[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2838 Engrossed Amendment House (EAH)]

                In the House of Representatives, U. S.,

                                                      December 5, 2012.
    Resolved, That the House agree to the amendment of the Senate to 
the title of the bill (H.R. 2838) entitled ``An Act to authorize 
appropriations for the Coast Guard for fiscal years 2012 through 2015, 
and for other purposes.'' and be it further
    Resolved, That the House agree to the amendment of the Senate to 
the text of the aforesaid bill, with the following:

                 HOUSE AMENDMENT TO SENATE AMENDMENTS:

            In lieu of the matter proposed to be inserted by the 
      amendment of the Senate to the text of the bill, insert the 
      following:

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.
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:
            (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.

                         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, 
        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 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;
                            ``(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.''.

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) 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 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 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--
                            ``(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) 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 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 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) 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.''.
    (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 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 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 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 
        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 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;
            ``(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;
            ``(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--
            ``(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) 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:
``Sec. 678. Aircraft accident investigations
    ``(a) In General.--Whenever 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 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 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:

                 ``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 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--
            ``(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;
            ``(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. RENEWAL OF TEMPORARY EARLY RETIREMENT AUTHORITY.

    For fiscal years 2013 through 2018--
            (1) 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
                    (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. NATIONAL SECURITY CUTTERS.

    (a) In General.--
            (1) Multiyear authority.--In 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 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) 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.
    (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) 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) awarded a contract for detailed design and construction 
        for the Offshore Patrol Cutter.

SEC. 222. COAST GUARD POLAR ICEBREAKERS.

    (a) In General.--The 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 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.
                    (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 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 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) 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 section shall cease to have effect on September 
30, 2022.

                   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) 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) 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 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:
    ``(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);
                    (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) 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) 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) 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) 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.''.
    (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 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 (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) 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) 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'';
            (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.
    ``(d) Support.--
            ``(1) Coordinating board.--
                    ``(A) In general.--There 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 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 
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.''.

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 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:
``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 
        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.''.

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 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.

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 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;
            (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 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 V--PIRACY

SEC. 501. 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:
``Sec. 51705. Training for use of force against piracy
    ``The 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 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) 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 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 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 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''.
    (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) 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 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 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 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. 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) 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''.

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 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 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 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. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL PROCESS 
              REFORM.

    Not 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 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. 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
            (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 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 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 13604 (March 22, 2012) and the Administration's objectives for 
the project.

SEC. 713. TONNAGE OF AQUEOS ACADIAN.

    The 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 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 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 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 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 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 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.
    (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 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 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 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 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 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.
    (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 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 Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives.

            Attest:

                                                                 Clerk.
112th CONGRESS

  2d Session

                               H.R. 2838

_______________________________________________________________________

                  HOUSE AMENDMENT TO SENATE AMENDMENTS