H.R. 4005 — what changed
Coast Guard and Maritime Transportation Act of 2014
From Introduced in House to Reported in House. 7 sections amended and 9 added between Introduced in House and Reported in House.
Section 1 Short title; table of contents
Sec. 214 Icebreakers
“(3) Result of no determination—If in the analysis submitted under this section the Secretary does not make a determination under subsection (a)(5) regarding whether it is cost-effective to reactivate the Polar Sea, then—
“(A) the Commandant of the Coast Guard may decommission the Polar Sea; or
“(B) the Secretary may make such determination, not later than 90 days after the date of enactment of this paragraph, and take actions in accordance with this subsection as though such determination was made in the analysis previously submitted.”
“(e) Strategies
“(1) In general—Not later than 180 days after the date on which the analysis required under subsection (a) is submitted, the Commandant of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate—
“(A) a strategy to meet the Coast Guard’s Arctic ice operations needs through September 30, 2050; and
“(B) unless the Secretary makes a determination under this section that it is cost-effective to reactivate the Polar Sea, a bridging strategy for maintaining the Coast Guard’s polar icebreaking services until at least September 30, 2024.
“(2) Requirement—The strategies required under paragraph (1) shall include a business case analysis comparing the leasing and purchasing of icebreakers to maintain the needs and services described in that paragraph.”
Sec. 219 Flag officers
addedadded “296. Flag officers
added “During any period in which the Coast Guard is not operating as a service in the Navy, section 1216(d) of title 10 does not apply with respect to flag officers of the Coast Guard.”
Sec. 220 Aviation capability in the Great Lakes region
addedadded The Secretary of the department in which the Coast Guard is operating may—
Sec. 221 e-LORAN
addedSec. 301 Treatment of fishing permits
“31310. Treatment of fishing permits
“(a) Limitation on maritime liens—This chapter—
“(1) does not establish a maritime lien on a fishing permit; and
“(2) does not authorize any civil action to enforce a maritime lien on a fishing permit.
“(b) Treatment of fishing permits under State and Federal law—A fishing permit—
“(1) is governed solely by the State or Federal law under which it is issued; and
“(2) shall not be treated as part of a vessel, or as an appurtenance or intangible of a vessel, for any purpose under Federal law.
“(c) Authority of Secretary of Commerce not affected—Nothing in this section shall be construed as imposing any limitation upon the authority of the Secretary of Commerce—
“(1) to modify, suspend, revoke, or impose a sanction on any fishing permit issued by the Secretary of Commerce; or
“(2) to bring a civil action to enforce such a modification, suspension, revocation, or sanction.
changed
“(d) Fishing permit defined—In this section the term fishing permit means any authorization of a person or vessel to engage in fishing that is issued under State of or Federal law.”
Sec. 303 Repeal
Chapter 555 of title 46, United States Code, is amended—
Sec. 309 Crediting time in the sea services
“(j) The Secretary may issue a license under this section in a class under subsection (c) to an applicant that—
“(1) has at least 3 months of qualifying service on vessels of the uniformed services (as that term is defined in section 101(a) of title 10) of appropriate tonnage or horsepower within the 7-year period immediately preceding the date of application; and
“(2) satisfies all other requirements for such a license.”
“428. Sea service letters
“(a) In general—The Secretary shall provide a sea service letter to a member or former member of the Coast Guard who—
“(1) accumulated sea service on a vessel of the armed forces (as such term is defined in section 101(a) of title 10); and
“(2) requests such letter.
“(b) Deadline—Not later than 30 days after receiving a request for a sea service letter from a member or former member of the Coast Guard under subsection (a), the Secretary shall provide such letter to such member or former member if such member or former member satisfies the requirement under subsection (a)(1).”
Sec. 313 Offshore supply vessel third-party inspection
Section 3316 of title 46, United States Code, is amended by redesignating subsection (f) as subsection (g), and by inserting after subsection (e) the following:
“(f)
“(1) Upon request of an owner or operator of an offshore supply vessel, the Secretary shall delegate the authorities set forth in paragraph (1) of subsection (b) with respect to such vessel to a classification society to which a delegation is authorized under that paragraph. A delegation by the Secretary under this subsection shall be used for any vessel inspection and examination function carried out by the Secretary, including the issuance of certificates of inspection and all other related documents.
“(2) If the Secretary determines that a certificate of inspection or related document issued under authority delegated under paragraph (1) of this subsection with respect to a vessel has reduced the operational safety of that vessel, the Secretary may terminate the certificate or document, respectively.
changed “(3) Not later than 2 years after the date of the enactment of the Howard Coble Coast Guard and Maritime Transportation Act of 2014, and for each year of the subsequent 2-year period, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing—
“(A) the number of vessels for which a delegation was made under paragraph (1);
“(B) any savings in personnel and operational costs incurred by the Coast Guard that resulted from the delegations; and
“(C) based on measurable marine casualty and other data, any impacts of the delegations on the operational safety of vessels for which the delegations were made, and on the crew on those vessels.”
Sec. 314 Survival craft
“3104. Survival craft
changed
“(a) The Requirement to Equip—The Secretary shall require that a passenger vessel be equipped with survival craft that ensures that no part of an individual is immersed in water, if—
“(1) such vessel is built or undergoes a major conversion after January 1, 2016; and
“(2) operates in cold waters as determined by the Secretary.
changed
“(b) The Higher Standard of Safety—The Secretary may revise part 117 or part 180 of title 46, Code of Federal Regulations, as in effect before January 1, 2016, if such revision provides a higher standard of safety than is provided by the regulations in effect on or before the date of enactment of the Howard Coble Coast Guard and Maritime Transportation Act of 2014.
changed
“(c) The Innovative and Novel Designs—The Secretary may, in lieu of the requirements set out in part 117 or part 180 of title 46, Code of Federal Regulations, as in effect on the date of the enactment of the Howard Coble Coast Guard and Maritime Transportation Act of 2014, allow a passenger vessel to be equipped with a life saving appliance or arrangement of an innovative or novel design that—
“(1) ensures no part of an individual is immersed in water; and
“(2) provides an equal or higher standard of safety than is provided by such requirements as in effect before such date of enactment.
changed
“(d) In Built Defined—In this section, the term built has the meaning that term has under section 4503(e).”
Sec. 316 Enforcement
addedadded “(1) The Secretary of Transportation shall annually review programs administered by other departments and agencies and determine whether each such program is subject to the requirements of this section.”
added “(2) The Secretary shall have the sole responsibility to make determinations described in paragraph (1).
added “(3) A determination made by the Secretary under paragraph (1) regarding a program shall remain in effect until the Secretary determines that such program is no longer subject to the requirements of this section.
added “(4) Each department or agency administering a program determined by the Secretary under paragraph (1) to be subject to the requirements of this section shall administer such program in accordance with this section and any rules or guidance issued by the Secretary. The issuance of such rules or guidance is not a prerequisite to the issuance of final determinations under paragraph (1).”
added “(6) On the date on which the President submits to Congress a budget pursuant to section 1105 of title 31, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that—
added “(A) lists the programs determined under paragraph (1) to be subject to the requirements of this section; and
added “(B) describes the results of the most recent annual review required by paragraph (5)(A), including identification of the departments and agencies that transported cargo in violation of this section and any action the Secretary took under paragraph (5) with respect to each violation.”
added “(7) The Secretary may prescribe rules, including interim rules, necessary to carry out paragraph (5). An interim rule prescribed under this paragraph shall remain in effect until superseded by a final rule.”
Sec. 317 Severe marine debris events
addedadded “(1) In general—To carry out the purposes set forth in section 2, the Administrator, acting through the Program, may—
added “(A) enter into cooperative agreements, contracts, and other agreements with Federal agencies, States, local governments, regional agencies, interstate agencies, and other entities, including agreements to use the personnel, services, equipment, or facilities of such entities on a reimbursable or non-reimbursable basis; and
added “(B) make grants to—
added “(i) State, local, and tribal governments; and
added “(ii) institutions of higher education, nonprofit organizations, and commercial organizations with the expertise or responsibility to identify, determine sources of, assess, prevent, reduce, and remove marine debris.”
added “(4) Grants
added “(A) Eligibility—To be eligible for a grant under paragraph (1)(B), an entity specified in that paragraph shall submit to the Administrator a marine debris project proposal.
added “(B) Review and approval—The Administrator shall—
added “(i) review each marine debris project proposal submitted under subparagraph (A) to determine if the proposal meets grant criteria established by the Administrator and supports the purposes set forth in section 2;
added “(ii) after considering any written comments and recommendations with respect to the review conducted under clause (i), approve or disapprove a grant for the proposal; and
added “(iii) provide notification of that approval or disapproval to the entity that submitted the proposal.
added “(C) Reporting—Each entity receiving a grant under paragraph (1)(B) shall provide reports to the Administrator as required by the Administrator. Each report provided shall include all information determined necessary by the Administrator for evaluating the progress and success of the project for which the grant was provided and describe the impact of the grant on the identification, determination of sources, assessment, prevention, reduction, or removal of marine debris.
added “(D) Training—The Administrator may require a recipient of a grant under this subsection to provide training to persons engaged in marine debris response efforts funded by such grant with respect to the potential impacts of marine debris, including nonindigenous species related to the debris, on the economy of the United States, the marine environment, and navigation safety.”
added “(d) Severe marine debris events
added “(1) Grant preference—In evaluating proposals for grants under subsection (c), the Administrator may give preference in approving grants to proposals that address a severe marine debris event.
added “(2) Request for a declaration
added “(A) In general—For purposes of paragraph (1), the Governor of a State may request that the Administrator declare a severe marine debris event in such State or a region that includes such State.
added “(B) Response to requests—Not later than 30 days after the Administrator receives a request under subparagraph (A), the Administrator shall either—
added “(i) declare a severe marine debris event with respect to the request; or
added “(ii) submit a response to the Governor who submitted the request, explaining why the Administrator has not declared a severe marine debris event with respect to the request.”
added “(5) Nonindigenous species—The term “nonindigenous species” has the meaning given that term in section 1003 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702).”
Sec. 318 Minimum tonnage
addedadded Section 55305 of title 46, United States Code, is amended by adding at the end the following:
added “(f) Minimum tonnage—With respect to commodities transported under the activities specified in section 55314(b), the percentage specified in subsection (b) of this section shall be treated as 75 percent.”
Sec. 319 Merchant Marine Personnel Advisory Committee
addedadded “8108. Merchant Marine Personnel Advisory Committee
added “(a) Establishment—The Secretary shall establish a Merchant Marine Personnel Advisory Committee (in this section referred to as “the Committee”). The Committee—
added “(1) shall act solely in an advisory capacity to the Secretary through the Commandant of the Coast Guard on matters relating to personnel in the United States merchant marine, including training, qualifications, certification, documentation, and fitness standards, and other matters as assigned by the Commandant;
added “(2) shall review and comment on proposed Coast Guard regulations and policies relating to personnel in the United States merchant marine, including training, qualifications, certification, documentation, and fitness standards;
added “(3) may be given special assignments by the Secretary and may conduct studies, inquiries, workshops, and fact finding in consultation with individuals and groups in the private sector and with State or local governments;
added “(4) shall advise, consult with, and make recommendations reflecting its independent judgment to the Secretary;
added “(5) shall meet not less than twice each year; and
added “(6) may make available to the Congress recommendations that the Committee makes to the Secretary.
added “(b) Membership
added “(1) In general—The Committee shall consist of not more than 19 members who are appointed by and serve terms of a duration determined by the Secretary. Before filling a position on the Committee, the Secretary shall publish a notice in the Federal Register soliciting nominations for membership on the Committee.
added “(2) Required members—The Secretary shall appoint as members of the Committee—
added “(A) 9 United States citizens with active licenses or certificates issued under chapter 71 or merchant mariner documents issued under chapter 73, including—
added “(i) 3 deck officers who represent the viewpoint of merchant marine deck officers, of whom—
added “(I) 2 shall be licensed for oceans any gross tons;
added “(II) 1 shall be licensed for inland river route with a limited or unlimited tonnage;
added “(III) 2 shall have a master’s license or a master of towing vessels license;
added “(IV) 1 shall have significant tanker experience; and
added “(V) to the extent practicable—
added “(aa) 1 shall represent the viewpoint of labor; and
added “(bb) another shall represent a management perspective;
added “(ii) 3 engineering officers who represent the viewpoint of merchant marine engineering officers, of whom—
added “(I) 2 shall be licensed as chief engineer any horsepower;
added “(II) 1 shall be licensed as either a limited chief engineer or a designated duty engineer; and
added “(III) to the extent practicable—
added “(aa) 1 shall represent a labor viewpoint; and
added “(bb) another shall represent a management perspective;
added “(iii) 2 unlicensed seamen, of whom—
added “(I) 1 shall represent the viewpoint of able-bodied seamen; and
added “(II) another shall represent the viewpoint of qualified members of the engine department; and
added “(iv) 1 pilot who represents the viewpoint of merchant marine pilots;
added “(B) 6 marine educators, including—
added “(i) 3 marine educators who represent the viewpoint of maritime academies, including—
added “(I) 2 who represent the viewpoint of State maritime academies and are jointly recommended by such State maritime academies; and
added “(II) 1 who represents either the viewpoint of the State maritime academies or the United States Merchant Marine Academy; and
added “(ii) 3 marine educators who represent the viewpoint of other maritime training institutions, 1 of whom shall represent the viewpoint of the small vessel industry;
added “(C) 2 individuals who represent the viewpoint of shipping companies employed in ship operation management; and
added “(D) 2 members who are appointed from the general public.
added “(c) Chairman and vice chairman—The Committee shall elect one of its members as the Chairman and one of its members as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of the Chairman, or in the event of a vacancy in the office of the Chairman.
added “(d) Subcommittees—The Committee may establish and disestablish subcommittees and working groups for any purpose consistent with this section, subject to conditions imposed by the Committee. Members of the Committee and additional persons drawn from the general public may be assigned to such subcommittees and working groups. Only Committee members may chair subcommittee or working groups.
added “(e) Termination—The Committee shall terminate on September 30, 2020.”
Sec. 320 Report on effect of LNG export carriage requirements on job creation in the United States maritime industry
addedadded No later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the number of jobs, including vessel construction and vessel operating jobs, that would be created in the United States maritime industry each year in 2015 through 2025 if liquified natural gas exported from the United States were required to be carried—