[Congressional Record Volume 158, Number 155 (Wednesday, December 5, 2012)]
[House]
[Pages H6626-H6644]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COAST GUARD AUTHORIZATION ACT OF 2012 AMENDMENTS
Mr. LoBIONDO. Mr. Speaker, I move to suspend the rules and agree to
the resolution (H. Res. 825) providing for the concurrence by the House
in the Senate amendments to H.R. 2838, with an amendment.
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 825
Resolved, That upon the adoption of this resolution the
House shall be considered to have taken from the Speaker's
table the bill, H.R. 2838, with the Senate amendments
thereto, and to have concurred in the Senate amendments with
the following amendment:
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.
[[Page H6627]]
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.''.
[[Page H6628]]
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.
[[Page H6629]]
``(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;
[[Page H6630]]
``(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--
[[Page H6631]]
``(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
[[Page H6632]]
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
[[Page H6633]]
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:
[[Page H6634]]
``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.''.
[[Page H6635]]
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).
[[Page H6636]]
(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--
[[Page H6637]]
(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.'';
[[Page H6638]]
(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
[[Page H6639]]
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
[[Page H6640]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. LoBiondo) and the gentleman from Washington (Mr. Larsen)
each will control 20 minutes.
The Chair recognizes the gentleman from New Jersey.
General Leave
Mr. LoBIONDO. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on House Resolution 825.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. LoBIONDO. Mr. Speaker, I yield to the chairman of the full
committee, Mr. Mica, such time as he may consume.
Mr. MICA. I thank the gentleman for yielding.
First, I want to take a moment to thank Mr. LoBiondo for his
outstanding leadership of the Coast Guard Committee, and also Mr.
Larsen, the ranking member from Washington. I know Frank LoBiondo has a
great love for the United States Coast Guard. He has worked diligently,
long, and tirelessly for one of our most important branches and most
historic branches of government over the years and dedicated part of
his time, but a full commitment, to the United States Coast Guard.
As we take up H.R. 2838 today, as we consider that reauthorization
for the United States Coast Guard--and Congress must authorize every
program. We create the Coast Guard by law. We must also set the policy
and the programs and the funding levels through our committee, an
important responsibility.
Now, we have an important responsibility, but we're reminded again,
even in the last few days, of the death of one of our Coast Guard
officers, Chief Mate Terrell Horne. He was killed protecting the United
States. I think it was drug smugglers who took his life in southern
California while a small boat was trying to stop their activities. Here
again we are painfully reminded of the sacrifice of those men and women
in service to the United States. So this morning, I really would like
to dedicate this reauthorization to his memory and the memory of all
the men and women who have served in the Coast Guard.
I had lost one young lady from St. Augustine in the Arctic. I
remember that tragic loss of her life and so many others who have
served us well in the United States Coast Guard, an important national
security and safety agency that protects us day in and day out, 24/7.
So we are reminded of their sacrifices and, today, of our
responsibility.
To succeed at the many jobs that we assign members of the Coast
Guard, they must have the resources on the water and the docks to
complete their important mission. This bill authorizes the Coast Guard
for fiscal years 2013 and 2014. It's a total of $8.6 billion. Of
course, when you talk about trillions in our Federal budget and
activities, it's a small amount for the more than 50,000 Coast Guard
men and women and for the programs that they undertake again each day.
{time} 0920
One of the things we've tried to do is make the regulatory burden on
fishermen more reasonable by extending some of the time they undergo to
have dockside examinations. Again, in addition to serving national
security purposes and maritime safety, we also serve an important
economic activity, and that's the fishing community.
This bill also looks towards helping others that we're responsible
for in the maritime industry. One of the problems we've had is in
developing a TWIC card. A TWIC card is a Transportation Worker
Identification Credential. We've had great problems with trying to get
that installed so that we could find out who is entering our ports and
to ensure that is done safely and securely, particularly with the
threats that we face, the huge coastline of ports, the exposure that we
face from maritime threats. And I think we've, hopefully, lessened some
of the burdensome time required by multiple trips to get folks that
need these cards to go to these enrollment centers--again, trying to
help those who we're supposed to serve and to help them do their job in
an expedited fashion.
As you know, our committee published a report. When we were in the
minority, we helped author it. The title of the report was, ``The
Federal Government Must Stop Sitting on Its Assets.'' And in each of
the categories and areas we're responsible for in the Transportation
Committee, whether it's empty public buildings that have sat there,
properties underutilized, we want to make sure that taxpayers'
resources are used in the best possible way.
So this bill follows up our report by requiring the Coast Guard,
which has currently sidelined one of our heavy icebreakers, to make a
decision on either being reactivated or decommissioned. Again, we can't
sit on valuable assets in any of our agencies.
Finally, this bill restricts the use of post-construction of future
National Security Cutters until our National Security Cutters meet
long-promised mission performance capabilities. We started producing a
small number of National Security Cutters--bigger than 100-plus-foot
cutters--after 9/11. We've had some problems with that program. It's
our responsibility to straighten out those problems, to make certain
that the long-promised mission performance capabilities are met, and
this bill hopefully leads us in that positive direction.
Unfortunately, the bill does not restrict the ability of foreign
seamen injured outside the United States on non-U.S.-flagged vessels
from suing in United States courts, paid for by United States
taxpayers. It was something we had hoped to achieve. We couldn't put it
in this bill.
There are some other measures I would have liked to have had in this
bill. It does not, unfortunately, establish--but we passed in the
House--a uniform national standard for ballast water discharges. And
that provision is supported by many in the House and by the U.S. and
international maritime industries.
So we've done a good part of the job. I think we've met our
responsibility, and I am pleased that we are here to authorize, for a
period of 2 years, the United States Coast Guard, its operations and
its programs, and support the men and women who support us. So, with
that, I urge the passage of H. Res. 825.
Mr. SMITH of Washington. Mr. Speaker, I yield myself as much time as
I may consume.
I rise in support of the resolution introduced by my colleague from
New Jersey (Mr. LoBiondo), the chairman of the subcommittee.
Before I begin my remarks, I want to join the gentleman from Florida
(Mr. Mica), and of course the many others, in offering my condolences
to the entire Coast Guard family for the tragic loss of one of their
shipmates during a drug interdiction operation in the waters off of
southern California this past weekend. We all recognize that the
servicemen and -women of the Coast Guard willingly and routinely expose
themselves to highly dangerous conditions on behalf of our Nation.
Nevertheless, it is a profound tragedy when a servicemember makes that
sacrifice, and our thoughts and prayers are with the Coast Guard at
this time.
The legislation I stand in support of today has been developed as a
compromise over the past 2 months during negotiations with the Senate.
It would amend H.R. 2838, the Coast Guard and Maritime Transportation
Act of 2012, that passed the House last November, and it also
incorporates numerous provisions from the amendments to H.R. 2838 that
cleared the Senate in September. And I appreciate the gentleman from
New Jersey (Mr. LoBiondo) for his willingness to work with me on this
legislation in a bipartisan and open manner. I'm confident in saying
that this bill embodies a fair and bipartisan compromise for everyone
involved and that we can feel proud of this work.
As the ranking member of the Coast Guard Subcommittee, it's been a
high priority for me to advance policies to revitalize and expand our
domestic maritime industries, and this legislation marks a significant
achievement in doing just that. It creates jobs in the
[[Page H6641]]
shipbuilding industry by taking vital steps towards improving our
icebreaker fleet and finishing the program of record for Response Boat-
Medium.
Earlier this year, I had a chance to visit job-creating shipyards
that will be a part of the modernization effort of the Coast Guard.
These shipyards provide good-paying jobs for hardworking engineers,
welders, electricians, and mechanics all over the Northwest and
throughout the country. The reauthorization of the Maritime
Administration will improve the fortunes of those shipyards, and I am
pleased that that is included in this bill as well.
But we've also, in authorizing the Coast Guard, reformed a number of
key programs. The Coast Guard has one of the most expansive missions in
the Federal Government. This multimission maritime military service is
responsible for a broad range of activities, including mariner
licensing, emergency oil spill response, vessel inspections, and
navigation safety. The Coast Guard remains indispensable to the
maintenance of a reliable and secure marine supply chain that supports
maritime cargo operations, which contribute $649 billion annually to
the U.S. GDP, sustaining more than 13 million jobs.
This legislation authorizes funding levels for both the Coast Guard
and the Reserve that provide for increased funding levels in fiscal
years `13 and `14 over the fiscal year `12 level.
I believe the funding levels in the bill remain insufficient to
address the documented needs of the Coast Guard. The Coast Guard has
been asked to do more with less, and I'm afraid that their only choice
during this time of budget uncertainty is to do less with less, and
that's just wrong. So while I would prefer these levels to be higher, I
understand that these funding levels are likely the best that can be
provided under the constraints.
We must be aware, however, that funding levels in this legislation
are absent any consideration of what will be needed to address the
estimated $260 million in damages to Coast Guard facilities in the
Northeast as a result of Hurricane Sandy. These costs will be addressed
in the future, I assume.
And I want to highlight, as well, that this legislation contains
several provisions that will improve the Coast Guard's readiness and
capabilities in the increasingly important Arctic region. Specifically,
this bill directs the Coast Guard to complete a business case analysis
to assess the cost-effectiveness of reactivating its heavy icebreaker,
the Polar Sea. This analysis is overdue and it is vitally important.
At present, the Coast Guard has only one icebreaker, the Healy.
Although the Coast Guard expects, in 2013, to reactivate the other
heavy icebreaker, the Polar Star, the plain fact remains that the Coast
Guard's icebreaker fleet remains severely undercapitalized and
overextended. As it will be years before a new icebreaker can be
delivered, it's essential that we make informed decisions on the Polar
Sea now in order to have a balanced assessment of Coast Guard polar
icebreaker capabilities in the near term.
This legislation also advances provisions that address many
administrative, personnel, procurement, and regulatory issues affecting
the Coast Guard; specifically, several new authorities to bring the
Coast Guard into parity with the other armed services have been
included. Additionally, this legislation contains new authorities that
will improve the efficiency and oversight of the Coast Guard's major
acquisition programs, especially new advanced procurement authority and
development of multiyear capital investment programs.
The bill includes language I authored that requires the Coast Guard
to complete the procurement of 180 Response Boat-Mediums, or RB-Ms, as
originally planned in the program of record for this vessel. This is a
critical piece of maritime security, and the completion of these boats
will lead to additional job creation in small shipyards.
Besides addressing the needs of the Coast Guard, this legislation
also advances several important initiatives to support the U.S.
Merchant Marine:
Title III of the legislation protects the Jones Act by strengthening
the review and notice requirements for future administrative waivers.
This provision, originally called for in H.R. 3202, the American
Mariner Jobs Protection Act, should help preserve more opportunities
for U.S. carriers and seafarers. The title also provides for a formal
authorization for the Committee on the Maritime Transportation System;
Title IV of the legislation includes several provisions that will
improve the Maritime Administration's ability to accept, manage, and
recycle vessels held in the National Defense Reserve Fleet;
I'm also pleased title VI reauthorizes the Marine Debris Research,
Reduction, and Prevention Act. More and more marine debris from the
2011 Japanese tsunami continues to wash up on the shores of the Pacific
coast, including in my State of Washington. Japan, in the midst of a
recovery from this disaster, though, has shown extraordinary leadership
and friendship with the United States by recently announcing that they
will donate directly $5 million to debris cleanup.
{time} 0930
It is important that we reauthorize the Marine Debris Act to ensure
that the National Oceanic and Atmospheric Administration has the
authority it needs to work with States to address this threat.
I very much appreciate the cooperation of Chairman LoBiondo for
including this important environmental measure, and I also applaud my
colleagues, Mr. Thompson and Mr. Farr, for their work to see this
program reauthorized.
In closing, Mr. Speaker, this legislation reflects a fair and
balanced compromise. We have an obligation to support the Coast Guard
and support our U.S. merchant marine. A safe and secure maritime
environment is good for job creation, good for the economy, and good
for the American people. In my estimation, this legislation fulfills
that obligation. I urge its passage today, and I just briefly want to
thank once again Mr. LoBiondo for his incredible work to be bipartisan,
open, and transparent in working to bring this legislation to passage.
With that, I reserve the balance of my time.
Mr. LoBIONDO. I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of House Resolution 825.
H.R. 2838 reauthorizes the activities of the Coast Guard through the
fiscal year 2014 at levels that will allow for the administration's
requested 1.7 percent military pay increase for fiscal year 2013 and
provide for a military pay increase for fiscal year 2014 at a level
consistent with CBO's estimate on the rate of inflation. The bill
provides funding for the Coast Guard at levels that will reverse the
irresponsible cuts proposed by the Obama administration and will ensure
the service has what it needs to successfully conduct its missions.
The legislation includes critical provisions that will give the Coast
Guard, its servicemembers, and its dependents great parity with their
counterparts in the Department of Defense, something that we've worked
very hard to achieve. H.R. 2838 also contains reforms and improvements
to the Coast Guard's acquisition program and activities. The bill
encourages job growth in the maritime sector by cutting EPA, TSA, and
Coast Guard regulatory burdens on small businesses. Finally, the bill
enhances the security of U.S. vessels and crews transiting high-risk
waters, reauthorizes the national security aspects of the Maritime
Administration for fiscal year 2013, and makes several important
improvements to NOAA's marine debris program, as noted by Mr. Larsen.
H.R. 2838 was put together in cooperation with the minority and with
our counterparts in the Senate. I'd like to thank Mr. Mica, chairman of
the full committee; I'd like to thank Mr. Rahall, the ranking member of
the full committee; I especially want to thank Mr. Larsen. We've had, I
think, a model for how a committee or a subcommittee should operate.
We've been focused on results. We've been focused on incorporating good
ideas. Rick, I very much appreciated your cooperation in moving forward
on these very important issues for the Nation.
Finally, I would like to thank the staff on both sides for their work
and their help in this legislation. We rely on them a great deal.
They've worked in an extraordinary manner, and it's very much
appreciated, and hopefully we get the results we need.
[[Page H6642]]
I also want to take a moment to underscore the very dangerous work
that the Coast Guard does to keep our Nation and our shores safe. We
were all shocked and very saddened to hear the news this weekend that a
Coastie lost his life in the line of duty. This underscores how our
Coast Guard men and women put their life at risk each and every day.
They're really underrecognized and underappreciated for the work they
do. And with drugs being such a great scourge in our country, it sounds
like this Coastie was just brutally murdered. So our heart goes out to
the men and women of the Coast Guard, his colleagues, his family, and
his friends. Chief Petty Officer Terrell Horne was serving his country
and gave his life for his country. Again, our thoughts and prayers go
out to his family and friends. We're tremendously thankful for all the
brave men and women of the Coast Guard and the work that they do each
and every day.
I urge all Members to support H.R. 2838, and I reserve the balance of
my time.
Mr. LARSEN. Mr. Speaker, I yield 2 minutes to the gentlewoman from
California (Ms. Hahn).
Ms. HAHN. Thank you, Mr. Larsen and Mr. LoBiondo, for your work on
this.
Mr. Speaker, I rise to offer my support for the House and Senate
agreement on the Coast Guard reauthorization for fiscal year 2013 and
2014.
The United States Coast Guard plays an integral role in our Nation's
homeland security. They are on the front lines each and every day
ensuring that our ports and waterways remain safe and secure.
As a cofounder and cochair of the congressional bipartisan PORTS
Caucus, we're learning more and more every day about the critical role
that our Coast Guard plays in the security of our ports. Our caucus
members had a very productive conversation with Vice Admiral Peter
Neffenger of the U.S. Coast Guard in April, whom I got to know very
well in Los Angeles when he was the captain of the ports of Los Angeles
and Long Beach. He discussed the Coast Guard's critical role in
providing security and disaster preparedness at our Nation's ports.
That's why providing the Coast Guard with the necessary ships and gear
they need is so important.
However, it's neither the ships nor the gear that make up the heart
of the United States Coast Guard. It is the men and women who fight
every day to make this country a safer place. They serve with bravery
and poise, and are sometimes called upon to make the ultimate
sacrifice. And as has been talked about this morning, unfortunately
that is what occurred this past weekend when a brave Coast Guardsman
gave his life for this country. On December 2, Chief Petty Officer
Horne was killed when he and his team came upon a boat suspected
of drug smuggling and were rammed upon approaching it. The impact
knocked Officer Horne and another Coast Guardsman into the water,
inflicting Horne with a severe traumatic head injury that ultimately
proved to be fatal.
Chief Petty Officer Terrell Horne was a distinguished Coast
Guardsman, and his life is deeply cherished by our Nation as we reflect
on his unwavering commitment to protecting our country. He and his
family were from Redondo Beach, which is in my current congressional
district. His sacrifice serves as a stark reminder of the extraordinary
sacrifices our men and women in uniform make boldly for this country
each and every day.
As my colleagues consider this bill before us, I ask that we all keep
Officer Horne's family, friends, and fellow officers in the Coast Guard
in your thoughts and prayers and never forget the sacrifices that our
men and women make for us each and every day. I appreciate all the
comments that have been made this morning reflecting this same thought.
Mr. LoBIONDO. I continue to reserve the balance of my time.
Mr. LARSEN. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Oregon (Ms. Bonamici).
Ms. BONAMICI. Thank you very much, Mr. Chair and Mr. Ranking Member.
Mr. Speaker, I rise today in support of the underlying bill which
reauthorizes important programs to keep our waterways safe and
navigable, protect our marine economy, defend our maritime borders, and
support the brave Coast Guard personnel, including the personnel of the
U.S. Coast Guard sector Columbia River, which is headquartered in
Oregon's First Congressional District. They all work in pursuit of
these vital missions. I also thank the chairman and ranking member of
the Coast Guard Subcommittee for their work on this, as well as the
chair and ranking member of the full Transportation and Infrastructure
Committee.
In addition to supporting the basic mission of the Coast Guard, this
legislation includes language to reauthorize another important mission
carried out by our Federal Government that is worthy of this body's
support, NOAA's marine debris program. In June of this year, coastal
residents in my home State of Oregon found a 66-foot dock resting on a
beach near the town of Newport, Oregon. The dock was just one piece of
many that scientists have estimated to be a debris field with as much
as 1.5 million tons of debris that were washed into the ocean by the
tsunami that struck Japan in March of 2011.
Beyond the obvious navigational dangers posed by the dock and the
other debris that has been discovered in States on the Pacific
coastline, the debris also brings with it invasive species that could
harm our maritime environment. Not only is this debris dangerous, it's
costly to remove, and the threat of a significant increase in debris
arriving on our coasts has caused many State and local governments
serious budgetary concerns. Oregon spent nearly $80,000 just removing
that one dock.
Since the arrival of the Japanese dock on Agate Beach, Oregon, other
members and I have heard from constituents who call on us to provide
them with some assistance in dealing with this unprecedented situation.
{time} 0940
The Marine Debris Program at NOAA makes some funding available
through grants provided to coastal communities and to State and local
governments to assist with debris response and removal. The bill we are
considering today reauthorizes NOAA's Marine Debris Program. That's
very important.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. LARSEN of Washington. I yield the gentlelady an additional 30
seconds.
Ms. BONAMICI. In addition to that, I've introduced bipartisan
legislation with Congresswoman Herrera Beutler from Washington, the
Marine Debris Emergency Act, to expedite that funding, which can
currently take about a year from proposal to award. This bill will
shorten the window to 60 days, which could be very important.
So I urge my colleagues to support our coastal communities by
supporting this legislation and the bill before us today. Thank you to
the chairs and ranking member for their hard work.
Mr. LoBIONDO. I continue to reserve the balance of my time.
Mr. LARSEN of Washington. I yield 3 minutes to the gentleman from
California (Mr. Farr).
Mr. FARR. Thank you for yielding.
Mr. Speaker, I rise today to highlight title VI of the Coast Guard
and Maritime Transportation Act of 2012, which amends the Marine Debris
Program.
This partnership between NOAA and the United States Coast Guard has
been hugely beneficial to our Nation's coastal communities. It has
improved research and debris removal activities at sea and has built a
greater understanding of the challenges we face in addressing this
threat. There are so many successful projects funded by the Marine
Debris Program, which is astounding considering that the program spends
far less than $10 million.
I want to highlight the National Fish and Wildlife Foundation NOAA
grant program for Marine Debris Research and Technology. From 2005 to
2011, this program supported 46 projects involving fishermen, ports,
and marinas, and they leveraged $2.7 million in NOAA funding with $2.9
million in non-Federal matching funds.
Another program, Fishing for Energy, is one innovative program that
installs collection bins for commercial fishermen to dispose of old or
unwanted fishing gear. To date, this program has disposed of more than
700
[[Page H6643]]
tons of obsolete or derelict gear, which annually accounts for $250
million in lost marketable lobster and which saves up to $792 million
in damages to boat propellers from derelict fishing gear. If that isn't
enough, an Energy-from-Waste facility recycles the gear and harnesses
electricity from the recycling process. It doesn't cost the fishermen
anything to dispose of this gear, and that's why it's such a successful
program.
This small Federal investment results in a huge cost savings. Marine
debris is a much larger and growing problem. With the disaster in Japan
last year and with recent storms like Sandy, cleaning up debris
requires both resources and coordination between agencies and States.
While I commend the bipartisan support and leadership of my colleagues
to get this bill to the President, I am disappointed that the program's
authorization has not been extended. I will continue to work for the
permanent reauthorization of the Marine Debris Program because it is a
critical program for coastal communities.
I urge my colleagues to support this bill, which is one of
bipartisan-bicameral compromise. I thank Chairman Mica, Chairman
Hastings, Ranking Member Rahall, and Ranking Member Markey for their
leadership in bringing my bill, H.R. 1171, to the floor for passage out
of the House. I thank Chairman LoBiondo and Ranking Member Larsen for
including this important language in the Coast Guard and Maritime
Transportation Act of 2012. I urge your support.
Mr. LoBIONDO. I continue to reserve the balance of my time.
Mr. LARSEN of Washington. I yield myself such time as I may consume.
Mr. Speaker, thank you so much for an opportunity to speak on this
important resolution. I want to urge everyone to support its passage.
Finally, I want to thank the staff for its great work in putting this
together. It's a bit of a dance to put all of the pieces together in
legislation like this, but they did a great job, so I want to extend my
thanks to them as well.
With that, I yield back the balance of my time.
Mr. LoBIONDO. Mr. Speaker, in closing, I would like to thank everyone
who has been involved in this process. Again, I especially thank Mr.
Larsen for the cooperative initiatives and efforts that we've been able
to undertake. I hope that all the Members of the House of
Representatives will think about the sacrifices that the men and women
of the Coast Guard make and will vote affirmatively for this bill.
I yield back the balance of my time.
Mr. CUMMINGS. Mr. Speaker, I applaud Chairmen Mica and LoBiondo and
Ranking Members Rahall and Larsen for their work on the Coast Guard and
Maritime Transportation Act of 2012 and for their leadership. I also
thank our colleagues in the Senate for their work.
The bill before us contains provisions in Section 301 that are
substantially similar to H.R. 3202, the American Mariners Job
Protection Act, which I introduced with Congressman Jeff Landry.
These provisions will significantly expand transparency surrounding
the issuance of waivers allowing non-Jones Act qualified vessels to
carry cargoes between two ports in the United States.
While the Jones Act can be waived in the interest of national
defense, the Maritime Administration (MARAD) is required to assess
whether Jones Act-qualified vessels are available to carry the cargo
under consideration. However, recent experience suggests that such
assessments have been cursory at best.
The provisions included in Section 301 will require MARAD to
publicize the results of such assessments, including detailing the
actions that could be taken to enable American vessels to carry the
cargo for which a waiver is sought. MARAD will also be required to
publish its determinations on its website and provide notification to
Congress when a Jones Act waiver is requested or issued.
I thank my colleagues for working with me and Congressman Landry to
make these important improvements in the administration of the Jones
Act.
While I applaud the inclusion of these provisions, the bill before us
does contain provisions that I do not support. In particular, I am
deeply disappointed that this bill eliminates provisions in the Coast
Guard Authorization of 2010 that I authored to establish an ombudsman
in each Coast Guard District.
These ombudsmen were intended to serve as liaisons between the Coast
Guard and ports, terminal operators, shipowners, and labor
representatives to enable these stakeholders to seek further review of
disputes regarding the application of Coast Guard regulations. They
would have given the port community another mechanism to engage with
the Coast Guard to ensure that the application of regulations achieves
critical safety and security objectives while having the least possible
impact on commerce.
I am also disappointed that this legislation delays the introduction
of modern survival craft that ensure that all parts of the body are out
of the water. Instead, the bill allows the continued use of equipment
that pre-dates World War II.
We would never think of using pre-World War II technology in other
aspects of our lives when significantly more advanced technology is
available. For that reason, I am shocked that my colleagues believe
such antiquated equipment is appropriate for those whose lives are at
risk at sea--particularly the disabled, the elderly and children. This
is not a subject that needs more study. It has been studied numerous
times--and the National Transportation Safety Board (NTSB) explicitly
opposes the continued use of life floats and non-inflatable buoyant
apparatus as primary lifesaving devices.
Similarly, I am disappointed by provisions in this bill that delay
the requirement that fishing vessels undergo dockside exams--and that
will reduce the frequency of such exams once they are implemented. Five
years between dockside examinations will do little to reduce the
unconscionably high casualties suffered by commercial fishermen in what
remains our nation's most dangerous profession.
Finally, I am disappointed that we could not include legislation
Congressman Landry and I introduced to restore the cuts to cargo
preference programs made in the MAP-21 legislation. Cargo preference
requirements are critical to the maintenance of a robust U.S.-flagged
fleet and these cuts should never have been made.
While I will not oppose this legislation, I believe it could have
been significantly better than it is in its current form--and I hope we
can address these matters promptly in the 113th Congress.
Mr. ROHRABACHER. Mr. Speaker, I rise in support of H. Res. 825, a
resolution providing for the concurrence by the House in the Senate
amendments to H.R. 2838, the Coast Guard Authorization Act of 2012,
with an amendment.
For many years I have directed my district staff in Huntington Beach,
California, to organize regular briefings for me as well as public
informational meetings about homeland and border security, particularly
security of the coastline I have the honor to represent in Congress. On
April 4 of this year, I had one such briefing in the American Legion
Post in Newport Beach that featured presentations by the Department of
Homeland Security Office of Intelligence and Analysis, U.S. Coast Guard
and U.S. Border Patrol. The briefings were attended by police, sheriff,
fire and marine safety personnel from San Diego to Los Angeles.
These briefings are always foremost in my mind when I urge my
colleagues in Congress to summon the political will to stop giving our
country away by failing to enforce our borders. The southern California
shoreline is the destination for a brazen invasion of contraband and
illegal labor smugglers by sea. The brazenness is exceeded only by the
shocking multiplier effect of violent crime to persons and property
that emanates from the ``stash'' (safe) houses and sweat shops that
proliferate along a clandestine network extending north from San Diego.
The stakes have been rising in recent years as hundreds of ``panga''
boats ply the waters of Orange County's most treasured beachfront
locations, looking for scouts and convoys forward positioned to make a
pick-up of exploited workers or drugs shipments. Some panga boats are
small, seating 6 to 8 passengers, and sometimes the boats are huge and
hold up to 40 people. To suggest it is a sophisticated operation would
be an understatement. That is why we enlist the public as well as our
protective law enforcement services to spread the word of warning and
alert the citizenry to the threat we face as individuals and as a
society.
On December 2, 2012, we were tragically reminded of what is at stake
when news from the U.S. Coast Guard reached my desk that a brave member
of the United States Coast Guard, Chief Petty Officer Terrell Horne
III, was killed in action while defending our coastline from the wave
of unlawful foreign incursions. As I did in my letter to Admiral Papp,
Commandant of the USCG, I want to convey here the most heartfelt
condolences from my family and me, as well as millions of Americans
living on this coastline, to Chief Petty Officer Home's family, to the
crew of the Cutter Halibut on which Petty Officer Horne served, and to
the larger USCG community.
Reports indicate that Chief Petty Officer Horne was in a chase boat
pursuing a panga when it turned and rammed his craft, killing him and
injuring other USCG members doing
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their jobs for us. This violence against our coastal defenders is yet
another wake up call to America, sounding anew a warning that we must
as a nation summon courage to defend our border equal to the devotion
to duty Chief Petty Officer Horne exemplified. There was no price he
was unwilling to pay to protect our nation, and we must honor him by
rising in the same degree to the cause for which he died.
Every day courageous men and women of the USCG are on the front line
of the struggle to restore the rule of law in the navigable waters of
our nation. As the daily assault on our coastal communities escalates,
the USCG stands between us and lawlessness on the open seas and along
the shorelines where our very civil order now is under siege. This
tragic loss of one of American's finest is the terrible price we pay to
turn back those emboldened to violate our border security and threaten
our homeland in desperate criminal enterprises, profiting from
trafficking in drugs and human beings.
Unyielding in our vigilance against these modern day pirates and
slave traders, we pause to mourn the loss of a fellow American whose
service to our nation humbles us and deepens our resolve to prevail
against the perpetrators of violence and crime making landfall on our
coast from the sea.
That can and must be done to honor Chief Petty Officer Horne and all
those who have sacrificed all so we may remain a sovereign nation and
free people. We owe it to Terrell Horne and each and every one of our
fallen heroes. I again urge my colleagues to support H. Res. 825 in
honor of Terrell and all those who sacrifice so much for all of us.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. LoBiondo) that the House suspend the
rules and agree to the resolution, H. Res. 825.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the resolution was agreed to.
A motion to reconsider was laid on the table.
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