursue its
critically important, long-term fleet recapitalization program
for the replacement of its timeworn ships and aircraft.
Currently, the fleet recapitalization plan contemplates
replacing the Coast Guard's ten remaining 378-foot High
Endurance Cutters (HECs), which were commissioned between 1967
and 1972, with eight 418-foot National Security Cutters (NSCs);
27 of its 210-foot and 270-foot Medium Endurance Cutters
(MECs), which were commissioned between 1964 and 1991, with 25
Offshore Patrol Cutters (OPCs); 41 110-foot Patrol Boats, which
were commissioned between 1985 and 1992, with 58 154-foot Fast
Response Cutters (FRCs); and replacing its 10 HU-25 Guardian
medium-range, fixed-wing aircraft with 36 HC-144A Medium-Range
Surveillance aircraft.
The average age of the Coast Guard's HECs, which are widely
regarded for their versatility and capability of performing a
variety of missions, is over 40 years--25 years older than the
average age of Navy ships.\8\ Owing to their advanced age, the
Coast Guard is only getting roughly 75 percent of the desired
days out of the HECs because of breakdowns. Furthermore, the
vessels are reaching an age where many of the parts and
equipment onboard are no longer in production, and the Coast
Guard must special-order custom-made replacements at
significant expense. The HECs are by no means the lone example
of the challenges associated with the Service's effort to
maintain its aging fleet. Many other Coast Guard vessels and
aircraft are struggling with major mission-debilitating
casualties, resulting loss of operational days, and ever
increasing maintenance costs.
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\8\ Admiral Thad Allen, U.S. Coast Guard, State of the Coast Guard
Address, Feb. 12, 2010, http://www.uscg.mil/history/allen/speeches/
docs/SOTCG12Feb2010Transcript.pdf.
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As the Coast Guard has pursued its sorely needed
recapitalization program, it has continued to grapple with
steadily increasing total cost estimates and slipping timelines
for completion. In 1998, the Coast Guard's initial estimated
cost for the Deepwater recapitalization program was $17
billion, with an estimated delivery date for all new and
retrofitted assets of 2018. In February 2005, following its
move from DOT to DHS, the Coast Guard submitted a revised
Deepwater implementation plan to Congress to address increased
costs and account for new security capabilities and missions.
Under this revised plan, which was approved by DHS in May 2007,
the overall program cost increased to $24.2 billion, with the
final assets scheduled for delivery in 2027. In July of 2011,
the latest in a series of Government Accountability Office
(GAO) reports examining the recapitalization program estimated
that the total acquisition cost could ultimately be as much as
$29.3 billion.\9\ Furthermore, GAO warned that additional
program cost growth is looming because the Coast Guard has yet
to develop and submit revised baselines for every asset-type it
will acquire--most notably the OPC, which GAO calls the largest
cost driver in the entire program.\10\ The Committee continues
to be concerned that the current rate at which aging Coast
Guard assets are being replaced cannot keep pace with the rate
at which current ships and aircraft are reaching the end of
their service lives. This situation, if left unaddressed, will
force the Coast Guard to make operational tradeoffs that have
the potential to create gaps in mission readiness.
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\9\ U.S. Gov't Accountability Office, Coast Guard: Action Needed as
Approved Deepwater Program Remains Unachievable 10 (2011).
\10\ Id.
ARCTIC & ICE OPERATIONS
While the fleet recapitalization program does not currently
include within its scope the Service's polar icebreaking
facilities, these fleet assets also are at or near the end of
their useful service lives. The Coast Guard is required by law
to develop, maintain, and operate the Nation's icebreaking
fleet in the polar regions, but with aging assets and sparse
resources the Service faces serious challenges in executing
tasks necessary to perform its statutory missions in the Arctic
and Antarctic. These challenges come just as the evidence is
now undeniable that drastic environmental changes are occurring
in the polar regions, and particularly in the Arctic. Reduced
extent of sea ice in the Arctic is leading to a significant
increase in commercial and non-commercial activity in the
Arctic waters. New shipping routes that were previously frozen
solid and unnavigable are now being used by vessels of foreign
nations to reduce transit times.
In recent years, as changes in the polar regions have become
more readily apparent, U.S. attention to Arctic issues has
increased significantly. On January 9, 2009, President Bush
signed a presidential directive establishing a new U.S. policy
for the Arctic region.\11\ This policy directive was issued as
National Security Presidential Directive 66/Homeland Security
Presidential 25 (NSPD 66/HSPD 25) and superseded a 1994
presidential directive on Arctic policy. The directive states
that the United States is an Arctic nation and it is the policy
of the United States to: meet national security and homeland
security needs relevant to the Arctic region; protect the
Arctic environment; ensure natural resource management and
economic development in the region; strengthen institutions for
cooperation among the eight Arctic nations; involve the
Arctic's indigenous communities in decisions; and enhance
scientific monitoring and research. In carrying out this policy
as it relates to national security and homeland security
interests in the Arctic, it directs the Secretaries of State,
Defense, and Homeland Security, in coordination with the heads
of other relevant executive departments and agencies, to:
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\11\ National Security Presidential Directive 66/Homeland Security
Presidential Directive 25 (Jan. 9, 2009).
develop greater capabilities and capacity,
as necessary, to protect U.S. air, land, and sea
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borders in the Arctic region;
increase Arctic maritime domain awareness in
order to protect maritime commerce, critical
infrastructure, and key resources;
preserve the global mobility of U.S.
military and civilian vessels and aircraft throughout
the Arctic region;
project a sovereign U.S. maritime presence
in the Arctic in support of essential U.S. interests;
and
encourage the peaceful resolution of
disputes in the Arctic region.
In October 2009, the U.S. Navy released the U.S. Navy Arctic
Roadmap, which is intended to guide the Navy on policy,
strategy, and investments relating to the changing Arctic.\12\
The roadmap contemplates a number of strategic drivers,
including national policy guidance, the changing Arctic
environment, the potential increase in natural resource
extraction and inter- and intra-Arctic shipping, the activities
and interests of other Arctic nations, past and present Navy
experiences in the Arctic, and current fleet capabilities and
limitations for Arctic operations. The goal of the roadmap is
to ensure naval readiness and capability, and to promote
maritime security in the Arctic region. Key elements of the
plan include increasing operational experience, promoting
cooperative partnerships, and improving environmental
understanding. Recommendations from the roadmap include an
assessment of Navy readiness for operating under harsh Arctic
conditions, with a methodical review of current capabilities
and gaps; the continuation of Arctic and sub-Arctic training
exercises, including joint search and rescue, humanitarian
assistance, and disaster relief exercises with the Coast Guard;
and investments in sensors and platforms to expand Arctic
maritime domain awareness, including more robust environmental
sensors to support enhanced modeling that will lead to better
predictive capabilities.
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\12\ U.S. Navy Arctic Roadmap 2009.
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In May 2010, President Obama signed the National Security
Strategy which lays out a strategic approach for advancing
American interests, including the security of the American
people, a growing U.S. economy, support for U.S. values, and an
international plan to address future challenges. In this
strategy, the President notes that the United States is an
Arctic nation with broad and fundamental interests in the
Arctic region, where we seek to meet our national security
needs, protect the environment, responsibly manage resources,
account for indigenous communities, support scientific
research, and strengthen international cooperation on a wide
range of issues.\13\
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\13\ National Security Strategy (May, 2010), http://
www.whitehouse.gov/sites/default/files/rss_viewer/
national_security_strategy.pdf.
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The Committee has long been, and continues to be, concerned
that the Nation is in jeopardy of losing the fundamental polar
operational capabilities necessary to successfully pursue these
important strategy and policy goals.
Prior to 1965, icebreaking needs for our Nation were provided
by the Navy. In 1965, the Navy permanently transferred
responsibility for the operation of icebreakers and
responsibility for mission requirements in the polar regions to
the Coast Guard. The Navy has stated that the Arctic is
critical to national defense, and that maintaining a continued
presence in the region on the surface, subsurface, and in the
air is required.\14\
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\14\ U.S. Navy Arctic Roadmap 6 (2009).
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Today, the Federal Government owns only three polar
icebreakers--the Coast Guard Cutters HEALY (WAGB-20), POLAR SEA
(WAGB-11), and POLAR STAR (WAGB-10). Currently, only the HEALY,
a ``medium'' polar icebreaker is capable of operating in the
Arctic, but not the Antarctic. The POLAR STAR, one of two
``heavy'' polar icebreakers capable of operating in either
polar region, has been maintained in ``caretaker'' status since
2006. It is currently undergoing a service life extension in
order to be reactivated, but it will not be operational until
January 2013, at the earliest. This refurbishment will only
extend its service life to 2020. The POLAR SEA, the other of
the two heavy polar icebreakers, received a service life
extension in the early 2000s which should have extended its
useful service life through 2015. In the summer of 2010,
possibly due to a modification to the original configuration of
its diesel engines made during its service life extension, the
POLAR SEA encountered accelerated engine wear which required it
to enter emergency dockside repair. In February 2011, the
President's proposed budget for the Coast Guard for FY 2012
included plans to decommission the POLAR SEA.
With no heavy icebreaker and only one medium icebreaker, U.S.
capabilities in the polar regions stand in stark contrast to
the icebreaking capability of other nations in the Northern
Hemisphere. Most notably, Russia has twenty-five icebreakers--
eight of which are heavy icebreakers--and is using them to
assert sovereign control over the Arctic region and its many
valuable resources. Other Arctic countries with significant
icebreaking capability include Finland, with seven icebreakers;
Sweden, with seven; and Canada, with six. In this regard, it is
worth noting that a May 21, 2008, letter to the Chairman of the
Joint Chiefs of Staff, the Commander of the U.S. Northern
Command, the Commander the U.S. Transportation Command, and the
Commander of the U.S. Pacific Command emphatically stated, ``To
assert our interests in these regions, the United States needs
assured access with reliable icebreaking ships''.\15\ This
letter also stated that the icebreakers were essential
instruments of the U.S. policy in the polar regions and
included recommendations for the construction of new polar
icebreakers for the Coast Guard and adequate funding to keep
existing icebreakers ready and viable.
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\15\ Letter from General Victor E. Renuart, General Norton A.
Schwartz, and Timothy J. Keating to General James E. Cartwright (May
21, 2008).
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Since 2007, the Coast Guard has been studying the full range
of capabilities needed for the Service to meet its statutory
mission requirements and the requirements issued by the U.S.
Navy in the polar regions, identifying gaps in mission
capabilities in the regions and the number and types of
assets--including polar icebreakers--needed to close the gaps.
In 2007, the National Research Council of the National
Academies (NRC) issued a report which concluded that
``[n]ational interests in the polar regions require that the
United States immediately program, budget, design, and
construct two new polar icebreakers to be operated by the U.S.
Coast Guard,'' and that ``[t]o provide continuity of U.S.
icebreaking capabilities, the POLAR SEA should remain mission
capable and the POLAR STAR should remain available for
reactivation until the new polar icebreakers enter
service.''\16\
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\16\ Nat'l Research Council of the Nat'l Academies, Polar
Icebreakers in a Changing World 100-101 (2007).
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Following the publication of the NRC report, in 2008 Congress
directed the Coast Guard to undertake its own study of
icebreaking and other capabilities needed to fulfill its
statutory missions in the polar regions, known as the High
Latitude Study (HLS). On July 20, 2011, the HLS was provided to
Congress. It concludes that, in order to fulfill Coast Guard
statutory missions in both polar regions, the Coast Guard
requires three heavy and three medium icebreakers. Furthermore,
the study concludes that, in order to fulfill its statutory
missions in the polar regions and maintain the continuous
presence requirements of the Navy's Naval Operations Concept,
the Coast Guard requires six heavy and four medium icebreakers.
On October 15, 2010, the President signed into law the Coast
Guard Authorization Act of 2010 (CGAA). The CGAA included a
mandate that the Coast Guard require a non-governmental,
independent third party with extensive experience in the
analysis of military procurements to conduct a comparative
cost-benefit business case analysis (BCA) of rebuilding the
existing fleet of polar icebreakers on the one hand, and
constructing new polar icebreakers on the other.\17\ Included
in the scope of the required BCA was a comparative treatment of
the costs and benefits associated with the operation of such
assets by the Coast Guard versus their operation by the
National Science Foundation.\18\ The BCA, which was provided to
the Committee on November 2, 2011, contains the following
summary findings:
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\17\ Coast Guard Authorization Act of 2010, Pub. L. 111-281
307(f), 124 Stat. 2905, 2928 (2010).
\18\ Id.
In order for the Nation to address its polar
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icebreaker shortfall, this analysis concludes:
The polar icebreaker fleet should be
recapitalized by constructing new heavy polar
icebreakers for operation by the Coast Guard.
The acquisition of heavy polar icebreakers
within the existing Coast Guard budget would have
significant adverse impact on all Coast Guard
activities.
Given the age of the Polar Star, and based
on inspection records and ship visits, there is risk to
assume Polar Star can remain fully operational until at
least 2020 once it completes its revitalization.
The design-build timetable for a new heavy
icebreaker, even under an aggressive schedule, is at
best eight years. It is paramount that planning and
budgeting begin immediately.
The recapitalization of the polar icebreaker fleet
cannot be funded within the Coast Guard budget. The
requirement for full up-front funding places undue
pressure on the acquisition of major assets. Even if
such requirements can be waived; the Coast Guard budget
does not have the tradespace for incremental funding of
polar icebreakers.
. . .
An approach that should be considered is that which
was used for the icebreaker Healy. After the
Administration identified the need for one additional
Coast Guard icebreaker, $329 million was appropriated
for the ``Coast Guard icebreaker ship program'' in the
FY 1990 Department of Defense (DOD) Budget (Pub. L.
101-165 of November 21, 1989). There is considerable
strain on the DOD budget, thus a means to relieve that
stress would be to provide relief from the requirement
for full up-front funding such as used for the U.S.
Navy's Aircraft Carrier procurements which would reduce
single year funding impacts.\19\
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\19\ ABS Consulting, U.S. Polar Icebreaker Recapitalization, A
Comprehensive Analysis and Its Impacts on U.S. Coast Guard Activities
VI-VII (2011).
Notably, although not required by the congressional mandate,
the BCA includes a treatment of the costs and benefits of
leasing polar icebreakers. The BCA identifies a number of
drawbacks to the leasing option, the most notable of which is
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the following:
Finally, the lack of a currently existing domestic
commercial vessel capable of meeting requirements
reduces available options to Purchase and Build-to-
Lease. A theoretical Cost-Benefit Analysis comparison
of Build-to-Lease versus Purchase suggests that the
lease option may actually be more costly at reasonable
profit rates (12 percent) over the expected 30-year
life of the asset.\20\
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\20\ Id. L-1.
The Committee wishes to express its agreement with the
conclusions of the NRC report, the HLS, and the BCA. It is of
critical importance to our present and future national
interests to, at a bare minimum, maintain the Coast Guard's
current polar icebreaking fleet, thereby maintaining its
operational capabilities in the polar regions. Indeed, the
Committee notes that this is required under current law. The
Coast Guard is required by its organic statute to ``develop,
establish, maintain, and operate, with due regard to the
requirements of national defense . . . ice-breaking facilities
. . . for the promotion of safety on, under, and over the high
seas and waters subject to the jurisdiction of the United
States.''\21\ The Homeland Security Act of 2002 reiterates this
and related duties of the Coast Guard by specifying ice
operations as one of the Service's 11 statutory missions.\22\
Furthermore, the Homeland Security Act clearly states that
``the authorities, functions, and capabilities of the Coast
Guard to perform its missions shall be maintained intact and
without significant reduction after the transfer of the Coast
Guard to the Department [of Homeland Security], except as
specified in subsequent Acts,'' and ``[t]he Secretary may not
substantially or significantly reduce the missions of the Coast
Guard or the Coast Guard's capability to perform those
missions, except as specified in subsequent Acts.''\23\ Far
from specifying any reduction in the Coast Guard's polar
icebreaking assets, Congress has consistently supported
maintaining the Service's polar icebreakers.\24\ As Coast Guard
mission demands continue to evolve and increase concomitant
with increased human activity in the changing polar regions,
the importance of Coast Guard polar icebreaking capability
adequate to meet those demands cannot be overstated. Without
that capability, the Coast Guard cannot remove navigational
hazards in order to maintain maritime mobility and safety of
life and property at sea. It cannot assist or escort vessels in
distress, or those beset or stranded in ice.
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\21\ 14 U.S.C. 2 (2010).
\22\ 6 U.S.C. 468(a) (2010).
\23\ 6 U.S.C. 468(c) & (e) (2010).
\24\ See Coast Guard and Maritime Transportation Act of 2006, Pub.
L. 109-241, 210 (2006) (requiring, inter alia, that: (1) the Coast
Guard formulate a plan for the operation and maintenance after fiscal
year 2006 of the POLAR STAR, POLAR SEA, and HEALY, and for the long-
term recapitalization of those assets; and (2) the Secretary of the
department in which the Coast Guard is operating take all necessary
measures to ensure that the Coast Guard maintains, at a minimum, its
current vessel capacity for carrying out ice breaking in the Arctic and
Antarctic, Great Lakes, and New England regions); H. Comm. on
Appropriations, 110th Cong., Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act, 2009, at 646 (Comm.
Print 2008) (appropriating $30,300,000 for fiscal year 2009 to
reactivate the POLAR STAR for an additional seven to ten years of
service life); and H. Rep. No. 111-298, at 89 (2009) (Conf. Rep.)
(providing an additional $32,500,000 in fiscal year 2010 to complete
the reactivation and service life extension of the POLAR STAR).
MARINE ENVIRONMENTAL PROTECTION
Another critical mission of the Coast Guard is its statutory
mission of marine environmental protection (MEP). The Coast
Guard is designated by the President as the Federal On-Scene
Coordinator (FOSC) for all oil spills other than inland spills,
under the National Contingency Plan. To understand the
importance of the MEP mission and the Coast Guard's leadership
role as the FOSC for coastal and marine spill response, one
need look no further than the explosion of the mobile offshore
drilling unit DEEPWATER HORIZON and resulting crude oil leak in
the Gulf of Mexico in 2010.
On April 20, 2010, the DEEPWATER HORIZON suffered an
explosion after capping an exploratory oil well 42 miles
southeast of Venice, Louisiana. The explosion originated from a
methane gas build-up within the well, which shot up and out of
the drill column and ignited upon reaching the platform. Most
of the rig's workers were able to evacuate the platform as it
burned; however, 11 workers were never found. Following the
sinking of the rig, it was discovered that oil was gushing from
the unsecured well about 5,000 feet below the water's surface
and a leak began to spread at the site. By July 15, when the
gushing wellhead was finally capped--nearly three months after
the spill began--approximately 4.9 million barrels (205,800,000
gallons) of crude oil had been released into the Gulf of Mexico
in the largest accidental marine oil spill in history.
As the FOSC for the DEEPWATER HORIZON disaster, the Coast
Guard was called upon to direct and coordinate an effective
response, sustained over the course of several months, to a
subsea crude oil leak of almost inconceivable proportions.
While the Service appears to have met this challenge without
any significant gaps in operational capabilities elsewhere, it
is clear from the demands placed on it in responding to this
catastrophic event that the Coast Guard must have the
authorities and resources necessary to support the full range
of Coast Guard capabilities in support of the MEP mission.
Furthermore, it is crucial that the Coast Guard have the
autonomy and flexibility to stage those resources as necessary
to most effectively and efficiently employ them in a given MEP
response operation. As an example, the ability to assign
national response functions and staff throughout the Coast
Guard, rather than maintaining a National Strike Force
Coordination Center in one physical location, would promote
increased flexibility, responsiveness, efficiency, and cost
savings.
The DEEPWATER HORIZON oil spill has also highlighted the need
for improved basic oceanographic research and the research and
development of new oil spill response and removal technologies.
Oceanographic and meteorological observations provide data that
contribute to a greater understanding of ocean surface current
flows. This, in turn, increases the accuracy of oil spill
trajectory models, which are critical to the oil spill response
effort. Acquiring this data over long time periods improves
prediction accuracy, so resources can be mobilized in the right
place at the right time. More innovative technologies, such as
unmanned maritime vehicles (UMVs) and self-propelled ocean
gliders improve the understanding of the ocean. The UMVs can
collect ocean data over long distances while providing real-
time data telemetry to undersea sensors. This information can
include oxygen content, temperature, wave height, density and
presence (or absence) of hydrocarbons and other sensors that
can aid in accurate underwater plume mapping and the assessment
of the health of underwater habitats. The Committee supports
the use of UMVs and other cost-saving maritime technologies to
complement and enhance the Coast Guard's MEP capabilities,
especially such technologies which also have potential
applications in other Coast Guard missions, such as search and
rescue; ports, waterways, and coastal security; drug
interdiction; and migrant interdiction.
Summary of Provisions
S. 1665, as reported, would authorize appropriations for the
Coast Guard accounts covered in the bill totaling approximately
$10.112 billion for each of FY 2012 and FY 2013, and would
authorize an end-of-year strength for active duty personnel of
47,000 for FY 2012 and 49,350 for FY 2013. The bill would
mandate that all budget authority for the operation and
maintenance of Coast Guard vessels, aircraft, systems, aids to
navigation, infrastructure, and any other Coast Guard assets be
allocated to the Coast Guard. The bill would make a number of
refinements to Coast Guard authorities relating to its ice
operations mission, the most important of which would be to
make the Coast Guard the sole provider of polar icebreaking
services to agencies of the Federal Government, and require the
Secretary of Homeland Security to ensure that the Coast Guard
continues to operate a minimum of one medium and two heavy
polar icebreakers as part of its fleet. The bill would extend
the current authority for expedited hiring of major
acquisitions experts to work on the Coast Guard's ongoing fleet
recapitalization efforts from the current 2012 deadline to
2015. The bill would also authorize the Coast Guard advance
procurement funding authority for the purchase of new ship
construction materials, parts, and components that have a long
``lead time'' for their manufacture or production.
Legislative History
S. 1665 was introduced on October 6, 2011, by Senator Begich,
and was referred to the Committee on Commerce, Science, and
Transportation. Senator Rockefeller and Senator Snowe are
original cosponsors of the legislation. On November 2, 2011,
the Committee ordered that S. 1665 be reported with an
amendment in the nature of a substitute.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
January 13, 2012.
Hon. John D. Rockefeller IV,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1665, the Coast
Guard Authorization Act for Fiscal Years 2012 and 2013.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sarah Puro.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 1665--Coast Guard Authorization Act for Fiscal Years 2012 and 2013
Summary: S. 1665 would amend various laws that govern the
activities of the United States Coast Guard (USCG). The bill
also would authorize appropriations totaling about $19 billion,
primarily for ongoing USCG operations during 2012 and 2013
($8.5 billion has already been appropriated for fiscal year
2012). As a result, CBO estimates that appropriating the
additional amounts specifically authorized by the bill and
additional amounts estimated to be necessary would cost about
$9.1 billion over the 2013-2017 period.
The bill also would increase the authority of the Coast
Guard to receive direct appropriations from the Oil Spill
Liability Trust Fund (OSLTF) in the event of a significant oil
spill in United Stales waters. As a result, the bill would
increase direct spending by $3 million over the 2012-2021
period, CBO estimates; therefore, pay-as-you-go procedures
apply.
Enacting the bill could result in the collection of
additional criminal or civil penalties because it would
establish new penalties for certain violators of environmental
law. Penalties are recorded as revenues and deposited in the
U.S. Treasury. However, based on the small number of cases
involved, CBO estimates that such collections would be minimal
and the effect on revenues would be insignificant.
S. 1665 contains intergovernmental and private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
because it would increase the costs of complying with existing
mandates related to active-duty personnel in the Coast Guard.
The bill would impose additional private-sector mandates on
owners and operators of vessels. CBO estimates that the
aggregate cost of complying with the mandates would fall below
the annual thresholds established in UMRA for intergovernmental
and private-sector mandates ($73 million and $146 million,
respectively, in 2012, adjusted annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1665 is shown in the following table.
The costs of this legislation fall within budget function 400
(transportation).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------------------
2012 2013 2014 2015 2016 2017 2012-2017
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
United States Coast Guard Authorizations:
Authorization Levela....................... 119 8,645 0 0 0 0 8,764
Estimated Outlays.......................... 19 5,989 1,494 533 331 156 8,522
Polar Ice Breakers:
Estimated Authorization Level.............. 0 1,750 0 0 0 0 1,750
Estimated Outlays.......................... 0 50 100 100 100 200 550
Seafarers Fund:
Authorization Level........................ 2 2 2 0 0 0 5
Estimated Outlays.......................... * 2 2 1 0 0 5
Total Changes:
Estimated Authorization Level.......... 121 10,397 2 0 0 0 10,520
Estimated Outlays...................... 19 6,041 1,596 634 431 356 9,077
CHANGES IN DIRECT SPENDING
Oil Spill Liability Trust Fundb
Estimated Budget Authority................. * * * * * * 1
Estimated Outlays.......................... * * * * * * 1
CHANGES IN REVENUES
Estimated Revenues............................. * * * * * * *
----------------------------------------------------------------------------------------------------------------
Note: * = less than $500,000.
aThe level for 2012 is the additional amount necessary to reach the total authorization under the bill. To date,
about $8.5 billion has been appropriated for ongoing Coast Guard activities in 2012.
bCBO estimates that direct spending under S. 1665 would total $3 million over the 2012-2022 period.
Basis of estimate:
Spending Subject to Appropriation
For this estimate, CBO assumes that S. 1665 will be enacted
in fiscal year 2012 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.
CBO estimates that appropriating the amounts authorized by
the bill and estimated to be necessary would cost about $9.1
billion over the 2012-2017 period. The cost estimate does not
include $90 million in spending by the USCG that would be
derived from the OSLTF for operating and research expenses
because that amount is already authorized under existing law.
USCG Authorizations. S. 1665 would authorize funding for
ongoing USCG activities for 2012 and 2013. Specifically, the
bill would authorize the appropriation of about $17.3 billion
for USCG operations (including about $14 billion for operations
and maintenance, $2.8 billion for capital acquisitions, $274
million for reserve training, $40 million for research
programs, $34 million for environmental compliance, and $32
million for construction on certain bridges). Those activities
received appropriations totaling about $8.5 billion in 2012.
The bill would authorize $8.6 billion for 2012, leaving a
remaining authorization level for 2012 of $119 million. The
bill also would extend the Coast Guard's authority to expedite
the hiring of certain personnel in areas where there are
staffing shortages and would give the Coast Guard additional
flexibility in procurement. Assuming appropriation of the
amounts specified in the bill for 2013, CBO estimates that
implementing those provisions of S. 1665 would cost $8.5
billion over the 2012-2017 period.
The bill also would authorize the appropriation of about
$1.4 billion for Coast Guard retirement benefits in fiscal year
2012 and about $1.5 billion for such benefits in fiscal year
2013, but those amounts are excluded from this estimate because
such benefits are considered an entitlement under current law
and are not subject to appropriation. Thus, authorizing the
appropriation of those amounts would have no additional
budgetary impact.
Polar Ice Breakers. Section 403 would require the USCG to
acquire and maintain at least two vessels capable of breaking
up heavy ice. Currently, the USCG has no such vessels in
operation but is rehabilitating one vessel to provide such
capabilities until 2020. The design and construction of a new
icebreaker would take 8 to 10 years. As a result, the USCG
would require appropriations to procure a vessel many years
before that vessel is expected to be in service. Based on
information from the USCG, building two polar icebreakers would
cost about $1.8 billion ($875 million per vessel). CBO
estimates that the Coast Guard would spend about a third of the
construction funds ($550 million) over the 2013-2017 period.
Seafarers Fund. Section 502 would authorize the
appropriation of $1.5 million per year over the 2012-2014
period to support certain seamen who are required to remain in
the United States as witnesses in judicial proceedings and who
are not financially supported by the owner of their vessel or
who were abandoned by their vessel. Based on information from
the Coast Guard, CBO estimates that enacting the provisions of
section 502 would cost about $5 million over the 2012-2017
period.
Direct Spending
Section 602 of the bill would authorize certain
administrative costs to process claims to be taken from the
OSLTF in cases where the President declares a future oil-spill
incident to be a ``spill of national significance.'' Under
current law, the federal administrative costs to process claims
are subject to appropriation. (In recent years, the USCG has
received an appropriation of about $25 million for such
activities.) Since 1990, there have been two oil spills of
national significance. While the frequency of major spills
remains subject to a great deal of uncertainty, CBO estimates
that there will be few major spills in future years. The
probability of such a spill in any given year is small but not
zero. As a result, CBO estimates that implementing this
provision would not increase direct spending by significant
amounts in any one year; over the 2012-2022 period, we estimate
that such spending would total about $3 million on an expected-
value basis.
Revenues
Enacting the bill could result in the collection of
additional civil or criminal penalties because it would
establish new penalties for certain violators of environmental
law. Those penalties would be deposited into the Seafarers Fund
if the balances in that fund were below $5 million. Penalties
are recorded as revenues and deposited in the U.S. Treasury.
However, based on the small number of cases involved, CBO
estimates that such collections would be minimal and the effect
on revenues would be insignificant.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays and revenues that are
subject to those pay-as-you-go procedures are shown in the
following table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 1665 AS ORDERED REPORTED BY THE SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ON NOVEMBER 2,
2011
--------------------------------------------------------------------------------------------------------------------------------------------------------
By Fiscal Year, in Millions of Dollars
-------------------------------------------------------------------------------------------------------------
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2012-2017 2012-2022
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact............ 0 0 0 0 0 0 0 0 0 0 0 1 3
--------------------------------------------------------------------------------------------------------------------------------------------------------
Intergovernmental and private-sector impact: S. 1665
contains intergovernmental and private-sector mandates as
defined in UMRA because it would increase the costs of
complying with existing mandates related to active-duty
personnel in the Coast Guard. The bill would impose additional
private-sector mandates on owners and operators of vessels. CBO
estimates that the aggregate cost of complying with the
mandates would fall below the annual thresholds established in
UMRA for intergovernmental and private-sector mandates ($73
million and $146 million, respectively, in 2012, adjusted
annually for inflation).
Mandates that Apply to Both Public and Private Entities
The bill would increase the costs of complying with
existing intergovernmental and private-sector mandates by
increasing the number of active-duty personnel in the Coast
Guard. The additional personnel would be eligible for
protections under the Servicemembers Civil Relief Act (SCRA).
Under SCRA, servicemembers have the right to maintain a single
state of residence for purposes of paying state and local
personal income taxes. They also have the right to request a
deferral in the payment of certain state and local taxes and
fees. In addition, SCRA requires creditors to charge no more
than 6 percent interest on servicemembers' obligations when
such obligations predate active-duty service and allows courts
to temporarily stay certain civil proceedings, such as
evictions, foreclosures, and repossessions. Extending these
existing protections to additional servicemembers would
constitute mandates as defined in UMRA and could result in lost
revenues to public and private entities.
The number of active-duty servicemembers covered by SCRA
would increase by less than 1 percent, CBO estimates.
Servicemembers' utilization of the various provisions of the
SCRA depends on a number of uncertain factors, including how
often and how long they are deployed. CBO expects, however,
that relatively few of the added servicemembers would take
advantage of the deferrals in certain state and local tax
payments; thus, the lost revenues to those governments would be
insignificant. Moreover, because the increase in the number of
active-duty servicemembers covered by SCRA would be so small,
CBO expects that the increased costs for private-sector
entities also would be small.
Mandates that Apply to Private Entities Only
The bill would impose a mandate by accelerating
requirements related to oil spill response in the Puget Sound.
Current law requires the Coast Guard to initiate a rulemaking
that would modify the definition of the ``higher volume port
area'' to move the western boundary of the higher volume port
area in the Strait of Juan de Fuca. Modifying the definition
will expand the area covered by various federal oil spill
response regulations. The bill would codify the modified
definition and make any requirements related to oil spill
response applicable on July 1, 2012. By doing so, the bill
would probably require private entities to comply with the
existing requirements related to oil spill responses in higher
volume port areas earlier than currently anticipated. According
to industry sources, much of the industry already complies with
the requirements for higher volume ports and the additional
cost to comply with those requirements sooner than under
current law would be small.
The bill also would require ship owners to pay certain
expenses of seamen who are abandoned under the conditions
specified in the bill. The bill would require ship owners who
do not pay those expenses to reimburse the Support of Seafarers
Fund the total amount paid from the fund to support the seamen,
plus a surcharge of 25 percent.
According to industry sources, situations in which ship
owners would have to pay such expenses are rare, and payments
would probably be low. Therefore, CBO estimates that the cost
to ship owners to comply with this mandate would be minimal.
Previous CBO estimate: On September 30, 2011, CBO
transmitted a cost estimate for H.R. 2838, the Coast Guard and
Maritime Transportation Act of 2011, as ordered reported by the
House Committee on Transportation and Infrastructure. That bill
also authorized programs operated by the Maritime
Administration and the Federal Maritime Commission and would
cost about $24.4 billion over the 2012-2016 period, CBO
estimates. The CBO cost estimates reflect the different
provisions in those legislative proposals. In addition, CBO's
estimate for H.R. 2838 was completed before appropriations for
2012 were enacted. This estimate (for S. 1665) reflects such
appropriations.
Estimate prepared by: Federal Costs: Sarah Puro; Impact on
State, Local, and Tribal Governments: Ryan Miller; Impact on
the Private Sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
S. 1665 as reported by the Committee would authorize
appropriations to continue existing Coast Guard programs and
make a number of changes to current law. The bill would have
little, if any, regulatory impact.
ECONOMIC IMPACT
S. 1665 would enhance existing Coast Guard statutory
authorities and authorize funding and levels of military
strength and training in support of Coast Guard operations and
activities that positively impact the Nation's economy.
PRIVACY
The bill, as reported, is not expected to impact the personal
privacy of individuals.
PAPERWORK
The reported bill is not expected to result in increased
paperwork requirements for individuals or businesses.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides the
following identification of congressionally directed spending
items contained in the bill, as reported:
------------------------------------------------------------------------
Section Provision Member
------------------------------------------------------------------------
Sec. 603 Oil spill Senator
liability Begich
trust fund
investment
amount
------------------------------------------------------------------------
------------------------------------------------------------------------
Section-by-Section Analysis
Section 1. Short Title.
This section would provide that the legislation may be cited
as the ``Coast Guard Authorization Act for Fiscal Years 2012
and 2013''.
title i--authorization
Section 101. Authorization of Appropriations.
This section would authorize funds to be appropriated as
follows for FYs 2012 and 2013: $7.078 billion for operating
expenses for each FY; $1.421 billion for acquisition,
construction, and improvements (AC&I) for each FY; $19.8
million for research, development, test, and evaluation (RDT&E)
for each FY; $1.440 billion for retired pay for FY 2012 and
such sums as are required for FY 2013; $16 million for
alteration or removal of bridges for each FY; $16.7 million for
environmental compliance and restoration for each FY; and
$136.8 million for the reserve program for each FY.
Section 102. Authorized Levels of Military Strength and Training.
This section would authorize an end-of-year strength for
active duty personnel of 47,000 for FY 2012 and 49,350 for FY
2013. This section also would authorize average military
training student loads for FYs 2012 and 2013 as follows:
CHART 1
------------------------------------------------------------------------
FY 2012 FY 2013
Training Student Student
years years
------------------------------------------------------------------------
Recruit/Special............................... 2,500 2,625
Flight........................................ 165 173
Professional.................................. 350 368
Officer Acquisition........................... 1,200 1,260
------------------------------------------------------------------------
TITLE II--ORGANIZATION
Section 201. Coast Guard Authority to Operate and Maintain Coast Guard
Assets.
This section would amend section 93 of title 14, United
States Code, to mandate that all authority, including budget
authority, for the operation and maintenance of Coast Guard
vessels, aircraft, systems, aids to navigation, infrastructure,
and any other Coast Guard assets shall be allocated to the
Coast Guard and the department in which the Coast Guard is
operating.
Section 202. Clarification of Coast Guard Ice Operations Mission.
This section would amend chapter 5 of title 46, United States
Code, to mandate that the Coast Guard be the sole supplier of
icebreaking services, on an advancement or reimbursable basis,
to each Federal agency that requires icebreaking services. In
the event the Coast Guard is unable to provide these services,
a Federal agency would be permitted to acquire icebreaking
services from another entity. This section also amends section
110 of the Arctic Research and Policy Act of 1984 (15 U.S.C.
4109), and section 312 of the Antarctic Marine Living Resources
Convention Act of 1984 (16 U.S.C. 2441), to ensure that OMB and
DHS consider all statutory missions of the Coast Guard when
allocating funds for icebreaking operations.
TITLE III--PERSONNEL
Section 301. Acquisition Workforce Expedited Hiring Authority.
This section would amend the acquisition workforce expedited
hiring authority provided in section 404 of the Coast Guard
Authorization Act of 2010 (124 Stat. 2950), to clarify the term
``shortage category positions,'' make a technical correction
addressing the use of the term ``paragraph'' (vice
``section''), and extend the authority until 2015, consistent
with DOD authority.
Section 302. Officers Recommended for Promotion.
This section would make a technical correction to section 259
of title 14, United States Code, regarding the selection
process for officers recommended for promotion. The current law
requires boards to completely review and determine the status
of all selected and non-selected officers on the promotion list
before considering any for reordering, a cumbersome process
that advantages no one and creates the potential for
administrative or clerical errors. This section would permit
selection boards to both select officers for promotion and
``reorder'' them on the selection list at the same time.
Selection for promotion and reordering are complementary
processes; doing them concurrently is more efficient than doing
them sequentially. This section would also improve selection
board efficiency and reduce the potential for administrative
errors without compromising fairness for the considered
population.
Section 303. Original Appointment of Permanent Commissioned Officers.
This section would define the term ``original'' to eliminate
the need for Senate confirmation of an officer who leaves and
returns to the Coast Guard under the Temporary Separation
Program. When an officer returns to the Coast Guard under the
Temporary Separation Program, the officer's re-appointment does
not involve a promotion, and is therefore not ``original'' in
substance. Nonetheless, due to the fact that the term
``original'' is not defined in statute, the re-appointment is
submitted for Senate confirmation. To address this issue within
the other armed forces, Congress has defined the term
``original'' to mean the ``most recent appointment . . . that
is neither a promotion nor a demotion.'' (10 U.S.C.
101(b)(10)). This section would adopt a substantively identical
definition for the purposes of section 211 of title 14, United
States Code. This section also would ensure that members of the
Coast Guard are, for the purposes of disability determinations,
treated in the same manner as members of the other armed
forces.
Section 304. Academy Pay, Allowances, and Emoluments.
In the case of foreign nationals admitted to the U.S.
Military Academy, the U.S. Naval Academy, or the U.S. Air Force
Academy for instruction, the Academies are authorized to pay
for medical expenses and to recover the cost from the foreign
national's government (see 10 U.S.C. 4344(b), 6957(b),
9344(b)). The Coast Guard Academy, however, is not so
authorized and thus, must require foreign nationals to be
insured for health care costs. Currently, notwithstanding this
requirement, some foreign nationals matriculate at the Academy
without such insurance while others permit such insurance to
lapse during the course of study. Often, the Academy is unable
to resolve the issues satisfactorily before a cadet requires
medical care. To address this disparity, this section would
amend section 195 of title 14, United States Code, to permit
the Coast Guard Academy, like the other military academies, to
pay for medical costs of foreign nationals and recover the same
from the foreign nationals' governments. Additionally, it would
make minor conforming amendments to subsections (c) and (d) of
section 195 of title 14, United States Code, to provide
consistency in the use of the term ``foreign national''
throughout section 195 of title 14, United States Code.
Section 305. Academy Policy on Sexual Harassment and Sexual Violence.
This section would amend chapter 9 of title 14, United States
Code, with respect to the Coast Guard Academy policy on sexual
harassment and sexual violence to bring parity with the U.S.
Military Academy, the U.S. Naval Academy, and the U.S. Air
Force Academy. Sections 4361, 6980, and 9361 of title 10,
United States Code, establish identical policy, survey, and
reporting requirements for the U.S. Military Academy, the U.S.
Naval Academy, and the U.S. Air Force Academy, respectively,
with regard to Federal policy on sexual harassment and sexual
violence applicable to personnel at the military academies. On
the other hand, a repealed provision of law (National Defense
Authorization Act for Fiscal Year 2004, P.L. 108-136, 527,
117 Stat. 1392, 1468 (2003), repealed by John Warner National
Defense Authorization Act for Fiscal Year 2007, P.L. 109-364,
532(c), 120 Stat. 2205 (2006))--which established a like, but
not identical, policy, survey, and reporting requirement for
the U.S. Military Academy, the U.S. Naval Academy, and the U.S.
Air Force Academy served as the basis for the current policy,
survey, and reporting requirements for cadets and personnel of
the Coast Guard Academy. The requirements of sections 4361,
6980, and 9361 of title 10, United States Code, and those of
the repealed statute are not perfectly aligned. Moreover, the
manner in which the repealed provision of law is made
applicable creates ambiguities that frustrate the Coast Guard
Academy's ability to participate in the DOD-executed survey
process and harmonize the release of data. To address this
incongruence, this section would codify language that is
substantively identical to that of sections 4361, 6980, and
9361 of title 10, United States Code, as Federal policy on
sexual harassment and sexual violence applicable to Coast Guard
Academy personnel.
Section 306. Coast Guard Auxiliarists Enrollment Eligibility.
This section would amend section 823 of title 14, United
States Code, to establish parity with active duty Coast Guard
by permitting non-U.S. citizens who have been granted permanent
resident status to become members of the Coast Guard Auxiliary.
Currently, section 823 of title 14, United States Code, limits
membership in the Coast Guard Auxiliary to citizens of the
United States and its territories and possessions. Non-U.S.
citizens who have been granted permanent resident status are,
however, permitted to serve in the active duty Coast Guard.
TITLE IV--ADMINISTRATION
Section 401. Advance Procurement Funding.
This section would provide the Secretary of the department in
which the Coast Guard is operating advance procurement funding
authority in order to permit the acquisition of long lead time
items for the construction of Coast Guard vessels. This would
include: materials, parts, components, and effort for the
vessel; the advance construction of parts or components for the
vessel; the protection and storage of materials, parts, or
components for the vessel; and production planning, design, and
other related support services that reduce the overall
procurement lead time of the vessel.
Section 402. Multi-Year Procurement Authority for Coast Guard National
Security Cutters.
This section would provide the Secretary of the department in
which the Coast Guard is operating authority to enter into a
multi-year contract for the procurement of NSCs and Government-
furnished equipment associated with the NSC program as long as
the Secretary submits to Congress a certification that such a
contract will result in substantial savings of total
anticipated costs of carrying out the program through annual
contracts.
Section 403. Requirement to Maintain United States Polar Icebreaking
Capability.
This section would require the Secretary of the department in
which the Coast Guard is operating to acquire not less than two
polar icebreakers for the Coast Guard either through new
construction or by rebuilding existing assets. It would
authorize the appropriation of such sums as are necessary to
acquire, maintain, and operate the polar icebreakers. This
section would also prohibit the Commandant of the Coast Guard
from transferring, relinquishing ownership of, or recycling the
POLAR STAR or the POLAR SEA. Further, the Coast Guard would not
be allowed to expend any funds associated with the
decommissioning of either heavy icebreaker according to this
section.
Section 404. Forward Operating Facility.
This section would permit the Secretary of the department in
which the Coast Guard is operating to construct or lease a
hangar, a berthing, and messing facilities in the Aleutian
Island-Bering Sea operating area. The infrastructure in this
region is very limited and forward operating facilities with
the capabilities to support aircraft maintenance and provide
shelter for Coast Guard helicopters would help the Service
perform its missions in these remote areas.
Section 405. National Response Functions.
Section 311 of the Federal Water Pollution Control Act (33
U.S.C. 1321), provides for the establishment of a National
Response Unit (now commonly known as the National Strike Force
Coordination Center) and expressly requires that this unit be
located in Elizabeth City, North Carolina. The Coast Guard is
seeking the opportunity to gain efficiencies and cost savings
through distributing National Strike Force Coordination Center
personnel and functions throughout other elements of the Coast
Guard's Marine Environmental Response program. The limitations
of section 311 of that Act, however, do not permit the Coast
Guard to realize these efficiencies. This section would repeal
both the statutory references to the Unit and limitations as to
location while preserving the Secretary's related authority and
mandates. It would permit the assignment of national response
functions and staff to Marine Environmental Response program
elements throughout the Coast Guard.
Section 406. Conforming Amendment.
This section would repeal a prior study on icebreakers,
including a mandate on the operation and maintenance,
reimbursement, and authorization of appropriations.
TITLE V--SHIPPING AND NAVIGATION
Section 501. Designation of St. George Harbor as a Harbor of Refuge.
This section would require the Commandant of the Coast Guard
to consult with other appropriate Federal agencies, and with
State and local interests, to determine improvements necessary
to make the harbor at St. George, Alaska, a fully functional
harbor of refuge throughout the year. The consultation would be
required to be completed within one year of the date of
enactment of the Act.
Section 502. Protection and Fair Treatment of Seafarers.
This section would create a legal and fiscal remedy for two
intractable, often interrelated problems: humanitarian relief
for seafarers abandoned in the United States and support of
seafarers who are witnesses to maritime-related crimes. In both
instances, this section would allow the Secretary of the
department in which the Coast Guard operates to draw from a
special fund to pay necessary support for abandoned seafarers,
including seafarers who are witnesses in Coast Guard
investigations and subsequent proceedings. Under current law,
the Coast Guard has limited ability to assist abandoned
seafarers, including those whose testimony is necessary for an
investigation.
Section 503. Delegation of Authority.
This section would amend section 3316 of title 46, United
States Code, to eliminate a loophole in the law that allows the
foreign-based classification societies that represent the
United States to also represent the governments of countries
designated by the Secretary of State as a State Sponsor of
Terrorism. It would prohibit the Secretary of Homeland Security
and U.S. Coast Guard from delegating vessel inspection and
certification authority to a foreign-based classification
society that also provides these services to or on behalf of
the governments of countries designated by the Secretary of
State as a State Sponsor of Terrorism.
Section 504. Report on Establishment of Arctic Deep Water Port.
This section would require the Coast Guard to conduct a study
on the feasibility and potential of establishing a deep water
sea port in the Arctic to protect and advance U.S. strategic
interests within the Arctic region. The report of findings
shall be submitted to Congress not later than one year after
the date of enactment.
Section 505. Risk Analysis of Transporting Canadian Tar Sands.
This section would require the Commandant of the Coast Guard
to assess the increased vessel traffic in the Salish Sea
(including the Puget Sound, the Strait of Georgia, Haro Strait,
Rosario Strait, and the Strait of Juan de Fuca) that may occur
from the transport of Canadian tar sands oil. It would require
that this assessment include, at a minimum, certain specific
considerations, such as potential for increased tank barge and
tank vessel traffic, spill response capability in shared water
of the United States and Canada in the Salish Sea, vessel
emergency response towing capability at the Entrance to the
Strait of Juan de Fuca, tug escort requirements for laden tank
vessels, and a risk assessment of the increasing tank vessel
and tank barge traffic associated with Canadian tar sands
development. In conducting the required analysis, the
Commandant would be required to consult with affected State and
tribal governments, and would also be strongly encouraged to
consult with the Secretary of State. The Commandant would be
required to submit recommendations based on the analysis to
this Committee and the Committee on Transportation and
Infrastructure of the House of Representatives not later than
180 days after the date of enactment of this Act, and to
consider in those recommendations a full range of options to
manage any increased maritime traffic and minimize any
increased likelihood of an oil spill, including legislation,
rulemaking, and cooperative agreements for shared funding of
spill prevention and response systems.
TITLE VI--MISCELLANEOUS
Section 601. Conveyance of Decommissioned Coast Guard Cutter STORIS.
This section would authorize the conveyance of the
decommissioned Coast Guard Cutter STORIS to the Storis Museum
in Juneau, Alaska, provided: the museum agrees to use the
vessel as a historic memorial; the cutter is made available to
the public as a museum; the museum works cooperatively with
other museums to provide education and memorialize the maritime
heritage of the STORIS and other maritime activities in Alaska,
the Pacific Northwest, the Arctic Ocean, and adjacent oceans
and seas; the vessel is not used for commercial transportation
purposes; the vessel is made available to the Federal
Government if needed for use by the Commandant in time of war
or national emergency; the museum holds the Federal Government
harmless for any claims arising from exposure to hazardous
materials; and the museum agrees to any other conditions the
Commandant considers appropriate.
Section 602. Coast Guard Administrative Costs.
Although the Oil Pollution Act of 1990 (33 U.S.C. 2701 et
seq.), makes Oil Spill Liability Trust Fund (OSLTF) amounts
available to pay claims for damages without further
appropriation, the President's use of the OSLTF to process
claims is subject to annual appropriations that do not
contemplate surge requirements for major spills. Just as major
spills, such as the DEEPWATER HORIZON spill of national
significance, require extraordinary Federal oil removal efforts
and costs to meet public expectations of an effective clean-up,
such spills can generate similar public expectations of prompt
and effective compensation by responsible parties or by the
National Pollution Funds Center (NPFC) using the OSLTF. This
section would close this funding gap by making the amounts
available to pay the NPFC's administrative and personnel costs
to process claims.
Section 603. Oil Spill Liability Trust Fund Investment Amount.
This section would increase the principal amount of funds
that support the Oil Spill Recovery Institute (OSRI) by $12.851
million to account for reduced funding in recent years as a
result of low interest rates and inflation. The OSRI conducts
research and develops technologies to prevent and mitigate the
effects of oil spills, and has a unique capability to conduct
such research in Arctic and sub-Arctic regions. As hydrocarbon
resources are developed in these regions, new research will be
needed to mitigate potential spills in extreme cold water and
icy conditions.
Section 604. Dry Dock Operation.
This section would clarify that a vessel transported in Dry
Dock #2 (if, during such transportation, such dock remains
connected by a utility or other connecting line to shoreside
connections in Ketchikan, Alaska) is not ``merchandise'' for
the purposes of the coastwise trade requirements that apply to
vessels generally.
Section 605. Technical Amendments.
This section would make technical corrections to section
290(a) and section 740(d) of title 14, United States Code.
Section 606. Vessel Determinations.
This section would provide that the documented U.S. vessels
with official numbers 981472 and 988333 shall be deemed new
vessels following the completion of their major shipyard
reconstruction projects. The certificates of documentation
showing the ``new vessel'' status for those vessels may not be
issued until there are no encumbrances on record for those
vessels with the Coast Guard National Vessel Documentation
Center at the time of issuance. The vessels would retain their
official numbers of 981472 and 988333, and this section would
not change U.S. Coast Guard vessel safety and inspection
requirements applicable to each vessel prior to the enactment
of this section.
Section 607. Alteration of Bridge Obstructing Navigation.
This section would require the Commandant to certify to
Congress that the Coast Guard has commenced the interagency
administrative review of the pending proposal to alter the
obstruction to navigation of the Bayonne Bridge no later than
15 days after enactment. This section would also require the
Commandant to expedite this interagency administrative review
making use of all resources offered to the Coast Guard by the
bridge owner and be completed with this review no later than
December 31, 2011.
Section 608. Documentation of LNG Tankers.
This section would allow the issuance of certificate of
documentation with a coastwise endorsement to documented U.S.
vessels with official numbers 595752, 595753, and 595755. The
issuance of coastwise endorsement would be limited to carriage
of natural gas only.
Section 609. Notice of Arrival.
This section would clarify that notice of arrival regulations
promulgated pursuant to the Security and Accountability for
Every Port Act of 2006 (120 Stat. 1884), only apply to vessels
arriving from a foreign port.
Section 610. Homeporting of FSV HENRY B. BIGELOW.
This section would require the Administrator of the National
Oceanic and Atmospheric Administration (NOAA) to make a final
decision with respect to the homeport for the FSV HENRY B.
BIGELOW not later than 180 days of the date of enactment of the
Act. This section would direct the agency to give special
consideration to specific factors as a part of its decision
making process. It also would require the Administrator of NOAA
to notify Congress of his/her proposed final decision, and the
rationale upon which that proposed decision is based, no later
than 45 days before implementing the final decision. Finally,
this provision would require the Administrator of NOAA to
submit a report to Congress on the progress in making the final
decision no later than 30 days after the date of enactment.
Section 611. Higher Volume Port Area Regulatory Definition Change.
This section would amend subsection (a) of section 710 of the
Coast Guard Authorization Act of 2010 (124 Stat. 2986), which
changed the regulatory definition of ``higher volume port
area'' for Puget Sound to establish its westerly boundary at
the entrance to the Strait of Juan de Fuca, in order to
expedite that definitional change. Under this section, the
change in definition would take effect on July 1, 2012.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, 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 material is printed
in italic, existing law in which no change is proposed is shown
in roman):
ARCTIC RESEARCH AND POLICY ACT OF 1984
SEC. 110. COORDINATION AND REVIEW OF BUDGET REQUESTS; OFFICE OF SCIENCE
AND TECHNOLOGY POLICY; OFFICE OF MANAGEMENT AND
BUDGET.
[15 U.S.C. 4109]
(a) The Office of Science and Technology Policy shall--
(1) review all agency and department budget requests
related to the Arctic transmitted pursuant to section
108(a)(5), in accordance with the national Arctic
research policy and the 5-year program under section
108(a)(2) and section 109, respectively; and
(2) consult closely with the Interagency Committee
and the Commission to guide the Office of Science and
Technology Policy's efforts.
(b)(1) The Office of Management and Budget shall consider all
Federal agency requests for research related to the Arctic as
one integrated, coherent, and multiagency request which shall
be reviewed by the Office of Management and Budget prior to
submission of the President's annual budget request for its
adherence to the Plan. The Commission shall, after submission
of the President's annual budget request, review the request
and report to Congress on adherence to the Plan.
(2) The Office of Management and Budget shall seek to
facilitate planning for the design, procurement,
maintenance, deployment, and operations of icebreakers
needed to execute the statutory missions of the Coast
Guard and to provide a platform for Arctic research by
allocating all funds necessary to support icebreaking
operations, except for recurring incremental costs
associated with specific projects, and all budget
authority related to such operations to the Coast
Guard.
ANTARCTIC MARINE LIVING RESOURCES CONVENTION ACT OF 1984
SEC. 312. FEDERAL AGENCY COOPERATION.
[16 U.S.C. 2441]
* * * * * * *
(c) Icebreaking.--The Department of Homeland Security shall
facilitate planning for the design, procurement, maintenance,
deployment, and operation of icebreakers needed to execute the
statutory missions of the Coast Guard and to provide a platform
for Antarctic research. All funds necessary to support
icebreaking operations, except for recurring incremental costs
associated with specific projects, shall be allocated to the
United States Coast Guard.
COAST GUARD AUTHORIZATION ACT OF 2010
SEC. 404. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.
[124 Stat. 2950]
(a) In General.--For purposes of sections 3304, 5333, and
5753 of title 5, United States Code, the Commandant of the
Coast Guard may--
(1) designate any category of acquisition positions
within the Coast Guard [as shortage category positions]
as positions for which there is a shortage of
candidates or a critical hiring need; and
(2) use the authorities in such sections to recruit
and appoint highly qualified persons directly to
positions so designated.
(b) Limitation.--The Commandant may not appoint a person to a
position of employment under this [paragraph] section after
September 30, [2012] 2015.
(c) Reports.--The Commandant shall include in reports under
section 562(d) of title 14, United States Code, as added by
this title, information described in that section regarding
positions designated under this section.
SEC. 710. HIGHER VOLUME PORT AREA REGULATORY DEFINITION CHANGE.
[124 Stat. 2986]
[(a) In General.--Within 1 year after the date of enactment
of this Act, the Commandant shall initiate a rulemaking
proceeding to modify the definition of the term ``higher volume
port area'' in section 155.1020 of the Coast Guard regulations
(33 C.F.R. 155.1020) by striking ``Port Angeles, WA'' in
paragraph (13) of that section and inserting ``Cape Flattery,
WA''.]
(a) Higher Volume Ports.--
(1) In general.--Notwithstanding any other provision
of law, the requirements of subparts D, F, and G of
part 155 of title 33, Code of Federal Regulations, that
apply to the higher volume port area for the Strait of
Juan de Fuca at Port Angeles, Washington (including any
water area within 50 nautical miles seaward), to and
including Puget Sound, shall be deemed to apply, in the
same manner, and to the same extent, to the Strait of
Juan de Fuca at Cape Flattery, Washington (including
any water area within 50 nautical miles seaward), to
and including Puget Sound.
(2) Effective date.--This subsection shall take
effect on July 1, 2012.
(b) Vessel Response Plan Reviews.--Within 5 years after the
date of enactment of this Act, the Coast Guard shall complete
its review of any changes to vessel response plans under the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.)
resulting from [the modification of the higher volume port area
definition required by subsection (a)] higher volume port
requirements made applicable under subsection (a).
FEDERAL WATER POLLUTION CONTROL ACT
SEC. 311. OIL AND HAZARDOUS SUBSTANCES LIABILITY.
[33 U.S.C. 1321]
(a) Definitions.--For the purpose of this section, the term--
(1) ``oil'' means oil of any kind or in any form,
including, but not limited to, petroleum, fuel oil,
sludge, oil refuse, and oil mixed with wastes other
than dredged spoil;
(2) ``discharge'' includes, but is not limited to,
any spilling, leaking, pumping, pouring, emitting,
emptying or dumping, but excludes (A) discharges in
compliance with a permit under section 402 of this Act,
(B) discharges resulting from circumstances identified
and reviewed and made a part of the public record with
respect to a permit issued or modified under section
402 of this Act, and subject to a condition in such
permit,[,] (C) continuous or anticipated intermittent
discharges from a point source, identified in a permit
or permit application under section 402 of this Act,
which are caused by events occurring within the scope
of relevant operating or treatment systems, and (D)
discharges incidental to mechanical removal authorized
by the President under subsection (c) of this section;
(3) ``vessel'' means every description of watercraft
or other artificial contrivance used, or capable of
being used, as a means of transportation on water other
than a public vessel;
(4) ``public vessel'' means a vessel owned or
bareboat chartered and operated by the United States,
or by a State or political subdivision thereof, or by a
foreign nation, except when such vessel is engaged in
commerce;
(5) ``United States'' means the States, the District
of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, Guam,
American Samoa, the Virgin Islands, and the Trust
Territory of the Pacific Islands;
(6) ``owner or operator'' means (A) in the case of a
vessel, any person owning, operating, or chartering by
demise, such vessel, and (B) in the case of an onshore
facility, and an offshore facility, any person owning
or operating such onshore facility or offshore
facility, and (C) in the case of any abandoned offshore
facility, the person who owned or operated such
facility immediately prior to such abandonment;
(7) ``person'' includes an individual, firm,
corporation, association, and a partnership;
(8) ``remove'' or ``removal'' refers to containment
and removal of the oil or hazardous substances from the
water and shorelines or the taking of such other
actions as may be necessary to prevent, minimize, or
mitigate damage to the public health or welfare,
including, but not limited to, fish, shellfish,
wildlife, and public and private property, shorelines
and beaches;
(9) ``contiguous zone'' means the entire zone
established or to be established by the United States
under article 24 of the Convention on the Territorial
Sea and the Contiguous Zone;
(10) ``onshore facility'' means any facility
(including, but not limited to, motor vehicles and
rolling stock) of any kind located in, on, or under,
any land within the United States other than submerged
land;
(11) ``offshore facility'' means any facility of any
kind located in, on, or under, any of the navigable
waters of the United States, and any facility of any
kind which is subject to the jurisdiction of the United
States and is located in, on, or under any other
waters, other than a vessel or a public vessel;
(12) ``act of God'' means an act occasioned by an
unanticipated grave natural disaster;
(13) ``barrel'' means 42 United States gallons at 60
degrees Fahrenheit;
(14) ``hazardous substance'' means any substance
designated pursuant to subsection (b)(2) of this
section;
(15) ``inland oil barge'' means a non-self-propelled
vessel carrying oil in bulk as cargo and certificated
to operate only in the inland waters of the United
States, while operating in such waters;
(16) ``inland waters of the United States'' means
those waters of the United States lying inside the
baseline from which the territorial sea is measured and
those waters outside such baseline which are a part of
the Gulf Intracoastal Waterway;
(17) ``otherwise subject to the jurisdiction of the
United States'' means subject to the jurisdiction of
the United States by virtue of United States
citizenship, United States vessel documentation or
numbering, or as provided for by international
agreement to which the United States is a party;
(18) ``Area Committee'' means an Area Committee
established under subsection (j);
(19) ``Area Contingency Plan'' means an Area
Contingency Plan prepared under subsection (j);
(20) ``Coast Guard District Response Group'' means a
Coast Guard District Response Group established under
subsection (j);
(21) ``Federal On-Scene Coordinator'' means a Federal
On-Scene Coordinator designated in the National
Contingency Plan;
(22) ``National Contingency Plan'' means the National
Contingency Plan prepared and published under
subsection (d);
[(23) ``National Response Unit'' means the National
Response Unit established under subsection (j);]
[(24)] (23) ``worst case discharge'' means--
(A) in the case of a vessel, a discharge in
adverse weather conditions of its entire cargo;
and
(B) in the case of an offshore facility or
onshore facility, the largest foreseeable
discharge in adverse weather conditions;
[(25)] (24) ``removal costs'' means--
(A) the costs of removal of oil or a
hazardous substance that are incurred after it
is discharged; and
(B) in any case in which there is a
substantial threat of a discharge of oil or a
hazardous substance, the costs to prevent,
minimize, or mitigate that threat; and
[(26)] (25) ``nontank vessel'' means a self-propelled
vessel that--
(A) is at least 400 gross tons as measured
under section 14302 of title 46, United States
Code, or, for vessels not measured under that
section, as measured under section 14502 of
that title;
(B) is not a tank vessel;
(C) carries oil of any kind as fuel for main
propulsion; and
(D) operates on the navigable waters of the
United States, as defined in section 2101(17a)
of that title.
* * * * * * *
(j) National Response System.--
(1) In general.--Consistent with the National
Contingency Plan required by subsection (c)(2) of this
section, as soon as practicable after the effective
date of this section, and from time to time thereafter,
the President shall issue regulations consistent with
maritime safety and with marine and navigation laws (A)
establishing methods and procedures for removal of
discharged oil and hazardous substances, (B)
establishing criteria for the development and
implementation of local and regional oil and hazardous
substance removal contingency plans, (C) establishing
procedures, methods, and equipment and other
requirements for equipment to prevent discharges of oil
and hazardous substances from vessels and from onshore
facilities and offshore facilities, and to contain such
discharges, and (D) governing the inspection of vessels
carrying cargoes of oil and hazardous substances and
the inspection of such cargoes in order to reduce the
likelihood of discharges of oil from vessels in
violation of this section.
(2) [National Response Unit.--The Secretary of the
department in which the Coast Guard is operating shall
establish a National Response Unit at Elizabeth City,
North Carolina. The Secretary, acting through the
National Response Unit]National response functions._The
Secretary of the department in which the Coast Guard is
operating--
(A) shall compile and maintain a
comprehensive computer list of spill removal
resources, personnel, and equipment that is
available worldwide and within the areas
designated by the President pursuant to
paragraph (4), and of information regarding
previous spills, including data from
universities, research institutions, State
governments, and other nations, as appropriate,
which shall be disseminated as appropriate to
response groups and area committees, and which
shall be available to Federal and State
agencies and the public;
(B) shall provide technical assistance,
equipment, and other resources requested by a
Federal On-Scene Coordinator;
(C) shall coordinate use of private and
public personnel and equipment to remove a
worst case discharge, and to mitigate or
prevent a substantial threat of such a
discharge, from a vessel, offshore facility, or
onshore facility operating in or near an area
designated by the President pursuant to
paragraph (4);
(D) may provide technical assistance in the
preparation of Area Contingency Plans required
under paragraph (4);
(E) shall administer Coast Guard strike teams
established under the National Contingency
Plan;
(F) shall maintain on file all Area
Contingency Plans approved by the President
under this subsection; and
(G) shall review each of those plans that
affects its responsibilities under this
subsection.
(3) Coast Guard District Response Groups.
(A) The Secretary of the department in which
the Coast Guard is operating shall establish in
each Coast Guard district a Coast Guard
District Response Group.
(B) Each Coast Guard District Response Group
shall consist of--
(i) the Coast Guard personnel and
equipment, including firefighting
equipment, of each port within the
district;
(ii) additional prepositioned
equipment; and
(iii) a district response advisory
staff.
(C) Coast Guard district response groups--
(i) shall provide technical
assistance, equipment, and other
resources when required by a Federal
On-Scene Coordinator;
(ii) shall maintain all Coast Guard
response equipment within its district;
(iii) may provide technical
assistance in the preparation of Area
Contingency Plans required under
paragraph (4); and
(iv) shall review each of those plans
that affect its area of geographic
responsibility.
(4) Area committees and area contingency plans.--
(A) There is established for each area
designated by the President an Area Committee
comprised of members appointed by the President
from qualified personnel of Federal, State, and
local agencies.
(B) Each Area Committee, under the direction
of the Federal On-Scene Coordinator for its
area, shall--
(i) prepare for its area the Area
Contingency Plan required under
subparagraph (C);
(ii) work with State and local
officials to enhance the contingency
planning of those officials and to
assure preplanning of joint response
efforts, including appropriate
procedures for mechanical recovery,
dispersal, shoreline cleanup,
protection of sensitive environmental
areas, and protection, rescue, and
rehabilitation of fisheries and
wildlife; and
(iii) work with State and local
officials to expedite decisions for the
use of dispersants and other mitigating
substances and devices.
(C) Each Area Committee shall prepare and
submit to the President for approval an Area
Contingency Plan for its area. The Area
Contingency Plan shall--
(i) when implemented in conjunction
with the National Contingency Plan, be
adequate to remove a worst case
discharge, and to mitigate or prevent a
substantial threat of such a discharge,
from a vessel, offshore facility, or
onshore facility operating in or near
the area;
(ii) describe the area covered by the
plan, including the areas of special
economic or environmental importance
that might be damaged by a discharge;
(iii) describe in detail the
responsibilities of an owner or
operator and of Federal, State, and
local agencies in removing a discharge,
and in mitigating or preventing a
substantial threat of a discharge;
(iv) list the equipment (including
firefighting equipment), dispersants or
other mitigating substances and
devices, and personnel available to an
owner or operator and Federal, State,
and local agencies, to ensure an
effective and immediate removal of a
discharge, and to ensure mitigation or
prevention of a substantial threat of a
discharge;
(v) compile a list of local
scientists, both inside and outside
Federal Government service, with
expertise in the environmental effects
of spills of the types of oil typically
transported in the area, who may be
contacted to provide information or,
where appropriate, participate in
meetings of the scientific support team
convened in response to a spill, and
describe the procedures to be followed
for obtaining an expedited decision
regarding the use of dispersants;
(vi) describe in detail how the plan
is integrated into other Area
Contingency Plans and vessel, offshore
facility, and onshore facility response
plans approved under this subsection[,
and into operating procedures of the
National Response Unit];
(vii) include any other information
the President requires; and
(viii) be updated periodically by the
Area Committee.
(D) The President shall--
(i) review and approve Area
Contingency Plans under this paragraph;
and
(ii) periodically review Area
Contingency Plans so approved.
(5) Tank vessel, nontank vessel, and facility
response plans.--
(A) (i) The President shall issue regulations
which require an owner or operator of a tank
vessel or facility described in subparagraph
(C) to prepare and submit to the President a
plan for responding, to the maximum extent
practicable, to a worst case discharge, and to
a substantial threat of such a discharge, of
oil or a hazardous substance.
(ii) The President shall also issue
regulations which require an owner or
operator of a nontank vessel to prepare
and submit to the President a plan for
responding, to the maximum extent
practicable, to a worst case discharge,
and to a substantial threat of such a
discharge, of oil.
(B) The Secretary of the Department in which
the Coast Guard is operating may issue
regulations which require an owner or operator
of a tank vessel, a nontank vessel, or a
facility described in subparagraph (C) that
transfers noxious liquid substances in bulk to
or from a vessel to prepare and submit to the
Secretary a plan for responding, to the maximum
extent practicable, to a worst case discharge,
and to a substantial threat of such a
discharge, of a noxious liquid substance that
is not designated as a hazardous substance or
regulated as oil in any other law or
regulation. For purposes of this paragraph, the
term ``noxious liquid substance'' has the same
meaning when that term is used in the MARPOL
Protocol described in section 2(a)(3) of the
Act to Prevent Pollution from Ships (33 U.S.C.
1901(a)(3)).
(C) The tank vessels, nontank vessels, and
facilities referred to in subparagraphs (A) and
(B) are the following:
(i) A tank vessel, as defined under
section 2101 of title 46, United States
Code.
(ii) A nontank vessel.
(iii) An offshore facility.
(iv) An onshore facility that,
because of its location, could
reasonably be expected to cause
substantial harm to the environment by
discharging into or on the navigable
waters, adjoining shorelines, or the
exclusive economic zone.
(D) A response plan required under this
paragraph shall--
(i) be consistent with the
requirements of the National
Contingency Plan and Area Contingency
Plans;
(ii) identify the qualified
individual having full authority to
implement removal actions, and require
immediate communications between that
individual and the appropriate Federal
official and the persons providing
personnel and equipment pursuant to
clause (iii);
(iii) identify, and ensure by
contract or other means approved by the
President the availability of, private
personnel and equipment necessary to
remove to the maximum extent
practicable a worst case discharge
(including a discharge resulting from
fire or explosion), and to mitigate or
prevent a substantial threat of such a
discharge;
(iv) describe the training, equipment
testing, periodic unannounced drills,
and response actions of persons on the
vessel or at the facility, to be
carried out under the plan to ensure
the safety of the vessel or facility
and to mitigate or prevent the
discharge, or the substantial threat of
a discharge;
(v) be updated periodically; and
(vi) be resubmitted for approval of
each significant change.
(E) With respect to any response plan
submitted under this paragraph for an onshore
facility that, because of its location, could
reasonably be expected to cause significant and
substantial harm to the environment by
discharging into or on the navigable waters or
adjoining shorelines or the exclusive economic
zone, and with respect to each response plan
submitted under this paragraph for a tank
vessel, nontank vessel, or offshore facility,
the President shall--
(i) promptly review such response
plan;
(ii) require amendments to any plan
that does not meet the requirements of
this paragraph;
(iii) approve any plan that meets the
requirements of this paragraph;
(iv) review each plan periodically
thereafter; and
(v) in the case of a plan for a
nontank vessel, consider any applicable
State-mandated response plan in effect
on the date of the enactment of the
Coast Guard and Maritime Transportation
Act of 2004 and ensure consistency to
the extent practicable.
(F) A tank vessel, nontank vessel, offshore
facility, or onshore facility required to
prepare a response plan under this subsection
may not handle, store, or transport oil
unless--
(i) in the case of a tank vessel,
nontank vessel, offshore facility, or
onshore facility for which a response
plan is reviewed by the President under
subparagraph (E), the plan has been
approved by the President; and
(ii) the vessel or facility is
operating in compliance with the plan.
(G) Notwithstanding subparagraph (E), the
President may authorize a tank vessel, nontank
vessel, offshore facility, or onshore facility
to operate without a response plan approved
under this paragraph, until not later than 2
years after the date of the submission to the
President of a plan for the tank vessel,
nontank vessel, or facility, if the owner or
operator certifies that the owner or operator
has ensured by contract or other means approved
by the President the availability of private
personnel and equipment necessary to respond,
to the maximum extent practicable, to a worst
case discharge or a substantial threat of such
a discharge.
(H) The owner or operator of a tank vessel,
nontank vessel, offshore facility, or onshore
facility may not claim as a defense to
liability under title I of the Oil Pollution
Act of 1990 that the owner or operator was
acting in accordance with an approved response
plan.
(I) The Secretary shall maintain, in the
Vessel Identification System established under
chapter 125 of title 46, United States Code,
the dates of approval and review of a response
plan under this paragraph for each tank vessel
and nontank vessel that is a vessel of the
United States.
(6) Equipment requirements and inspection.--The
President may require--
(A) periodic inspection of containment booms,
skimmers, vessels, and other major equipment
used to remove discharges; and
(B) vessels operating on navigable waters and
carrying oil or a hazardous substance in bulk
as cargo, and nontank vessels carrying oil of
any kind as fuel for main propulsion, to carry
appropriate removal equipment that employs the
best technology economically feasible and that
is compatible with the safe operation of the
vessel.
(7) Area drills.--The President shall periodically
conduct drills of removal capability, without prior
notice, in areas for which Area Contingency Plans are
required under this subsection and under relevant tank
vessel, nontank vessel, and facility response plans.
The drills may include participation by Federal, State,
and local agencies, the owners and operators of vessels
and facilities in the area, and private industry. The
President may publish annual reports on these drills,
including assessments of the effectiveness of the plans
and a list of amendments made to improve plans.
(8) United States Government not liable.--The United
States Government is not liable for any damages arising
from its actions or omissions relating to any response
plan required by this section.
OIL POLLUTION ACT OF 1990
* * * * * * *
SEC. 1012. USES OF THE FUND.
[33 U.S.C. 2712]
(a) Uses Generally.--The Fund shall be available to the
President for--
(1) the payment of removal costs, including the costs
of monitoring removal actions, determined by the
President to be consistent with the National
Contingency Plan--
(A) by Federal authorities; or
(B) by a Governor or designated State
official under subsection (d);
(2) the payment of costs incurred by Federal, State,
or Indian tribe trustees in carrying out their
functions under section 1006 for assessing natural
resource damages and for developing and implementing
plans for the restoration, rehabilitation, replacement,
or acquisition of the equivalent of damaged resources
determined by the President to be consistent with the
National Contingency Plan;
(3) the payment of removal costs determined by the
President to be consistent with the National
Contingency Plan as a result of, and damages resulting
from, a discharge, or a substantial threat of a
discharge, of oil from a foreign offshore unit;
(4) the payment of claims in accordance with section
1013 for uncompensated removal costs determined by the
President to be consistent with the National
Contingency Plan or uncompensated [damages] damages,
including the cost of commercial claims processing,
expert services, training, technical services, and
other administrative and personnel costs to process
claims;
(5) the payment of Federal administrative,
operational, and personnel costs and expenses
reasonably necessary for and incidental to the
implementation, administration, and enforcement of this
Act (including, but not limited to, sections
1004(d)(2), 1006(e), 4107, 4110, 4111, 4112, 4117,
5006, 8103, and title VII) and subsections (b), (c),
(d), (j), and (l) of section 311 of the Federal Water
Pollution Control Act (33 U.S.C. 1321), as amended by
this Act, with respect to prevention, removal, and
enforcement related to oil discharges, provided that--
(A) not more than $25,000,000 in each fiscal
year shall be available to the Secretary for
operating expenses incurred by the Coast Guard;
(B) not more than $15,000,000 in each fiscal
year shall be available to the Under Secretary
of Commerce for Oceans and Atmosphere for
expenses incurred by, and activities related
to, response and damage assessment capabilities
of the National Oceanic and Atmospheric
Administration;
(C) not more than $30,000,000 each year
through the end of fiscal year 1992 shall be
available to establish the National Response
System under section 311(j) of the Federal
Water Pollution Control Act, as amended by this
Act, including the purchase and prepositioning
of oil spill removal equipment; and
(D) not more than $27,250,000 in each fiscal
year shall be available to carry out title VII
of this Act; and
(6) the making of loans pursuant to the program
established under section 1013(f).
* * * * * * *
SEC. 4202. NATIONAL PLANNING AND RESPONSE SYSTEM.
[33 U.S.C. 1321 note]
* * * * * * *
(b) Implementation.--
(1) Area committees and contingency plans.--
(A) Not later than 6 months after the date of
the enactment of this Act, the President shall
designate the areas for which Area Committees
are established under section 311(j)(4) of the
Federal Water Pollution Control Act, as amended
by this Act. In designating such areas, the
President shall ensure that all navigable
waters, adjoining shorelines, and waters of the
exclusive economic zone are subject to an Area
Contingency Plan under that section.
(B) Not later than 18 months after the date
of the enactment of this Act, each Area
Committee established under that section shall
submit to the President the Area Contingency
Plan required under that section.
(C) Not later than 24 months after the date
of the enactment of this Act, the President
shall--
(i) promptly review each plan;
(ii) require amendments to any plan
that does not meet the requirements of
section 311(j)(4) of the Federal Water
Pollution Control Act; and
(iii) approve each plan that meets
the requirements of that section.
[(2) National Response Unit.--Not later than one 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 National Response Unit in
accordance with section 311(j)(2) of the Federal Water
Pollution Control Act, as amended by this Act.]
[(3)] (2) Coast Guard district response groups.--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 Coast Guard
District Response Groups in accordance with section
311(j)(3) of the Federal Water Pollution Control Act,
as amended by this Act.
[(4)] (3) Tank vessel and facility response plans;
transition provision; effective date of prohibition.--
(A) Not later than 24 months after the date
of the enactment of this Act, the President
shall issue regulations for tank vessel and
facility response plans under section 311(j)(5)
of the Federal Water Pollution Control Act, as
amended by this Act.
(B) During the period beginning 30 months
after the date of the enactment of this
paragraph and ending 36 months after that date
of enactment, a tank vessel or facility for
which a response plan is required to be
prepared under section 311(j)(5) of the Federal
Water Pollution Control Act, as amended by this
Act, may not handle, store, or transport oil
unless the owner or operator thereof has
submitted such a plan to the President.
(C) Subparagraph (E) of section 311(j)(5) of
the Federal Water Pollution Control Act, as
amended by this Act, shall take effect 36
months after the date of the enactment of this
Act.
* * * * * * *
COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2006
[SEC. 210. ICEBREAKERS.
[14 U.S.C. 93 note]
[(a) Operation and Maintenance Plan.--Not later than 90 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 plan--
[(1) for operation and maintenance after fiscal year
2006 of the Coast Guard polar icebreakers POLAR STAR,
POLAR SEA, and HEALY, that does not rely on the
transfer of funds to the Coast Guard by any other
Federal agency; and
[(2) for the long-term recapitalization of these
assets.
[(b) Necessary Measures.--The Secretary shall take all
necessary measures to ensure that the Coast Guard maintains, at
a minimum, its current vessel capacity for carrying out ice
breaking in the Arctic and Antarctic, Great Lakes, and New
England regions, including the necessary funding for operation
and maintenance of such vessels, until it has implemented the
long-term recapitalization of the Coast Guard polar icebreakers
POLAR STAR, POLAR SEA, and HEALY in accordance with the plan
submitted under subsection (a).
[(c) Reimbursement.--Nothing in this section shall preclude
the Secretary from seeking reimbursement for operation and
maintenance costs of such polar icebreakers from other Federal
agencies and entities, including foreign countries, that
benefit from the use of the icebreakers.
[(d) Authorization of Appropriations.--There is authorized to
be appropriated for fiscal year 2006 to the Secretary of the
department in which the Coast Guard is operating $100,000,000
to carry out this section with respect to the polar icebreakers
referred to in subsection (a).]
TITLE 14. COAST GUARD
PART I. REGULAR COAST GUARD
CHAPTER 5. FUNCTIONS AND POWERS
87. Provision of icebreaking services
(a) In General.--Notwithstanding any other provision of law,
except as provided in subsection (b), the Coast Guard shall be
the sole supplier of icebreaking services, on an advancement or
reimbursable basis, to each Federal agency that requires
icebreaking services.
(b) Exception.--In the event that a Federal agency requires
icebreaking services and the Coast Guard is unable to provide
the services, the Federal agency may acquire icebreaking
services from another entity.
TITLE 14. COAST GUARD
PART I. REGULAR COAST GUARD
CHAPTER 5. FUNCTIONS AND POWERS
93. Commandant; general powers
* * * * * * *
(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, aides to navigation,
infrastructure, and any other Coast Guard assets or facilities,
shall be allocated to and vested in the Coast Guard and the
department in which the Coast Guard is operating.
TITLE 14. COAST GUARD
PART I. REGULAR COAST GUARD
CHAPTER 9. COAST GUARD ACADEMY
195. Admission of foreign nationals for instruction; restrictions;
conditions
(a) A foreign national may not receive instruction at the
Academy except as authorized by this section.
(b) The President may designate not more than 36 foreign
nationals whom the Secretary may permit to receive instruction
at the Academy.
(c) A [person] foreign national receiving instruction under
this section is entitled to the same [pay and allowances] pay,
allowances, and emoluments, to be paid from the same
appropriations, as a cadet appointed pursuant to section 182 of
this title. A [person] foreign national may receive instruction
under this section only if his country agrees in advance to
reimburse the United States, at a rate determined by the
Secretary, for the cost of providing such instruction,
including [pay and allowances] pay, allowances, and emoluments,
unless a waiver therefrom has been granted to that country by
the Secretary. Funds received by the Secretary for this purpose
shall be credited to the appropriations bearing the cost
thereof, and may be apportioned between fiscal years.
(d) A [person] foreign national receiving instruction under
this section is--
(1) not entitled to any appointment in the Coast
Guard by reason of his graduation from the Academy; and
(2) subject to those regulations applicable to the
Academy governing admission, attendance, discipline,
resignation, discharge, dismissal, and graduation,
except as may otherwise be prescribed by the Secretary.
* * * * * * *
200. Policy on sexual harassment and sexual violence
(a) Required Policy.--The Commandant shall direct the
Superintendent of the Academy to prescribe a policy on sexual
harassment and sexual violence. The policy shall apply to each
member of the Coast Guard Academy personnel. For purposes of
this section, the term ``Coast Guard Academy personnel''
includes cadets.
(b) Policy Specifications.--The policy under subsection (a)
shall include--
(1) programs to promote awareness of the incidence of
rape, acquaintance rape, and other sexual offenses of a
criminal nature on and off the Academy reservation;
(2) the procedure that a victim of sexual harassment
or sexual violence on or off the Academy reservation
shall follow if the victim chooses to report the sexual
harassment or sexual violence, including--
(A) how to report the alleged sexual
harassment or sexual violence, including--
(i) the name and contact information
of each person that the victim must
contact; and
(ii) an option for confidential
reporting;
(B) the name and contact information of each
person that the victim can contact for
assistance; and
(C) how to preserve evidence;
(3) the procedure for disciplinary action against a
member of the Coast Guard Academy personnel who commits
sexual harassment or sexual violence;
(4) any other authorized sanctions against a member
of the Coast Guard Academy personnel who commits sexual
harassment or sexual violence; and
(5) required training on the policy for each member
of the Coast Guard Academy personnel, including a
specific training requirement for each member of the
Coast Guard Academy personnel who process allegations
of sexual harassment or sexual violence.
(c) Assessment.--
(1) In general.--The Commandant shall direct the
Superintendent of the Academy to conduct an assessment
during each Academy program year to determine the
effectiveness of the policy under subsection (a).
(2) Biennial survey.--Each assessment under paragraph
(1) that is conducted during an odd-numbered program
year shall include a survey of Coast Guard Academy
personnel. The survey shall--
(A) measure--
(i) the incidence, during that
program year, of sexual harassment and
sexual violence, on or off the Academy
reservation, that were reported under
subsection (b)(2); and
(ii) the incidence, during that
program year, of sexual harassment and
sexual violence, on or off the Academy
reservation, that were not reported
under subsection (b)(2); and
(B) assess the perceptions of Coast Guard
Academy personnel regarding--
(i) the policy, training, and
procedures on sexual harassment and
sexual violence;
(ii) the enforcement of the policy;
(iii) the incidence of sexual
harassment and sexual violence
involving Coast Guard Academy
personnel; and
(iv) any other issues relating to
sexual harassment and sexual violence
involving Coast Guard Academy
personnel, that the Superintendent of
the Academy considers relevant.
(d) Report.--
(1) In general.--The Commandant shall direct the
Superintendent of the Academy to submit a report to the
Commandant each Academy program year on sexual
harassment and sexual violence involving a member of
the Coast Guard Academy personnel that year.
(2) Report specifications.--A report under paragraph
(1) shall include--
(A) the number of reported incidents of
sexual violence, on or off the Academy
reservation, involving a member of the Coast
Guard Academy, categorized by the type of
offence, such as rape and sexual assault;
(B) the number of reported incidents under
subparagraph (A) that were substantiated;
(C) any updates to the policy, training, or
procedures on sexual harassment and sexual
violence under this section during the Academy
program year; and
(D) a plan detailing the action that will be
taken during the subsequent Academy program
year to respond to and prevent sexual
harassment and sexual violence, on or off the
Academy reservation, involving a member of the
Coast Guard Academy.
(3) Biennial survey.--Each report under paragraph (1)
that is submitted during an odd-numbered program year
shall include the results of the survey under
subsection (c)(2).
(4) Transmission of report.--Not later than 90 days
after the date of receipt of a report under paragraph
(1), the Commandant shall transmit a copy of the report
and the Commandant's comments on the report to the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
TITLE 14. COAST GUARD
PART I. REGULAR COAST GUARD
CHAPTER 11. PERSONNEL
OFFICERS
A. APPOINTMENTS
211. Original appointment of permanent commissioned officers
(a) (1) The President may appoint permanent commissioned
officers in the Regular Coast Guard in grades appropriate to
their qualification, experience, and length of service, as the
needs of the Coast Guard may require, from among the following
categories:
(A) Graduates of the Coast Guard Academy.
(B) Commissioned warrant officers, warrant
officers, and enlisted members of the Regular
Coast Guard.
(C) Members of the Coast Guard Reserve who
have served at least 2 years as such.
(D) Licensed officers of the United States
merchant marine who have served 2 or more years
aboard a vessel of the United States in the
capacity of a licensed officer.
(2) Original appointments under this section in the
grades of lieutenant commander and above shall be made
by the President by and with the advice and consent of
the Senate.
(3) Original appointments under this section in the
grades of ensign through lieutenant shall be made by
the President alone.
(b) No person shall be appointed a commissioned officer under
this section until his mental, moral, physical, and
professional fitness to perform the duties of a commissioned
officer has been established under such regulations as the
Secretary shall prescribe.
(c) Appointees under this section shall take precedence in
the grade to which appointed in accordance with the dates of
their commissions as commissioned officers in such grade.
Appointees whose dates of commission are the same shall take
precedence with each other as the Secretary shall determine.
(d) For purposes of this section, the term ``original'' with
respect to the appointment of a member of the Coast Guard
refers to the member's most recent appointment in the Coast
Guard that is neither a promotion nor a demotion.
TITLE 14. COAST GUARD
PART I. REGULAR COAST GUARD
CHAPTER 11. PERSONNEL
OFFICERS
B. SELECTION FOR PROMOTION
259. Officers to be recommended for promotion
* * * * * * *
(c) (1) [After selecting] In selecting the officers to be
recommended for promotion, a selection board may recommend
officers of particular merit, from among those officers chosen
for promotion, to be placed at the top of the list of selectees
promulgated by the Secretary under section 271(a) of this
title. The number of officers that a board may recommend to be
placed at the top of the list of selectees may not exceed the
percentages set forth in subsection (b) unless such a
percentage is a number less than one, in which case the board
may recommend one officer for such placement. No officer may be
recommended to be placed at the top of the list of selectees
unless he or she receives the recommendation of at least a
majority of the members of a board composed of five members, or
at least two-thirds of the members of a board composed of more
than five members.
(2) The Secretary shall conduct a survey of the Coast
Guard officer corps to determine if implementation of
this subsection will improve Coast Guard officer
retention. A selection board may not make any
recommendation under this subsection before the date on
which the Secretary publishes a finding, based upon the
results of the survey, that implementation of this
subsection will improve Coast Guard officer retention.
(3) The Secretary shall submit any finding made by
the Secretary pursuant to paragraph (2) to the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
TITLE 14. COAST GUARD
PART I. REGULAR COAST GUARD
CHAPTER 11. PERSONNEL
OFFICERS
D. DISCHARGES; RETIREMENTS; REVOCATION OF COMMISSIONS
290. Rear admirals and real admirals (lower half); continuation on
active duty; involuntary retirement
(a) The Secretary shall from time to time convene boards to
recommend for continuation on active duty the most senior
officers on the active duty promotion list serving in the grade
of rear admiral (lower half) or rear admiral who have not
previously been considered for continuation in that grade.
Officers, other than the Commandant, serving for the time being
or who have served [in the grade of vice admiral] in or above
the grade of vice admiral are not subject to consideration for
continuation under this subsection, and as to all other
provisions of this section shall be considered as having been
continued at the grade of rear admiral. A board shall consist
of at least five officers serving in the grade of vice admiral
or as rear admirals previously continued. Boards shall be
convened frequently enough to assure that each officer serving
in the grade of rear admiral (lower half) or rear admiral is
subject to consideration for continuation during a promotion
year in which that officer completes not less than four or more
than five years combined service in the grades of rear admiral
(lower half) and rear admiral.
* * * * * * *
TITLE 14. COAST GUARD
PART II. COAST GUARD RESERVE AND AUXILIARY
CHAPTER 21. COAST GUARD RESERVE
SUBCHAPTER B. COMMISSIONED OFFICERS
740. Failure of selection and removal from an active status
* * * * * * *
(d) For the purpose of this section, the total commissioned
service of an officer who has served continuously in the
Reserve following appointment in the grade of ensign shall be
computed from the date on which [that appointment] that Reserve
appointment was accepted. A Reserve officer initially appointed
in a grade above ensign is considered to have the actual total
commissioned service performed in a grade above commissioned
warrant officer or the same total commissioned service as an
officer of the Regular Coast Guard who has served continuously
from an original appointment as ensign, who has not lost
numbers or precedence, and who is, or was, junior to the
Reserve officer, whichever is greater.
TITLE 14. COAST GUARD
PART II. COAST GUARD RESERVE AND AUXILIARY
CHAPTER 23. COAST GUARD AUXILIARY
[823. Eligibility, enrollments
[The Auxiliary shall be composed of citizens of the United
States and its territories and possessions, who are owners,
sole or part, of motorboats, yachts, aircraft, or radio
stations or who by reason of their special training or
experience are deemed by the Commandant to be qualified for
duty in the Auxiliary, and who may be enrolled therein pursuant
to applicable regulations.]
823. Eligibility, enrollments
The Auxiliary shall be composed of citizens of the United
States and its territories and possessions, and of aliens
lawfully admitted for permanent residence, as defined in
section 101(a)(20) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(20))--
(1) who are owners, sole or part, of motorboats,
yachts, aircraft, or radio stations; or
(2) who by reason of their special training or
experience are deemed by the Commandant to be qualified
for duty in the Auxiliary, and who may be enrolled
therein pursuant to applicable regulations.
TITLE 46. SHIPPING
SUBTITLE II. VESSELS AND SEAMEN
PART B. INSPECTION AND REGULATION OF VESSELS
CHAPTER 33. INSPECTION GENERALLY
3316. Classification societies
(a) Each department, agency, and instrumentality of the
United States Government shall recognize the American Bureau of
Shipping as its agent in classifying vessels owned by the
Government and in matters related to classification, as long as
the American Bureau of Shipping is maintained as an
organization having no capital stock and paying no dividends.
The Secretary and the Secretary of Transportation each shall
appoint one representative (except when the Secretary is the
Secretary of Transportation, in which case the Secretary shall
appoint both representatives) who shall represent the
Government on the executive committee of the American Bureau of
Shipping. The American Bureau of Shipping shall agree that the
representatives shall be accepted by it as active members of
the committee. The representatives shall serve without
compensation, except for necessary traveling expenses.
(b) (1) The Secretary may delegate to the American Bureau of
Shipping or another classification society recognized by the
Secretary as meeting acceptable standards for such a society,
for a vessel documented or to be documented under chapter 121
of this title, the authority to--
(A) review and approve plans required for
issuing a certificate of inspection required by
this part;
(B) conduct inspections and examinations; and
(C) issue a certificate of inspection
required by this part and other related
documents.
(2) The Secretary may make a delegation under
paragraph (1) to a foreign classification society
only--
(A) to the extent that the government of the
foreign country in which the society is
headquartered delegates authority and provides
access to the American Bureau of Shipping to
inspect, certify, and provide related services
to vessels documented in that country; [and]
(B) if the foreign classification society has
offices and maintains records in the United
States[.] ; and
(C) if the Secretary of State determines that
the foreign classification society does not
provide comparable services in or for the
government of a country designated by the
Secretary of State as a State Sponsor of
Terrorism.
(3) When an inspection or examination has been
delegated under this subsection, the Secretary's
delegate--
(A) shall maintain in the United States
complete files of all information derived from
or necessarily connected with the inspection or
examination for at least 2 years after the
vessel ceases to be certified; and
(B) shall permit access to those files at all
reasonable times to any officer, employee, or
member of the Coast Guard designated--
(i) as a marine inspector and serving
in a position as a marine inspector; or
(ii) in writing by the Secretary to
have access to those files.
(c) (1) A classification society (including an employee or
agent of that society) may not review, examine, survey, or
certify the construction, repair, or alteration of a vessel in
the United States unless the society has applied for approval
under this subsection and the Secretary has reviewed and
approved that society with respect to the conduct of that
society under paragraph (2).
(2) The Secretary may approve a person for purposes
of paragraph (1) only if the Secretary determines
that--
(A) the vessels surveyed by the person while
acting as a classification society have an
adequate safety record; and
(B) the person has an adequate program to--
(i) develop and implement safety
standards for vessels surveyed by the
person;
(ii) make the safety records of the
person available to the Secretary in an
electronic format;
(iii) provide the safety records of a
vessel surveyed by the person to any
other classification society that
requests those records for the purpose
of conducting a survey of the vessel;
and
(iv) request the safety records of a
vessel the person will survey from any
classification society that previously
surveyed the vessel.
(d) (1) The Secretary may delegate to the American Bureau of
Shipping or another classification society recognized by the
Secretary as meeting acceptable standards for such a society,
for a United States offshore facility, the authority to--
(A) review and approve plans required for
issuing a certificate of inspection, a
certificate of compliance, or any other
certification and related documents issued by
the Coast Guard pursuant to regulations issued
under section 30 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1356); [and]
(B) conduct inspections and examinations[.] ;
and
(C) if the Secretary of State determines that
the foreign classification society does not
provide comparable services in or for the
government of a country designated by the
Secretary of State as a State Sponsor of
Terrorism.
(2) The Secretary may make a delegation under
paragraph (1) to a foreign classification society only
if--
(A) the foreign society has offices and
maintains records in the United States; and
(B) (i) the government of the foreign country
in which the foreign society is headquartered
delegates that authority to the American Bureau
of Shipping; or
(ii) the Secretary has entered into
an agreement with the government of the
foreign country in which the foreign
society is headquartered that--
(I) ensures the government of
the foreign country will accept
plan review, inspections, or
examinations conducted by the
American Bureau of Shipping and
provide equivalent access to
inspect, certify, and provide
related services to offshore
facilities located in that
country or operating under the
authority of that country; and
(II) is in full accord with
principles of reciprocity in
regards to any delegation
contemplated by the Secretary
under paragraph (1).
(3) If an inspection or examination is conducted
under authority delegated under this subsection, the
person to which the authority was delegated--
(A) shall maintain in the United States
complete files of all information derived from
or necessarily connected with the inspection or
examination for at least 2 years after the
United States offshore facility ceases to be
certified; and
(B) shall permit access to those files at all
reasonable times to any officer, employee, or
member of the Coast Guard designated--
(i) as a marine inspector and serving
in a position as a marine inspector; or
(ii) in writing by the Secretary to
have access to those files.
(4) For purposes of this subsection--
(A) the term ``offshore facility'' means any
installation, structure, or other device
(including any vessel not documented under
chapter 121 of this title or the laws of
another country), fixed or floating, that
dynamically holds position or is temporarily or
permanently attached to the seabed or subsoil
under the sea; and
(B) the term ``United States offshore
facility'' means any offshore facility, fixed
or floating, that dynamically holds position or
is temporarily or permanently attached to the
seabed or subsoil under the territorial sea of
the United States or the outer Continental
Shelf (as that term is defined in section 2 of
the Outer Continental Shelf Lands Act (43
U.S.C. 1331)), including any vessel, rig,
platform, or other vehicle or structure subject
to regulation under section 30 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1356).
(e) The Secretary shall revoke an existing delegation made to
a foreign classification society under subsection (b) or (d) if
the Secretary of State determines that the foreign
classification society provides comparable services in or for
the government of a country designated by the Secretary of
State as a State Sponsor of Terrorism.
TITLE 46. SHIPPING
SUBTITLE II. VESSELS AND SEAMEN
PART G. MERCHANT SEAMEN PROTECTION AND RELIEF
CHAPTER 111. PROTECTION AND RELIEF
11113. Protection and fair treatment of seafarers
(a) Purpose.--The purpose of this section shall be to ensure
the protection and fair treatment of seafarers.
(b) Special Fund.--
(1) Establishment.--There is established in the
Treasury a special fund known as the ``Support of
Seafarers Fund''.
(2) Use of amounts in fund.--The amounts deposited
into the Fund shall be available to the Secretary,
without fiscal year limitation, to--
(A) pay necessary support under subsection
(c)(1); and
(B) reimburse a shipowner for necessary
support under subsection (c)(2).
(3) Amounts credited to fund.--Notwithstanding any
other provision of law, the Fund may receive--
(A) any moneys ordered to be paid to the Fund
in the form of community service under section
8B1.3 of the United States Sentencing
Guidelines Manual or to the extent permitted
under paragraph (4); and
(B) amounts reimbursed or recovered under
subsection (e).
(4) Prerequisite for community service credits.--The
Fund may receive credits under paragraph (3)(A) if the
unobligated balance of the Fund is less than
$5,000,000.
(5) Authorization of appropriation.--There are
authorized to be appropriated, from the Fund, for each
fiscal year such sums as may be necessary for the
purposes set forth in paragraph (2).
(6) Report required.--
(A) In general.--The Secretary shall submit
to Congress, concurrent with the President's
budget submission for a given fiscal year, a
report that describes--
(i) the amounts credited to the Fund
under paragraph (3) for the preceding
fiscal year;
(ii) in detail, the activities for
which amounts were charged; and
(iii) the projected level of
expenditures from the Fund for the
upcoming fiscal year, based on--
(I) on-going activities; and
(II) new cases, derived from
historic data.
(B) Exception.--Subparagraph (A) shall not
apply to obligations during the first fiscal
year during which amounts are credited to the
Fund.
(7) Fund manager.--The Secretary shall designate a
Fund manager. The Fund manager shall--
(A) ensure the visibility and accountability
of transactions utilizing the Fund;
(B) prepare the report under paragraph (6);
(C) monitor the unobligated balance of the
Fund; and
(D) provide notice to the Secretary and the
Attorney General whenever the unobligated
balance of the Fund is less than $5,000,000.
(c) Authority.--The Secretary may--
(1) pay, from amounts appropriated from the Fund,
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 any treaty, law, or
regulation by the Coast Guard; and
(B) a seafarer that the Secretary determines
was abandoned in the United States; and
(2) reimburse, from amounts appropriated from the
Fund, a shipowner 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 any
treaty, law, or regulation by the Coast Guard, for the
costs of necessary support if the Secretary determines
that reimbursement is necessary to avoid serious
injustice.
(d) Limitation.--Nothing in this section shall be construed--
(1) to create a right, benefit, or entitlement to
necessary support; or
(2) to compel the Secretary to pay or reimburse the
cost of necessary support.
(e) Reimbursement; Recovery.--
(1) In general.--A shipowner shall reimburse the Fund
an amount equal to the total amount paid from the Fund
for necessary support of a seafarer plus a surcharge of
25 percent of the total amount if--
(A) the shipowner--
(i) during the course of an
investigation, reporting,
documentation, or adjudication of any
matter 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 receives a criminal
penalty; or
(B) the shipowner, under any circumstance,
abandons a seafarer in the United States, as
determined by the Secretary.
(2) Enforcement.--If a shipowner fails to reimburse
the Fund under paragraph (1), the Secretary may--
(A) proceed in rem against any vessel of the
shipowner 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 any vessel of the
shipowner wherever the vessel is found.
(3) Remedy.--A vessel may obtain clearance from the
Secretary after it is withheld or revoked under
paragraph (2)(B) if the shipowner reimburses the Fund
the amount required under paragraph (1).
(f) Bond and Surety.--
(1) Authority.--The Secretary may require a bond or a
surety satisfactory as an alternative to withholding or
revoking clearance under subsection (e) if, in the
opinion of the Secretary, the bond or surety
satisfactory is necessary to facilitate an
investigation, reporting, documentation, or
adjudication of any matter that is related to the
administration or enforcement of any treaty, law, or
regulation by the Coast Guard.
(2) Surety corporations.--A surety corporation may
provide a bond or surety satisfactory under paragraph
(1) if the surety corporation is authorized by the
Secretary of the Treasury under section 9305 of title
31 to provide surety bonds under section 9304 of title
31.
(3) Application.--The authority to require a bond or
surety satisfactory or to request the withholding or
revocation of the clearance under subsection (e)
applies to any investigation, reporting, documentation,
or adjudication of any matter that is related to the
administration or enforcement of any treaty, law, or
regulation by the Coast Guard.
(g) Definitions.--In this section:
(1) Abandons; abandoned.--The term ``abandons'' or
``abandoned'' means--
(A) a shipowner's unilateral severance of
ties with a seafarer; or
(B) a shipowner's failure to provide
necessary support of a seafarer.
(2) Bond or surety satisfactory.--The term ``bond or
surety satisfactory'' means a negotiated instrument,
the terms of which may, at the discretion of the
Secretary, include provisions that require a shipowner
to--
(A) provide necessary support of a seafarer
who has or may have information pertinent to an
investigation, reporting, documentation, or
adjudication of any matter that is related to
the administration or enforcement of any
treaty, law, or regulation by the Coast Guard;
(B) facilitate an investigation, reporting,
documentation, or adjudication of any matter
that is related to the administration or
enforcement of any treaty, law, or regulation
by the Coast Guard;
(C) stipulate to certain incontrovertible
facts, including the ownership or operation of
the vessel, or the authenticity of documents
and things from the vessel;
(D) facilitate service of correspondence and
legal papers;
(E) enter an appearance in United States
district court;
(F) comply with directions regarding payment
of funds;
(G) name an agent in the United States for
service of process;
(H) stipulate in United States district court
as to the authenticity of certain documents;
(I) provide assurances that no discriminatory
or retaliatory measures will be taken against a
seafarer involved in an investigation,
reporting, documentation, or adjudication of
any matter that is related to the
administration or enforcement of any treaty,
law, or regulation by the Coast Guard;
(J) provide financial security in the form of
cash, bond, or other means acceptable to the
Secretary; and
(K) provide for any other appropriate
measures as the Secretary considers necessary
to ensure the Government is not prejudiced by
granting the clearance required under section
60105 of title 46.
(3) Fund.--The term ``Fund'' means the Support of
Seafarers Fund established under this section.
(4) Necessary support.--The term ``necessary
support'' means normal wages, lodging, subsistence,
clothing, medical care (including hospitalization),
repatriation, and any other expense the Secretary
considers appropriate.
(5) Seafarer.--The term ``seafarer'' means an alien
crewman who is employed or engaged in any capacity on
board a vessel subject to the jurisdiction of the
United States.
(6) Shipowner.--The term ``shipowner'' means an
individual or entity that owns, has an ownership
interest in, or operates a vessel subject to the
jurisdiction of the United States.
(7) Vessel subject to the jurisdiction of the United
States.--The term ``vessel subject to the jurisdiction
of the United States'' has the meaning given the term
in section 70502(c), except that it excludes--
(A) a vessel--
(i) that is owned by the United
States, a State or political
subdivision thereof, or a foreign
nation; and
(ii) that is not engaged in commerce;
and
(B) a bareboat--
(i) that is chartered and operated by
the United States, a State or political
subdivision thereof, or a foreign
nation; and
(ii) that is not engaged in commerce.
(h) Regulations.--The Secretary may prescribe regulations to
implement this section.