[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2838 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
September 22 (legislative day, September 21), 2012.
Resolved, That the bill from the House of Representatives (H.R.
2838) entitled ``An Act to authorize appropriations for the Coast Guard
for fiscal years 2012 through 2015, and for other purposes.'', do pass
with the following
AMENDMENTS:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Coast Guard
Authorization 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--ORGANIZATION
Sec. 201. Coast Guard authority to operate and maintain Coast Guard
assets.
Sec. 202. Clarification of Coast Guard ice operations mission.
TITLE III--PERSONNEL
Sec. 301. Acquisition workforce expedited hiring authority.
Sec. 302. Officers recommended for promotion.
Sec. 303. Original appointment of permanent commissioned officers.
Sec. 304. Academy pay, allowances, and emoluments.
Sec. 305. Academy policy on sexual harassment and sexual violence.
Sec. 306. Coast Guard auxiliarists enrollment eligibility.
TITLE IV--ADMINISTRATION
Sec. 401. Advance procurement funding.
Sec. 402. Multiyear procurement authority for Coast Guard National
Security Cutters.
Sec. 403. Requirement to maintain United States polar icebreaking
capability.
Sec. 404. National response functions.
Sec. 405. National Response Center notification requirements.
Sec. 406. Conforming amendment.
TITLE V--SHIPPING AND NAVIGATION
Sec. 501. Central Bering Sea potential place of refuge.
Sec. 502. Protection and fair treatment of seafarers.
Sec. 503. Delegation of authority.
Sec. 504. Report on establishment of arctic deep water port.
Sec. 505. Risk analysis of transporting Canadian oil sands.
Sec. 506. Eligibility to receive surplus training equipment.
TITLE VI--MARITIME ADMINISTRATION AUTHORIZATION
Sec. 601. Short title; amendment of title 46, United States Code.
Sec. 602. Marine transportation system.
Sec. 603. Short sea transportation program amendments.
Sec. 604. Maritime environmental and technical assistance program.
Sec. 605. Waiver of navigation and vessel-inspection laws.
Sec. 606. Extension of maritime security fleet program.
Sec. 607. Maritime workforce study.
Sec. 608. Maritime administration vessel recycling contract award
practices.
Sec. 609. Requirement for barge design.
TITLE VII--MISCELLANEOUS
Sec. 701. Limitation on availability of funds for procurement of
alternative fuel.
Sec. 702. Passenger vessel security and safety requirements.
Sec. 703. Oil spill liability trust fund investment amount.
Sec. 704. Vessel determinations.
Sec. 705. Alteration of bridge obstructing navigation.
Sec. 706. Notice of arrival.
Sec. 707. Waivers.
Sec. 708. Budgetary effects.
Sec. 709. Technical amendments.
TITLE I--AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Year 2013.--Funds are authorized to be appropriated for
fiscal year 2013 for necessary expenses of the Coast Guard as follows:
(1) For the operation and maintenance of the Coast Guard,
$7,077,783,000 of which $24,500,000 is authorized 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,
renovation, and improvement of aids to navigation, shore and
offshore facilities, vessels, and aircraft, including equipment
related thereto, $1,421,924,000 of which--
(A) $20,000,000 shall 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)), to remain available until expended;
(B) $642,000,000 is authorized to acquire, effect
major repairs to, renovate, or improve vessels, small
boats, and related equipment;
(C) $289,000,000 is authorized to acquire, effect
major repairs to, renovate, or improve aircraft or
increase aviation capability;
(D) $166,140,000 is authorized for other equipment;
(E) $213,692,000 is authorized for shore
facilities, aids to navigation facilities, and military
housing, of which not more than $14,000,000 shall be
derived from the Coast Guard Housing Fund; and
(F) $110,192,000 is authorized for personnel
compensation and benefits and related costs.
(3) For research, development, testing, and evaluation of
technologies, materials, and human factors directly related to
improving the performance of the Coast Guard's mission in
search and rescue, aids to navigation, marine safety, marine
environmental protection, enforcement of laws and treaties, ice
operations, oceanographic research, and defense readiness,
$19,779,000.
(4) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose), payments under the Retired Serviceman's Family
Protection and Survivor Benefit Plans, and payments for medical
and dental care of retired personnel and their dependents under
chapter 55 of title 10, United States Code, $1,440,157,000, to
remain available until expended.
(5) 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, $16,000,000.
(6) For environmental compliance and restoration functions
under chapter 19 of title 14, United States Code, $16,699,000.
(7) For operation and maintenance of the Coast Guard
Reserve program, $136,778,000.
(b) Fiscal Year 2014.--Funds are authorized to be appropriated for
fiscal year 2014 for necessary expenses of the Coast Guard as follows:
(1) For the operation and maintenance of the Coast Guard,
$7,077,783,000 of which $24,500,000 is authorized 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,
renovation, and improvement of aids to navigation, shore and
offshore facilities, vessels, and aircraft, including equipment
related thereto, $1,421,924,000 of which--
(A) $20,000,000 shall 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)), to remain available until expended;
(B) $642,000,000 is authorized to acquire, effect
major repairs, renovate, or improve vessels, small
boats, and related equipment;
(C) $289,000,000 is authorized to acquire, effect
major repairs, renovate, or improve aircraft or
increase aviation capability;
(D) $166,140,000 is authorized for other equipment;
(E) $213,692,000 is authorized for shore
facilities, aids to navigation facilities, and military
housing, of which not more than $14,000,000 shall be
derived from the Coast Guard Housing Fund; and
(F) $110,192,000 is authorized for personnel
compensation and benefits and related costs.
(3) For research, development, testing, and evaluation of
technologies, materials, and human factors directly related to
improving the performance of the Coast Guard's mission in
search and rescue, aids to navigation, marine safety, marine
environmental protection, enforcement of laws and treaties, ice
operations, oceanographic research, and defense readiness,
$19,779,000.
(4) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose), payments under the Retired Serviceman's Family
Protection and Survivor Benefit Plans, and payments for medical
and dental care of retired personnel and their dependents under
chapter 55 of title 10, United States Code, $1,440,157,000 to
remain available until expended.
(5) 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, $16,000,000.
(6) For environmental compliance and restoration functions
under chapter 19 of title 14, United States Code, $16,699,000.
(7) For operation and maintenance of the Coast Guard
Reserve program, $136,778,000.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
(a) Fiscal Year 2013.--
(1) Active duty strength.--The Coast Guard is authorized an
end-of-year strength for active duty personnel of 47,000 for
the fiscal year ending on September 30, 2013.
(2) Military training student loads.--For fiscal year 2013,
the Coast Guard is authorized average military training student
loads as follows:
(A) For recruit and special training, 2,500 student
years.
(B) For flight training, 165 student years.
(C) For professional training in military and
civilian institutions, 350 student years.
(D) For officer acquisition, 1,200 student years.
(b) Fiscal Year 2014.--
(1) Active duty strength.--The Coast Guard is authorized an
end-of-year strength for active duty personnel of 49,350 for
the fiscal year ending on September 30, 2014.
(2) Military training student loads.--For fiscal year 2014,
the Coast Guard is authorized average military training student
loads as follows:
(A) For recruit and special training, 2,625 student
years.
(B) For flight training, 173 student years.
(C) For professional training in military and
civilian institutions, 368 student years.
(D) For officer acquisition, 1,260 student years.
TITLE II--ORGANIZATION
SEC. 201. COAST GUARD AUTHORITY TO OPERATE AND MAINTAIN COAST GUARD
ASSETS.
(a) In General.--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 any other Coast Guard
assets or facilities, shall be allocated to and vested in the Coast
Guard and the department in which the Coast Guard is operating.''.
SEC. 202. CLARIFICATION OF COAST GUARD ICE OPERATIONS MISSION.
(a) Coast Guard Provision of Federal Icebreaking Services.--Chapter
5 of title 14, United States Code, is amended by inserting after
section 86 the following:
``Sec. 87. Provision of icebreaking services
``(a) In General.--Notwithstanding any other provision of law,
except as provided in subsection (b), the Coast Guard shall be the sole
supplier of icebreaking services, on an advancement or reimbursable
basis, to each Federal agency that requires icebreaking services.
``(b) Exception.--In the event that a Federal agency requires
icebreaking services and the Coast Guard is unable to provide the
services, the Federal agency may acquire icebreaking services from
another entity.''.
(b) Priority of Coast Guard Missions in Polar Regions.--
(1) Section 110.--Section 110(b)(2) of the Arctic Research
and Policy Act of 1984 (15 U.S.C. 4109(b)(2)) is amended--
(A) by inserting ``to execute the statutory
missions of the Coast Guard and'' after ``needed''; and
(B) by inserting ``and all budget authority related
to such operations'' after ``projects,''.
(2) Section 312.--Section 312(c) of the Antarctic Marine
Living Resources Convention Act of 1984 (16 U.S.C. 2441(c)) is
amended by inserting ``to execute the statutory missions of the
Coast Guard and'' after ``needed''.
(c) Conforming Amendment.--The table of contents for chapter 5 of
title 14, United States Code, is amended by inserting after the item
relating to section 86 the following:
``87. Provision of icebreaking services.''.
TITLE III--PERSONNEL
SEC. 301. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.
Section 404 of the Coast Guard Authorization Act of 2010 (124 Stat.
2950) is amended--
(1) in subsection (a)(1), by striking ``as shortage
category positions'' and inserting ``as positions for which
there is a shortage of candidates or a critical hiring need'';
and
(2) in subsection (b)--
(A) by striking ``paragraph'' and inserting
``section''; and
(B) by striking ``2012'' and inserting ``2015''.
SEC. 302. OFFICERS RECOMMENDED FOR PROMOTION.
Section 259(c)(1) of title 14, United States Code, is amended by
striking ``After selecting'' and inserting ``In selecting''.
SEC. 303. ORIGINAL APPOINTMENT OF PERMANENT COMMISSIONED OFFICERS.
Section 211 of title 14, United States Code, is amended by adding
at the end the following:
``(d) For purposes of this section, the term `original' with
respect to the appointment of a member of the Coast Guard refers to the
member's most recent appointment in the Coast Guard that is neither a
promotion nor a demotion.''.
SEC. 304. 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. 305. ACADEMY 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 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 Coast Guard 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, 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 a cadet or other Academy personnel
should follow in the case of an occurrence of sexual harassment
or sexual violence, including--
``(A) if the cadet or other Academy personnel
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 which
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) Any other sanction authorized to be imposed in a
substantiated case of sexual harassment or sexual violence
involving a cadet or other Academy personnel in rape,
acquaintance rape, or other criminal sexual offence, whether
forcible or nonforcable.
``(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 and 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,
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 of--
``(i) the policies, training, and
procedures on sexual harassment and sexual
violence involving cadets and other Academy
personnel;
``(ii) the enforcement of such policies;
``(iii) the incidence of sexual harassment
and sexual violence involving cadets and other
Academy personnel; and
``(iv) any other issues relating to sexual
harassment and sexual violence involving cadets
and other Academy personnel.
``(d) Report.--
``(1) In general.--The Commandant shall direct the
Superintendent of the Coast Guard Academy 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 Coast Guard
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 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.--In each even-numbered calendar
year that 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 Commandant's report under this
subsection.
``(e) Victim Confidentiality.--To the extent that information
collected under 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) Conforming Amendment.--The table of contents 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. 306. COAST GUARD AUXILIARISTS ENROLLMENT ELIGIBILITY.
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 of aliens lawfully admitted
for permanent residence, as defined in section 101(a)(20) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(20))--
``(1) who are owners, sole or part, of motorboats, yachts,
aircraft, or radio stations; or
``(2) who by reason of their special training or experience
are deemed by the Commandant to be qualified for duty in the
Auxiliary, and who may be enrolled therein pursuant to
applicable regulations.''.
TITLE IV--ADMINISTRATION
SEC. 401. ADVANCE PROCUREMENT FUNDING.
With respect to any Coast Guard vessel for which amounts are
appropriated or otherwise made available for vessels for the Coast
Guard in any fiscal year, the Secretary 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 effort for the
vessel;
(2) 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.
SEC. 402. MULTIYEAR PROCUREMENT AUTHORITY FOR COAST GUARD NATIONAL
SECURITY CUTTERS.
(a) In General.--Beginning with the fiscal year 2013 program year,
the Secretary of the department in which the Coast Guard is operating
may enter, under section 2306b of title 10, United States Code, into a
multiyear contract for the procurement of Coast Guard National Security
Cutters and government-furnished equipment associated with the National
Security Cutter program.
(b) Limitation.--The Secretary may not enter into a contract under
subsection (a) until--
(1) 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 under
section 2306b(a) of title 10, United States Code, such as the
analysis referred to under subsection (c) of this section; and
(2) a period of 30 days has elapsed after the date that the
Secretary submits the certification under paragraph (1).
(c) Determination of Substantial Savings.--In conducting an
analysis of substantial savings under section 2306b(a)(1) of title 10,
United States Code, the Secretary--
(1) may not limit the analysis to a simple percentage-based
metric; and
(2) shall employ a full-scale analysis of cost avoidance--
(A) based on a multiyear procurement; and
(B) 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.
SEC. 403. REQUIREMENT TO MAINTAIN UNITED STATES POLAR ICEBREAKING
CAPABILITY.
(a) Current Icebreaker Maintenance.--Until new heavy icebreakers
are acquired for operation by the Coast Guard, in order to meet Coast
Guard mission requirements, the Commandant of the Coast Guard may not--
(1) transfer, relinquish ownership of, dismantle, or
recycle the POLAR SEA or POLAR STAR;
(2) remove any part of the POLAR SEA unless it will be
installed on the POLAR STAR before it is put in ``active''
status and the Commandant certifies to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives that it is not possible for the POLAR STAR to
function properly without doing so;
(3) change the existing homeport of any Coast Guard
icebreaker; or
(4) 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.
(b) Reimbursement.--Nothing in this section shall preclude the
Secretary from seeking reimbursement for operation and maintenance
costs of the polar icebreakers from other Federal agencies and
entities, including foreign governments, that benefit from the use of
the polar icebreakers.
SEC. 404. NATIONAL RESPONSE FUNCTIONS.
(a) In General.--Section 311 of the Federal Water Pollution Control
Act (33 U.S.C. 1321) is amended--
(1) in subsection (a)--
(A) by striking paragraph (23); and
(B) redesignating paragraphs (24) through (26) as
paragraphs (23) through (25), respectively;
(2) in subsection (j)(2), by striking ``National Response
Unit.'' through ``acting through the National Response Unit''
and inserting the following:
``(2) National response functions.--The Secretary of the
department in which the Coast Guard is operating--''; and
(3) in subsection (j)(4)(C)(vi), by striking ``, and into
operating procedures of the National Response Unit''.
(b) Conforming Amendment.--Section 4202(b) of the Oil Pollution Act
of 1990 (33 U.S.C. 1321 note) is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
SEC. 405. NATIONAL RESPONSE CENTER NOTIFICATION REQUIREMENTS.
The Ohio River Valley Water Sanitation Commission, established
pursuant to the Ohio River Valley Water Sanitation Compact authorized
by House Joint Resolution 377, 74th Congress, agreed to June 8, 1936
(49 Stat. 1490), and 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 un-redacted 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. 406. CONFORMING AMENDMENT.
Section 210 of the Coast Guard and Maritime Transportation Act of
2006 (14 U.S.C. 93 note) is repealed.
TITLE V--SHIPPING AND NAVIGATION
SEC. 501. CENTRAL BERING SEA 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 for
vessels with drafts up to 25 feet and lengths overall of up to 450
feet.
(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) Report.--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. 502. PROTECTION AND FAIR TREATMENT OF SEAFARERS.
(a) In General.--Chapter 111 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 11113. Protection and fair treatment of seafarers
``(a) Purpose.--The purpose of this section shall be to ensure the
protection and fair treatment of seafarers.
``(b) Special Fund.--
``(1) Establishment.--There is established in the Treasury
a special fund known as the Support of Seafarers Fund.
``(2) Use of amounts in fund.--The amounts deposited into
the Fund shall be available to the Secretary, without fiscal
year limitation, to--
``(A) pay necessary support under subsection
(c)(1); and
``(B) reimburse a shipowner for necessary support
under subsection (c)(2).
``(3) Amounts credited to fund.--Notwithstanding any other
provision of law, the Fund may receive--
``(A) any moneys ordered to be paid to the Fund in
the form of community service under section 8B1.3 of
the United States Sentencing Guidelines Manual or to
the extent permitted under paragraph (4); and
``(B) amounts reimbursed or recovered under
subsection (e).
``(4) Prerequisite for community service credits.--The Fund
may receive credits under paragraph (3)(A) if the unobligated
balance of the Fund is less than $5,000,000.
``(5) Authorization of appropriation.--There are authorized
to be appropriated, from the Fund, for each fiscal year such
sums as may be necessary for the purposes set forth in
paragraph (2).
``(6) Report required.--
``(A) In general.--The Secretary shall submit to
Congress, concurrent with the President's budget
submission for a given fiscal year, a report that
describes--
``(i) the amounts credited to the Fund
under paragraph (3) for the preceding fiscal
year;
``(ii) in detail, the activities for which
amounts were charged; and
``(iii) the projected level of expenditures
from the Fund for the upcoming fiscal year,
based on--
``(I) on-going activities; and
``(II) new cases, derived from
historic data.
``(B) Exception.--Subparagraph (A) shall not apply
to obligations during the first fiscal year during
which amounts are credited to the Fund.
``(7) Fund manager.--The Secretary shall designate a Fund
manager. The Fund manager shall--
``(A) ensure the visibility and accountability of
transactions utilizing the Fund;
``(B) prepare the report under paragraph (6);
``(C) monitor the unobligated balance of the Fund;
and
``(D) provide notice to the Secretary and the
Attorney General whenever the unobligated balance of
the Fund is less than $5,000,000.
``(c) Authority.--The Secretary may--
``(1) pay, from amounts appropriated from the Fund,
necessary support of--
``(A) a seafarer that--
``(i) enters, remains, or is paroled into
the United States; and
``(ii) is involved in an investigation,
reporting, documentation, or adjudication of
any matter that is related to the
administration or enforcement of any treaty,
law, or regulation by the Coast Guard; and
``(B) a seafarer that the Secretary determines was
abandoned in the United States; and
``(2) reimburse, from amounts appropriated from the Fund, a
shipowner that has provided necessary support of a seafarer who
has been paroled into the United States to facilitate an
investigation, reporting, documentation, or adjudication of any
matter that is related to the administration or enforcement of
any treaty, law, or regulation by the Coast Guard, for the
costs of necessary support if the Secretary determines that
reimbursement is necessary to avoid serious injustice.
``(d) Limitation.--Nothing in this section shall be construed--
``(1) to create a right, benefit, or entitlement to
necessary support; or
``(2) to compel the Secretary to pay or reimburse the cost
of necessary support.
``(e) Reimbursement; Recovery.--
``(1) In general.--A shipowner shall reimburse the Fund an
amount equal to the total amount paid from the Fund for
necessary support of a seafarer plus a surcharge of 25 percent
of the total amount if--
``(A) the shipowner--
``(i) during the course of an
investigation, reporting, documentation, or
adjudication of any matter that the Coast Guard
referred to a United States Attorney or the
Attorney General, fails to provide necessary
support of a seafarer who was paroled into the
United States to facilitate the investigation,
reporting, documentation, or adjudication; and
``(ii) subsequently receives a criminal
penalty; or
``(B) the shipowner, under any circumstance,
abandons a seafarer in the United States, as determined
by the Secretary.
``(2) Enforcement.--If a shipowner fails to reimburse the
Fund under paragraph (1), the Secretary may--
``(A) proceed in rem against any vessel of the
shipowner in the Federal district court for the
district in which the vessel is found; and
``(B) withhold or revoke the clearance required
under section 60105 of any vessel of the shipowner
wherever the vessel is found.
``(3) Remedy.--A vessel may obtain clearance from the
Secretary after it is withheld or revoked under paragraph
(2)(B) if the shipowner reimburses the Fund the amount required
under paragraph (1).
``(f) Bond and Surety.--
``(1) Authority.--The Secretary may require a bond or a
surety satisfactory as an alternative to withholding or
revoking clearance under subsection (e) if, in the opinion of
the Secretary, the bond or surety satisfactory is necessary to
facilitate an investigation, reporting, documentation, or
adjudication of any matter that is related to the
administration or enforcement of any treaty, law, or regulation
by the Coast Guard.
``(2) Surety corporations.--A surety corporation may
provide a bond or surety satisfactory under paragraph (1) if
the surety corporation is authorized by the Secretary of the
Treasury under section 9305 of title 31 to provide surety bonds
under section 9304 of title 31.
``(3) Application.--The authority to require a bond or
surety satisfactory or to request the withholding or revocation
of the clearance under subsection (e) applies to any
investigation, reporting, documentation, or adjudication of any
matter that is related to the administration or enforcement of
any treaty, law, or regulation by the Coast Guard.
``(g) Definitions.--In this section:
``(1) Abandons; abandoned.--The term `abandons' or
`abandoned' means--
``(A) a shipowner's unilateral severance of ties
with a seafarer; or
``(B) a shipowner's failure to provide necessary
support of a seafarer.
``(2) Bond or surety satisfactory.--The term `bond or
surety satisfactory' means a negotiated instrument, the terms
of which may, at the discretion of the Secretary, include
provisions that require a shipowner--
``(A) to provide necessary support of a seafarer
who has or may have information pertinent to an
investigation, reporting, documentation, or
adjudication of any matter that is related to the
administration or enforcement of any treaty, law, or
regulation by the Coast Guard;
``(B) to facilitate an investigation, reporting,
documentation, or adjudication of any matter that is
related to the administration or enforcement of any
treaty, law, or regulation by the Coast Guard;
``(C) to stipulate to certain incontrovertible
facts, including the ownership or operation of the
vessel, or the authenticity of documents and things
from the vessel;
``(D) to facilitate service of correspondence and
legal papers;
``(E) to enter an appearance in United States
district court;
``(F) to comply with directions regarding payment
of funds;
``(G) to name an agent in the United States for
service of process;
``(H) to stipulate in United States district court
as to the authenticity of certain documents;
``(I) to provide assurances that no discriminatory
or retaliatory measures will be taken against a
seafarer involved in an investigation, reporting,
documentation, or adjudication of any matter that is
related to the administration or enforcement of any
treaty, law, or regulation by the Coast Guard;
``(J) to provide financial security in the form of
cash, bond, or other means acceptable to the Secretary;
and
``(K) to provide for any other appropriate measures
as the Secretary considers necessary to ensure the
Government is not prejudiced by granting the clearance
required under section 60105 of title 46.
``(3) Fund.--The term `Fund' means the Support of Seafarers
Fund established under this section.
``(4) Necessary support.--The term `necessary support'
means normal wages, lodging, subsistence, clothing, medical
care (including hospitalization), repatriation, and any other
expense the Secretary considers appropriate.
``(5) Seafarer.--The term `seafarer' means an alien crewman
who is employed or engaged in any capacity on board a vessel
subject to the jurisdiction of the United States. A seafarer is
a claimant for the purposes of section 30509.
``(6) Shipowner.--The term `shipowner' means an individual
or entity that owns, has an ownership interest in, or operates
a vessel subject to the jurisdiction of the United States.
``(7) Vessel subject to the jurisdiction of the united
states.--The term `vessel subject to the jurisdiction of the
United States' has the meaning given the term in section
70502(c), except that it excludes--
``(A) a vessel--
``(i) that is owned by the United States, a
State or political subdivision thereof, or a
foreign nation; and
``(ii) that is not engaged in commerce; and
``(B) a bareboat--
``(i) that is chartered and operated by the
United States, a State or political subdivision
thereof, or a foreign nation; and
``(ii) that is not engaged in commerce.
``(h) Regulations.--The Secretary may prescribe regulations to
implement this section.''.
(b) Conforming Amendment.--The table of contents for chapter 111 of
title 46, United States Code, is amended by inserting after the item
relating to section 11112 the following:
``11113. Protection and fair treatment of seafarers.''.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Support of Seafarers Fund $1,500,000 for each of
fiscal years 2013 and 2014.
SEC. 503. DELEGATION OF AUTHORITY.
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 the government of a
country designated by the Secretary of State as 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) if the Secretary of State determines that the
foreign classification society does not provide
comparable services in or for the government of a
country designated by the Secretary of State as a State
Sponsor of Terrorism.''; and
(3) by adding at the end the following--
``(e) The Secretary shall revoke an existing 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 the government of a country designated by the
Secretary of State as a State Sponsor of Terrorism.''.
SEC. 504. REPORT ON ESTABLISHMENT OF ARCTIC DEEP WATER PORT.
(a) Study.--The Commandant of the Coast Guard shall conduct a study
on the feasibility and potential of establishing a deep water sea port
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 that a deep water sea port would
provide;
(2) the potential and optimum locations for the port;
(3) the resources needed to establish the port;
(4) the time frame needed to establish the port;
(5) the infrastructure required to support the port; and
(6) any other issues the Secretary considers necessary to
complete the study.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Commandant shall submit a report on 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. 505. RISK ANALYSIS 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 the Puget Sound,
the Strait of Georgia, Haro Strait, Rosario Strait, and the Strait of
Juan de Fuca), that may occur from the transport of Canadian oil sands
oil.
(b) Scope.--The analysis required under subsection (a) shall, at a
minimum, consider--
(1) the extent to which vessel (barge, tanker, and
supertanker) traffic may increase due to Canadian oil sands
development;
(2) whether transport of Canadian oil sands within the
Salish Sea is likely to require navigation through United
States territorial waters;
(3) the rules and regulations that restrict supertanker
traffic in United States waters, including an assessment of
whether there are methods to bypass those rules in such
waterways and adjacent Canadian waters;
(4) the rules and 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 in such waterways and adjacent Canadian waters;
(5) the spill response capability throughout the shared
water 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, which 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 U.S. public
and the private sector of maritime transportation of oil sands
products.
(c) Consultation Requirement.--In conducting the analysis required
under this section, the Commandant shall consult with the State of
Washington and affected tribal governments. The Commandant is also
strongly encouraged to consult with the Secretary of State.
(d) Report.--Not later than 180 days after the date of enactment of
this Act, the Commandant shall submit a report based on the analysis
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. 506. ELIGIBILITY TO RECEIVE SURPLUS TRAINING EQUIPMENT.
Section 51103(b)(2)(C) of title 46, United States Code, is amended
by inserting ``or a training institution that is an instrumentality of
a State, Territory, or Commonwealth of the United States or District of
Columbia or a unit of local government thereof'' after ``a non-profit
training institution''.
TITLE VI--MARITIME ADMINISTRATION AUTHORIZATION
SEC. 601. SHORT TITLE; AMENDMENT OF TITLE 46, UNITED STATES CODE.
(a) Short Title.--This title may be cited as the ``Maritime
Administration Authorization Act for Fiscal Year 2013''.
(b) Amendment of Title 46, United States Code.--Except as otherwise
expressly provided, whenever in this title an amendment or repeal is
expressed in terms of an amendment to, or a repeal of, a section or
other provision, the reference shall be considered to be made to a
section or other provision of title 46, United States Code.
SEC. 602. MARINE TRANSPORTATION SYSTEM.
(a) Report on Status of System.--Section 50109(d) is amended to
read as follows:
``(d) Marine Transportation System.--
``(1) Report on waterways.--Not later than October 1, 2013,
the Secretary, in consultation with the Secretary of Defense
and the commanding officer of the Army Corps of Engineers, and
with the concurrence of the Secretary of the department in
which the Coast Guard is operating, shall submit a report to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of
Representatives on the status of the Nation's coastal and
inland waterways that--
``(A) describes the state of the United States'
marine transportation infrastructure, including
intercoastal infrastructure, intracoastal
infrastructure, inland waterway infrastructure, ports,
and marine facilities;
``(B) provides estimates of the investment levels
required--
``(i) to maintain the infrastructure; and
``(ii) to improve the infrastructure; and
``(C) describes the overall environmental
management of the maritime transportation system and
the integration of environmental stewardship into the
overall system.
``(2) Marine transportation.--The Secretary may
investigate, make determinations concerning, and develop a
repository of statistical information relating to marine
transportation, including its relationship to transportation by
land and air, to facilitate research, assessment, and
maintenance of the maritime transportation system. As used in
this paragraph, the term `marine transportation' includes
intercoastal transportation, intracoastal transportation,
inland waterway transportation, ports, and marine facilities.
``(3) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary such sums as may
be necessary to carry out this subsection.''.
(b) Container-on-barge Transportation.--
(1) Assessment and report.--Not later than 6 months after
the date of enactment of this Act, the Maritime Administration
shall assess the potential for using container-on-barge
transportation on the inland waterways system and submit a
report, together with the Administration's findings,
conclusions, and recommendations, to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Armed Services and the Committee on Transportation and
Infrastructure of the House of Representatives. If the
Administration determines that it would be in the public
interest, the report may include recommendations for a plan to
increase awareness of the potential for use of such container-
on-barge transportation and recommendations for the development
and implementation of such a plan.
(2) Factors.--In conducting the assessment, the
Administration shall consider--
(A) the environmental benefits of increasing
container-on-barge movements on our inland and
intracoastal waterways system;
(B) the regional differences in the inland
waterways system;
(C) the existing programs established at coastal
and Great Lakes ports for establishing awareness of
deep sea shipping operations;
(D) the mechanisms to ensure that implementation of
the plan will not be inconsistent with antitrust laws;
and
(E) the potential frequency of service at inland
river ports.
SEC. 603. SHORT SEA TRANSPORTATION PROGRAM AMENDMENTS.
(a) Program Purpose.--Section 55601(a) is amended by inserting
``and to promote more efficient use of the navigable waters of the
United States'' after ``congestion''.
(b) Designation of Routes.--Section 55601(c) is amended by
inserting ``and to promote more efficient use of the navigable waters
of the United States'' after ``coastal corridors''.
(c) Project Designation.--Section 55601(d) is amended to read as
follows:
``(d) Project Designation.--The Secretary may designate a project
as a short sea transportation project if the Secretary determines that
the project--
``(1) mitigates landside congestion; or
``(2) promotes more efficient use of the navigable waters
of the United States.''.
(d) Documentation.--Section 55605 is amended by striking ``by
vessel'' and inserting ``by a documented vessel''.
SEC. 604. MARITIME ENVIRONMENTAL AND TECHNICAL ASSISTANCE PROGRAM.
(a) In General.--Chapter 503 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 establish a
maritime environmental and technical assistance program to 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
Untied States registry, and through partnerships and cooperative
efforts with academic, public, private, and non-governmental entities
and facilities.
``(b) Program Requirements.--The program shall--
``(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) be coordinated with the Environmental Protection
Agency, the United States Coast Guard, and other Federal,
State, local, or tribal agencies, as appropriate.
``(c) Program Coordination.--Program 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) Funding and Fees.--
``(1) In general.--In carrying out the maritime
environmental and technical assistance program, the Secretary
of Transportation may apply such funds as may be appropriated
and such funds or resources as may become available by gift,
cooperative agreement, or otherwise, including the collection
of fees, for the purposes of the program and its
administration.
``(2) Establishment of fees.--Pursuant to section 9701 of
title 31, the Secretary of Transportation may promulgate
regulations establishing fees to recover reasonable costs to
the Secretary and to academic, public, and non-governmental
entities associated with the program.
``(3) Fee deposit.--Any fees collected under this section
shall be deposited in a special fund of the United States
Treasury for services rendered under the program, which
thereafter shall remain available until expended to carry out
the Secretary of Transportation's activities for which the fees
were collected.
``(e) Report.--The Secretary of Transportation shall report on the
activities, expenditures, and results of the maritime environmental and
technical assistance program during the preceding fiscal year in the
annual budget submission to Congress.''.
(b) Conforming Amendment.--The table of contents for chapter 503 is
amended by inserting after the item relating to section 50306 the
following:
``50307. Maritime environmental and technical assistance program.''.
SEC. 605. WAIVER OF NAVIGATION AND VESSEL-INSPECTION LAWS.
Section 501(b) is amended by adding ``A waiver shall be accompanied
by a certification by the individual and the Administrator 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 that it is not possible to use a United States flag
vessel or United States flag vessels collectively to meet the national
defense requirements.'' after ``prescribes.''.
SEC. 606. EXTENSION OF MARITIME SECURITY FLEET PROGRAM.
(a) Section 53101 is amended--
(1) by amending paragraph (4) to read as follows:
``(4) Foreign commerce.--The term `foreign commerce'
means--
``(A) commerce or trade between the United States,
its territories or possessions, or the District of
Columbia, and a foreign country; and
``(B) commerce or trade between foreign
countries.'';
(2) by striking paragraph (5);
(3) by redesignating paragraphs (6) through (13) as
paragraphs (5) through (12), respectively; and
(4) by amending paragraph (5), as redesignated, to read as
follows:
``(5) Participating fleet vessel.--The term `participating
fleet vessel' means any vessel that--
``(A) on October 1, 2015--
``(i) meets the requirements of paragraph
(1), (2), (3), or (4) of section 53102(c); and
``(ii) is less than 20 years of age if the
vessel is a tank vessel, or is less than 25
years of age for all other vessel types; and
``(B) on December 31, 2014, is covered by an
operating agreement under this chapter.''.
(b) Section 53102(b) is amended to read as follows:
``(b) Vessel Eligibility.--A vessel is eligible to be included in
the Fleet if--
``(1) the vessel meets the requirements of paragraph (1),
(2), (3), or (4) of subsection (c);
``(2) the vessel is operated (or in the case of a vessel to
be constructed, will be operated) in providing transportation
in foreign commerce;
``(3) the vessel is self-propelled and--
``(A) is a tank vessel that is 10 years of age or
less on the date the vessel is included in the Fleet;
or
``(B) is any other type of vessel that is 15 years
of age or less on the date the vessel is included in
the Fleet;
``(4) the vessel--
``(A) is suitable for use by the United States for
national defense or military purposes in time of war or
national emergency, as determined by the Secretary of
Defense; and
``(B) is commercially viable, as determined by the
Secretary; and
``(5) the vessel--
``(A) is a United States-documented vessel; or
``(B) is not a United States-documented vessel,
but--
``(i) the owner of the vessel has
demonstrated an intent to have the vessel
documented under chapter 121 of this title if
it is included in the Fleet; and
``(ii) at the time an operating agreement
for the vessel is entered into under this
chapter, the vessel is eligible for
documentation under chapter 121 of this
title.''.
(c) Section 53103 is amended--
(1) by amending subsection (b) to read as follows:
``(b) Extension of Existing Operating Agreements.--
``(1) Offer to extend.--Not later than 60 days after the
date of enactment of the Maritime Administration Authorization
Act for Fiscal Year 2013, the Secretary shall offer, to an
existing contractor, to extend, through September 30, 2025, an
operating agreement that is in existence on the date of
enactment of that Act. The terms and conditions of the extended
operating agreement shall include terms and conditions
authorized under this chapter, as amended from time to time.
``(2) Time limit.--An existing contractor shall have not
later than 120 days after the date the Secretary offers to
extend an operating agreement to agree to the extended
operating agreement.
``(3) Subsequent award.--The Secretary may award an
operating agreement to an applicant that is eligible to enter
into an operating agreement for fiscal years 2016 through 2025
if the existing contractor does not agree to the extended
operating agreement under paragraph (2).''; and
(2) by amending subsection (c) to read as follows:
``(c) Procedure for Awarding New Operating Agreements.--The
Secretary may enter into a new operating agreement with an applicant
that meets the requirements of section 53102(c) (for vessels that meet
the qualifications of section 53102(b)) on the basis of priority for
vessel type established by military requirements of the Secretary of
Defense. The Secretary shall allow an applicant at least 30 days to
submit an application for a new operating agreement. After
consideration of military requirements, priority shall be given to an
applicant that is a U.S. citizen under section 50501 of this title. The
Secretary may not approve an application without the consent of the
Secretary of Defense. The Secretary shall enter into an operating
agreement with the applicant or provide a written reason for denying
the application.''.
(d) Section 53104 is amended--
(1) in subsection (c), by striking paragraph (3); and
(2) in subsection (e), by striking ``an operating agreement
under this chapter is terminated under subsection (c)(3), or
if''.
(e) Section 53105 is amended--
(1) by amending subsection (e) to read as follows:
``(e) Transfer of Operating Agreements.--A contractor under an
operating agreement may transfer the agreement (including all rights
and obligations under the operating agreement) to any person that is
eligible to enter into the operating agreement under this chapter if
the Secretary and the Secretary of Defense determine that the transfer
is in the best interests of the United States. A transaction shall not
be considered a transfer of an operating agreement if the same legal
entity with the same vessels remains the contracting party under the
operating agreement.''; and
(2) by amending subsection (f) to read as follows:
``(f) Replacement Vessels.--A contractor may replace a vessel under
an operating agreement with another vessel that is eligible to be
included in the Fleet under section 53102(b), if the Secretary, in
conjunction with the Secretary of Defense, approves the replacement of
the vessel.''.
(f) Section 53106 is amended--
(1) in subsection (a)(1), by striking ``and (C) $3,100,000
for each of fiscal years 2012 through 2025.'' and inserting the
following:
``(C) $3,100,000 for each of fiscal years 2012,
2013, 2014, 2015, 2016, 2017, and 2018;
``(D) $3,500,000 for each of fiscal years 2019,
2020, and 2021; and
``(E) $3,700,000 for each of fiscal years 2022,
2023, 2024, and 2025.'';
(2) in subsection (c)(3)(C), by striking ``a LASH vessel.''
and inserting ``a lighter aboard ship vessel.''; and
(3) by striking subsection (f).
(g) Section 53107(b)(1) is amended to read as follows:
``(1) In general.--An Emergency Preparedness Agreement
under this section shall require that a contractor for a vessel
covered by an operating agreement under this chapter shall make
commercial transportation resources (including services)
available, upon request by the Secretary of Defense during a
time of war or national emergency, or whenever the Secretary of
Defense determines that it is necessary for national security
or contingency operation (as that term is defined in section
101 of title 10, United States Code).''.
(h) Section 53109 is repealed.
(i) Section 53111 is amended--
(1) by striking ``and'' at the end of paragraph (2); and
(2) by striking paragraph (3) and inserting the following:
``(3) $186,000,000 for each of fiscal years 2012, 2013,
2014, 2015, 2016, 2017, and 2018;
``(4) $210,000,000 for each of fiscal years 2019, 2020, and
2021; and
``(5) $222,000,000 for each fiscal year thereafter through
fiscal year 2025.''.
(j) Authorization of Appropriations; Maintenance and Repair
Reimbursement Pilot Program.--Section 3517(i) of the Maritime Security
Act of 2003 (46 U.S.C. 53101 note) is amended by striking ``2011'' and
inserting ``2025''.
(k) Effective Date of Amendments.--The amendments made by--
(1) paragraphs (2), (3), and (4) of section 606(a) of this
Act take effect on December 31, 2014; and
(2) section 606(f)(2) of this Act take effect on December
31, 2014.
SEC. 607. 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 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 Nation's maritime training
infrastructure to meet the current needs of the maritime
industry;
(3) evaluate the ability of the Nation's maritime training
infrastructure to effectively meet the needs of the maritime
industry in the future;
(4) identify trends in maritime training;
(5) compare the training needs of U.S. 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 U.S. mariners;
(6) include recommendations for future programs to enhance
the capabilities of the Nation's maritime training
infrastructure; and
(7) include recommendations for future programs to assist
U.S. mariners and those entering the maritime profession
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. 608. MARITIME ADMINISTRATION VESSEL RECYCLING CONTRACT AWARD
PRACTICES.
(a) In General.--Not later than 12 months after the date of
enactment of this Act, the Inspector General of the Department of
Transportation 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. The
Inspector General shall assess the process, procedures, and practices
used for the Maritime Administration's qualification of vessel
recycling facilities. The Inspector General shall report the findings
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.
(b) Assessment.--The assessment under subsection (a) shall include
a review of whether the Maritime Administration's contract source
selection procedures and practices are consistent with law, the Federal
Acquisition Regulations (FAR), and Federal best practices associated
with making source selection decisions.
(c) Considerations.--In making the assessment under subsection (a),
the Inspector General may consider any other aspect of the Maritime
Administration's vessel recycling process that the Inspector General
deems appropriate to review.
SEC. 609. REQUIREMENT FOR BARGE DESIGN.
Not later than 9 months after the date of enactment of this Act,
the Administrator of the Maritime Administration shall complete the
design for a containerized articulated barge 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 for use in marine highway maritime commerce.
TITLE VII--MISCELLANEOUS
SEC. 701. LIMITATION ON AVAILABILITY OF FUNDS FOR PROCUREMENT OF
ALTERNATIVE FUEL.
None of the funds authorized to be appropriated by this Act or
otherwise made available during fiscal year 2013 or 2014 for the Coast
Guard may be obligated or expended for the production or purchase of
any alternative fuel if the cost of producing or purchasing the
alternative fuel exceeds the cost of producing or purchasing a
traditional fossil fuel that would be used for the same purpose as the
alternative fuel.
SEC. 702. PASSENGER VESSEL SECURITY AND SAFETY REQUIREMENTS.
(a) Vessel Design, Equipment, Construction, and Retrofitting
Requirements.--Section 3507(a) of title 46, United States Code, is
amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``to which this subsection applies'' and
inserting ``to which this section applies'';
(B) in subparagraph (A)--
(i) by striking ``The vessel'' and
inserting ``Each exterior deck of a vessel'';
and
(ii) by striking the period at the end and
inserting ``unless the height requirement would
interfere with the deployment of a lifesaving
device or other emergency equipment as
identified by the Commandant.''; and
(C) in subparagraph (B), by striking ``entry doors
that include peep holes or other means of visual
identification.'' and inserting ``an entry door that
includes a peep hole or other means of visual
identification that provides an unobstructed view of
the area outside the stateroom or crew cabin. For
purposes of this subparagraph, the addition of an
optional privacy cover on the interior side of the
entry shall not in and of itself constitute an
obstruction.''; and
(2) in paragraph (3)--
(A) by striking ``subparagraph (B)'' in
subparagraph (A) and inserting ``subparagraphs (B) and
(C)''; and
(B) by adding at the end the following:
``(C) Ship rail, entry door, and technology
requirements.--The requirements of subparagraphs (A)
and (B) of paragraph (1) take effect on the date of
enactment of the Coast Guard Authorization Act of
2012.''.
(b) Video Recording.--Section 3507(b)(1) of title 46, United States
Code, is amended to read as follows:
``(1) Requirement to maintain surveillance.--
``(A) In general.--The owner of a vessel to which
this section applies shall maintain a video
surveillance system to assist in documenting crimes on
the vessel and in providing evidence for the
prosecution of such crimes, as determined by the
Secretary.
``(B) Assessment.--Not later than 120 days after
the date of enactment of the Coast Guard Authorization
Act of 2012, the owner of a vessel to which this
section applies shall perform and submit to the
Commandant a criminal and passenger safety risk
assessment to determine the appropriate placement of
video surveillance equipment on the vessel. The
assessment shall require consideration of camera
placement in areas where video surveillance may assist
in documenting crimes on the vessel and in providing
evidence of such crimes. The assessment shall make
recommendations as to the appropriate placement of
video surveillance equipment throughout the vessel,
including passenger and crew common areas where there
is no expectation of privacy, as to the frequency or
infrequency of crimes in areas of the vessel, and as to
the use of cameras in areas of perceived higher risk.
The Commandant shall have authority to review, modify,
and require modifications to the assessment to provide
for additional video coverage of a vessel.
``(C) Interim retention requirements.--The owner of
a vessel to which this section applies shall retain all
video images for a voyage for not less than 10 days
after the date that the images are recorded. If an
incident described in subsection (g)(3)(A)(i) is
alleged and reported to law enforcement, all video
images for a voyage that the Federal Bureau of
Investigation determines relevant shall--
``(i) be provided to the Federal Bureau of
Investigation; and
``(ii) be preserved by the vessel owner for
not less than 3 years from the date of the
Federal Bureau of Investigation's
determination.
``(D) Retention requirements.--Not later than 3
years after the date of enactment of the Coast Guard
Authorization Act of 2012, the Commandant, in
consultation with the Federal Bureau of Investigation,
shall promulgate standards for the retention of video
surveillance records. The Commandant shall consider
factors that would aid in the investigation of serious
crimes, including crimes that go unreported until after
the completion of a voyage. The Commandant shall
consider the different types of video surveillance
systems and storage requirements in creating standards
both for vessels currently in operation and for vessels
newly built.''.
(c) Sexual Assault.--Section 3507(d)(1) of title 46, United States
Code, is amended by inserting ``(taking into consideration the length
of the voyage and the number of passengers and crewmembers that the
vessel can accommodate)'' after ``a sexual assault''.
(d) Crew Access to Passenger Staterooms.--Section 3507(f)(2) of
title 46, United States Code, is amended by striking ``are fully and
properly implemented and periodically reviewed.'' and inserting ``are
fully and properly implemented, reviewed annually, and updated as
necessary.''.
(e) Log Book and Reporting Requirements.--Section 3507(g) of title
46, United States Code, is amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--The owner of a vessel to which this
section applies shall--
``(A) record in a log book, either electronically
or otherwise, a report on--
``(i) all complaints of crimes described in
paragraph (3)(A)(i);
``(ii) all complaints of theft of property
valued in excess of $1,000; and
``(iii) all complaints of other crimes
committed on any voyage that embarks or
disembarks passengers in the United States; and
``(B) make the log book and all entries therein
available, whether the log book and entries are
maintained onboard the vessel or at a centralized
location off the vessel, upon request to--
``(i) any agent of the Federal Bureau of
Investigation performing official duties in the
course and scope of an investigation;
``(ii) any member of the United States
Coast Guard performing official duties in the
course and scope of an investigation; and
``(iii) any law enforcement officer
performing official duties in the course and
scope of an investigation.'';
(2) in paragraph (3)(A)--
(A) in clause (i), by striking ``as soon as
possible after the occurrence on board the vessel of an
incident'' and inserting ``not later than 24 hours
after the vessel is notified of an incident on board
the vessel''; and
(B) in clause (ii), by striking ``the incident''
and inserting ``each incident under clause (i),
including the details under paragraph (2),''; and
(3) in paragraph (4)--
(A) by amending subparagraph (A) to read as
follows:
``(A) Website.--
``(i) In general.--The Secretary shall
maintain a statistical compilation of all
incidents described in paragraph (3)(A)(i) on
an Internet site that provides a numerical
accounting of the missing persons and alleged
crimes recorded in each report filed under
paragraph (3)(A)(i). Each such incident shall
be included in the statistical compilation
regardless of whether the incident is under
investigation by the Federal Bureau of
Investigation or not, unless the Bureau
determines through the investigative process
the report to be unfounded. If determined to be
unfounded, the incident shall not be included
in the statistical compilation or shall be
removed when the determination is made. The
data shall be updated no less frequently than
quarterly, aggregated by cruise line, each
cruise line shall be identified by name and
each crime and alleged crime shall be
identified as to whether it was committed or
allegedly committed by a passenger or crew
member and against a passenger or crew member.
The Secretary shall also include on the
Internet site a rate of crime, comparable to
that provided under the Uniform Crime Reporting
Program, as determined by the Federal Bureau of
Investigation. The rate shall take into account
the total number of passengers and crew members
carried by each reporting cruise line on
voyages that embark or disembark in the United
States during the reporting period, and shall
be adjusted by the Bureau to reflect the
average length of time such persons were on
board, as documented to the Secretary by each
reporting cruise line.
``(ii) Definition of unfounded.--For
purposes of this subparagraph, the term
`unfounded' means an allegation that is
determined through the course of an
investigation to be false or baseless.'';
(B) by redesignating subparagraph (B) as
subparagraph (C);
(C) by inserting after subparagraph (A) the
following:
``(B) Reports of incidents.--The Federal Bureau of
Investigation shall furnish quarterly to the Secretary,
the Committee on Commerce, Science, and Transportation
and the Committee on Judiciary of the Senate, and the
Committee on Transportation and Infrastructure and the
Committee on Judiciary of the House of Representatives
a numerical accounting of each incident reported to a
Federal Bureau of Investigation Field Office under
paragraph (3)(A)(i) that quarter.''; and
(D) in subparagraph (C), as redesignated--
(i) by striking ``taking on or
discharging'' and inserting ``that takes on or
discharges''; and
(ii) by striking ``a link'' and inserting
``, on any Internet site that the cruise line
maintains to purchase or book cruises on any
vessel that the cruise line owns or operates,
and to which this section applies, a
prominently accessible link''.
(f) Procedures.--Section 3507(i) of title 46, United States Code,
is amended by striking ``Within 6 months after the date of enactment of
the Cruise Vessel Security and Safety Act of 2010, the'' and inserting
``The''.
(g) Regulations.--Section 3507(j) of title 46, United States Code,
is amended by striking ``shall each'' and inserting ``are authorized
each to''.
(h) Definitions.--Section 3507(l) of title 46, United States Code,
is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting before paragraph (3), as redesignated, the
following:
``(2) Exterior deck.--The term `exterior deck' means any
exterior weather deck on which a passenger may be present,
including passenger stateroom balconies, exterior promenades on
passenger decks, muster stations, and similar exterior weather
deck areas.''; and
(3) by adding at the end the following:
``(4) Time-sensitive key technology.--The term `time-
sensitive key technology' means an electronic lock or key, or
both that may be programmed to prohibit a person that lacks
permission to enter a guest stateroom or crew cabin.''.
SEC. 703. OIL SPILL LIABILITY TRUST FUND INVESTMENT AMOUNT.
Not later than 30 days after the date of enactment of this Act, the
Secretary of the Treasury shall increase the amount invested in income
producing securities under section 5006(b) of the Oil Pollution Act of
1990 (33 U.S.C. 2736(b)) by $12,851,340.
SEC. 704. VESSEL DETERMINATIONS.
(a) Vessels Deemed New Vessels.--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 United States
Coast Guard at the time of the issuance of the new vessel certificate
of documentation for each vessel.
(b) Safety Inspection.--Each vessel under subsection (a) shall be
subject to the vessel safety and inspection requirements of title 46,
United States Code (as in effect on the day before the date of
enactment of this Act), applicable to any such vessel.
SEC. 705. ALTERATION OF BRIDGE OBSTRUCTING NAVIGATION.
(a) Requirement to Commence Administrative Review.--Not later than
15 days after the date of enactment of this Act, the Secretary of the
department in which the Coast Guard is operating shall certify to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives that the Coast Guard has commenced the required
interagency administrative review of the pending proposal to alter the
bridge that is unreasonably obstructing navigation and that spans the
Kill Van Kull, connecting Bayonne, New Jersey, and Staten Island, New
York.
(b) Expedited Process.--The Commandant--
(1) shall expedite the interagency administrative review
under subsection (a); and
(2) may use any resources offered to the Coast Guard by the
bridge owner for the purpose of paragraph (1).
(c) Deadline for Completion.--Not later than November 30, 2012, the
Coast Guard shall complete the interagency administrative review under
subsection (a).
SEC. 706. 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. 707. WAIVERS.
(a) F/V TEXAS STAR CASINO.--Notwithstanding subchapter II of
chapter 121 and chapter 551 of title 46, United States Code, the
Secretary of the department in which the Coast Guard is operating may
issue a fishery endorsement and a license under chapter 121 for the
fishing vessel TEXAS STAR CASINO (IMO number 7722047).
(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), so long as it is owned and operated by the
National Park Service.
SEC. 708. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 931 et seq.),
shall be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for
printing in the Congressional Record by the Chairman of the Senate
Budget Committee, provided that such statement has been submitted prior
to the vote on passage.
SEC. 709. TECHNICAL AMENDMENTS.
(a) Continuation on Active Duty.--Section 290(a) of title 14,
United States Code, is amended in the second sentence by striking ``in
the grade of vice admiral'' and inserting ``in or above the grade of
vice admiral''.
(b) Failure of Selection and Removal From Active Status.--Section
740(d) of title 14, United States Code, is amended by striking ``that
appointment'' and inserting ``that Reserve appointment''.
(c) Table of Contents.--The table of contents for chapter 17 of
title 14, United States Code, is amended--
(1) by striking the item relating to section 669 and
inserting the following:
``669. Telephone installation and charges.''; and
(2) by striking the item relating to section 674 and
inserting the following:
``674. Small boat station rescue capability.''.
(d) 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''.
Amend the title so as to read: ``An Act to authorize
appropriations for the Coast Guard for fiscal years 2013
through 2014, and for other purposes.''.
Attest:
Secretary.
112th CONGRESS
2d Session
H.R. 2838
_______________________________________________________________________
AMENDMENTS