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Bill
Notes

H.R. 1987 — what changed

Coast Guard Authorization Act of 2015

From Introduced in House to Reported in House. 7 sections amended and 8 added between Introduced in House and Reported in House.

Sec. 101 Authorizations

(a)
In general— Title 14, United States Code, is amended by adding at the end the following:

“III Coast Guard Authorizations and Reports to Congress

“27 Authorizations

“2702. Authorization of appropriations

“Funds are authorized to be appropriated for each of fiscal years 2016 and 2017 for necessary expenses of the Coast Guard as follows:

“(1) For the operation and maintenance of the Coast Guard, not otherwise provided for—

“(A) $6,981,036,000 for fiscal year 2016; and

“(B) $6,981,036,000 for fiscal year 2017.

“(2) For the acquisition, construction, renovation, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto, and for maintenance, rehabilitation, lease, and operation of facilities and equipment—

“(A) $1,546,448,000 for fiscal year 2016; and

“(B) $1,546,448,000 for fiscal year 2017.

“(3) For the Coast Guard Reserve program, including operations and maintenance of the program, personnel and training costs, equipment, and services—

“(A) $140,016,000 for fiscal year 2016; and

“(B) $140,016,000 for fiscal year 2017.

“(4) For the environmental compliance and restoration functions of the Coast Guard under chapter 19 of this title—

“(A) $16,701,000 for fiscal year 2016; and

“(B) $16,701,000 for fiscal year 2017.

“(5) To the Commandant of the Coast Guard for research, development, test, and evaluation of technologies, materials, and human factors directly related to improving the performance of the Coast Guard's mission with respect to search and rescue, aids to navigation, marine safety, marine environmental protection, enforcement of laws and treaties, ice operations, oceanographic research, and defense readiness, and for maintenance, rehabilitation, lease, and operation of facilities and equipment—

“(A) $19,890,000 for fiscal year 2016; and

“(B) $19,890,000 for fiscal year 2017.

“2704. Authorized levels of military strength and training

“(a) Active duty strength—The Coast Guard is authorized an end-of-year strength for active duty personnel of 43,000 for each of fiscal years 2016 and 2017.

“(b) Military training student loads—The Coast Guard is authorized average military training student loads for each of fiscal years 2016 and 2017 as follows:

“(1) For recruit and special training, 2,500 student years.

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

“(3) For professional training in military and civilian institutions, 350 student years.

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

“29 Reports

“2904. Manpower requirements plan

“(a) In general—On the date on which the President submits to Congress a budget for fiscal year 2017 under section 1105 of title 31, on the date on which the President submits to Congress a budget for fiscal year 2019 under such section, and every 4 years thereafter, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a manpower requirements plan.

“(b) Scope—A manpower requirements plan submitted under subsection (a) shall include for each mission of the Coast Guard—

“(1) an assessment of all projected mission requirements for the upcoming fiscal year and for each of the 3 fiscal years thereafter;

“(2) the number of active duty, reserve, and civilian personnel assigned or available to fulfill such mission requirements—

“(A) currently; and

“(B) as projected for the upcoming fiscal year and each of the 3 fiscal years thereafter;

“(3) the number of active duty, reserve, and civilian personnel required to fulfill such mission requirements—

“(A) currently; and

“(B) as projected for the upcoming fiscal year and each of the 3 fiscal years thereafter;

“(4) an identification of any capability gaps between mission requirements and mission performance caused by deficiencies in the numbers of personnel available—

“(A) currently; and

“(B) as projected for the upcoming fiscal year and each of the 3 fiscal years thereafter; and

“(5) an identification of the actions the Commandant will take to address capability gaps identified under paragraph (4).

“(c) Consideration—In composing a manpower requirements plan for submission under subsection (a), the Commandant shall consider—

“(1) the marine safety strategy required under section 2116 of title 46;

“(2) information on the adequacy of the acquisition workforce included in the most recent report under section 2903 of this title; and

“(3) any other Federal strategic planning effort the Commandant considers appropriate.”

(b)
Requirement for prior authorization of appropriations— Section 662 of title 14, United States Code, is amended—
(1)
by redesignating such section as section 2701;
(2)
by transferring such section to appear before section 2702 of such title (as added by subsection (a) of this section); and
(3)
by striking paragraphs (1) through (5) and inserting the following:

“(1) For the operation and maintenance of the Coast Guard, not otherwise provided for.

“(2) For the acquisition, construction, renovation, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto, and for maintenance, rehabilitation, lease, and operation of facilities and equipment.

“(3) For the Coast Guard Reserve program, including operations and maintenance of the program, personnel and training costs, equipment, and services.

“(4) For the environmental compliance and restoration functions of the Coast Guard under chapter 19 of this title.

changed “(5) For research, development, test, and evaluation of technologies, materials, and human factors directly related to improving the performance of the Coast Guard's mission with respect to search and rescue, aids to navigation, marine safety, marine environmental protection, enforcement of laws and treaties, ice operations, oceanographic research, and defense readiness, and for maintenance, rehabilitation, lease, and operation of facilities and equipment.Guard.

“(6) For alteration or removal of bridges over navigable waters of the United States constituting obstructions to navigation, and for personnel and administrative costs associated with the Alteration of Bridges Program.”

(c)
Authorization of personnel end strengths— Section 661 of title 14, United States Code, is amended—
(1)
by redesignating such section as section 2703; and
(2)
by transferring such section to appear before section 2704 of such title (as added by subsection (a) of this section).
(d)
Reports—
(1)
Transmission of annual Coast Guard authorization request— Section 662a of title 14, United States Code, is amended—
(A)
by redesignating such section as section 2901;
(B)
by transferring such section to appear before section 2904 of such title (as added by subsection (a) of this section); and
(C)
in subsection (b)—
(i)
in paragraph (1) by striking “described in section 661” and inserting “described in section 2703”; and
(ii)
in paragraph (2) by striking “described in section 662” and inserting “described in section 2701”.
(2)
Capital investment plan— Section 663 of title 14, United States Code, is amended—
(A)
by redesignating such section as section 2902; and
(B)
by transferring such section to appear after section 2901 of such title (as so redesignated and transferred by paragraph (1) of this subsection).
(3)
Major acquisitions— Section 569a of title 14, United States Code, is amended—
(A)
by redesignating such section as section 2903;
(B)
by transferring such section to appear after section 2902 of such title (as so redesignated and transferred by paragraph (2) of this subsection); and
(C)
in subsection (c)(2) by striking “of this subchapter”.
(e)
Icebreaking on the Great Lakes— For fiscal years 2016 and 2017, the Commandant of the Coast Guard may use funds made available pursuant to section 2702(2) of title 14, United States Code (as added by subsection (a) of this section) for the selection of a design for and the construction of an icebreaker that is capable of buoy tending to enhance icebreaking capacity on the Great Lakes.
(f)
added Additional submissions— The Commandant of the Coast Guard shall submit to the Committee on Homeland Security of the House of Representatives—
(1)
added each plan required under section 2904 of title 14, United States Code, as added by subsection (a) of this section;
(2)
added each plan required under section 2903(e) of title 14, United States Code, as added by section 206 of this Act;
(3)
added each plan required under section 2902 of title 14, United States Code, as redesignated by subsection (d) of this section; and
(4)
added each mission need statement required under section 569 of title 14, United States Code.

Sec. 213 Mission performance measures

changed Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an assessment of the efficacy of the Coast Guard’s Standard Operational Planning Process with respect to annual mission performance measures.

Sec. 303 Enforcement

(a)
In general— Section 55305(d) of title 46, United States Code, is amended—
(1)
by amending paragraph (1) to read as follows:

“(1) Each department or agency that has responsibility for a program under this section shall administer that program consistent with this section and any regulations and guidance issued by the Secretary of Transportation concerning this section.”

(2)
by redesignating paragraph (2) as paragraph (3), and by inserting after paragraph (1) the following:

“(2)

“(A) The Secretary, after consulting with the department, agency, organization, or person involved, shall have exclusive authority for determining the applicability of this section to a program of a Federal department or agency, after consulting with the department, agency, organization, or person involved.

“(B) The head of a Federal department or agency shall request the Secretary to determine the applicability of this section to a program of such department or agency if the department or agency is uncertain of such applicability. Not later than 30 days after receiving such a request, the Secretary shall make such determination.

“(C) Subparagraph (B) shall not be construed to limit the authority of the Secretary to make a determination regarding the applicability of this section to a program administered by a Federal department or agency.

“(D) A determination made by the Secretary under this paragraph regarding a program shall remain in effect until the Secretary determines that this section no longer applies to such program.”

(3)
in paragraph (3), as so redesignated, by amending subparagraph (A) to read as follows:

“(A) shall conduct an annual review of the administration of programs subject to the requirements of this section to determine compliance with the requirements of this section;”

(4)
by adding at the end the following:

“(4) On the date on which the President submits to Congress a budget pursuant to section 1105 of title 31, the Secretary shall make available on the Internet website of the Department of Transportation a report that—

“(A) lists the programs that were subject to determinations made by the Secretary under paragraph (2) in the preceding year; and

“(B) describes the results of the most recent annual review required by paragraph (3)(A), including identification of the departments and agencies that transported cargo in violation of this section and any action the Secretary took under paragraph (3) with respect to each violation.”

(b)
Deadline for first review— The Secretary of Transportation shall complete the first review required under the amendment made by subsection (a)(1)(C) by not later than December 31, 2015.
(c)
added Conforming amendment— Section 3511(c) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (46 U.S.C. 55305 note) is repealed.

Sec. 304 Model years for recreational vessels

(a)
In general— Section 4302 of title 46, United States Code is amended by adding at the end the following:

changed “(d)“(e)

“(1) If in prescribing regulations under this section the Secretary establishes a model year for recreational vessels and associated equipment, such model year shall, except as provided in paragraph (2)—

“(A) begin on June 1 of a year and end on July 31 of the following year; and

“(B) be designated by the year in which it ends.

“(2) Upon the request of a recreational vessel manufacturer to which this chapter applies, the Secretary may alter a model year for a model of recreational vessel of the manufacturer and associated equipment, by no more than 6 months from the model year described in paragraph (1).”

(b)
Application— This section shall only apply with respect to recreational vessels and associated equipment constructed or manufactured, respectively, on or after June 1, 2015.
(c)
Guidance— Not later than 90 days after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall publish guidance to implement section 4302(d)(2) of title 46, United States Code.

Sec. 306 Marine event safety zones

changed Section 6 of the Ports and Waterways Safety Act of 1972 (33 U.S.C. 1225) is amended by adding at the end the following:

“(c) Marine event safety zones

“(1) In general—Except as provided in paragraph (2), the Secretary shall recover all costs the Coast Guard incurs to enforce a safety zone under this section if such safety zone is established for a marine event conducted under a permit or other authorization by the Coast Guard.

“(2) Exception—The Secretary may not recover costs under paragraph (1) from a State or local government.

“(3) Treatment of recovered costs—Costs recovered by the Secretary under this subsection shall be credited to the appropriation for operating expenses of the Coast Guard.

“(4) Marine event defined—In this section the term “marine event” means a planned activity of limited duration that by its nature, circumstances, or location, will introduce extra or unusual hazards to the safety of life on the navigable waters of the United States.”

Sec. 307 Technical corrections

(a)
Title 46— Title 46, United States Code, is amended—
(1)
in section 103, by striking “(33 U.S.C. 151).” and inserting “(33 U.S.C. 151(b)).”;
(2)
in section 2118—
(A)
in subsection (a), in the matter preceding paragraph (1), by striking “title,” and inserting “subtitle,”; and
(B)
in subsection (b), by striking “title” and inserting “subtitle”;
(3)
in the analysis for chapter 35—
(A)
by adding a period at the end of the item relating to section 3507; and
(B)
by adding a period at the end of the item relating to section 3508;
(4)
in section 3715(a)(2), by striking “; and” and inserting a semicolon;
(5)
in section 8103(b)(1)(A)(iii), by striking “Academy.” and inserting “Academy; and”; and
(6)
changed in section 11113(c)(1)(A)(i), by striking “under this Act”;Act”.
(b)
General Bridge Statutes—
(1)
Act of March 3, 1899— The Act of March 3, 1899, popularly known as the Rivers and Harbors Appropriations Act of 1899, is amended—
(A)
in section 9 (33 U.S.C. 401), by striking “Secretary of Transportation” each place it appears and inserting “Secretary of the department in which the Coast Guard is operating”; and
(B)
in section 18 (33 U.S.C. 502), by striking “Secretary of Transportation” each place it appears and inserting “Secretary of the department in which the Coast Guard is operating”.
(2)
Act of March 23, 1906— The Act of March 23, 1906, popularly known as the Bridge Act of 1906, is amended—
(A)
in the first section (33 U.S.C. 491), by striking “Secretary of Transportation” and inserting “Secretary of the department in which the Coast Guard is operating”;
(B)
in section 4 (33 U.S.C. 494), by striking “Secretary of Homeland Security” each place it appears and inserting “Secretary of the department in which the Coast Guard is operating”; and
(C)
in section 5 (33 U.S.C. 495), by striking “Secretary of Transportation” each place it appears and inserting “Secretary of the department in which the Coast Guard is operating”.
(3)
Act of August 18, 1894— Section 5 of the Act entitled “An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes”, approved August 18, 1894 (33 U.S.C. 499) is amended by striking “Secretary of Transportation” each place it appears and inserting “Secretary of the department in which the Coast Guard is operating”.
(4)
Act of June 21, 1940— The Act of June 21, 1940, popularly known as the Truman-Hobbs Act, is amended—
(A)
in the first section (33 U.S.C. 511), by striking “Secretary of Transportation” and inserting “Secretary of the department in which the Coast Guard is operating”;
(B)
in section 4 (33 U.S.C. 514), by striking “Secretary of Transportation” and inserting “Secretary of the department in which the Coast Guard is operating”;
(C)
in section 7 (33 U.S.C. 517), by striking “Secretary of Transportation” each place it appears and inserting “Secretary of the department in which the Coast Guard is operating”; and
(D)
in section 13 (33 U.S.C. 523), by striking “Secretary of Transportation” and inserting “Secretary of the department in which the Coast Guard is operating”.
(5)
changed General Bridge Act of 1946— The General Bridge Act of 1946 is amended—
(A)
in section 502(b) (33 U.S.C. 525(b)), by striking “Secretary of Transportation” and inserting “Secretary of the department in which the Coast Guard is operating”; and
(B)
in section 510 (33 U.S.C. 533), by striking “Secretary of Transportation” each place it appears and inserting “Secretary of the department in which the Coast Guard is operating”.
(6)
International Bridge Act of 1972— The International Bridge Act of 1972 is amended—
(A)
in section 5 (33 U.S.C. 535c), by striking “Secretary of Transportation” and inserting “Secretary of the department in which the Coast Guard is operating”; and
(B)
in section 8 (33 U.S.C. 535e), by striking “Secretary of Transportation” each place it appears and inserting “Secretary of the department in which the Coast Guard is operating”.

Sec. 313 Program guidelines

Not later than 180 days after the date of the enactment this Act, the Secretary of Transportation shall—

(1)
changed develop guidelines to implement the program authorized under section 304(a) of the Coast Guard and Maritime Transportation Act of 2006 (Public Law 109–241); and109–241), including specific actions to ensure the future availability of able and credentialed United States licensed and unlicensed seafarers including—
(A)
added incentives to encourage partnership agreements with operators of foreign-flag vessels that carry liquified natural gas, that provide no less than one training billet per vessel for United States merchant mariners in order to meet minimum mandatory sea service requirements;
(B)
added development of appropriate training curricula for use by public and private maritime training institutions to meet all United States merchant mariner license, certification, and document laws and requirements under the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978; and
(C)
added steps to promote greater outreach and awareness of additional job opportunities for sea service veterans of the United States Armed Forces; and
(2)
submit such guidelines to the Committee Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

Sec. 314 Repeals

added
(a)
added Repeals, Merchant Marine Act, 1936— Sections 601 through 606, 608 through 611, 613 through 616, 802, and 809 of the Merchant Marine Act, 1936 (46 U.S.C. 53101 note) are repealed.
(b)
added Conforming amendments— Chapter 575 of title 46, United States Code, is amended—
(1)
added in section 57501, by striking “titles V and VI” and inserting “title V” ; and
(2)
added in section 57531(a), by striking “titles V and VI” and inserting “title V”.
(c)
added Transfer from Merchant Marine Act, 1936—
(1)
added In general— Section 801 of the Merchant Marine Act, 1936 (46 U.S.C. 53101 note) is—
(A)
added redesignated as section 57522 of title 46, United States Code, and transferred to appear after section 57521 of such title; and
(B)
added as so redesignated and transferred, is amended—
(i)
added by striking so much as precedes the first sentence and inserting the following:

added “57522. Books and records, balance sheets, and inspection and auditing”

(ii)
added by striking “the provision of title VI or VII of this Act” and inserting “this chapter”;
(iii)
added by striking “That the provisions” and all that follows through “Commission; (2)” ; and
(iv)
added by redesignating clauses (3) and (4) as clauses (2) and (3), respectively.
(2)
added Clerical amendment— The analysis for chapter 575, of title 46, United States Code, is amended by inserting after the item relating to section 57521 the following:
(d)
added Repeals, title 46, U.S.C. Section 8103 of title 46, United States Code, is amended in subsections (c) and (d) by striking “or operating” each place it appears.

Sec. 504 Conveyance of Coast Guard property in Tok, Alaska

added
(a)
added Conveyance authorized— The Commandant of the Coast Guard may convey all right, title, and interest of the United States in and to the covered property, upon payment to the United States of the fair market value of the covered property.
(b)
added Right of first refusal— The Tanana Chiefs’ Conference shall have the right of first refusal with respect to purchase of the covered property under this section.
(c)
added Survey— The exact acreage and legal description of the covered property shall be determined by a survey satisfactory to the Commandant.
(d)
added Fair market value— The fair market value of the covered property shall be—
(1)
added determined by appraisal; and
(2)
added subject to the approval of the Commandant.
(e)
added Costs of conveyance— The responsibility for all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with a conveyance under this section shall be determined by the Commandant and the purchaser.
(f)
added Additional terms and conditions— The Commandant may require such additional terms and conditions in connection with a conveyance under this section as the Commandant considers appropriate and reasonable to protect the interests of the United States.
(g)
added Deposit of proceeds— Any proceeds received by the United States from a conveyance under this section shall be deposited in the Coast Guard Housing Fund established under section 687 of title 14, United States Code.
(h)
added Covered property defined—
(1)
added In general— In this section, the term covered property means the approximately 3.25 acres of real property (including all improvements located on the property) that are—
(A)
added located in Tok, Alaska;
(B)
added under the administrative control of the Coast Guard; and
(C)
added described in paragraph (2).
(2)
added Description— The property described in this paragraph is the following:
(A)
added Lots 11, 12 and 13, block “G”, Second Addition to Hartsell Subdivision, Section 20, Township 18 North, Range 13 East, Copper River Meridian, Alaska as appears by Plat No. 72-39 filed in the Office of the Recorder for the Fairbanks Recording District of Alaska, bearing seal dated 25 September 1972, all containing approximately 1.25 Acres and commonly known as 2-PLEX – Jackie Circle, Units A and B.
(B)
added Beginning at a point being the SE corner of the SE ¼ of the SE ¼ Section 24, Township 18 North, Range 12 East, Copper River Meridian, Alaska; thence running westerly along the south line of said SE ¼ of the NE ¼ 260 feet; thence northerly parallel to the east line of said SE ¼ of the NE ¼ 335 feet; thence easterly parallel to the south line 260 feet; then south 335 feet along the east boundary of Section 24 to the point of beginning; all containing approximately 2.0 acres and commonly known as 4-PLEX – West “C” and Willow, Units A, B, C and D.

Sec. 505 Safe vessel operation in the Great Lakes

added

added The Howard Coble Coast Guard and Maritime Transportation Act of 2014 (Public Law 113–281) is amended—

(1)
added in section 610, by—
(A)
added striking the section enumerator and heading and inserting the following:

added “610. Safe vessel operation in the Great Lakes”

(B)
added striking “existing boundaries and any future expanded boundaries of the Thunder Bay National Marine Sanctuary and Underwater Preserve” and inserting “boundaries of any national marine sanctuary that preserves shipwrecks or maritime heritage in the Great Lakes”; and
(C)
added by inserting before the period at the end the following: “, unless the designation documents for such sanctuary do not allow taking up or discharging ballast water in such sanctuary”; and
(2)
added in the table of contents in section 2, by striking the item relating to such section and inserting the following:

Sec. 506 Use of vessel sale proceeds

added
(a)
added Audit— The Comptroller General of the United States shall conduct an audit of funds credited in each fiscal year after fiscal year 2004 to the Vessel Operations Revolving Fund that are attributable to the sale of obsolete vessels in the National Defense Reserve Fleet that were scrapped or sold under sections 57102, 57103, and 57104 of title 46, United States Code, including—
(1)
added a complete accounting of all vessel sale proceeds attributable to the sale of obsolete vessels in the National Defense Reserve Fleet that were scrapped or sold under sections 57102, 57103 and 57104 of title 46, United States Code, in each fiscal year after fiscal year 2004;
(2)
added the annual apportionment of proceeds accounted for under paragraph (1) among the uses authorized under section 308704 of title 54, United States Code, in each fiscal year after fiscal year 2004, including—
(A)
added for National Maritime Heritage Grants, including a list of all annual National Maritime Heritage Grant grant and subgrant awards that identifies the respective grant and subgrant recipients and grant and subgrant amounts;
(B)
added for the preservation and presentation to the public of maritime heritage property of the Maritime Administration;
(C)
added to the United States Merchant Marine Academy and State maritime academies, including a list of annual awards; and
(D)
added for the acquisition, repair, reconditioning, or improvement of vessels in the National Defense Reserve Fleet; and
(3)
added an accounting of proceeds, if any, attributable to the sale of obsolete vessels in the National Defense Reserve Fleet that were scrapped or sold under sections 57102, 57103, and 57104 of title 46, United States Code, in each fiscal year after fiscal year 2004, that were expended for uses not authorized under section 308704 of title 54, United States Code.
(b)
added Submission to congress— Not later than 180 days after the date of enactment this Act, the Comptroller General shall submit the audit conducted in subsection (a) to the Committee on Armed Services, the Committee on Natural Resources, and the Committee on Transportation and Infrastructure of the House and the Committee on Commerce, Science, and Transportation of the Senate.

Sec. 507 Fishing vessel and fish tender vessel certification

added

added Section 4503 of title 46, United States Code, is amended—

(1)
added in subsection (c), by adding at the end the following: “Subsection (a) does not apply to a fishing vessel or fish tender vessel described in subsection (d)(6), if the vessel complies with an alternative safety compliance program established under that subsection for such a vessel.”; and
(2)
added in subsection (d), by adding at the end the following:

added “(6) The Secretary shall establish an alternative safety compliance program for fishing vessels or fish tender vessels (or both) that are at least 50 feet overall in length, and not more than 79 feet overall in length, and built after July 1, 2013.”

Sec. 508 National Academy of Sciences cost comparison

added
(a)
added Cost comparison— The Secretary of the department in which the Coast Guard is operating shall seek to enter into an arrangement with the National Academy of Sciences under which the Academy, by no later than 180 days after the date of the enactment of this Act, shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a comparison of the costs incurred by the Federal Government for each of the following alternatives:
(1)
added Transferring the Polar Sea to a non-governmental entity at no cost, and leasing back the vessel beginning on the date on which the Coast Guard certifies that the vessel is capable of the breaking out and missions described in subsection (c)(1).
(2)
added The reactivation and operation by the Coast Guard of the Polar Sea to an operational level at which the vessel is capable of such breaking out and missions.
(3)
added Acquiring and operating a new icebreaker through the Coast Guard’s acquisition process that is capable of such breaking out and missions.
(4)
added Construction by a non-Federal entity of an icebreaker capable of such breaking out and missions, that will be leased by the Federal Government and operated using a Coast Guard crew.
(5)
added Construction by a non-Federal entity of an icebreaker capable of such breaking out and missions, that will be leased by the Federal Government and operated by a crew of non-Federal employees.
(6)
added The acquisition of services from a non-Federal entity to perform such breaking out and missions.
(b)
added Included costs— For purposes of subsection (a), the cost of each alternative includes costs incurred by the Federal Government for—
(1)
added the lease or operation and maintenance of the vessel concerned;
(2)
added disposal of such vessel at the end of the useful life of the vessel;
(3)
added retirement and other benefits for Federal employees who operate such vessel; and
(4)
added interest payments assumed to be incurred for Federal capital expenditures.
(c)
added Assumptions— For purposes of comparing the costs of such alternatives, the Academy shall assume that—
(1)
added each vessel under consideration is—
(A)
added capable of breaking out of McMurdo Station, and conducting Coast Guard missions in the United States territory in the Arctic (as that term is defined in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111)); and
(B)
added operated for a period of 20 years;
(2)
added the acquisition of services and the operation of each vessel begin on the same date; and
(3)
added the periods for conducting Coast Guard missions in the Arctic are of equal lengths.

Sec. 509 Penalty wages

added
(a)
added Foreign and intercoastal voyages— Section 10313(g) of title 46, United States Code, is amended—
(1)
added in paragraph (2)—
(A)
added by striking “all claims in a class action suit by seamen” and inserting “each claim by a seaman”; and
(B)
added by striking “the seamen” and inserting “the seaman”; and
(2)
added in paragraph (3)—
(A)
added by striking “class action”; and
(B)
added in subparagraph (B), by striking “, by a seaman who is a claimant in the suit,” and inserting “by the seaman”.
(b)
added Coastwise voyages— Section 10504(c) of such title is amended—
(1)
added in paragraph (2)—
(A)
added by striking “all claims in a class action suit by seamen” and inserting “each claim by a seaman”; and
(B)
added by striking “the seamen” and inserting “the seaman”; and
(2)
added in paragraph (3)—
(A)
added by striking “class action”; and
(B)
added in subparagraph (B), by striking “, by a seaman who is a claimant in the suit,” and inserting “by the seaman”.

Sec. 510 Recourse for noncitizens

added

added Section 30104 of title 46, United States Code, is amended—

(1)
added by inserting “(a) In General.—” before the first sentence; and
(2)
added by adding at the end the following new subsection:

added “(b) Restriction on recovery for nonresident aliens employed on foreign passenger vessels—A claim for damages or expenses relating to personal injury, illness, or death of a seaman who is a citizen of a foreign nation, arising during or from the engagement of the seaman by or for a passenger vessel duly registered under the laws of a foreign nation, may not be brought under the laws of the United States if—

added “(1) such seaman was not a permanent resident alien of the United States at the time the claim arose;

added “(2) the injury, illness, or death arose outside the territorial waters of the United States; and

added “(3) the seaman or the seaman’s personal representative has or had a right to seek compensation for the injury, illness, or death in, or under the laws of—

added “(A) the nation in which the vessel was registered at the time the claim arose; or

added “(B) the nation in which the seaman maintained citizenship or residency at the time the claim arose.”