[112th Congress Public Law 213]
[From the U.S. Government Printing Office]
[[Page 1539]]
COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2012
[[Page 126 STAT. 1540]]
Public Law 112-213
112th Congress
An Act
To authorize appropriations for the Coast Guard for fiscal years 2013
through 2014, and for other purposes. <<NOTE: Dec. 20, 2012 - [H.R.
2838]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Coast Guard and
Maritime Transportation Act of 2012. 14 USC 1 note.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Coast Guard and
Maritime Transportation Act of 2012''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--AUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
TITLE II--COAST GUARD
Sec. 201. Interference with Coast Guard transmissions.
Sec. 202. Coast Guard authority to operate and maintain Coast Guard
assets.
Sec. 203. Limitation on expenditures.
Sec. 204. Academy pay, allowances, and emoluments.
Sec. 205. Policy on sexual harassment and sexual violence.
Sec. 206. Appointments of permanent commissioned officers.
Sec. 207. Selection boards; oath of members.
Sec. 208. Special selection boards; correction of errors.
Sec. 209. Prohibition of certain involuntary administrative separations.
Sec. 210. Major acquisitions.
Sec. 211. Advance procurement funding.
Sec. 212. Minor construction.
Sec. 213. Capital investment plan and annual list of projects to
Congress.
Sec. 214. Aircraft accident investigations.
Sec. 215. Coast Guard Auxiliary enrollment eligibility.
Sec. 216. Repeals.
Sec. 217. Technical corrections to title 14.
Sec. 218. Acquisition workforce expedited hiring authority.
Sec. 219. Renewal of temporary early retirement authority.
Sec. 220. Response Boat-Medium procurement.
Sec. 221. National Security Cutters.
Sec. 222. Coast Guard polar icebreakers.
TITLE III--SHIPPING AND NAVIGATION
Sec. 301. Identification of actions to enable qualified United States
flag capacity to meet national defense requirements.
Sec. 302. Limitation of liability for non-Federal vessel traffic service
operators.
Sec. 303. Survival craft.
Sec. 304. Classification societies.
Sec. 305. Dockside examinations.
Sec. 306. Authority to extend the duration of medical certificates.
Sec. 307. Clarification of restrictions on American Fisheries Act
vessels.
Sec. 308. Investigations by Secretary.
Sec. 309. Penalties.
[[Page 126 STAT. 1541]]
Sec. 310. United States Committee on the Marine Transportation System.
Sec. 311. Technical correction to title 46.
Sec. 312. Deepwater ports.
TITLE IV--MARITIME ADMINISTRATION AUTHORIZATION
Sec. 401. Short title.
Sec. 402. Authorization of appropriations for national security aspects
of the merchant marine for fiscal year 2013.
Sec. 403. Maritime environmental and technical assistance.
Sec. 404. Property for instructional purposes.
Sec. 405. Short sea transportation.
Sec. 406. Limitation of National Defense Reserve Fleet vessels to those
over 1,500 gross tons.
Sec. 407. Transfer of vessels to the National Defense Reserve Fleet.
Sec. 408. Clarification of heading.
Sec. 409. Mission of the Maritime Administration.
Sec. 410. Amendments relating to the National Defense Reserve Fleet.
Sec. 411. Requirement for barge design.
Sec. 412. Container-on-barge transportation.
Sec. 413. Department of Defense national strategic ports study and
Comptroller General studies and reports on strategic ports.
Sec. 414. Maritime workforce study.
Sec. 415. Maritime Administration vessel recycling contract award
practices.
TITLE V--PIRACY
Sec. 501. Short title.
Sec. 502. Training for use of force against piracy.
Sec. 503. Security of Government-impelled cargo.
Sec. 504. Actions taken to protect foreign-flagged vessels from piracy.
TITLE VI--MARINE DEBRIS
Sec. 601. Short title.
Sec. 602. Short title amendment; references.
Sec. 603. Purpose.
Sec. 604. NOAA Marine Debris Program.
Sec. 605. Repeal of obsolete provisions.
Sec. 606. Coordination.
Sec. 607. Confidentiality of submitted information.
Sec. 608. Definitions.
Sec. 609. Severe marine debris event determination.
TITLE VII--MISCELLANEOUS
Sec. 701. Distant water tuna fleet.
Sec. 702. Technical corrections.
Sec. 703. Extension of moratorium.
Sec. 704. Notice of arrival.
Sec. 705. Waivers.
Sec. 706. National Response Center notification requirements.
Sec. 707. Vessel determinations.
Sec. 708. Mille Lacs Lake, Minnesota.
Sec. 709. Transportation Worker Identification Credential process
reform.
Sec. 710. Investment amount.
Sec. 711. Integrated cross-border maritime law enforcement operations
between the United States and Canada.
Sec. 712. Bridge permits.
Sec. 713. Tonnage of Aqueos Acadian.
Sec. 714. Navigability determination.
Sec. 715. Coast Guard housing.
Sec. 716. Assessment of needs for additional Coast Guard presence in
high-latitude regions.
Sec. 717. Potential Place of Refuge.
Sec. 718. Merchant mariner medical evaluation program.
Sec. 719. Determinations.
Sec. 720. Impediments to the United States-flag registry.
Sec. 721. Arctic deepwater seaport.
Sec. 722. Risk assessment of transporting Canadian oil sands.
TITLE I--AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for each of fiscal years
2013 and 2014 for necessary expenses of the Coast Guard as follows:
[[Page 126 STAT. 1542]]
(1) For the operation and maintenance of the Coast Guard--
(A) $6,882,645,000 for fiscal year 2013; and
(B) $6,981,036,000 for fiscal year 2014;
of which $24,500,000 is authorized each fiscal year to be
derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990
(33 U.S.C. 2712(a)(5)).
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment related
thereto--
(A) $1,545,312,000 for fiscal year 2013; and
(B) $1,546,448,000 for fiscal year 2014;
to remain available until expended and of which $20,000,000 is
authorized each fiscal year to be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)).
(3) For the Coast Guard Reserve program, including personnel
and training costs, equipment, and services--
(A) $138,111,000 for fiscal year 2013; and
(B) $140,016,000 for fiscal year 2014.
(4) For environmental compliance and restoration of Coast
Guard vessels, aircraft, and facilities (other than parts and
equipment associated with operation and maintenance)--
(A) $16,699,000 for fiscal year 2013; and
(B) $16,701,000 for fiscal year 2014;
to remain available until expended.
(5) To the Commandant of the Coast Guard for research,
development, test, and evaluation of technologies, materials,
and human factors directly related to improving the performance
of the Coast Guard's mission with respect to search and rescue,
aids to navigation, marine safety, marine environmental
protection, enforcement of laws and treaties, ice operations,
oceanographic research, and defense readiness--
(A) $19,848,000 for fiscal year 2013; and
(B) $19,890,000 for fiscal year 2014.
(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--
(A) $16,000,000 for fiscal year 2013; and
(B) $16,000,000 for fiscal year 2014.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
(a) Active Duty Strength.--The Coast Guard is authorized an end-of-
year strength for active duty personnel of 47,000 for each of fiscal
years 2013 and 2014.
(b) Military Training Student Loads.--The Coast Guard is authorized
average military training student loads for each of fiscal years 2013
and 2014 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.
[[Page 126 STAT. 1543]]
TITLE II--COAST GUARD
SEC. 201. INTERFERENCE WITH COAST GUARD TRANSMISSIONS.
Section 88 of title 14, United States Code, is amended by adding at
the end the following:
``(e) An individual who knowingly and willfully operates a device
with the intention of interfering with the broadcast or reception of a
radio, microwave, or other signal (including a signal from a global
positioning system) transmitted, retransmitted, or augmented by the
Coast Guard for the purpose of maritime safety is--
``(1) guilty of a class E felony; and
``(2) subject to a civil penalty of not more than $1,000 per
day for each violation.''.
SEC. 202. COAST GUARD AUTHORITY TO OPERATE AND MAINTAIN COAST
GUARD ASSETS.
Section 93 of title 14, United States Code, is amended by adding at
the end the following:
``(e) Operation and Maintenance of Coast Guard Assets and
Facilities.--All authority, including programmatic budget authority, for
the operation and maintenance of Coast Guard vessels, aircraft, systems,
aids to navigation, infrastructure, and other assets or facilities shall
be allocated to and vested in the Coast Guard and the department in
which the Coast Guard is operating.''.
SEC. 203. LIMITATION ON EXPENDITURES.
Section 149(d) of title 14, United States Code, is amended by adding
at the end the following:
``(3) The amount of funds used under this subsection may not
exceed $100,000 in any fiscal year.''.
SEC. 204. ACADEMY PAY, ALLOWANCES, AND EMOLUMENTS.
Section 195 of title 14, United States Code, is amended--
(1) by striking ``person'' each place it appears and
inserting ``foreign national''; and
(2) by striking ``pay and allowances'' each place it appears
and inserting ``pay, allowances, and emoluments''.
SEC. 205. POLICY ON SEXUAL HARASSMENT AND SEXUAL VIOLENCE.
(a) Establishment.--Chapter 9 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 200. Policy on sexual harassment and sexual violence
``(a) Required Policy.--The Commandant of the Coast Guard shall
direct the Superintendent of the Coast Guard Academy to prescribe a
policy on sexual harassment and sexual violence applicable to the cadets
and other personnel of the Academy.
``(b) Matters To Be Specified in Policy.--The policy on sexual
harassment and sexual violence under this section shall include
specification of the following:
``(1) Programs to promote awareness of the incidence of
rape, acquaintance rape, and other sexual offenses of a criminal
nature that involve cadets or other Academy personnel.
``(2) Information about how the Coast Guard and the Academy
will protect the confidentiality of victims of sexual harassment
or sexual violence, including how any records,
[[Page 126 STAT. 1544]]
statistics, or reports intended for public release will be
formatted such that the confidentiality of victims is not
jeopardized.
``(3) Procedures that cadets and other Academy personnel
should follow in the case of an occurrence of sexual harassment
or sexual violence, including--
``(A) if the victim chooses to report an occurrence
of sexual harassment or sexual violence, a specification
of the person or persons to whom the alleged offense
should be reported and options for confidential
reporting, including written information to be given to
victims that explains how the Coast Guard and the
Academy will protect the confidentiality of victims;
``(B) a specification of any other person whom the
victim should contact; and
``(C) procedures on the preservation of evidence
potentially necessary for proof of criminal sexual
assault.
``(4) Procedures for disciplinary action in cases of
criminal sexual assault involving a cadet or other Academy
personnel.
``(5) Sanctions authorized to be imposed in a substantiated
case of sexual harassment or sexual violence involving a cadet
or other Academy personnel, including with respect to rape,
acquaintance rape, or other criminal sexual offense, whether
forcible or nonforcible.
``(6) Required training on the policy for all cadets and
other Academy personnel who process allegations of sexual
harassment or sexual violence involving a cadet or other Academy
personnel.
``(c) Assessment.--
``(1) In general.--The <<NOTE: Deadline.>> Commandant shall
direct the Superintendent to conduct at the Academy during each
Academy program year an assessment to determine the
effectiveness of the policies of the Academy with respect to
sexual harassment and sexual violence involving cadets or other
Academy personnel.
``(2) Biennial survey.--For the assessment at the Academy
under paragraph (1) with respect to an Academy program year that
begins in an odd-numbered calendar year, the Superintendent
shall conduct a survey of cadets and other Academy personnel--
``(A) to measure--
``(i) the incidence, during that program year,
of sexual harassment and sexual violence events,
on or off the Academy reservation, that have been
reported to an official of the Academy; and
``(ii) the incidence, during that program
year, of sexual harassment and sexual violence
events, on or off the Academy reservation, that
have not been reported to an official of the
Academy; and
``(B) to assess the perceptions of the cadets and
other Academy personnel with respect to--
``(i) the Academy's policies, training, and
procedures on sexual harassment and sexual
violence involving cadets or other Academy
personnel;
``(ii) the enforcement of such policies;
[[Page 126 STAT. 1545]]
``(iii) the incidence of sexual harassment and
sexual violence involving cadets or other Academy
personnel; and
``(iv) any other issues relating to sexual
harassment and sexual violence involving cadets or
other Academy personnel.
``(d) Report.--
``(1) In general.--The Commandant shall direct the
Superintendent to submit to the Commandant a report on sexual
harassment and sexual violence involving cadets or other Academy
personnel for each Academy program year.
``(2) Report specifications.--Each report under paragraph
(1) shall include, for the Academy program year covered by the
report, the following:
``(A) The number of sexual assaults, rapes, and
other sexual offenses involving cadets or other Academy
personnel that have been reported to Academy officials
during the Academy program year and, of those reported
cases, the number that have been substantiated.
``(B) A plan for the actions that are to be taken in
the following Academy program year regarding prevention
of and response to sexual harassment and sexual violence
involving cadets or other Academy personnel.
``(3) Biennial survey.--Each report under paragraph (1) for
an Academy program year that begins in an odd-numbered calendar
year shall include the results of the survey conducted in that
Academy program year under subsection (c)(2).
``(4) Transmission of report.--The Commandant shall transmit
each report received by the Commandant under this subsection,
together with the Commandant's comments on the report, to--
``(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(B) the Committee on Transportation and
Infrastructure of the House of Representatives.
``(5) Focus groups.--
``(A) In general.--For each Academy program year
with respect to which the Superintendent is not required
to conduct a survey at the Academy under subsection
(c)(2), the Commandant shall require focus groups to be
conducted at the Academy for the purposes of
ascertaining information relating to sexual assault and
sexual harassment issues at the Academy.
``(B) Inclusion in reports.--Information derived
from a focus group under subparagraph (A) shall be
included in the next transmitted Commandant's report
under this subsection.
``(e) Victim Confidentiality.--To the extent that information
collected under the authority of this section is reported or otherwise
made available to the public, such information shall be provided in a
form that is consistent with applicable privacy protections under
Federal law and does not jeopardize the confidentiality of victims.''.
(b) Clerical Amendment.--The analysis for chapter 9 of title 14,
United States Code, is amended by inserting after the item relating to
section 199 the following:
``200. Policy on sexual harassment and sexual violence.''.
[[Page 126 STAT. 1546]]
SEC. 206. APPOINTMENTS OF PERMANENT COMMISSIONED OFFICERS.
Section 211 of title 14, United States Code, is amended by adding at
the end the following:
``(d) <<NOTE: Definition.>> For the purposes of this section, the
term `original', with respect to the appointment of a member of the
Coast Guard, refers to that member's most recent appointment in the
Coast Guard that is neither a promotion nor a demotion.''.
SEC. 207. SELECTION BOARDS; OATH OF MEMBERS.
Section 254 of title 14, United States Code, is amended to read as
follows:
``Sec. 254. Selection boards; oath of members
``Each member of a selection board shall swear--
``(1) that the member will, without prejudice or partiality,
and having in view both the special fitness of officers and the
efficiency of the Coast Guard, perform the duties imposed upon
the member; and
``(2) an oath in accordance with section 635.''.
SEC. 208. SPECIAL SELECTION BOARDS; CORRECTION OF ERRORS.
(a) In General.--Chapter 11 of title 14, United States Code, is
amended by inserting after section 262 the following:
``Sec. 263. Special selection boards; correction of errors
``(a) Officers Not Considered Due to Administrative Error.--
``(1) In general.--If <<NOTE: Determination.>> the Secretary
determines that as the result of an administrative error--
``(A) an officer or former officer was not
considered for selection for promotion by a selection
board convened under section 251; or
``(B) the name of an officer or former officer was
not placed on an all-fully-qualified-officers list;
the Secretary shall convene a special selection board to
determine whether such officer or former officer should be
recommended for promotion and such officer or former officer
shall not be considered to have failed of selection for
promotion prior to the consideration of the special selection
board.
``(2) Effect of failure to recommend for promotion.--If a
special selection board convened under paragraph (1) does not
recommend for promotion an officer or former officer, whose
grade is below the grade of captain and whose name was referred
to that board for consideration, the officer or former officer
shall be considered to have failed of selection for promotion.
``(b) Officers Considered But Not Selected; Material Error.--
``(1) In general.--In <<NOTE: Determination.>> the case of
an officer or former officer who was eligible for promotion, was
considered for selection for promotion by a selection board
convened under section 251, and was not selected for promotion
by that board, the Secretary may convene a special selection
board to determine whether the officer or former officer should
be recommended for promotion, if the Secretary determines that--
``(A) an action of the selection board that
considered the officer or former officer--
[[Page 126 STAT. 1547]]
``(i) was contrary to law in a matter material
to the decision of the board; or
``(ii) involved material error of fact or
material administrative error; or
``(B) the selection board that considered the
officer or former officer did not have before it for
consideration material information.
``(2) Effect of failure to recommend for promotion.--If a
special selection board convened under paragraph (1) does not
recommend for promotion an officer or former officer, whose
grade is that of commander or below and whose name was referred
to that board for consideration, the officer or former officer
shall be considered--
``(A) to have failed of selection for promotion with
respect to the board that considered the officer or
former officer prior to the consideration of the special
selection board; and
``(B) to incur no additional failure of selection
for promotion as a result of the action of the special
selection board.
``(c) Requirements for Special Selection Boards.--Each special
selection board convened under this section shall--
``(1) be composed in accordance with section 252 and the
members of the board shall be required to swear the oaths
described in section 254;
``(2) consider the record of an applicable officer or former
officer as that record, if corrected, would have appeared to the
selection board that should have considered or did consider the
officer or former officer prior to the consideration of the
special selection board and that record shall be compared with a
sampling of the records of--
``(A) those officers of the same grade who were
recommended for promotion by such prior selection board;
and
``(B) those officers of the same grade who were not
recommended for promotion by such prior selection board;
and
``(3) <<NOTE: Reports.>> submit to the Secretary a written
report in a manner consistent with sections 260 and 261.
``(d) Appointment of Officers Recommended for Promotion.--
``(1) In general.--An officer or former officer whose name
is placed on a promotion list as a result of the recommendation
of a special selection board convened under this section shall
be appointed, as soon as practicable, to the next higher grade
in accordance with the law and policies that would have been
applicable to the officer or former officer had the officer or
former officer been recommended for promotion by the selection
board that should have considered or did consider the officer or
former officer prior to the consideration of the special
selection board.
``(2) Effect.--An officer or former officer who is promoted
to the next higher grade as a result of the recommendation of a
special selection board convened under this section shall have,
upon such promotion, the same date of rank, the same effective
date for the pay and allowances of that grade, and the same
position on the active duty promotion list as the
[[Page 126 STAT. 1548]]
officer or former officer would have had if the officer or
former officer had been recommended for promotion to that grade
by the selection board that should have considered or did
consider the officer or former officer prior to the
consideration of the special selection board.
``(3) Record correction.--If <<NOTE: President.>> the report
of a special selection board convened under this section, as
approved by the President, recommends for promotion to the next
higher grade an officer not eligible for promotion or a former
officer whose name was referred to the board for consideration,
the Secretary may act under section 1552 of title 10 to correct
the military record of the officer or former officer to correct
an error or remove an injustice resulting from the officer or
former officer not being selected for promotion by the selection
board that should have considered or did consider the officer or
former officer prior to the consideration of the special
selection board.
``(e) <<NOTE: Regulations.>> Application Process and Time Limits.--
The Secretary shall issue regulations regarding the process by which an
officer or former officer may apply to have a matter considered by a
special selection board convened under this section, including time
limits related to such applications.
``(f) Limitation of Other Jurisdiction.--No official or court of the
United States shall have authority or jurisdiction over any claim based
in any way on the failure of an officer or former officer to be selected
for promotion by a selection board convened under section 251, until--
``(1) the claim has been referred to a special selection
board convened under this section and acted upon by that board;
or
``(2) the claim has been rejected by the Secretary without
consideration by a special selection board convened under this
section.
``(g) Judicial Review.--
``(1) In general.--A court of the United States may review--
``(A) a decision of the Secretary not to convene a
special selection board under this section to determine
if the court finds that the decision of the Secretary
was arbitrary or capricious, not based on substantial
evidence, or otherwise contrary to law; and
``(B) an action of a special selection board under
this section to determine if the court finds that the
action of the special selection board was contrary to
law or involved material error of fact or material
administrative error.
``(2) Remand and reconsideration.--If, with respect to a
review under paragraph (1), a court makes a finding described in
subparagraph (A) or (B) of that paragraph, the court shall
remand the case to the Secretary and the Secretary shall provide
the applicable officer or former officer consideration by a new
special selection board convened under this section.
``(h) Designation of Boards.--The Secretary may designate a
selection board convened under section 251 as a special selection board
convened under this section. A selection board so designated may
function in the capacity of a selection board convened under section 251
and a special selection board convened under this section.''.
[[Page 126 STAT. 1549]]
(b) Selection Boards; Submission of Reports.--Section 261(d) of
title 14, United States Code, is amended by striking ``selection board''
and inserting ``selection board, including a special selection board
convened under section 263,''.
(c) Failure of Selection for Promotion.--Section 262 of title 14,
United States Code, is amended to read as follows:
``Sec. 262. Failure of selection for promotion
``An <<NOTE: President.>> officer, other than an officer serving in
the grade of captain, who is, or is senior to, the junior officer in the
promotion zone established for his grade under section 256 of this
title, fails of selection if he is not selected for promotion by the
selection board which considered him, or if having been recommended for
promotion by the board, his name is thereafter removed from the report
of the board by the President.''.
(d) Clerical Amendment.--The analysis for chapter 11 of title 14,
United States Code, is amended by inserting after the item relating to
section 262 the following:
``263. Special selection boards; correction of errors.''.
(e) Applicability; Rule of Construction.--
(1) Applicability.--The <<NOTE: Effective date. Time
period. 14 USC 261 note.>> amendments made by this section shall
take effect on the date of enactment of this Act and the
Secretary may convene a special selection board on or after that
date under section 263 of title 14, United States Code, with
respect to any error or other action for which such a board may
be convened if that error or other action occurred on or after
the date that is 1 year before the date of enactment of this
Act.
(2) Rule of construction.--Sections <<NOTE: 14 USC 271
note.>> 271, 272, and 273 of title 14, United States Code, apply
to the activities of--
(A) a selection board convened under section 251 of
such title; and
(B) a special selection board convened under section
263 of such title.
SEC. 209. PROHIBITION OF CERTAIN INVOLUNTARY ADMINISTRATIVE
SEPARATIONS.
(a) In General.--Chapter 11 of title 14, United States Code, as
amended by this Act, is further amended by inserting after section 426
the following:
``Sec. 427. Prohibition of certain involuntary administrative
separations
``(a) In General.--Except as provided in subsection (b), the
Secretary may not authorize the involuntary administrative separation of
a covered individual based on a determination that the covered
individual is unsuitable for deployment or other assignment due to a
medical condition of the covered individual considered by a Physical
Evaluation Board during an evaluation of the covered individual that
resulted in the covered individual being determined to be fit for duty.
``(b) Reevaluation.--
``(1) In general.--The Secretary may require a Physical
Evaluation Board to reevaluate any covered individual if the
Secretary determines there is reason to believe that a medical
condition of the covered individual considered by a Physical
[[Page 126 STAT. 1550]]
Evaluation Board during an evaluation of the covered individual
renders the covered individual unsuitable for continued duty.
``(2) Retirements and separations.--A covered individual who
is determined, based on a reevaluation under paragraph (1), to
be unfit to perform the duties of the covered individual's
office, grade, rank, or rating may be retired or separated for
physical disability under this chapter.
``(c) Covered Individual Defined.--In this section, the term
`covered individual' means any member of the Coast Guard who has been
determined by a Physical Evaluation Board, pursuant to a physical
evaluation by that board, to be fit for duty.''.
(b) Clerical Amendment.--The analysis for chapter 11 of title 14,
United States Code, as amended by this Act, is further amended by
inserting after the item relating to section 426 the following:
``427. Prohibition of certain involuntary administrative separations.''.
SEC. 210. MAJOR ACQUISITIONS.
(a) In General.--Subchapter I of chapter 15 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 569a. Major acquisitions
``(a) In General.--In <<NOTE: Reports.>> conjunction with the
transmittal by the President to Congress of the budget of the United
States for fiscal year 2014 and biennially thereafter, the Secretary
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report on the status of all major
acquisition programs.
``(b) Information To Be Included.--Each report under subsection (a)
shall include for each major acquisition program--
``(1) a statement of the Coast Guard's mission needs and
performance goals relating to such program, including a
justification for any change to those needs and goals subsequent
to a report previously submitted under this section;
``(2) a justification explaining how the projected number
and capabilities of assets acquired under such program meet
applicable mission needs and performance goals;
``(3) an identification of any and all mission hour gaps,
accompanied by an explanation of how and when the Coast Guard
will close those gaps;
``(4) an identification of any changes with respect to such
program, including--
``(A) any changes to the timeline for the
acquisition of each new asset and the phaseout of legacy
assets; and
``(B) any changes to--
``(i) the costs of new assets or legacy assets
for that fiscal year or future fiscal years; or
``(ii) the total acquisition cost;
``(5) a justification explaining how any change to such
program fulfills the mission needs and performance goals of the
Coast Guard;
``(6) a description of how the Coast Guard is planning for
the integration of each new asset acquired under such program
into the Coast Guard, including needs related to shore-based
infrastructure and human resources;
[[Page 126 STAT. 1551]]
``(7) an identification of how funds in the applicable
fiscal year's budget request will be allocated, including
information on the purchase of specific assets;
``(8) a projection of the remaining operational lifespan and
life-cycle cost of each legacy asset that also identifies any
anticipated resource gaps;
``(9) a detailed explanation of how the costs of legacy
assets are being accounted for within such program; and
``(10) an annual performance comparison of new assets to
legacy assets.
``(c) Adequacy of Acquisition Workforce.--Each report under
subsection (a) shall--
``(1) include information on the scope of the acquisition
activities to be performed in the next fiscal year and on the
adequacy of the current acquisition workforce to meet that
anticipated workload;
``(2) specify the number of officers, members, and employees
of the Coast Guard currently and planned to be assigned to each
position designated under section 562(c) of this subchapter; and
``(3) identify positions that are or will be understaffed
and actions that will be taken to correct such understaffing.
``(d) Cutters Not Maintained in Class.--Each report under subsection
(a) shall identify which, if any, Coast Guard cutters that have been
issued a certificate of classification by the American Bureau of
Shipping have not been maintained in class, with an explanation
detailing the reasons why the cutters have not been maintained in class.
``(e) Major Acquisition Program Defined.--In this section, the term
`major acquisition program' means an ongoing acquisition undertaken by
the Coast Guard with a life-cycle cost estimate greater than or equal to
$300,000,000.''.
(b) Clerical Amendment.--The analysis for chapter 15 of title 14,
United States Code, is amended by inserting after the item relating to
section 569 the following:
``569a. Major acquisitions.''.
(c) Repeals.--
(1) Section 408(a) of the Coast Guard and Maritime
Transportation Act of 2006 (14 U.S.C. 663 note) is repealed.
(2) Title 14, United States Code, is amended--
(A) in section 562, by repealing subsection (e); and
(B) in section 573(c)(3), by repealing subparagraph
(B).
SEC. 211. ADVANCE PROCUREMENT FUNDING.
(a) In General.--Subchapter II of chapter 15 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 577. Advance procurement funding
``(a) In General.--With respect to any Coast Guard vessel for which
amounts are appropriated and any amounts otherwise made available for
vessels for the Coast Guard in any fiscal year, the Commandant of the
Coast Guard may enter into a contract or place an order, in advance of a
contract or order for construction of a vessel, for--
``(1) materials, parts, components, and labor for the
vessel;
[[Page 126 STAT. 1552]]
``(2) the advance construction of parts or components for
the vessel;
``(3) protection and storage of materials, parts, or
components for the vessel; and
``(4) production planning, design, and other related support
services that reduce the overall procurement lead time of the
vessel.
``(b) Use of Materials, Parts, and Components Manufactured in the
United States.--In entering into contracts and placing orders under
subsection (a), the Commandant may give priority to persons that
manufacture materials, parts, and components in the United States.''.
(b) Clerical Amendment.--The analysis for chapter 15 of title 14,
United States Code, as amended by this Act, is further amended by
inserting after the item relating to section 576 the following:
``577. Advance procurement funding.''.
SEC. 212. MINOR CONSTRUCTION.
(a) In General.--Section 656 of title 14, United States Code, is
amended by adding at the end the following:
``(d) Minor Construction and Improvement.--
``(1) In general.--Subject to the reporting requirements set
forth in paragraph (2), each fiscal year the Secretary may
expend from amounts made available for the operating expenses of
the Coast Guard not more than $1,500,000 for minor construction
and improvement projects at any location.
``(2) Reporting requirements.--Not later than 90 days after
the end of each fiscal year, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a report on each project undertaken
during the course of the preceding fiscal year for which the
amount expended under paragraph (1) exceeded $500,000.''.
(b) Clerical Amendments.--
(1) Heading.--Section 656 of title 14, United States Code,
as amended by this Act, is further amended by striking the
section designation and heading and inserting the following:
``Sec. 656. Use of certain appropriated funds''.
(2) Analysis.--The analysis for chapter 17 of title 14,
United States Code, is amended by striking the item relating to
section 656 and inserting the following:
``656. Use of certain appropriated funds.''.
SEC. 213. CAPITAL INVESTMENT PLAN AND ANNUAL LIST OF PROJECTS TO
CONGRESS.
(a) Capital Investment Plan.--Section 663 of title 14, United States
Code, is amended to read as follows:
``Sec. 663. Capital investment plan
``(a) In General.--On the date on which the President submits to
Congress a budget pursuant to section 1105 of title 31, the Commandant
of the Coast Guard shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate--
[[Page 126 STAT. 1553]]
``(1) a capital investment plan for the Coast Guard that
identifies for each capital asset for which appropriations are
proposed in that budget--
``(A) the proposed appropriations included in the
budget;
``(B) the total estimated cost of completion;
``(C) projected funding levels for each fiscal year
for the next 5 fiscal years or until project completion,
whichever is earlier;
``(D) an estimated completion date at the projected
funding levels; and
``(E) an acquisition program baseline, as
applicable; and
``(2) a list of each unfunded priority for the Coast Guard.
``(b) Unfunded Priority Defined.--In this section, the term
`unfunded priority' means a program or mission requirement that--
``(1) has not been selected for funding in the applicable
proposed budget;
``(2) is necessary to fulfill a requirement associated with
an operational need; and
``(3) the Commandant would have recommended for inclusion in
the applicable proposed budget had additional resources been
available or had the requirement emerged before the budget was
submitted.''.
(b) Annual List of Projects to Congress.--Section 693 of title 14,
United States Code, is amended to read as follows:
``Sec. 693. Annual list of projects to Congress
``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
prioritized list of projects eligible for environmental compliance and
restoration funding for each fiscal year concurrent with the President's
budget submission for that fiscal year.''.
(c) Clerical and Conforming Amendments.--
(1) Analysis for chapter 17.--The analysis for chapter 17 of
title 14, United States Code, as amended by this Act, is further
amended by striking the item relating to section 663 and
inserting the following:
``663. Capital investment plan.''.
(2) Analysis for chapter 19.--The analysis for chapter 19 of
title 14, United States Code, is amended by striking the item
relating to section 693 and inserting the following:
``693. Annual list of projects to Congress.''.
(3) <<NOTE: Repeal.>> Coast guard authorization act of
2010.--Section 918 of the Coast Guard Authorization Act of 2010
(14 U.S.C. 663 note), and the item relating to that section in
the table of contents in section 1(b) of that Act, are repealed.
SEC. 214. AIRCRAFT ACCIDENT INVESTIGATIONS.
(a) In General.--Chapter 17 of title 14, United States Code, is
amended by adding at the end the following:
[[Page 126 STAT. 1554]]
``Sec. 678. Aircraft accident investigations
``(a) In General.--Whenever <<NOTE: Records. Reports.>> the
Commandant of the Coast Guard conducts an accident investigation of an
accident involving an aircraft under the jurisdiction of the Commandant,
the records and report of the investigation shall be treated in
accordance with this section.
``(b) Public Disclosure of Certain Accident Investigation
Information.--
``(1) In general.--Subject to paragraph (2), the Commandant,
upon request, shall publicly disclose unclassified tapes,
scientific reports, and other factual information pertinent to
an aircraft accident investigation.
``(2) Conditions.--The <<NOTE: Determination.>> Commandant
shall only disclose information requested pursuant to paragraph
(1) if the Commandant determines--
``(A) that such tapes, reports, or other information
would be included within and releasable with the final
accident investigation report; and
``(B) that release of such tapes, reports, or other
information--
``(i) would not undermine the ability of
accident or safety investigators to continue to
conduct the investigation; and
``(ii) would not compromise national security.
``(3) Restriction.--A disclosure under paragraph (1) may not
be made by or through officials with responsibility for, or who
are conducting, a safety investigation with respect to the
accident.
``(c) Opinions Regarding Causation of Accident.--Following an
aircraft accident referred to in subsection (a)--
``(1) if the evidence surrounding the accident is sufficient
for the investigators who conduct the accident investigation to
come to an opinion as to the cause or causes of the accident,
the final report of the accident investigation shall set forth
the opinion of the investigators as to the cause or causes of
the accident; and
``(2) if the evidence surrounding the accident is not
sufficient for the investigators to come to an opinion as to the
cause or causes of the accident, the final report of the
accident investigation shall include a description of those
factors, if any, that, in the opinion of the investigators,
substantially contributed to or caused the accident.
``(d) Use of Information in Civil or Criminal Proceedings.--For
purposes of any civil or criminal proceeding arising from an aircraft
accident referred to in subsection (a), any opinion of the accident
investigators as to the cause of, or the factors contributing to, the
accident set forth in the accident investigation report may not be
considered as evidence in such proceeding, nor may such report be
considered an admission of liability by the United States or by any
person referred to in such report.
``(e) Definitions.--For purposes of this section--
``(1) the term `accident investigation' means any form of
investigation by Coast Guard personnel of an aircraft accident
referred to in subsection (a), other than a safety
investigation; and
``(2) the term `safety investigation' means an investigation
by Coast Guard personnel of an aircraft accident referred to
[[Page 126 STAT. 1555]]
in subsection (a) that is conducted solely to determine the
cause of the accident and to obtain information that may prevent
the occurrence of similar accidents.''.
(b) Clerical Amendment.--The analysis for chapter 17 of title 14,
United States Code, as amended by this Act, is further amended by adding
at the end the following:
``678. Aircraft accident investigations.''.
SEC. 215. COAST GUARD AUXILIARY ENROLLMENT ELIGIBILITY.
(a) In General.--Section 823 of title 14, United States Code, is
amended to read as follows:
``Sec. 823. Eligibility; enrollments
``The Auxiliary shall be composed of nationals of the United States,
as defined in section 101(a)(22) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(22)), and 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--
``(A) are owners, sole or part, of motorboats,
yachts, aircraft, or radio stations; or
``(B) by reason of their special training or
experience are deemed by the Commandant to be qualified
for duty in the Auxiliary; and
``(2) who may be enrolled therein pursuant to applicable
regulations.''.
(b) Clerical Amendment.--The analysis for chapter 23 of title 14,
United States Code, is amended by striking the item relating to section
823 and inserting the following:
``823. Eligibility; enrollments.''.
SEC. 216. REPEALS.
(a) District Ombudsmen.--Section 55 of title 14, United States Code,
and the item relating to such section in the analysis for chapter 3 of
such title, are repealed.
(b) Cooperation With Respect to Aids to Air Navigation.--Section 82
of title 14, United States Code, and the item relating to such section
in the analysis for chapter 5 of such title, are repealed.
(c) Ocean Stations.--Section 90 of title 14, United States Code, and
the item relating to such section in the analysis for chapter 5 of such
title, are repealed.
(d) Detail of Members To Assist Foreign Governments.--Section 149(a)
of title 14, United States Code, is amended by striking the second and
third sentences.
(e) Advisory Committee.--Section 193 of title 14, United States
Code, and the item relating to such section in the analysis for chapter
9 of such title, are repealed.
(f) History Fellowships.--Section 198 of title 14, United States
Code, and the item relating to such section in the analysis for chapter
9 of such title, are repealed.
SEC. 217. TECHNICAL CORRECTIONS TO TITLE 14.
Title 14, United States Code, as amended by this Act, is further
amended--
(1) by amending chapter 1 to read as follows:
[[Page 126 STAT. 1556]]
``CHAPTER 1--ESTABLISHMENT AND DUTIES
``Sec.
``1. Establishment of Coast Guard.
``2. Primary duties.
``3. Department in which the Coast Guard operates.
``4. Secretary defined.
``Sec. 1. Establishment of Coast Guard
``The Coast Guard, established January 28, 1915, shall be a military
service and a branch of the armed forces of the United States at all
times.
``Sec. 2. Primary duties
``The Coast Guard shall--
``(1) enforce or assist in the enforcement of all applicable
Federal laws on, under, and over the high seas and waters
subject to the jurisdiction of the United States;
``(2) engage in maritime air surveillance or interdiction to
enforce or assist in the enforcement of the laws of the United
States;
``(3) administer laws and promulgate and enforce regulations
for the promotion of safety of life and property on and under
the high seas and waters subject to the jurisdiction of the
United States, covering all matters not specifically delegated
by law to some other executive department;
``(4) develop, establish, maintain, and operate, with due
regard to the requirements of national defense, aids to maritime
navigation, icebreaking facilities, and rescue facilities for
the promotion of safety on, under, and over the high seas and
waters subject to the jurisdiction of the United States;
``(5) pursuant to international agreements, develop,
establish, maintain, and operate icebreaking facilities on,
under, and over waters other than the high seas and waters
subject to the jurisdiction of the United States;
``(6) engage in oceanographic research of the high seas and
in waters subject to the jurisdiction of the United States; and
``(7) maintain a state of readiness to function as a
specialized service in the Navy in time of war, including the
fulfillment of Maritime Defense Zone command responsibilities.
``Sec. 3. Department in which the Coast Guard operates
``(a) In General.--The Coast Guard shall be a service in the
Department of Homeland Security, except when operating as a service in
the Navy.
``(b) Transfers.--Upon <<NOTE: President.>> the declaration of war
if Congress so directs in the declaration or when the President directs,
the Coast Guard shall operate as a service in the Navy, and shall so
continue until the President, by Executive order, transfers the Coast
Guard back to the Department of Homeland Security. While operating as a
service in the Navy, the Coast Guard shall be subject to the orders of
the Secretary of the Navy, who may order changes in Coast Guard
operations to render them uniform, to the extent such Secretary deems
advisable, with Navy operations.
``(c) Operation as a Service in the Navy.--Whenever the Coast Guard
operates as a service in the Navy--
[[Page 126 STAT. 1557]]
``(1) applicable appropriations of the Navy Department shall
be available for the expense of the Coast Guard;
``(2) applicable appropriations of the Coast Guard shall be
available for transfer to the Navy Department;
``(3) precedence between commissioned officers of
corresponding grades in the Coast Guard and the Navy shall be
determined by the date of rank stated by their commissions in
those grades;
``(4) personnel of the Coast Guard shall be eligible to
receive gratuities, medals, and other insignia of honor on the
same basis as personnel in the naval service or serving in any
capacity with the Navy; and
``(5) the Secretary may place on furlough any officer of the
Coast Guard and officers on furlough shall receive one half of
the pay to which they would be entitled if on leave of absence,
but officers of the Coast Guard Reserve shall not be so placed
on furlough.
``Sec. 4. Secretary defined
``In this title, the term `Secretary' means the Secretary of the
respective department in which the Coast Guard is operating.'';
(2) in section 95(c), by striking ``of Homeland Security'';
(3) in section 259(c)(1), by striking ``After selecting''
and inserting ``In selecting'';
(4) in section 286a(d), by striking ``severance pay'' each
place it appears and inserting ``separation pay'';
(5) in the second sentence of section 290(a), by striking
``in the grade of vice admiral'' and inserting ``in or above the
grade of vice admiral'';
(6) in section 516(a), by striking ``of Homeland Security'';
(7) by amending section 564 to read as follows:
``Sec. 564. Prohibition on use of lead systems integrators
``(a) In General.--
``(1) Use of lead systems integrator.--The Commandant may
not use a private sector entity as a lead systems integrator.
``(2) Full and open competition.--The Commandant shall use
full and open competition for any acquisition contract unless
otherwise excepted in accordance with Federal acquisition laws
and regulations promulgated under those laws, including the
Federal Acquisition Regulation.
``(3) No effect on small business act.--Nothing in this
subsection shall be construed to supersede or otherwise affect
the authorities provided by and under the Small Business Act (15
U.S.C. 631 et seq.).
``(b) Limitation on Financial Interest in Subcontractors.--Neither
an entity performing lead systems integrator functions for a Coast Guard
acquisition nor a Tier 1 subcontractor for any acquisition may have a
financial interest in a subcontractor below the Tier 1 subcontractor
level unless--
``(1) the subcontractor was selected by the prime contractor
through full and open competition for such procurement;
``(2) the procurement was awarded by an entity performing
lead systems integrator functions or a subcontractor through
full and open competition;
[[Page 126 STAT. 1558]]
``(3) the procurement was awarded by a subcontractor through
a process over which the entity performing lead systems
integrator functions or a Tier 1 subcontractor exercised no
control; or
``(4) the Commandant has determined that the procurement was
awarded in a manner consistent with Federal acquisition laws and
regulations promulgated under those laws, including the Federal
Acquisition Regulation.'';
(8) in section 569(a), by striking ``and annually
thereafter,'';
(9) in the analysis for chapter 17--
(A) by striking the item relating to section 669 and
inserting the following:
``669. Telephone installation and charges.''; and
(B) by striking the item relating to section 674 and
inserting the following:
``674. Small boat station rescue capability.'';
(10) in section 666(a), by striking ``of Homeland Security''
and inserting ``of the department in which the Coast Guard is
operating'';
(11) in section 673(a)(3), by striking ``of Homeland
Security (when the Coast Guard is not operating as a service in
the Navy)'';
(12) in section 674, by striking ``of Homeland Security'';
(13) in section 675(a), by striking ``Secretary'' and all
that follows through ``may not'' and inserting ``Secretary may
not''; and
(14) in the first sentence of section 740(d), by striking
``that appointment'' and inserting ``that appointment to the
Reserve''.
SEC. 218. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.
Section 404 of the Coast Guard Authorization Act of 2010 (Public Law
111-281; 124 Stat. 2950) is amended--
(1) in subsection (a)(1), by striking ``as shortage category
positions;'' and inserting ``as positions for which there exists
a shortage of candidates or there is a critical hiring need;'';
(2) in subsection (b)--
(A) by striking ``paragraph'' and inserting
``section''; and
(B) by striking ``2012.'' and inserting ``2015.'';
and
(3) in subsection (c), by striking ``section 562(d) of title
14, United States Code, as added by this title,'' and inserting
``section 569a of title 14, United States Code,''.
SEC. 219. <<NOTE: 10 USC 1293 note.>> RENEWAL OF TEMPORARY EARLY
RETIREMENT AUTHORITY.
For fiscal years 2013 through 2018--
(1) <<NOTE: Applicability.>> notwithstanding subsection
(c)(2)(A) of section 4403 of the National Defense Authorization
Act for Fiscal Year 1993 (10 U.S.C. 1293 note), such section
shall apply to the Coast Guard in the same manner and to the
same extent it applies to the Department of Defense, except
that--
(A) the Secretary of Homeland Security shall
implement such section with respect to the Coast Guard
and, for purposes of that implementation, shall apply
the applicable provisions of title 14, United States
Code, relating to retirement of Coast Guard personnel;
and
[[Page 126 STAT. 1559]]
(B) the total number of commissioned officers who
retire pursuant to this section may not exceed 200, and
the total number of enlisted members who retire pursuant
to this section may not exceed 300; and
(2) only appropriations available for necessary expenses for
the operation and maintenance of the Coast Guard shall be
expended for the retired pay of personnel who retire pursuant to
this section.
SEC. 220. RESPONSE BOAT-MEDIUM PROCUREMENT.
(a) Requirement To Fulfill Approved Program of Record.--Except as
provided in subsection (b), the Commandant of the Coast Guard shall
maintain the schedule and requirements for the total acquisition of 180
boats as specified in the approved program of record for the Response
Boat-Medium acquisition program in effect on June 1, 2012.
(b) Applicability.--Subsection (a) shall not apply on and after the
date on which the Commandant submits to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate such documentation
as the Coast Guard Major Systems Acquisition Manual requires to justify
reducing the approved program of record for Response Boat-Medium to a
total acquisition of less than 180 boats.
SEC. 221. <<NOTE: 14 USC 573 note.>> NATIONAL SECURITY CUTTERS.
(a) In General.--
(1) Multiyear authority.--In <<NOTE: Contracts.>> fiscal
year 2013 and each fiscal year thereafter, the Secretary of the
department in which the Coast Guard is operating may enter into,
in accordance with section 2306b of title 10, United States
Code, a multiyear contract for the procurement of Coast Guard
National Security Cutters and Government-furnished equipment
associated with the National Security Cutter program.
(2) Limitation.--The <<NOTE: Time
period. Certification.>> Secretary may not enter into a contract
under paragraph (1) until the date that is 30 days after the
date the Secretary submits to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a certification that the Secretary has made,
with respect to the contract, each of the findings specified
under section 2306b(a) of title 10, United States Code, and has
done so in accordance with paragraph (3) of this subsection.
(3) <<NOTE: Analysis.>> Determination of substantial
savings.--For purposes of this section, in conducting an
analysis with respect to substantial savings under section
2306b(a)(1) of title 10, United States Code, the Secretary--
(A) may not limit the analysis to a simple
percentage-based metric; and
(B) shall employ a full-scale analysis of cost
avoidance--
(i) based on a multiyear procurement; and
(ii) taking into account the potential benefit
any accrued savings might have for future
shipbuilding programs if the cost avoidance
savings were subsequently utilized for further
ship construction.
[[Page 126 STAT. 1560]]
(b) Certificate To Operate.--The Commandant of the Coast Guard may
not certify a sixth National Security Cutter as Ready for Operations
before the Commandant has--
(1) <<NOTE: Plans.>> submitted to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives program execution plans detailing--
(A) how the first 3 National Security Cutters will
achieve the goal of 225 days away from homeport in
fiscal years following the completion of the Structural
Enhancement Drydock Availability of the first 2 National
Security Cutters; and
(B) increased aerial coverage to support National
Security Cutter operations; and
(2) <<NOTE: Contracts.>> awarded a contract for detailed
design and construction for the Offshore Patrol Cutter.
SEC. 222. COAST GUARD POLAR ICEBREAKERS.
(a) In General.--The <<NOTE: Analysis. Termination date.>> Secretary
of the department in which the Coast Guard is operating shall conduct a
business case analysis of the options for and costs of reactivating and
extending the service life of the Polar Sea until at least September 30,
2022, to maintain United States polar icebreaking capabilities and
fulfill the Coast Guard's high latitude mission needs, as identified in
the Coast Guard's July 2010, High Latitude Study Mission Analysis
Report, during the Coast Guard's recapitalization of its polar class
icebreaker fleet. The analysis shall include--
(1) an assessment of the current condition of the Polar Sea;
(2) a determination of the Polar Sea's operational
capabilities with respect to fulfilling the Coast Guard's high
latitude operating requirements if renovated and reactivated;
(3) a detailed estimate of costs with respect to
reactivating and extending the service life of the Polar Sea;
(4) a life cycle cost estimate with respect to operating and
maintaining the Polar Sea for the duration of its extended
service life; and
(5) a determination of whether it is cost-effective to
reactivate the Polar Sea compared with other options to provide
icebreaking services as part of a strategy to maintain polar
icebreaking services.
(b) Restrictions.--The Secretary shall not remove any part of the
Polar Sea until the Secretary submits the analysis required under
subsection (a).
(c) Deadline.--Not later than 270 days after the date of enactment
of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate the
analysis required under subsection (a).
(d) Requirement for Reactivation of Polar Sea.--
(1) Service life extension plan.--
(A) In general.--If <<NOTE: Determination.>> the
Secretary determines based on the analysis required
under subsection (a) that it is cost-effective to
reactivate the Polar Sea compared with other options to
provide icebreaking services, the Secretary shall
develop a service life extension plan for such
reactivation, including a timetable for such
reactivation.
[[Page 126 STAT. 1561]]
(B) Utilization of existing resources.--In the
development of the plan required under subparagraph (A),
the Secretary shall utilize to the greatest extent
practicable recent plans, studies, assessments, and
analyses regarding the Coast Guard's icebreakers and
high latitude mission needs and operating requirements.
(C) Submission.--The <<NOTE: Deadline.>> Secretary
shall submit the plan required under subparagraph (A),
if so required, to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate not later than 180 days after the submission
of the analysis required under subsection (a).
(2) Decommissioning; bridging strategy.--
If <<NOTE: Deadline.>> the analysis required under subsection
(a) is submitted in accordance with subsection (c) and the
Secretary determines under subsection (a)(5) that it is not
cost-effective to reactivate the Polar Sea, then not later than
180 days after the date on which the analysis is required to be
submitted under subsection (c) the Commandant of the Coast
Guard--
(A) may decommission the Polar Sea; and
(B) <<NOTE: Termination date.>> shall submit a
bridging strategy for maintaining the Coast Guard's
polar icebreaking services until at least September 30,
2022, to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate.
(e) Restriction.--Except as provided in subsection (d), the
Commandant of the Coast Guard may not--
(1) transfer, relinquish ownership of, dismantle, or recycle
the Polar Sea or Polar Star;
(2) change the current homeport of either of the vessels; or
(3) expend any funds--
(A) for any expenses directly or indirectly
associated with the decommissioning of either of the
vessels, including expenses for dock use or other goods
and services;
(B) for any personnel expenses directly or
indirectly associated with the decommissioning of either
of the vessels, including expenses for a decommissioning
officer;
(C) for any expenses associated with a
decommissioning ceremony for either of the vessels;
(D) to appoint a decommissioning officer to be
affiliated with either of the vessels; or
(E) to place either of the vessels in inactive
status.
(f) Definition.--For purposes of this section--
(1) the term ``Polar Sea'' means Coast Guard Cutter Polar
Sea (WAGB 11); and
(2) the term ``Polar Star'' means Coast Guard Cutter Polar
Star (WAGB 10).
(g) Repeal.--This <<NOTE: Termination date.>> section shall cease to
have effect on September 30, 2022.
[[Page 126 STAT. 1562]]
TITLE III--SHIPPING AND NAVIGATION
SEC. 301. IDENTIFICATION OF ACTIONS TO ENABLE QUALIFIED UNITED
STATES FLAG CAPACITY TO MEET NATIONAL
DEFENSE REQUIREMENTS.
Section 501(b) of title 46, United States Code, is amended--
(1) by striking ``When the head'' and inserting the
following:
``(1) In general.--When the head''; and
(2) by adding at the end the following:
``(2) Determinations.--The Maritime Administrator shall--
``(A) for each determination referred to in
paragraph (1), identify any actions that could be taken
to enable qualified United States flag capacity to meet
national defense requirements;
``(B) <<NOTE: Notice.>> provide notice of each such
determination to the Secretary of Transportation and the
head of the agency referred to in paragraph (1) for
which the determination is made; and
``(C) <<NOTE: Web posting. Deadline.>> publish each
such determination on the Internet Web site of the
Department of Transportation not later than 48 hours
after notice of the determination is provided to the
Secretary of Transportation.
``(3) Notice to congress.--
``(A) In general.--
The <<NOTE: Waivers. Deadline.>> head of an agency
referred to in paragraph (1) shall notify the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate--
``(i) of any request for a waiver of the
navigation or vessel-inspection laws under this
section not later than 48 hours after receiving
such a request; and
``(ii) of the issuance of any such waiver not
later than 48 hours after such issuance.
``(B) Contents.--Such head of an agency shall
include in each notification under subparagraph (A)(ii)
an explanation of--
``(i) the reasons the waiver is necessary; and
``(ii) the reasons actions referred to in
paragraph (2)(A) are not feasible.''.
SEC. 302. LIMITATION OF LIABILITY FOR NON-FEDERAL VESSEL TRAFFIC
SERVICE OPERATORS.
(a) In General.--Section 2307 of title 46, United States Code, is
amended--
(1) by striking the section designation and heading and
inserting the following:
``Sec. 2307. Limitation of liability for Coast Guard Vessel
Traffic Service pilots and non-Federal vessel
traffic service operators'';
(2) by striking ``Any pilot'' and inserting the following:
``(a) Coast Guard Vessel Traffic Service Pilots.--Any pilot''; and
(3) by adding at the end the following:
[[Page 126 STAT. 1563]]
``(b) Non-Federal Vessel Traffic Service Operators.--An entity
operating a non-Federal vessel traffic information service or advisory
service pursuant to a duly executed written agreement with the Coast
Guard, and any pilot acting on behalf of such entity, is not liable for
damages caused by or related to information, advice, or communication
assistance provided by such entity or pilot while so operating or acting
unless the acts or omissions of such entity or pilot constitute gross
negligence or willful misconduct.''.
(b) Clerical Amendment.--The analysis for chapter 23 of title 46,
United States Code, is amended by striking the item relating to section
2307 and inserting the following:
``2307. Limitation of liability for Coast Guard Vessel Traffic Service
pilots and non-Federal vessel traffic service operators.''.
SEC. 303. SURVIVAL CRAFT.
Section 3104 of title 46, United States Code, is amended--
(1) in subsection (b) by striking ``January 1, 2015'' and
inserting ``the date that is 30 months after the date on which
the report described in subsection (c) is submitted''; and
(2) by adding at the end the following:
``(c) Report.--Not later than 180 days after the date of enactment
of this subsection, the Commandant of the Coast Guard shall submit to
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the carriage of survival craft
that ensures no part of an individual is immersed in water, which shall
include--
``(1) the number of casualties, by vessel type and area of
operation, as the result of immersion in water reported to the
Coast Guard for each of fiscal years 1991 through 2011;
``(2) the effect the carriage of such survival craft has
on--
``(A) vessel safety, including stability and safe
navigation; and
``(B) survivability of individuals, including
persons with disabilities, children, and the elderly;
``(3) the efficacy of alternative safety systems, devices,
or measures;
``(4) the cost and cost effectiveness of requiring the
carriage of such survival craft on vessels; and
``(5) the number of small businesses and nonprofit entities
that would be affected by requiring the carriage of such
survival craft on vessels.''.
SEC. 304. CLASSIFICATION SOCIETIES.
Section 3316 of title 46, United States Code, is amended--
(1) in subsection (b)(2)--
(A) by striking ``and'' at the end of subparagraph
(A);
(B) by striking the period at the end of
subparagraph (B) and inserting ``; and''; and
(C) by adding at the end the following:
``(C) if the Secretary of State determines that the foreign
classification society does not provide comparable services in
or for a state sponsor of terrorism.'';
(2) in subsection (d)(2)--
(A) by striking ``and'' at the end of subparagraph
(A);
[[Page 126 STAT. 1564]]
(B) by striking the period at the end of
subparagraph (B) and inserting ``; and''; and
(C) by adding at the end the following:
``(C) the Secretary of State determines that the foreign
classification society does not provide comparable services in
or for a state sponsor of terrorism.''; and
(3) by adding at the end the following:
``(e) <<NOTE: Revocation. Determination.>> The Secretary shall
revoke a delegation made to a classification society under subsection
(b) or (d) if the Secretary of State determines that the classification
society provides comparable services in or for a state sponsor of
terrorism.
``(f) <<NOTE: Definition.>> In this section, the term `state sponsor
of terrorism' means any country the government of which the Secretary of
State has determined has repeatedly provided support for acts of
international terrorism pursuant to section 6(j) of the Export
Administration Act of 1979 (as continued in effect under the
International Emergency Economic Powers Act), section 620A of the
Foreign Assistance Act of 1961, section 40 of the Arms Export Control
Act, or any other provision of law.''.
SEC. 305. DOCKSIDE EXAMINATIONS.
(a) In General.--Section 4502(f) of title 46, United States Code, is
amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2)--
(A) by striking ``at least once every 2 years'' and
inserting ``at least once every 5 years''; and
(B) by striking the period at the end and inserting
``; and''; and
(3) by adding at the end the following:
``(3) <<NOTE: Deadline.>> shall complete the first dockside
examination of a vessel under this subsection not later than
October 15, 2015.''.
(b) Database.--Section 4502(g)(4) of title 46, United States Code,
is amended by striking ``a publicly accessible'' and inserting ``an''.
(c) Certification.--Section 4503 of title 46, United States Code, is
amended--
(1) in subsection (c), by striking ``July 1, 2012.'' and
inserting ``July 1, 2013.'';
(2) in subsection (d)--
(A) in paragraph (1)(B), by striking ``July 1,
2012;'' and inserting ``July 1, 2013;''; and
(B) in paragraph (2)--
(i) by striking ``July 1, 2012,'' each place
it appears and inserting ``July 1, 2013,''; and
(ii) by striking ``substantial change to the
dimension of or type of vessel'' and inserting
``major conversion''; and
(3) by adding at the end the following:
``(e) <<NOTE: Definition.>> For the purposes of this section, the
term `built' means, with respect to a vessel, that the vessel's
construction has reached any of the following stages:
``(1) The vessel's keel is laid.
``(2) Construction identifiable with the vessel has begun
and assembly of that vessel has commenced comprising of at least
50 metric tons or one percent of the estimated mass of all
structural material, whichever is less.''.
[[Page 126 STAT. 1565]]
(d) Conforming Amendments.--Chapter 51 of title 46, United States
Code, is amended--
(1) in section 5102(b)(3), by striking ``July 1, 2012.'' and
inserting ``July 1, 2013.''; and
(2) in section 5103(c)--
(A) by striking ``July 1, 2012,'' each place it
appears and inserting ``July 1, 2013,''; and
(B) by striking ``substantial change to the
dimension of or type of the vessel'' and inserting
``major conversion''.
SEC. 306. AUTHORITY TO EXTEND THE DURATION OF MEDICAL
CERTIFICATES.
(a) In General.--Chapter 75 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 7508. Authority to extend the duration of medical
certificates
``(a) Granting of Extensions.--
Notwithstanding <<NOTE: Determination.>> any other provision of law, the
Secretary may extend for not more than one year a medical certificate
issued to an individual holding a license, merchant mariner's document,
or certificate of registry issued under chapter 71 or 73 if the
Secretary determines that the extension is required to enable the Coast
Guard to eliminate a backlog in processing applications for medical
certificates or is in response to a national emergency or natural
disaster.
``(b) Manner of Extension.--An extension under this section may be
granted to individual seamen or a specifically identified group of
seamen.''.
(b) Clerical Amendment.--The analysis for chapter 75 of title 46,
United States Code, is amended by adding at the end the following:
``7508. Authority to extend the duration of medical certificates.''.
SEC. 307. CLARIFICATION OF RESTRICTIONS ON AMERICAN FISHERIES ACT
VESSELS.
Section 12113(d)(2) of title 46, United States Code, is amended--
(1) in subparagraph (B)--
(A) by striking ``that the regional'' and inserting
the following: ``that--
``(i) the regional'';
(B) by striking the semicolon and inserting ``;
and''; and
(C) by adding at the end the following:
``(ii) in the case of a vessel listed in
paragraphs (1) through (20) of section 208(e) of
the American Fisheries Act (title II of division C
of Public Law 105-277; 112 Stat. 2681-625 et
seq.), the vessel is neither participating in nor
eligible to participate in the non-AFA trawl
catcher processor subsector (as that term is
defined under section 219(a)(7) of the Department
of Commerce and Related Agencies Appropriations
Act, 2005 (Public Law 108-447; 118 Stat.
2887));''; and
(2) by amending subparagraph (C) to read as follows:
``(C) the vessel--
``(i) is either a rebuilt vessel or
replacement vessel under section 208(g) of the
American Fisheries Act
[[Page 126 STAT. 1566]]
(title II of division C of Public Law 105-277; 112
Stat. 2681-627);
``(ii) is eligible for a fishery endorsement
under this section; and
``(iii) in the case of a vessel listed in
paragraphs (1) through (20) of section 208(e) of
the American Fisheries Act (title II of division C
of Public Law 105-277; 112 Stat. 2681-625 et
seq.), is neither participating in nor eligible to
participate in the non-AFA trawl catcher processor
subsector (as that term is defined under section
219(a)(7) of the Department of Commerce and
Related Agencies Appropriations Act, 2005 (Public
Law 108-447; 118 Stat. 2887); or''.
SEC. 308. INVESTIGATIONS BY SECRETARY.
(a) In General.--Chapter 121 of title 46, United States Code, is
amended by inserting after section 12139 the following:
``Sec. 12140. Investigations by Secretary
``(a) In General.--The Secretary may conduct investigations and
inspections regarding compliance with this chapter and regulations
prescribed under this chapter.
``(b) Authority To Obtain Evidence.--
``(1) In general.--For the purposes of any investigation
conducted under this section, the Secretary may issue a subpoena
to require the attendance of a witness or the production of
documents or other evidence relevant to the matter under
investigation if--
``(A) <<NOTE: Determination.>> before the issuance
of the subpoena, the Secretary requests a determination
by the Attorney General as to whether the subpoena--
``(i) is reasonable; and
``(ii) will interfere with a criminal
investigation; and
``(B) the Attorney General--
``(i) determines that the subpoena is
reasonable and will not interfere with a criminal
investigation; or
``(ii) <<NOTE: Time period.>> fails to make a
determination with respect to the subpoena before
the date that is 30 days after the date on which
the Secretary makes a request under subparagraph
(A) with respect to the subpoena.
``(2) Enforcement.--In the case of a refusal to obey a
subpoena issued to any person under this section, the Secretary
may invoke the aid of the appropriate district court of the
United States to compel compliance.''.
(b) Clerical Amendment.--The analysis for chapter 121 of title 46,
United States Code, is amended by inserting after the item relating to
section 12139 the following:
``12140. Investigations by Secretary.''.
SEC. 309. PENALTIES.
Section 12151(a) of title 46, United States Code, is amended--
(1) by striking ``A person that violates'' and inserting the
following:
``(1) Civil penalties.--Except as provided in paragraph (2),
a person that violates'';
[[Page 126 STAT. 1567]]
(2) by striking ``$10,000'' and inserting ``$15,000''; and
(3) by adding at the end the following:
``(2) Activities involving mobile offshore drilling units.--
A person that violates section 12111(d) or a regulation
prescribed under that section is liable to the United States
Government for a civil penalty in an amount that is $25,000 or
twice the charter rate of the vessel involved in the violation
(as determined by the Secretary), whichever is greater. Each day
of a continuing violation is a separate violation.''.
SEC. 310. UNITED STATES COMMITTEE ON THE MARINE TRANSPORTATION
SYSTEM.
(a) In General.--Chapter 555 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 55502. United States Committee on the Marine Transportation
System
``(a) Establishment.--There is established a United States Committee
on the Marine Transportation System (in this section referred to as the
`Committee').
``(b) Purpose.--The Committee shall serve as a Federal interagency
coordinating committee for the purpose of--
``(1) assessing the adequacy of the marine transportation
system (including ports, waterways, channels, and their
intermodal connections);
``(2) promoting the integration of the marine transportation
system with other modes of transportation and other uses of the
marine environment; and
``(3) coordinating, improving the coordination of, and
making recommendations with regard to Federal policies that
impact the marine transportation system.
``(c) Membership.--
``(1) In general.--The Committee shall consist of--
``(A) the Secretary of Transportation;
``(B) the Secretary of Defense;
``(C) the Secretary of Homeland Security;
``(D) the Secretary of Commerce;
``(E) the Secretary of the Treasury;
``(F) the Secretary of State;
``(G) the Secretary of the Interior;
``(H) the Secretary of Agriculture;
``(I) the Attorney General;
``(J) the Secretary of Labor;
``(K) the Secretary of Energy;
``(L) the Administrator of the Environmental
Protection Agency;
``(M) the Chairman of the Federal Maritime
Commission;
``(N) the Chairman of the Joint Chiefs of Staff; and
``(O) the head of any other Federal agency who a
majority of the voting members of the Committee
determines can further the purpose and activities of the
Committee.
``(2) Nonvoting members.--The Committee may include as many
nonvoting members as a majority of the voting members of the
Committee determines is appropriate to further the purpose and
activities of the Committee.
[[Page 126 STAT. 1568]]
``(d) Support.--
``(1) Coordinating board.--
``(A) In general.--There <<NOTE: Establishment.>> is
hereby established, within the Committee, a Coordinating
Board. Each member of the Committee may select a senior
level representative to serve on such Board. The Board
shall assist the Committee in carrying out its purpose
and activities.
``(B) Chair.--There shall be a Chair of the
Coordinating Board. The Chair of the Coordinating Board
shall rotate each year among the Secretary of
Transportation, the Secretary of Defense, the Secretary
of Homeland Security, and the Secretary of Commerce. The
order of rotation shall be determined by a majority of
the voting members of the Committee.
``(2) Executive director.--
The <<NOTE: Appointment.>> Secretary of Transportation, in
consultation with the Secretary of Defense, the Secretary of
Homeland Security, and the Secretary of Commerce, shall appoint
an Executive Director of the Committee.
``(3) Transfers.--Notwithstanding any other provision of
law, the head of a Federal department or agency who is a member
of the Committee may--
``(A) provide, on a reimbursable or nonreimbursable
basis, facilities, equipment, services, personnel, and
other support services to carry out the activities of
the Committee; and
``(B) transfer funds to another Federal department
or agency in order to carry out the activities of the
Committee.
``(e) Marine Transportation System Assessment and Strategy.--
Not <<NOTE: Deadlines. Reports. Plan.>> later than one year after the
date of enactment of this Act and every 5 years thereafter, the
Committee shall provide to the Committee on Commerce, Science, and
Transportation and the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives a report that includes--
``(1) steps taken to implement actions recommended in the
document titled `National Strategy for the Marine Transportation
System: A Framework for Action' and dated July 2008;
``(2) an assessment of the condition of the marine
transportation system;
``(3) a discussion of the challenges the marine
transportation system faces in meeting user demand, including
estimates of investment levels required to ensure system
infrastructure meets such demand;
``(4) a plan, with recommended actions, for improving the
marine transportation system to meet current and future
challenges; and
``(5) steps taken to implement actions recommended in
previous reports required under this subsection.
``(f) Consultation.--In carrying out its purpose and activities, the
Committee may consult with marine transportation system-related advisory
committees, interested parties, and the public.''.
(b) Clerical Amendment.--The analysis for chapter 555 of title 46,
United States Code, is amended by adding at the end the following:
``55502. United States Committee on the Marine Transportation System.''.
[[Page 126 STAT. 1569]]
SEC. 311. TECHNICAL CORRECTION TO TITLE 46.
Section 7507(a) of title 46, United States Code, is amended by
striking ``73'' each place it appears and inserting ``71''.
SEC. 312. DEEPWATER PORTS.
Section 3(9)(A) of the Deepwater Port Act of 1974 (33 U.S.C.
1502(9)(A)) is amended by inserting ``or from'' before ``any State''.
TITLE IV--MARITIME <<NOTE: Maritime Administration Authorization Act for
Fiscal Year 2013.>> ADMINISTRATION AUTHORIZATION
SEC. 401. SHORT TITLE.
This title may be cited as the ``Maritime Administration
Authorization Act for Fiscal Year 2013''.
SEC. 402. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL SECURITY
ASPECTS OF THE MERCHANT MARINE FOR FISCAL
YEAR 2013.
Funds are hereby authorized to be appropriated for fiscal year 2013,
to be available without fiscal year limitation if so provided in
appropriations Acts, for the use of the Department of Transportation for
Maritime Administration programs associated with maintaining national
security aspects of the merchant marine, as follows:
(1) For expenses necessary for operations of the United
States Merchant Marine Academy, $77,253,000, of which--
(A) $67,253,000 shall remain available until
expended for Academy operations; and
(B) $10,000,000 shall remain available until
expended for capital asset management at the Academy.
(2) For expenses necessary to support the State maritime
academies, $16,045,000, of which--
(A) $2,400,000 shall remain available until expended
for student incentive payments;
(B) $2,545,000 shall remain available until expended
for direct payments to such academies; and
(C) $11,100,000 shall remain available until
expended for maintenance and repair of State maritime
academy training vessels.
(3) For expenses necessary to dispose of vessels in the
National Defense Reserve Fleet, $12,717,000, to remain available
until expended.
(4) For expenses to maintain and preserve a United States-
flag merchant marine to serve the national security needs of the
United States under chapter 531 of title 46, United States Code,
$186,000,000.
(5) For the cost (as defined in section 502(5) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan
guarantees under the program authorized by chapter 537 of title
46, United States Code, $3,750,000, all of which shall remain
available until expended for administrative expenses of the
program.
SEC. 403. MARITIME ENVIRONMENTAL AND TECHNICAL ASSISTANCE.
(a) In General.--Chapter 503 of title 46, United States Code, is
amended by adding at the end the following:
[[Page 126 STAT. 1570]]
``Sec. 50307. Maritime environmental and technical assistance
program
``(a) In General.--The Secretary of Transportation may engage in the
environmental study, research, development, assessment, and deployment
of emerging marine technologies and practices related to the marine
transportation system through the use of public vessels under the
control of the Maritime Administration or private vessels under United
States registry, and through partnerships and cooperative efforts with
academic, public, private, and nongovernmental entities and facilities.
``(b) Components.--Under this section, the Secretary of
Transportation may--
``(1) identify, study, evaluate, test, demonstrate, or
improve emerging marine technologies and practices that are
likely to achieve environmental improvements by--
``(A) reducing air emissions, water emissions, or
other ship discharges;
``(B) increasing fuel economy or the use of
alternative fuels and alternative energy (including the
use of shore power); or
``(C) controlling aquatic invasive species; and
``(2) coordinate with the Environmental Protection Agency,
the Coast Guard, and other Federal, State, local, or tribal
agencies, as appropriate.
``(c) Coordination.--Coordination under subsection (b)(2) may
include--
``(1) activities that are associated with the development or
approval of validation and testing regimes; and
``(2) certification or validation of emerging technologies
or practices that demonstrate significant environmental
benefits.
``(d) Assistance.--The Secretary of Transportation may accept gifts,
or enter into cooperative agreements, contracts, or other agreements
with academic, public, private, and nongovernmental entities and
facilities to carry out the activities authorized under subsection
(a).''.
(b) Conforming Amendment.--The analysis for chapter 503 of title 46,
United States Code, is amended by inserting after the item relating to
section 50306 the following:
``50307. Maritime environmental and technical assistance program.''.
SEC. 404. PROPERTY FOR INSTRUCTIONAL PURPOSES.
Section 51103(b) of title 46, United States Code, is amended--
(1) in the subsection heading, by striking ``Surplus'';
(2) by amending paragraph (1) to read as follows:
``(1) In general.--The Secretary may cooperate with and
assist the institutions named in paragraph (2) by making
vessels, fuel, shipboard equipment, and other marine equipment,
owned by the United States Government and determined by the
entity having custody and control of such property to be excess
or surplus, available to those institutions for instructional
purposes, by gift, loan, sale, lease, or charter on terms and
conditions the Secretary considers appropriate. The consent of
the Secretary of the Navy shall be obtained with respect to any
property from National Defense Reserve Fleet vessels, if such
vessels are either Ready Reserve Force vessels or other National
Defense Reserve Fleet vessels determined to be of
[[Page 126 STAT. 1571]]
sufficient value to the Navy to warrant their further
preservation and retention.''; and
(3) in paragraph (2)(C), by inserting ``or a training
institution that is an instrumentality of a State, the District
of Columbia, a territory or possession of the United States, or
a unit of local government thereof'' after ``a nonprofit
training institution''.
SEC. 405. SHORT SEA TRANSPORTATION.
(a) Purpose.--Section 55601 of title 46, United States Code, is
amended--
(1) in subsection (a), by striking ``landside congestion.''
and inserting ``landside congestion or to promote short sea
transportation.'';
(2) in subsection (c), by striking ``coastal corridors'' and
inserting ``coastal corridors or to promote short sea
transportation'';
(3) in subsection (d), by striking ``that the project may''
and all that follows through the end of the subsection and
inserting ``that the project uses documented vessels and--
``(1) mitigates landside congestion; or
``(2) promotes short sea transportation.''; and
(4) in subsection (f), by striking ``shall'' each place it
appears and inserting ``may''.
(b) Documentation.--Section 55605 is amended in the matter preceding
paragraph (1) by striking ``by vessel'' and inserting ``by a documented
vessel''.
SEC. 406. LIMITATION OF NATIONAL DEFENSE RESERVE FLEET VESSELS TO
THOSE OVER 1,500 GROSS TONS.
Section 57101(a) of title 46, United States Code, is amended by
inserting ``of 1,500 gross tons or more or such other vessels as the
Secretary of Transportation determines are appropriate'' after
``Administration''.
SEC. 407. TRANSFER OF VESSELS TO THE NATIONAL DEFENSE RESERVE
FLEET.
Section 57101 of title 46, United States Code, is amended by adding
at the end the following:
``(c) Authority of Federal Entities To Transfer Vessels.--All
Federal entities are authorized to transfer vessels to the National
Defense Reserve Fleet without reimbursement subject to the approval of
the Secretary of Transportation and the Secretary of the Navy with
respect to Ready Reserve Force vessels and the Secretary of
Transportation with respect to all other vessels.''.
SEC. 408. CLARIFICATION OF HEADING.
(a) In General.--The section designation and heading for section
57103 of title 46, United States Code, is amended to read as follows:
``Sec. 57103. Donation of nonretention vessels in the National
Defense Reserve Fleet''.
(b) Clerical Amendment.--The analysis for chapter 571 of title 46,
United States Code, is amended by striking the item relating to section
57103 and inserting the following:
``57103. Donation of nonretention vessels in the National Defense
Reserve Fleet.''.
[[Page 126 STAT. 1572]]
SEC. 409. MISSION OF THE MARITIME ADMINISTRATION.
Section 109(a) of title 49, United States Code, is amended--
(1) in the subsection heading by striking ``Organization''
and inserting ``Organization and Mission''; and
(2) by adding at the end the following: ``The mission of the
Maritime Administration is to foster, promote, and develop the
merchant maritime industry of the United States.''.
SEC. 410. AMENDMENTS RELATING TO THE NATIONAL DEFENSE RESERVE
FLEET.
Subparagraphs (B), (C), and (D) of section 11(c)(1) of the Merchant
Ship Sales Act of 1946 (50 U.S.C. App. 1744(c)(1)) are amended to read
as follows:
``(B) activate and conduct sea trials on each vessel
at a frequency that is considered by the Secretary to be
necessary;
``(C) maintain and adequately crew, as necessary, in
an enhanced readiness status those vessels that are
scheduled to be activated in 5 or less days;
``(D) locate those vessels that are scheduled to be
activated near embarkation ports specified for those
vessels; and''.
SEC. 411. REQUIREMENT FOR BARGE DESIGN.
Not <<NOTE: Deadline.>> later than 270 days after the date of
enactment of this Act, the Administrator of the Maritime Administration
shall complete the design for a containerized, articulated barge, as
identified in the dual-use vessel study carried out by the Administrator
and the Secretary of Defense, that is able to utilize roll-on/roll-off
or load-on/load-off technology in marine highway maritime commerce.
SEC. 412. CONTAINER-ON-BARGE TRANSPORTATION.
(a) Assessment.--The Administrator of the Maritime Administration
shall assess the potential for using container-on-barge transportation
in short sea transportation (as such term is defined in section 55605 of
title 46, United States Code).
(b) Factors.--In conducting the assessment under subsection (a), the
Administrator shall consider--
(1) the environmental benefits of increasing container-on-
barge movements in short sea transportation;
(2) the regional differences in the use of short sea
transportation;
(3) the existing programs established at coastal and Great
Lakes ports for establishing awareness of deep sea shipping
operations;
(4) the mechanisms necessary to ensure that implementation
of a plan under subsection (c) will not be inconsistent with
antitrust laws; and
(5) the potential frequency of container-on-barge service at
short sea transportation ports.
(c) Recommendations.--The assessment under subsection (a) may
include recommendations for a plan to increase awareness of the
potential for use of container-on-barge transportation.
(d) Deadline.--Not later than 180 days after the date of enactment
of this Act, the Administrator shall submit the assessment required
under this section to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
[[Page 126 STAT. 1573]]
SEC. 413. DEPARTMENT OF DEFENSE NATIONAL STRATEGIC PORTS STUDY AND
COMPTROLLER GENERAL STUDIES AND REPORTS ON
STRATEGIC PORTS.
(a) Sense of Congress on Completion of DOD Report.--It is the sense
of Congress that the Secretary of Defense should expedite completion of
the study of strategic ports in the United States called for in the
conference report to accompany the National Defense Authorization Act
for Fiscal Year 2012 (Conference Report 112-329) so that it can be
submitted to Congress before July 1, 2013.
(b) Submission of Report to Comptroller General.--In addition to
submitting the report referred to in subsection (a) to Congress, the
Secretary of Defense shall submit the report to the Comptroller General
of the United States for consideration under subsection (c).
(c) Comptroller General Studies and Reports on Strategic Ports.--
(1) Comptroller general review.--
Not <<NOTE: Assessment.>> later than 90 days after receipt of
the report referred to in subsection (a), the Comptroller
General shall conduct an assessment of the report and submit to
the Committee on Armed Services of the House of Representatives
and the Committee on Armed Services of the Senate a report of
such assessment.
(2) Comptroller general study and report.--Not later than
270 days after the date of enactment of this Act, the
Comptroller General shall conduct a study of the Department of
Defense's programs and efforts related to the state of strategic
ports with respect to the Department's operational and readiness
requirements, and report to the Committee on Armed Services of
the House of Representatives and the Committee on Armed Services
of the Senate on the findings of such study. The report may
include an assessment of--
(A) the extent to which the facilities at strategic
ports meet the Department of Defense's requirements;
(B) the extent to which the Department has
identified gaps in the ability of existing strategic
ports to meet its needs and identified and undertaken
efforts to address any gaps; and
(C) the Department's ability to oversee, coordinate,
and provide security for military deployments through
strategic ports.
(d) Strategic Port Defined.--In this section, the term ``strategic
port'' means a United States port designated by the Secretary of Defense
as a significant transportation hub important to the readiness and cargo
throughput capacity of the Department of Defense.
SEC. 414. MARITIME WORKFORCE STUDY.
(a) Training Study.--The Comptroller General of the United States
shall conduct a study on the training needs of the maritime workforce.
(b) Study Components.--The study shall--
(1) analyze the impact of maritime training requirements
imposed by domestic and international regulations and
conventions, companies, and government agencies that charter or
operate vessels;
[[Page 126 STAT. 1574]]
(2) evaluate the ability of the United States maritime
training infrastructure to meet the needs of the maritime
industry;
(3) identify trends in maritime training;
(4) compare the training needs of United States mariners
with the vocational training and educational assistance programs
available from Federal agencies to evaluate the ability of
Federal programs to meet the training needs of United States
mariners;
(5) include recommendations to enhance the capabilities of
the United States maritime training infrastructure; and
(6) include recommendations to assist United States mariners
and those entering the maritime profession to achieve the
required training.
(c) Final Report.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General shall submit a report on the
results of the study to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
SEC. 415. MARITIME ADMINISTRATION VESSEL RECYCLING CONTRACT AWARD
PRACTICES.
(a) Assessment.--The Comptroller General of the United States shall
conduct an assessment of the source selection procedures and practices
used to award the Maritime Administration's National Defense Reserve
Fleet vessel recycling contracts.
(b) Contents.--The assessment under subsection (a) shall include a
review of--
(1) whether the Maritime Administration's contract source
selection procedures and practices are consistent with law,
including the Federal Acquisition Regulation, and Federal best
practices associated with making source selection decisions;
(2) the process, procedures, and practices used for the
Maritime Administration's qualification of vessel recycling
facilities; and
(3) any other aspect of the Maritime Administration's vessel
recycling process that the Comptroller General deems appropriate
to review.
(c) Findings.--Not <<NOTE: Deadline. Reports.>> later than one year
after the date of enactment of this Act, the Comptroller General shall
report the findings of the assessment under subsection (a) to the
Committee on Commerce, Science, and Transportation and the Committee on
Armed Services of the Senate and the Committee on Transportation and
Infrastructure and the Committee on Armed Services of the House of
Representatives.
TITLE <<NOTE: Piracy Suppression Act of 2012.>> V--PIRACY
SEC. 501. <<NOTE: 46 USC 101 note.>> SHORT TITLE.
This title may be cited as the ``Piracy Suppression Act of 2012''.
SEC. 502. TRAINING FOR USE OF FORCE AGAINST PIRACY.
(a) In General.--Chapter 517 of title 46, United States Code, is
amended by adding at the end the following:
[[Page 126 STAT. 1575]]
``Sec. 51705. Training for use of force against piracy
``The <<NOTE: Certification.>> Secretary of Transportation, in
consultation with the Secretary of Defense and the Secretary of the
department in which the Coast Guard is operating, shall certify a
training curriculum for United States mariners on the use of force
against pirates. The curriculum shall include--
``(1) information on waters designated as high-risk waters
by the Commandant of the Coast Guard;
``(2) information on current threats and patterns of attack
by pirates;
``(3) tactics for defense of a vessel, including instruction
on the types, use, and limitations of security equipment;
``(4) standard rules for the use of force for self-defense
as developed by the Secretary of the department in which the
Coast Guard is operating under section 912(c) of the Coast Guard
Authorization Act of 2010 (Public Law 111-281; 46 U.S.C. 8107
note), including instruction on firearm safety for crewmembers
of vessels carrying cargo under section 55305 of this title; and
``(5) procedures to follow to improve crewmember
survivability if captured and taken hostage by pirates.''.
(b) Deadline.--The <<NOTE: 46 USC 51705 note.>> Secretary of
Transportation shall certify the curriculum required under the amendment
made by subsection (a) not later than 270 days after the date of
enactment of this Act.
(c) Clerical Amendment.--The analysis for chapter 517 of title 46,
United States Code, is amended by adding at the end the following:
``51705. Training program for use of force against piracy.''.
SEC. 503. SECURITY OF GOVERNMENT-IMPELLED CARGO.
Section 55305 of title 46, United States Code, is amended by adding
at the end the following:
``(e) Security of Government-Impelled Cargo.--
``(1) In order to ensure the safety of vessels and
crewmembers transporting equipment, materials, or commodities
under this section, the Secretary of Transportation shall direct
each department or agency (except the Department of Defense),
when responsible for the carriage of such equipment, materials,
or commodities, to provide armed personnel aboard vessels of the
United States carrying such equipment, materials, or commodities
if the vessels are transiting high-risk waters.
``(2) The Secretary of Transportation shall direct each
department or agency responsible to provide armed personnel
under paragraph (1) to reimburse, subject to the availability of
appropriations, the owners or operators of applicable vessels
for the cost of providing armed personnel.
``(3) <<NOTE: Definition.>> In this subsection, the term
`high-risk waters' means waters so designated by the Commandant
of the Coast Guard in the Port Security Advisory in effect on
the date on which an applicable voyage begins.''.
SEC. 504. ACTIONS TAKEN TO PROTECT FOREIGN-FLAGGED VESSELS FROM
PIRACY.
Not <<NOTE: Deadline. Reports.>> later than 180 days after the date
of enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of the department in which the Coast Guard is operating,
shall
[[Page 126 STAT. 1576]]
provide to the Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Armed Services and the Committee on Commerce, Science,
and Transportation of the Senate a report on actions taken by the
Secretary of Defense to protect foreign-flagged vessels from acts of
piracy on the high seas. The report shall include--
(1) the total number of incidents for each of the fiscal
years 2009 through 2012 in which a member of the armed services
or an asset under the control of the Secretary of Defense was
used to interdict or defend against an act of piracy directed
against any vessel not documented under the laws of the United
States; and
(2) the estimated cost for each of the fiscal years 2009
through 2012 for such incidents.
TITLE VI--MARINE <<NOTE: Marine Debris Act Amendments of 2012. 33 USC
1951 note.>> DEBRIS
SEC. 601. SHORT TITLE.
This title may be cited as the ``Marine Debris Act Amendments of
2012''.
SEC. 602. SHORT TITLE AMENDMENT; REFERENCES.
(a) Short Title Amendment.--Section 1 of the Marine Debris Research,
Prevention, and Reduction Act (33 U.S.C. 1951 note) is amended by
striking ``Research, Prevention, and Reduction''.
(b) References.--Except as otherwise expressly provided, whenever in
this title an amendment is expressed as an amendment to a section or
other provision, the reference shall be considered to be made to a
section or other provision of the Marine Debris Act (33 U.S.C. 1951 et
seq.), as so retitled by subsection (a) of this section.
SEC. 603. PURPOSE.
Section 2 (33 U.S.C. 1951) is amended to read as follows:
``SEC. 2. PURPOSE.
``The purpose of this Act is to address the adverse impacts of
marine debris on the United States economy, the marine environment, and
navigation safety through the identification, determination of sources,
assessment, prevention, reduction, and removal of marine debris.''.
SEC. 604. NOAA MARINE DEBRIS PROGRAM.
(a) Name of Program.--Section 3 (33 U.S.C. 1952) is amended--
(1) in the section heading by striking ``prevention and
removal''; and
(2) in subsection (a)--
(A) by striking ``Prevention and Removal Program to
reduce and prevent the occurrence and'' and inserting
``Program to identify, determine sources of, assess,
prevent, reduce, and remove marine debris and address
the'';
(B) by inserting ``the economy of the United
States,'' after ``marine debris on''; and
(C) by inserting a comma after ``environment''.
[[Page 126 STAT. 1577]]
(b) Program Components.--Section 3(b) (33 U.S.C. 1952(b)) is amended
to read as follows:
``(b) Program Components.--The Administrator, acting through the
Program and subject to the availability of appropriations, shall--
``(1) identify, determine sources of, assess, prevent,
reduce, and remove marine debris, with a focus on marine debris
posing a threat to living marine resources and navigation
safety;
``(2) provide national and regional coordination to assist
States, Indian tribes, and regional organizations in the
identification, determination of sources, assessment,
prevention, reduction, and removal of marine debris;
``(3) undertake efforts to reduce the adverse impacts of
lost and discarded fishing gear on living marine resources and
navigation safety, including--
``(A) research and development of alternatives to
gear posing threats to the marine environment and
methods for marking gear used in certain fisheries to
enhance the tracking, recovery, and identification of
lost and discarded gear; and
``(B) the development of effective nonregulatory
measures and incentives to cooperatively reduce the
volume of lost and discarded fishing gear and to aid in
gear recovery;
``(4) undertake outreach and education activities for the
public and other stakeholders on sources of marine debris,
threats associated with marine debris, and approaches to
identifying, determining sources of, assessing, preventing,
reducing, and removing marine debris and its adverse impacts on
the United States economy, the marine environment, and
navigation safety, including outreach and education activities
through public-private initiatives; and
``(5) <<NOTE: Plans.>> develop, in consultation with the
Interagency Committee, interagency plans for the timely response
to events determined by the Administrator to be severe marine
debris events, including plans to--
``(A) coordinate across agencies and with relevant
State, tribal, and local governments to ensure adequate,
timely, and efficient response;
``(B) assess the composition, volume, and trajectory
of marine debris associated with a severe marine debris
event; and
``(C) estimate the potential impacts of a severe
marine debris event, including economic impacts on human
health, navigation safety, natural resources, tourism,
and livestock, including aquaculture.''.
(c) Grant Criteria and Guidelines.--Section 3(c) (33 U.S.C. 1952(c))
is amended--
(1) in paragraph (1), by striking ``section 2(1)'' and
inserting ``section 2'';
(2) by striking paragraph (5); and
(3) by redesignating paragraphs (6) and (7) as paragraphs
(5) and (6), respectively.
(d) Repeal.--Section 2204 of the Marine Plastic Pollution Research
and Control Act of 1987 (33 U.S.C. 1915), and the item relating to that
section in the table of contents contained in section
[[Page 126 STAT. 1578]]
2 of the United States-Japan Fishery Agreement Approval Act of 1987, are
repealed.
SEC. 605. REPEAL OF OBSOLETE PROVISIONS.
Section 4 (33 U.S.C. 1953) is amended--
(1) by striking ``(a) Strategy.--''; and
(2) by striking subsections (b) and (c).
SEC. 606. COORDINATION.
(a) Interagency Marine Debris Coordinating Committee.--
(1) In general.--Section 2203 of the Marine Plastic
Pollution Research and Control Act of 1987 (33 U.S.C. 1914) is
redesignated and moved to replace and appear as section 5 of the
Marine Debris Act (33 U.S.C. 1954), as so retitled by section
602(a) of this title.
(2) Conforming amendment.--Section 5 of the Marine Debris
Act (33 U.S.C. 1954), as amended by paragraph (1) of this
subsection, is further amended in subsection (d)(2)--
(A) by striking ``this Act'' and inserting ``the
Marine Plastic Pollution Research and Control Act of
1987''; and
(B) by inserting ``of the Marine Plastic Pollution
Research and Control Act of 1987'' after ``section
2201''.
(3) Clerical amendment.--The <<NOTE: Repeal.>> item relating
to section 2203 in the table of contents contained in section 2
of the United States-Japan Fishery Agreement Approval Act of
1987 is repealed.
(b) Biennial Progress Reports.--Section 5(c)(2) of the Marine Debris
Research, Prevention, and Reduction Act (33 U.S.C. 1954(c)(2)), as in
effect immediately before the enactment of this Act--
(1) is redesignated and moved to appear as subsection (e) at
the end of section 5 of the Marine Debris Act, as amended by
subsection (a) of this section; and
(2) is amended--
(A) by striking ``Annual progress reports.--'' and
all that follows through ``thereafter'' and inserting
``Biennial Progress Reports.--Biennially'';
(B) by striking ``Interagency'' each place it
appears;
(C) by striking ``chairperson'' and inserting
``Chairperson'';
(D) by inserting ``Natural'' before ``Resources'';
(E) by redesignating subparagraphs (A) through (E)
as paragraphs (1) through (5), respectively; and
(F) by moving all text 2 ems to the left.
SEC. 607. CONFIDENTIALITY OF SUBMITTED INFORMATION.
Section 6(2) (33 U.S.C. 1955(2)) is amended by striking ``by the
fishing industry''.
SEC. 608. DEFINITIONS.
Section 7 (33 U.S.C. 1956) is amended--
(1) in paragraph (2), by striking ``2203 of the Marine
Plastic Pollution Research and Control Act of 1987 (33 U.S.C.
1914)'' and inserting ``5 of this Act'';
(2) by striking paragraph (3) and inserting the following:
``(3) Marine debris.--The term `marine debris' means any
persistent solid material that is manufactured or processed
[[Page 126 STAT. 1579]]
and directly or indirectly, intentionally or unintentionally,
disposed of or abandoned into the marine environment or the
Great Lakes.'';
(3) by striking paragraph (5);
(4) by redesignating paragraph (7) as paragraph (5);
(5) in paragraph (5), as redesignated by paragraph (4) of
this section, by striking ``Prevention and Removal'';
(6) by striking paragraph (6) and inserting the following:
``(6) Severe marine debris event.--The term `severe marine
debris event' means atypically large amounts of marine debris
caused by a natural disaster, including a tsunami, flood,
landslide, or hurricane, or other source.''; and
(7) by redesignating paragraph (8) as paragraph (7).
SEC. 609. SEVERE MARINE DEBRIS EVENT DETERMINATION.
(a) In General.--The Administrator of the National Oceanic and
Atmospheric Administration shall determine whether the March 2011,
Tohoku earthquake and subsequent tsunami and the October 2012, hurricane
Sandy each caused a severe marine debris event (as that term is defined
in section 7(6) of the Marine Debris Act (33 U.S.C. 1956(6)), as amended
by this Act).
(b) Deadline.--Not later than 30 days after the date of enactment of
this Act, the Administrator shall provide the determination required
under subsection (a) to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure and the Committee on Natural Resources of the House of
Representatives.
TITLE VII--MISCELLANEOUS
SEC. 701. <<NOTE: 46 USC 8103 note.>> DISTANT WATER TUNA FLEET.
Section 421 of the Coast Guard and Maritime Transportation Act of
2006 (Public Law 109-241; 120 Stat. 547) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Licensing Restrictions.--
``(1) In general.--Subsection
(a) <<NOTE: Applicability.>> only applies to a foreign citizen
who holds a credential that is equivalent to the credential
issued by the Coast Guard to a United States citizen for the
position, with respect to requirements for experience, training,
and other qualifications.
``(2) Treatment of credential.--An equivalent credential
under paragraph (1) shall be considered as meeting the
requirements of section 8304 of title 46, United States Code,
but only while a person holding the credential is in the service
of the vessel to which this section applies.'';
(2) in subsection (c) by inserting ``or Guam'' before the
period at the end; and
(3) in subsection (d) by striking ``on December 31, 2012''
and inserting ``on the date the Treaty on Fisheries Between the
Governments of Certain Pacific Island States and the Government
of the United States of America ceases to have effect for any
party under Article 12.6 or 12.7 of such treaty, as in effect on
the date of enactment of the Coast Guard and Maritime
Transportation Act of 2012''.
[[Page 126 STAT. 1580]]
SEC. 702. TECHNICAL CORRECTIONS.
(a) Study of Bridges.--Section 905 of the Coast Guard Authorization
Act of 2010 (Public Law 111-281; 33 U.S.C. 494a) is amended to read as
follows:
``SEC. 905. STUDY OF BRIDGES OVER NAVIGABLE WATERS.
``The <<NOTE: Time period.>> Commandant of the Coast Guard shall
submit to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives a comprehensive study on the construction or
alteration of any bridge, drawbridge, or causeway over the navigable
waters of the United States with a channel depth of 25 feet or greater
that may impede or obstruct future navigation to or from port facilities
and for which a permit under the Act of March 23, 1906 (33 U.S.C. 491 et
seq.), popularly known as the Bridge Act of 1906, was requested during
the period beginning on January 1, 2006, and ending on August 3,
2011.''.
(b) Waiver.--Section 7(c) of the America's Cup Act of 2011 (125
Stat. 755) is amended by inserting ``located in Ketchikan, Alaska''
after ``moorage''.
SEC. 703. EXTENSION OF MORATORIUM.
Section 2(a) of Public Law 110-299 (33 U.S.C. 1342 note) is amended
by striking ``2013'' and inserting ``2014''.
SEC. 704. NOTICE OF ARRIVAL.
The regulations required under section 109(a) of the Security and
Accountability For Every Port Act of 2006 (33 U.S.C. 1223 note) dealing
with notice of arrival requirements for foreign vessels on the Outer
Continental Shelf shall not apply to a vessel documented under section
12105 of title 46, United States Code, unless the vessel arrives from a
foreign port or place.
SEC. 705. WAIVERS.
(a) Texas Star Casino.--
(1) In general.--Notwithstanding section 12113(a)(4) of
title 46, United States Code, the Secretary of the department in
which the Coast Guard is operating may issue a certificate of
documentation with a fishery endorsement for the Texas Star
Casino (IMO number 7722047).
(2) Restriction.--Notwithstanding section 12113(b)(1) of
title 46, United States Code, a fishery endorsement issued under
paragraph (1) is not valid for any fishery for which a fishery
management plan has been approved by the Secretary of Commerce
pursuant to section 304 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1854) before the date
of enactment of this Act.
(b) Ranger III.--Section 3703a of title 46, United States Code, does
not apply to the passenger vessel Ranger III (United States official
number 277361), during any period that the vessel is owned and operated
by the National Park Service.
SEC. 706. NATIONAL RESPONSE CENTER NOTIFICATION REQUIREMENTS.
The Ohio River Valley Water Sanitation Commission, established
pursuant to the Ohio River Valley Water Sanitation Compact consented to
and approved by Congress in the Act of July 11, 1940 (54 Stat. 752), is
deemed a Government agency for purposes
[[Page 126 STAT. 1581]]
of the notification requirements of section 103 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9603). The National Response Center shall convey notification,
including complete and unredacted incident reports, expeditiously to the
Commission regarding each release in or affecting the Ohio River Basin
for which notification to all appropriate Government agencies is
required.
SEC. 707. VESSEL DETERMINATIONS.
The <<NOTE: Effective date.>> vessel with United States official
number 981472 and the vessel with United States official number 988333
shall each be deemed to be a new vessel effective on the date of
delivery after January 1, 2008, from a privately owned United States
shipyard if no encumbrances are on record with the Coast Guard at the
time of the issuance of the new vessel certificate of documentation for
each vessel.
SEC. 708. MILLE LACS LAKE, MINNESOTA.
The waters of Mille Lacs Lake, Minnesota, are not waters subject to
the jurisdiction of the United States for the purposes of section 2 of
title 14, United States Code.
SEC. 709. <<NOTE: 46 USC 70105 note.>> TRANSPORTATION WORKER
IDENTIFICATION CREDENTIAL PROCESS REFORM.
Not <<NOTE: Deadline.>> later than 270 days after the date of
enactment of this Act, the Secretary of Homeland Security shall reform
the process for Transportation Worker Identification Credential
enrollment, activation, issuance, and renewal to require, in total, not
more than one in-person visit to a designated enrollment center except
in cases in which there are extenuating circumstances, as determined by
the Secretary, requiring more than one such in-person visit.
SEC. 710. INVESTMENT AMOUNT.
Not <<NOTE: Deadline.>> later than 30 days after the date of
enactment of this Act, the Secretary of the Treasury shall increase the
$22,500,000 invested in income-producing securities for purposes of
section 5006(b) of the Oil Pollution Act of 1990 (33 U.S.C. 2736(b)) by
$12,851,340.
SEC. 711. <<NOTE: 46 USC 70101 note.>> INTEGRATED CROSS-BORDER
MARITIME LAW ENFORCEMENT OPERATIONS
BETWEEN THE UNITED STATES AND CANADA.
(a) Authorization.--The Secretary of Homeland Security, acting
through the Commandant of the Coast Guard, may establish an Integrated
Cross-Border Maritime Law Enforcement Operations Program to coordinate
the maritime security operations of the United States and Canada (in
this section referred to as the ``Program'').
(b) Purpose.--The Secretary, acting through the Commandant, shall
administer the Program in a manner that results in a cooperative
approach between the United States and Canada to strengthen border
security and detect, prevent, suppress, investigate, and respond to
terrorism and violations of law related to border security.
(c) Training.--The Secretary, acting through the Commandant and in
consultation with the Secretary of State, may--
(1) establish, as an element of the Program, a training
program for individuals who will serve as maritime law
enforcement officers; and
[[Page 126 STAT. 1582]]
(2) conduct training jointly with Canada to enhance border
security, including training--
(A) on the detection and apprehension of suspected
terrorists and individuals attempting to unlawfully
cross or unlawfully use the international maritime
border between the United States and Canada;
(B) on the integration, analysis, and dissemination
of port security information by and between the United
States and Canada;
(C) on policy, regulatory, and legal considerations
related to the Program;
(D) on the use of force in maritime security;
(E) on operational procedures and protection of
sensitive information; and
(F) on preparedness and response to maritime
terrorist incidents.
(d) Coordination.--The Secretary, acting through the Commandant,
shall coordinate the Program with other similar border security and
antiterrorism programs within the Department of Homeland Security.
(e) Memoranda of Agreement.--The Secretary may enter into any
memorandum of agreement necessary to carry out the Program.
SEC. 712. BRIDGE PERMITS.
(a) In General.--For <<NOTE: 33 USC 491 note prec.>> the purposes of
reviewing a permit application pursuant to section 9 of the Act of March
3, 1899, popularly known as the Rivers and Harbors Appropriation Act of
1899 (33 U.S.C. 401), the Act of March 23, 1906, popularly known as the
Bridge Act of 1906 (33 U.S.C. 491 et seq.), the Act of June 21, 1940,
popularly known as the Truman-Hobbs Act (33 U.S.C. 511 et seq.), or the
General Bridge Act of 1946 (33 U.S.C. 525 et seq.), the Secretary of the
department in which the Coast Guard is operating may--
(1) accept voluntary services from one or more owners of a
bridge; and
(2) accept and credit to Coast Guard operating expenses any
amounts received from one or more owners of a bridge.
(b) Expedited Process.--The <<NOTE: Determinations.>> Secretary of
the department in which the Coast Guard is operating shall complete, on
an expeditious basis and using the shortest existing applicable process,
determinations on any required approval for issuance of any permits
under the jurisdiction of such department related to the construction or
alteration of a bridge over the Kill Van Kull consistent with Executive
Order No. 13604 (March 22, 2012) and the Administration's objectives for
the project.
SEC. 713. TONNAGE OF AQUEOS ACADIAN.
The <<NOTE: Termination date.>> Secretary of the department in which
the Coast Guard is operating may consider the tonnage measurements for
the vessel Aqueos Acadian (United States official number 553645)
recorded on the certificate of inspection for the vessel issued on
September 8, 2011, to be valid until May 2, 2014, if the vessel and the
use of its space is not changed after November 16, 2012, in a way that
substantially affects the tonnage of the vessel.
SEC. 714. NAVIGABILITY DETERMINATION.
(a) In General.--Not <<NOTE: Deadline. Assessment.>> later than 180
days after the date of enactment of this Act, the Commandant of the
Coast Guard shall
[[Page 126 STAT. 1583]]
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate an assessment of the impact of additional
regulatory requirements imposed on passenger vessels operating on the
Ringo Cocke Canal in Louisiana as a result of the covered navigability
determination.
(b) Restriction.--Before <<NOTE: Time period.>> the date that is 180
days after the date on which the assessment required under subsection
(a) is submitted, the Commandant may not enforce any regulatory
requirements imposed on passenger vessels operating on the Ringo Cocke
Canal in Louisiana that are a result of the covered navigability
determination.
(c) Covered Navigability Determination Defined.--In this section,
the term ``covered navigability determination'' means the Coast Guard's
Navigability Determination for Ringo Cocke Canal, Louisiana, dated March
25, 2010.
SEC. 715. COAST GUARD HOUSING.
Not <<NOTE: Deadline. Assessment. Analysis.>> later than 30 days
after the date of enactment of this Act, the Commandant of the Coast
Guard shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives the Coast Guard's
National Housing Assessment and any analysis conducted by the Coast
Guard of such assessment.
SEC. 716. ASSESSMENT OF NEEDS FOR ADDITIONAL COAST GUARD PRESENCE
IN HIGH-LATITUDE REGIONS.
Not <<NOTE: Deadline.>> later than 180 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 Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives an
assessment of the need for additional Coast Guard prevention and
response capability in the high-latitude regions. The assessment shall
address needs for all Coast Guard mission areas, including search and
rescue, marine pollution response and prevention, fisheries enforcement,
and maritime commerce. The Secretary shall include in the assessment--
(1) an analysis of the high-latitude operating capabilities
of all current Coast Guard assets other than icebreakers,
including assets acquired under the Deepwater program;
(2) an analysis of projected needs for Coast Guard
operations in the high-latitude regions; and
(3) an analysis of shore infrastructure, personnel,
logistics, communications, and resources requirements to support
Coast Guard operations in the high-latitude regions, including
forward operating bases and existing infrastructure in the
furthest north locations that are ice free, or nearly ice free,
year round.
SEC. 717. POTENTIAL PLACE OF REFUGE.
(a) Consultation.--Not <<NOTE: Deadline. Determinations.>> later
than 1 year after the date of enactment of this Act, the Commandant of
the Coast Guard shall consult with appropriate Federal agencies and with
State and local interests to determine what improvements, if any, are
necessary to designate existing ice-free facilities or infrastructure in
the Central Bering Sea as a fully functional, year-round Potential Place
of Refuge.
[[Page 126 STAT. 1584]]
(b) Purposes.--The purposes of the consultation under subsection (a)
shall be to enhance safety of human life at sea and protect the marine
environment in the Central Bering Sea.
(c) Deadline for Submission.--Not <<NOTE: Notification.>> later than
90 days after making the determination under subsection (a), the
Commandant shall inform the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives in writing of the
findings under subsection (a).
SEC. 718. MERCHANT MARINER MEDICAL EVALUATION PROGRAM.
(a) In General.--Not <<NOTE: Deadline. Assessment.>> later than 180
days after the date of enactment of this Act, the Commandant of the
Coast Guard shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate an assessment of the
Coast Guard National Maritime Center's merchant mariner medical
evaluation program and alternatives to the program.
(b) Contents.--The assessment required under subsection (a) shall
include the following:
(1) An overview of the adequacy of the program for making
medical certification determinations for issuance of merchant
mariners' documents.
(2) An analysis of how a system similar to the Federal Motor
Carrier Safety Administration's National Registry of Certified
Medical Examiners program, and the Federal Aviation
Administration's Designated Aviation Medical Examiners program,
could be applied by the Coast Guard in making medical fitness
determinations for issuance of merchant mariners' documents.
(3) An explanation of how the amendments to the
International Convention on Standards of Training, Certification
and Watchkeeping for Seafarers, 1978, that entered into force on
January 1, 2012, required changes to the Coast Guard's merchant
mariner medical evaluation program.
SEC. 719. DETERMINATIONS.
Not <<NOTE: Deadline. Assessment.>> later than 270 days after the
date of enactment of this Act, the Secretary of the department in which
the Coast Guard is operating 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 an
assessment of--
(1) the loss of United States shipyard jobs and industrial
base expertise as a result of rebuild, conversion, and double-
hull work on United States-flag vessels eligible to engage in
the coastwise trade being performed in foreign shipyards;
(2) enforcement of the Coast Guard's foreign rebuild
determination regulations; and
(3) recommendations for improving transparency in the Coast
Guard's foreign rebuild determination process.
SEC. 720. IMPEDIMENTS TO THE UNITED STATES-FLAG REGISTRY.
(a) Assessment.--Not <<NOTE: Deadline.>> later than 180 days after
the date of enactment of this Act, the Commandant of the Coast Guard
shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate an assessment of factors
[[Page 126 STAT. 1585]]
under the authority of the Coast Guard that impact the ability of
vessels documented in the United States to effectively compete in
international transportation markets.
(b) Content.--The assessment under subsection (a) shall include--
(1) a review of differences between Coast Guard policies and
regulations governing the inspection of vessels documented in
the United States and International Maritime Organization
policies and regulations governing the inspection of vessels not
documented in the United States;
(2) a statement on the impact such differences have on
operating costs for vessels documented in the United States; and
(3) recommendations on whether to harmonize any such
differences.
(c) Consultation.--In preparing the assessment under subsection (a),
the Commandant may consider the views of representatives of the owners
or operators of vessels documented in the United States and the
organizations representing the employees employed on such vessels.
SEC. 721. ARCTIC DEEPWATER SEAPORT.
(a) Study.--The Commandant of the Coast Guard, in consultation with
the Commanding General of the Army Corps of Engineers, the Maritime
Administrator, and the Chief of Naval Operations, shall conduct a study
on the feasibility of establishing a deepwater seaport in the Arctic to
protect and advance strategic United States interests within the Arctic
region.
(b) Scope.--The study under subsection (a) shall include an analysis
of--
(1) the capability provided by a deepwater seaport that--
(A) is in the Arctic (as that term is defined in the
section 112 of the Arctic Research and Policy Act of
1984 (15 U.S.C. 4111)); and
(B) has a depth of not less than 34 feet;
(2) the potential and optimum locations for such deepwater
seaport;
(3) the resources needed to establish such deepwater
seaport;
(4) the timeframe needed to establish such deepwater
seaport;
(5) the infrastructure required to support such deepwater
seaport; and
(6) any other issues the Secretary considers necessary to
complete the study.
(c) Deadline for Submission of Findings.--Not later than 1 year
after the date of enactment of this Act, the Commandant shall submit the
findings of the study under subsection (a) to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives.
SEC. 722. RISK ASSESSMENT OF TRANSPORTING CANADIAN OIL SANDS.
(a) In General.--The Commandant of the Coast Guard shall assess the
increased vessel traffic in the Salish Sea (including 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 oil sands oil.
[[Page 126 STAT. 1586]]
(b) Scope.--The assessment required under subsection (a) shall, at a
minimum, consider--
(1) the extent to which vessel (including barge, tanker, and
supertanker) traffic may increase due to Canadian oil sands
development;
(2) whether the transport of oil from Canadian oil sands
within the Salish Sea is likely to require navigation through
United States territorial waters;
(3) the rules or regulations that restrict supertanker
traffic in United States waters, including an assessment of
whether there are methods to bypass those rules or regulations
in such waters and adjacent Canadian waters;
(4) the rules or regulations that restrict the amount of oil
transported in tankers or barges in United States waters,
including an assessment of whether there are methods to bypass
those rules or regulations in such waters and adjacent Canadian
waters;
(5) the spill response capability throughout the shared
waters of the United States and Canada, including oil spill
response planning requirements for vessels bound for one nation
transiting through the waters of the other nation;
(6) the vessel emergency response towing capability at the
entrance to the Strait of Juan de Fuca;
(7) the agreement between the United States and Canada that
outlines requirements for laden tank vessels to be escorted by
tug boats;
(8) whether oil extracted from oil sands has different
properties from other types of oil, including toxicity and other
properties, that may require different maritime clean up
technologies;
(9) a risk assessment of the increasing supertanker, tanker,
and barge traffic associated with Canadian oil sands development
or expected to be associated with Canadian oil sands
development; and
(10) the potential costs and benefits to the United States
public and the private sector of maritime transportation of oil
sands products.
(c) Consultation Requirement.--In <<NOTE: Washington. Native
Americans.>> conducting the assessment required under this section, the
Commandant shall consult with the State of Washington, affected tribal
governments, and industry, including vessel operators, oil sands
producers, and spill response experts. The Commandant may consult with
the Secretary of State.
(d) Deadline for Submission.--Not later than 180 days after the date
of enactment of this Act, the Commandant shall submit the assessment
required under this section to the Committee on
[[Page 126 STAT. 1587]]
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives.
Approved December 20, 2012.
LEGISLATIVE HISTORY--H.R. 2838:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 112-229 (Comm. on Transportation and Infrastructure).
CONGRESSIONAL RECORD:
Vol. 157 (2011):
Nov. 4, 15, considered and passed
House.
Vol. 158 (2012):
Sept. 19-21, considered and passed
Senate, amended.
Dec. 5, House concurred in Senate
amendments with an amendment
pursuant to H. Res. 825.
Dec. 12, Senate concurred in House
amendment.
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