[Congressional Record (Bound Edition), Volume 158 (2012), Part 12]
[House]
[Pages 16225-16244]
[From the U.S. Government Publishing Office, www.gpo.gov]




          COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2012

  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.

                         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.

[[Page 16226]]

                   TITLE III--SHIPPING AND NAVIGATION

Sec. 301. Identification of actions to enable qualified United States 
              flag capacity to meet national defense requirements.
Sec. 302. Limitation of liability for non-Federal vessel traffic 
              service operators.
Sec. 303. Survival craft.
Sec. 304. Classification societies.
Sec. 305. Dockside examinations.
Sec. 306. Authority to extend the duration of medical certificates.
Sec. 307. Clarification of restrictions on American Fisheries Act 
              vessels.
Sec. 308. Investigations by Secretary.
Sec. 309. Penalties.
Sec. 310. United States Committee on the Marine Transportation System.
Sec. 311. Technical correction to title 46.
Sec. 312. Deepwater ports.

            TITLE IV--MARITIME ADMINISTRATION AUTHORIZATION

Sec. 401. Short title.
Sec. 402. Authorization of appropriations for national security aspects 
              of the merchant marine for fiscal year 2013.
Sec. 403. Maritime environmental and technical assistance.
Sec. 404. Property for instructional purposes.
Sec. 405. Short sea transportation.
Sec. 406. Limitation of National Defense Reserve Fleet vessels to those 
              over 1,500 gross tons.
Sec. 407. Transfer of vessels to the National Defense Reserve Fleet.
Sec. 408. Clarification of heading.
Sec. 409. Mission of the Maritime Administration.
Sec. 410. Amendments relating to the National Defense Reserve Fleet.
Sec. 411. Requirement for barge design.
Sec. 412. Container-on-barge transportation.
Sec. 413. Department of Defense national strategic ports study and 
              Comptroller General studies and reports on strategic 
              ports.
Sec. 414. Maritime workforce study.
Sec. 415. Maritime Administration vessel recycling contract award 
              practices.

                            TITLE V--PIRACY

Sec. 501. Short title.
Sec. 502. Training for use of force against piracy.
Sec. 503. Security of Government-impelled cargo.
Sec. 504. Actions taken to protect foreign-flagged vessels from piracy.

                        TITLE VI--MARINE DEBRIS

Sec. 601. Short title.
Sec. 602. Short title amendment; references.
Sec. 603. Purpose.
Sec. 604. NOAA Marine Debris Program.
Sec. 605. Repeal of obsolete provisions.
Sec. 606. Coordination.
Sec. 607. Confidentiality of submitted information.
Sec. 608. Definitions.
Sec. 609. Severe marine debris event determination.

                        TITLE VII--MISCELLANEOUS

Sec. 701. Distant water tuna fleet.
Sec. 702. Technical corrections.
Sec. 703. Extension of moratorium.
Sec. 704. Notice of arrival.
Sec. 705. Waivers.
Sec. 706. National Response Center notification requirements.
Sec. 707. Vessel determinations.
Sec. 708. Mille Lacs Lake, Minnesota.
Sec. 709. Transportation Worker Identification Credential process 
              reform.
Sec. 710. Investment amount.
Sec. 711. Integrated cross-border maritime law enforcement operations 
              between the United States and Canada.
Sec. 712. Bridge permits.
Sec. 713. Tonnage of Aqueos Acadian.
Sec. 714. Navigability determination.
Sec. 715. Coast Guard housing.
Sec. 716. Assessment of needs for additional Coast Guard presence in 
              high-latitude regions.
Sec. 717. Potential Place of Refuge.
Sec. 718. Merchant mariner medical evaluation program.
Sec. 719. Determinations.
Sec. 720. Impediments to the United States-flag registry.
Sec. 721. Arctic deepwater seaport.
Sec. 722. Risk assessment of transporting Canadian oil sands.

                         TITLE I--AUTHORIZATION

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       Funds are authorized to be appropriated for each of fiscal 
     years 2013 and 2014 for necessary expenses of the Coast Guard 
     as follows:
       (1) For the operation and maintenance of the Coast Guard--
       (A) $6,882,645,000 for fiscal year 2013; and
       (B) $6,981,036,000 for fiscal year 2014;
     of which $24,500,000 is authorized each fiscal year to be 
     derived from the Oil Spill Liability Trust Fund to carry out 
     the purposes of section 1012(a)(5) of the Oil Pollution Act 
     of 1990 (33 U.S.C. 2712(a)(5)).
       (2) For the acquisition, construction, rebuilding, and 
     improvement of aids to navigation, shore and offshore 
     facilities, vessels, and aircraft, including equipment 
     related thereto--
       (A) $1,545,312,000 for fiscal year 2013; and
       (B) $1,546,448,000 for fiscal year 2014;
     to remain available until expended and of which $20,000,000 
     is authorized each fiscal year to be derived from the Oil 
     Spill Liability Trust Fund to carry out the purposes of 
     section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
     U.S.C. 2712(a)(5)).
       (3) For the Coast Guard Reserve program, including 
     personnel and training costs, equipment, and services--
       (A) $138,111,000 for fiscal year 2013; and
       (B) $140,016,000 for fiscal year 2014.
       (4) For environmental compliance and restoration of Coast 
     Guard vessels, aircraft, and facilities (other than parts and 
     equipment associated with operation and maintenance)--
       (A) $16,699,000 for fiscal year 2013; and
       (B) $16,701,000 for fiscal year 2014;
     to remain available until expended.
       (5) To the Commandant of the Coast Guard for research, 
     development, test, and evaluation of technologies, materials, 
     and human factors directly related to improving the 
     performance of the Coast Guard's mission with respect to 
     search and rescue, aids to navigation, marine safety, marine 
     environmental protection, enforcement of laws and treaties, 
     ice operations, oceanographic research, and defense 
     readiness--
       (A) $19,848,000 for fiscal year 2013; and
       (B) $19,890,000 for fiscal year 2014.
       (6) For alteration or removal of bridges over navigable 
     waters of the United States constituting obstructions to 
     navigation, and for personnel and administrative costs 
     associated with the Alteration of Bridges Program--
       (A) $16,000,000 for fiscal year 2013; and
       (B) $16,000,000 for fiscal year 2014.

     SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND 
                   TRAINING.

       (a) Active Duty Strength.--The Coast Guard is authorized an 
     end-of-year strength for active duty personnel of 47,000 for 
     each of fiscal years 2013 and 2014.
       (b) Military Training Student Loads.--The Coast Guard is 
     authorized average military training student loads for each 
     of fiscal years 2013 and 2014 as follows:
       (1) For recruit and special training, 2,500 student years.
       (2) For flight training, 165 student years.
       (3) For professional training in military and civilian 
     institutions, 350 student years.
       (4) For officer acquisition, 1,200 student years.

                         TITLE II--COAST GUARD

     SEC. 201. INTERFERENCE WITH COAST GUARD TRANSMISSIONS.

       Section 88 of title 14, United States Code, is amended by 
     adding at the end the following:
       ``(e) An individual who knowingly and willfully operates a 
     device with the intention of interfering with the broadcast 
     or reception of a radio, microwave, or other signal 
     (including a signal from a global positioning system) 
     transmitted, retransmitted, or augmented by the Coast Guard 
     for the purpose of maritime safety is--
       ``(1) guilty of a class E felony; and
       ``(2) subject to a civil penalty of not more than $1,000 
     per day for each violation.''.

     SEC. 202. COAST GUARD AUTHORITY TO OPERATE AND MAINTAIN COAST 
                   GUARD ASSETS.

       Section 93 of title 14, United States Code, is amended by 
     adding at the end the following:
       ``(e) Operation and Maintenance of Coast Guard Assets and 
     Facilities.--All authority, including programmatic budget 
     authority, for the operation and maintenance of Coast Guard 
     vessels, aircraft, systems, aids to navigation, 
     infrastructure, and other assets or facilities shall be 
     allocated to and vested in the Coast Guard and the department 
     in which the Coast Guard is operating.''.

     SEC. 203. LIMITATION ON EXPENDITURES.

       Section 149(d) of title 14, United States Code, is amended 
     by adding at the end the following:
       ``(3) The amount of funds used under this subsection may 
     not exceed $100,000 in any fiscal year.''.

     SEC. 204. ACADEMY PAY, ALLOWANCES, AND EMOLUMENTS.

        Section 195 of title 14, United States Code, is amended--
       (1) by striking ``person'' each place it appears and 
     inserting ``foreign national''; and
       (2) by striking ``pay and allowances'' each place it 
     appears and inserting ``pay, allowances, and emoluments''.

     SEC. 205. POLICY ON SEXUAL HARASSMENT AND SEXUAL VIOLENCE.

       (a) Establishment.--Chapter 9 of title 14, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 200. Policy on sexual harassment and sexual violence

       ``(a) Required Policy.--The Commandant of the Coast Guard 
     shall direct the Superintendent of the Coast Guard Academy to 
     prescribe a policy on sexual harassment and sexual violence 
     applicable to the cadets and other personnel of the Academy.
       ``(b) Matters To Be Specified in Policy.--The policy on 
     sexual harassment and sexual violence under this section 
     shall include specification of the following:

[[Page 16227]]

       ``(1) Programs to promote awareness of the incidence of 
     rape, acquaintance rape, and other sexual offenses of a 
     criminal nature that involve cadets or other Academy 
     personnel.
       ``(2) Information about how the Coast Guard and the Academy 
     will protect the confidentiality of victims of sexual 
     harassment or sexual violence, including how any records, 
     statistics, or reports intended for public release will be 
     formatted such that the confidentiality of victims is not 
     jeopardized.
       ``(3) Procedures that cadets and other Academy personnel 
     should follow in the case of an occurrence of sexual 
     harassment or sexual violence, including--
       ``(A) if the victim chooses to report an occurrence of 
     sexual harassment or sexual violence, a specification of the 
     person or persons to whom the alleged offense should be 
     reported and options for confidential reporting, including 
     written information to be given to victims that explains how 
     the Coast Guard and the Academy will protect the 
     confidentiality of victims;
       ``(B) a specification of any other person whom the victim 
     should contact; and
       ``(C) procedures on the preservation of evidence 
     potentially necessary for proof of criminal sexual assault.
       ``(4) Procedures for disciplinary action in cases of 
     criminal sexual assault involving a cadet or other Academy 
     personnel.
       ``(5) Sanctions authorized to be imposed in a substantiated 
     case of sexual harassment or sexual violence involving a 
     cadet or other Academy personnel, including with respect to 
     rape, acquaintance rape, or other criminal sexual offense, 
     whether forcible or nonforcible.
       ``(6) Required training on the policy for all cadets and 
     other Academy personnel who process allegations of sexual 
     harassment or sexual violence involving a cadet or other 
     Academy personnel.
       ``(c) Assessment.--
       ``(1) In general.--The Commandant shall direct the 
     Superintendent to conduct at the Academy during each Academy 
     program year an assessment to determine the effectiveness of 
     the policies of the Academy with respect to sexual harassment 
     and sexual violence involving cadets or other Academy 
     personnel.
       ``(2) Biennial survey.--For the assessment at the Academy 
     under paragraph (1) with respect to an Academy program year 
     that begins in an odd-numbered calendar year, the 
     Superintendent shall conduct a survey of cadets and other 
     Academy personnel--
       ``(A) to measure--
       ``(i) the incidence, during that program year, of sexual 
     harassment and sexual violence events, on or off the Academy 
     reservation, that have been reported to an official of the 
     Academy; and
       ``(ii) the incidence, during that program year, of sexual 
     harassment and sexual violence events, on or off the Academy 
     reservation, that have not been reported to an official of 
     the Academy; and
       ``(B) to assess the perceptions of the cadets and other 
     Academy personnel with respect to--
       ``(i) the Academy's policies, training, and procedures on 
     sexual harassment and sexual violence involving cadets or 
     other Academy personnel;
       ``(ii) the enforcement of such policies;
       ``(iii) the incidence of sexual harassment and sexual 
     violence involving cadets or other Academy personnel; and
       ``(iv) any other issues relating to sexual harassment and 
     sexual violence involving cadets or other Academy personnel.
       ``(d) Report.--
       ``(1) In general.--The Commandant shall direct the 
     Superintendent to submit to the Commandant a report on sexual 
     harassment and sexual violence involving cadets or other 
     Academy personnel for each Academy program year.
       ``(2) Report specifications.--Each report under paragraph 
     (1) shall include, for the Academy program year covered by 
     the report, the following:
       ``(A) The number of sexual assaults, rapes, and other 
     sexual offenses involving cadets or other Academy personnel 
     that have been reported to Academy officials during the 
     Academy program year and, of those reported cases, the number 
     that have been substantiated.
       ``(B) A plan for the actions that are to be taken in the 
     following Academy program year regarding prevention of and 
     response to sexual harassment and sexual violence involving 
     cadets or other Academy personnel.
       ``(3) Biennial survey.--Each report under paragraph (1) for 
     an Academy program year that begins in an odd-numbered 
     calendar year shall include the results of the survey 
     conducted in that Academy program year under subsection 
     (c)(2).
       ``(4) Transmission of report.--The Commandant shall 
     transmit each report received by the Commandant under this 
     subsection, together with the Commandant's comments on the 
     report, to--
       ``(A) the Committee on Commerce, Science, and 
     Transportation of the Senate; and
       ``(B) the Committee on Transportation and Infrastructure of 
     the House of Representatives.
       ``(5) Focus groups.--
       ``(A) In general.--For each Academy program year with 
     respect to which the Superintendent is not required to 
     conduct a survey at the Academy under subsection (c)(2), the 
     Commandant shall require focus groups to be conducted at the 
     Academy for the purposes of ascertaining information relating 
     to sexual assault and sexual harassment issues at the 
     Academy.
       ``(B) Inclusion in reports.--Information derived from a 
     focus group under subparagraph (A) shall be included in the 
     next transmitted Commandant's report under this subsection.
       ``(e) Victim Confidentiality.--To the extent that 
     information collected under the authority of this section is 
     reported or otherwise made available to the public, such 
     information shall be provided in a form that is consistent 
     with applicable privacy protections under Federal law and 
     does not jeopardize the confidentiality of victims.''.
       (b) Clerical Amendment.--The analysis for chapter 9 of 
     title 14, United States Code, is amended by inserting after 
     the item relating to section 199 the following:

``200. Policy on sexual harassment and sexual violence.''.

     SEC. 206. APPOINTMENTS OF PERMANENT COMMISSIONED OFFICERS.

       Section 211 of title 14, United States Code, is amended by 
     adding at the end the following:
       ``(d) For the purposes of this section, the term 
     `original', with respect to the appointment of a member of 
     the Coast Guard, refers to that member's most recent 
     appointment in the Coast Guard that is neither a promotion 
     nor a demotion.''.

     SEC. 207. SELECTION BOARDS; OATH OF MEMBERS.

       Section 254 of title 14, United States Code, is amended to 
     read as follows:

     ``Sec. 254. Selection boards; oath of members

       ``Each member of a selection board shall swear--
       ``(1) that the member will, without prejudice or 
     partiality, and having in view both the special fitness of 
     officers and the efficiency of the Coast Guard, perform the 
     duties imposed upon the member; and
       ``(2) an oath in accordance with section 635.''.

     SEC. 208. SPECIAL SELECTION BOARDS; CORRECTION OF ERRORS.

       (a) In General.--Chapter 11 of title 14, United States 
     Code, is amended by inserting after section 262 the 
     following:

     ``Sec. 263. Special selection boards; correction of errors

       ``(a) Officers Not Considered Due to Administrative 
     Error.--
       ``(1) In general.--If the Secretary determines that as the 
     result of an administrative error--
       ``(A) an officer or former officer was not considered for 
     selection for promotion by a selection board convened under 
     section 251; or
       ``(B) the name of an officer or former officer was not 
     placed on an all-fully-qualified-officers list;
     the Secretary shall convene a special selection board to 
     determine whether such officer or former officer should be 
     recommended for promotion and such officer or former officer 
     shall not be considered to have failed of selection for 
     promotion prior to the consideration of the special selection 
     board.
       ``(2) Effect of failure to recommend for promotion.--If a 
     special selection board convened under paragraph (1) does not 
     recommend for promotion an officer or former officer, whose 
     grade is below the grade of captain and whose name was 
     referred to that board for consideration, the officer or 
     former officer shall be considered to have failed of 
     selection for promotion.
       ``(b) Officers Considered But Not Selected; Material 
     Error.--
       ``(1) In general.--In the case of an officer or former 
     officer who was eligible for promotion, was considered for 
     selection for promotion by a selection board convened under 
     section 251, and was not selected for promotion by that 
     board, the Secretary may convene a special selection board to 
     determine whether the officer or former officer should be 
     recommended for promotion, if the Secretary determines that--
       ``(A) an action of the selection board that considered the 
     officer or former officer--
       ``(i) was contrary to law in a matter material to the 
     decision of the board; or
       ``(ii) involved material error of fact or material 
     administrative error; or
       ``(B) the selection board that considered the officer or 
     former officer did not have before it for consideration 
     material information.
       ``(2) Effect of failure to recommend for promotion.--If a 
     special selection board convened under paragraph (1) does not 
     recommend for promotion an officer or former officer, whose 
     grade is that of commander or below and whose name was 
     referred to that board for consideration, the officer or 
     former officer shall be considered--
       ``(A) to have failed of selection for promotion with 
     respect to the board that considered the officer or former 
     officer prior to the consideration of the special selection 
     board; and

[[Page 16228]]

       ``(B) to incur no additional failure of selection for 
     promotion as a result of the action of the special selection 
     board.
       ``(c) Requirements for Special Selection Boards.--Each 
     special selection board convened under this section shall--
       ``(1) be composed in accordance with section 252 and the 
     members of the board shall be required to swear the oaths 
     described in section 254;
       ``(2) consider the record of an applicable officer or 
     former officer as that record, if corrected, would have 
     appeared to the selection board that should have considered 
     or did consider the officer or former officer prior to the 
     consideration of the special selection board and that record 
     shall be compared with a sampling of the records of--
       ``(A) those officers of the same grade who were recommended 
     for promotion by such prior selection board; and
       ``(B) those officers of the same grade who were not 
     recommended for promotion by such prior selection board; and
       ``(3) submit to the Secretary a written report in a manner 
     consistent with sections 260 and 261.
       ``(d) Appointment of Officers Recommended for Promotion.--
       ``(1) In general.--An officer or former officer whose name 
     is placed on a promotion list as a result of the 
     recommendation of a special selection board convened under 
     this section shall be appointed, as soon as practicable, to 
     the next higher grade in accordance with the law and policies 
     that would have been applicable to the officer or former 
     officer had the officer or former officer been recommended 
     for promotion by the selection board that should have 
     considered or did consider the officer or former officer 
     prior to the consideration of the special selection board.
       ``(2) Effect.--An officer or former officer who is promoted 
     to the next higher grade as a result of the recommendation of 
     a special selection board convened under this section shall 
     have, upon such promotion, the same date of rank, the same 
     effective date for the pay and allowances of that grade, and 
     the same position on the active duty promotion list as the 
     officer or former officer would have had if the officer or 
     former officer had been recommended for promotion to that 
     grade by the selection board that should have considered or 
     did consider the officer or former officer prior to the 
     consideration of the special selection board.
       ``(3) Record correction.--If the report of a special 
     selection board convened under this section, as approved by 
     the President, recommends for promotion to the next higher 
     grade an officer not eligible for promotion or a former 
     officer whose name was referred to the board for 
     consideration, the Secretary may act under section 1552 of 
     title 10 to correct the military record of the officer or 
     former officer to correct an error or remove an injustice 
     resulting from the officer or former officer not being 
     selected for promotion by the selection board that should 
     have considered or did consider the officer or former officer 
     prior to the consideration of the special selection board.
       ``(e) Application Process and Time Limits.--The Secretary 
     shall issue regulations regarding the process by which an 
     officer or former officer may apply to have a matter 
     considered by a special selection board convened under this 
     section, including time limits related to such applications.
       ``(f) Limitation of Other Jurisdiction.--No official or 
     court of the United States shall have authority or 
     jurisdiction over any claim based in any way on the failure 
     of an officer or former officer to be selected for promotion 
     by a selection board convened under section 251, until--
       ``(1) the claim has been referred to a special selection 
     board convened under this section and acted upon by that 
     board; or
       ``(2) the claim has been rejected by the Secretary without 
     consideration by a special selection board convened under 
     this section.
       ``(g) Judicial Review.--
       ``(1) In general.--A court of the United States may 
     review--
       ``(A) a decision of the Secretary not to convene a special 
     selection board under this section to determine if the court 
     finds that the decision of the Secretary was arbitrary or 
     capricious, not based on substantial evidence, or otherwise 
     contrary to law; and
       ``(B) an action of a special selection board under this 
     section to determine if the court finds that the action of 
     the special selection board was contrary to law or involved 
     material error of fact or material administrative error.
       ``(2) Remand and reconsideration.--If, with respect to a 
     review under paragraph (1), a court makes a finding described 
     in subparagraph (A) or (B) of that paragraph, the court shall 
     remand the case to the Secretary and the Secretary shall 
     provide the applicable officer or former officer 
     consideration by a new special selection board convened under 
     this section.
       ``(h) Designation of Boards.--The Secretary may designate a 
     selection board convened under section 251 as a special 
     selection board convened under this section. A selection 
     board so designated may function in the capacity of a 
     selection board convened under section 251 and a special 
     selection board convened under this section.''.
       (b) Selection Boards; Submission of Reports.--Section 
     261(d) of title 14, United States Code, is amended by 
     striking ``selection board'' and inserting ``selection board, 
     including a special selection board convened under section 
     263,''.
       (c) Failure of Selection for Promotion.--Section 262 of 
     title 14, United States Code, is amended to read as follows:

     ``Sec. 262. Failure of selection for promotion

       ``An officer, other than an officer serving in the grade of 
     captain, who is, or is senior to, the junior officer in the 
     promotion zone established for his grade under section 256 of 
     this title, fails of selection if he is not selected for 
     promotion by the selection board which considered him, or if 
     having been recommended for promotion by the board, his name 
     is thereafter removed from the report of the board by the 
     President.''.
       (d) Clerical Amendment.--The analysis for chapter 11 of 
     title 14, United States Code, is amended by inserting after 
     the item relating to section 262 the following:

``263. Special selection boards; correction of errors.''.
       (e) Applicability; Rule of Construction.--
       (1) Applicability.--The amendments made by this section 
     shall take effect on the date of enactment of this Act and 
     the Secretary may convene a special selection board on or 
     after that date under section 263 of title 14, United States 
     Code, with respect to any error or other action for which 
     such a board may be convened if that error or other action 
     occurred on or after the date that is 1 year before the date 
     of enactment of this Act.
       (2) Rule of construction.--Sections 271, 272, and 273 of 
     title 14, United States Code, apply to the activities of--
       (A) a selection board convened under section 251 of such 
     title; and
       (B) a special selection board convened under section 263 of 
     such title.

     SEC. 209. PROHIBITION OF CERTAIN INVOLUNTARY ADMINISTRATIVE 
                   SEPARATIONS.

       (a) In General.--Chapter 11 of title 14, United States 
     Code, as amended by this Act, is further amended by inserting 
     after section 426 the following:

     ``Sec. 427. Prohibition of certain involuntary administrative 
       separations

       ``(a) In General.--Except as provided in subsection (b), 
     the Secretary may not authorize the involuntary 
     administrative separation of a covered individual based on a 
     determination that the covered individual is unsuitable for 
     deployment or other assignment due to a medical condition of 
     the covered individual considered by a Physical Evaluation 
     Board during an evaluation of the covered individual that 
     resulted in the covered individual being determined to be fit 
     for duty.
       ``(b) Reevaluation.--
       ``(1) In general.--The Secretary may require a Physical 
     Evaluation Board to reevaluate any covered individual if the 
     Secretary determines there is reason to believe that a 
     medical condition of the covered individual considered by a 
     Physical Evaluation Board during an evaluation of the covered 
     individual renders the covered individual unsuitable for 
     continued duty.
       ``(2) Retirements and separations.--A covered individual 
     who is determined, based on a reevaluation under paragraph 
     (1), to be unfit to perform the duties of the covered 
     individual's office, grade, rank, or rating may be retired or 
     separated for physical disability under this chapter.
       ``(c) Covered Individual Defined.--In this section, the 
     term `covered individual' means any member of the Coast Guard 
     who has been determined by a Physical Evaluation Board, 
     pursuant to a physical evaluation by that board, to be fit 
     for duty.''.
       (b) Clerical Amendment.--The analysis for chapter 11 of 
     title 14, United States Code, as amended by this Act, is 
     further amended by inserting after the item relating to 
     section 426 the following:

``427. Prohibition of certain involuntary administrative 
              separations.''.

     SEC. 210. MAJOR ACQUISITIONS.

       (a) In General.--Subchapter I of chapter 15 of title 14, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 569a. Major acquisitions

       ``(a) In General.--In conjunction with the transmittal by 
     the President to Congress of the budget of the United States 
     for fiscal year 2014 and biennially thereafter, the Secretary 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the status of all major 
     acquisition programs.
       ``(b) Information To Be Included.--Each report under 
     subsection (a) shall include for each major acquisition 
     program--
       ``(1) a statement of the Coast Guard's mission needs and 
     performance goals relating to such program, including a 
     justification for any change to those needs and goals 
     subsequent to a report previously submitted under this 
     section;
       ``(2) a justification explaining how the projected number 
     and capabilities of assets acquired under such program meet 
     applicable mission needs and performance goals;

[[Page 16229]]

       ``(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 16230]]

       ``(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

[[Page 16231]]

     otherwise excepted in accordance with Federal acquisition 
     laws and regulations promulgated under those laws, including 
     the Federal Acquisition Regulation.
       ``(3) No effect on small business act.--Nothing in this 
     subsection shall be construed to supersede or otherwise 
     affect the authorities provided by and under the Small 
     Business Act (15 U.S.C. 631 et seq.).
       ``(b) Limitation on Financial Interest in Subcontractors.--
     Neither an entity performing lead systems integrator 
     functions for a Coast Guard acquisition nor a Tier 1 
     subcontractor for any acquisition may have a financial 
     interest in a subcontractor below the Tier 1 subcontractor 
     level unless--
       ``(1) the subcontractor was selected by the prime 
     contractor through full and open competition for such 
     procurement;
       ``(2) the procurement was awarded by an entity performing 
     lead systems integrator functions or a subcontractor through 
     full and open competition;
       ``(3) the procurement was awarded by a subcontractor 
     through a process over which the entity performing lead 
     systems integrator functions or a Tier 1 subcontractor 
     exercised no control; or
       ``(4) the Commandant has determined that the procurement 
     was awarded in a manner consistent with Federal acquisition 
     laws and regulations promulgated under those laws, including 
     the Federal Acquisition Regulation.'';
       (8) in section 569(a), by striking ``and annually 
     thereafter,'';
       (9) in the analysis for chapter 17--
       (A) by striking the item relating to section 669 and 
     inserting the following:

``669. Telephone installation and charges.''; and
       (B) by striking the item relating to section 674 and 
     inserting the following:

``674. Small boat station rescue capability.'';
       (10) in section 666(a), by striking ``of Homeland 
     Security'' and inserting ``of the department in which the 
     Coast Guard is operating'';
       (11) in section 673(a)(3), by striking ``of Homeland 
     Security (when the Coast Guard is not operating as a service 
     in the Navy)'';
       (12) in section 674, by striking ``of Homeland Security'';
       (13) in section 675(a), by striking ``Secretary'' and all 
     that follows through ``may not'' and inserting ``Secretary 
     may not''; and
       (14) in the first sentence of section 740(d), by striking 
     ``that appointment'' and inserting ``that appointment to the 
     Reserve''.

     SEC. 218. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.

       Section 404 of the Coast Guard Authorization Act of 2010 
     (Public Law 111-281; 124 Stat. 2950) is amended--
       (1) in subsection (a)(1), by striking ``as shortage 
     category positions;'' and inserting ``as positions for which 
     there exists a shortage of candidates or there is a critical 
     hiring need;'';
       (2) in subsection (b)--
       (A) by striking ``paragraph'' and inserting ``section''; 
     and
       (B) by striking ``2012.'' and inserting ``2015.''; and
       (3) in subsection (c), by striking ``section 562(d) of 
     title 14, United States Code, as added by this title,'' and 
     inserting ``section 569a of title 14, United States Code,''.

     SEC. 219. RENEWAL OF TEMPORARY EARLY RETIREMENT AUTHORITY.

       For fiscal years 2013 through 2018--
       (1) notwithstanding subsection (c)(2)(A) of section 4403 of 
     the National Defense Authorization Act for Fiscal Year 1993 
     (10 U.S.C. 1293 note), such section shall apply to the Coast 
     Guard in the same manner and to the same extent it applies to 
     the Department of Defense, except that--
       (A) the Secretary of Homeland Security shall implement such 
     section with respect to the Coast Guard and, for purposes of 
     that implementation, shall apply the applicable provisions of 
     title 14, United States Code, relating to retirement of Coast 
     Guard personnel; and
       (B) the total number of commissioned officers who retire 
     pursuant to this section may not exceed 200, and the total 
     number of enlisted members who retire pursuant to this 
     section may not exceed 300; and
       (2) only appropriations available for necessary expenses 
     for the operation and maintenance of the Coast Guard shall be 
     expended for the retired pay of personnel who retire pursuant 
     to this section.

     SEC. 220. RESPONSE BOAT-MEDIUM PROCUREMENT.

       (a) Requirement To Fulfill Approved Program of Record.--
     Except as provided in subsection (b), the Commandant of the 
     Coast Guard shall maintain the schedule and requirements for 
     the total acquisition of 180 boats as specified in the 
     approved program of record for the Response Boat-Medium 
     acquisition program in effect on June 1, 2012.
       (b) Applicability.--Subsection (a) shall not apply on and 
     after the date on which the Commandant submits to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate such documentation as the 
     Coast Guard Major Systems Acquisition Manual requires to 
     justify reducing the approved program of record for Response 
     Boat-Medium to a total acquisition of less than 180 boats.

     SEC. 221. NATIONAL SECURITY CUTTERS.

       (a) In General.--
       (1) Multiyear authority.--In fiscal year 2013 and each 
     fiscal year thereafter, the Secretary of the department in 
     which the Coast Guard is operating may enter into, in 
     accordance with section 2306b of title 10, United States 
     Code, a multiyear contract for the procurement of Coast Guard 
     National Security Cutters and Government-furnished equipment 
     associated with the National Security Cutter program.
       (2) Limitation.--The Secretary may not enter into a 
     contract under paragraph (1) until the date that is 30 days 
     after the date the Secretary submits to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives a certification that the Secretary has 
     made, with respect to the contract, each of the findings 
     specified under section 2306b(a) of title 10, United States 
     Code, and has done so in accordance with paragraph (3) of 
     this subsection.
       (3) Determination of substantial savings.--For purposes of 
     this section, in conducting an analysis with respect to 
     substantial savings under section 2306b(a)(1) of title 10, 
     United States Code, the Secretary--
       (A) may not limit the analysis to a simple percentage-based 
     metric; and
       (B) shall employ a full-scale analysis of cost avoidance--
       (i) based on a multiyear procurement; and
       (ii) taking into account the potential benefit any accrued 
     savings might have for future shipbuilding programs if the 
     cost avoidance savings were subsequently utilized for further 
     ship construction.
       (b) Certificate To Operate.--The Commandant of the Coast 
     Guard may not certify a sixth National Security Cutter as 
     Ready for Operations before the Commandant has--
       (1) submitted to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives program execution plans detailing--
       (A) how the first 3 National Security Cutters will achieve 
     the goal of 225 days away from homeport in fiscal years 
     following the completion of the Structural Enhancement 
     Drydock Availability of the first 2 National Security 
     Cutters; and
       (B) increased aerial coverage to support National Security 
     Cutter operations; and
       (2) awarded a contract for detailed design and construction 
     for the Offshore Patrol Cutter.

     SEC. 222. COAST GUARD POLAR ICEBREAKERS.

       (a) In General.--The Secretary of the department in which 
     the Coast Guard is operating shall conduct a business case 
     analysis of the options for and costs of reactivating and 
     extending the service life of the Polar Sea until at least 
     September 30, 2022, to maintain United States polar 
     icebreaking capabilities and fulfill the Coast Guard's high 
     latitude mission needs, as identified in the Coast Guard's 
     July 2010, High Latitude Study Mission Analysis Report, 
     during the Coast Guard's recapitalization of its polar class 
     icebreaker fleet. The analysis shall include--
       (1) an assessment of the current condition of the Polar 
     Sea;
       (2) a determination of the Polar Sea's operational 
     capabilities with respect to fulfilling the Coast Guard's 
     high latitude operating requirements if renovated and 
     reactivated;
       (3) a detailed estimate of costs with respect to 
     reactivating and extending the service life of the Polar Sea;
       (4) a life cycle cost estimate with respect to operating 
     and maintaining the Polar Sea for the duration of its 
     extended service life; and
       (5) a determination of whether it is cost-effective to 
     reactivate the Polar Sea compared with other options to 
     provide icebreaking services as part of a strategy to 
     maintain polar icebreaking services.
       (b) Restrictions.--The Secretary shall not remove any part 
     of the Polar Sea until the Secretary submits the analysis 
     required under subsection (a).
       (c) Deadline.--Not later than 270 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate the analysis required under 
     subsection (a).
       (d) Requirement for Reactivation of Polar Sea.--
       (1) Service life extension plan.--
       (A) In general.--If the Secretary determines based on the 
     analysis required under subsection (a) that it is cost-
     effective to reactivate the Polar Sea compared with other 
     options to provide icebreaking services, the Secretary shall 
     develop a service life extension plan for such reactivation, 
     including a timetable for such reactivation.
       (B) Utilization of existing resources.--In the development 
     of the plan required under subparagraph (A), the Secretary 
     shall utilize to the greatest extent practicable recent 
     plans, studies, assessments, and analyses regarding the Coast 
     Guard's icebreakers and high latitude mission needs and 
     operating requirements.
       (C) Submission.--The Secretary shall submit the plan 
     required under subparagraph

[[Page 16232]]

     (A), if so required, to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate not later than 180 days after the submission of the 
     analysis required under subsection (a).
       (2) Decommissioning; bridging strategy.--If the analysis 
     required under subsection (a) is submitted in accordance with 
     subsection (c) and the Secretary determines under subsection 
     (a)(5) that it is not cost-effective to reactivate the Polar 
     Sea, then not later than 180 days after the date on which the 
     analysis is required to be submitted under subsection (c) the 
     Commandant of the Coast Guard--
       (A) may decommission the Polar Sea; and
       (B) shall submit a bridging strategy for maintaining the 
     Coast Guard's polar icebreaking services until at least 
     September 30, 2022, to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate.
       (e) Restriction.--Except as provided in subsection (d), the 
     Commandant of the Coast Guard may not--
       (1) transfer, relinquish ownership of, dismantle, or 
     recycle the Polar Sea or Polar Star;
       (2) change the current homeport of either of the vessels; 
     or
       (3) expend any funds--
       (A) for any expenses directly or indirectly associated with 
     the decommissioning of either of the vessels, including 
     expenses for dock use or other goods and services;
       (B) for any personnel expenses directly or indirectly 
     associated with the decommissioning of either of the vessels, 
     including expenses for a decommissioning officer;
       (C) for any expenses associated with a decommissioning 
     ceremony for either of the vessels;
       (D) to appoint a decommissioning officer to be affiliated 
     with either of the vessels; or
       (E) to place either of the vessels in inactive status.
       (f) Definition.--For purposes of this section--
       (1) the term ``Polar Sea'' means Coast Guard Cutter Polar 
     Sea (WAGB 11); and
       (2) the term ``Polar Star'' means Coast Guard Cutter Polar 
     Star (WAGB 10).
       (g) Repeal.--This section shall cease to have effect on 
     September 30, 2022.

                   TITLE III--SHIPPING AND NAVIGATION

     SEC. 301. IDENTIFICATION OF ACTIONS TO ENABLE QUALIFIED 
                   UNITED STATES FLAG CAPACITY TO MEET NATIONAL 
                   DEFENSE REQUIREMENTS.

       Section 501(b) of title 46, United States Code, is 
     amended--
       (1) by striking ``When the head'' and inserting the 
     following:
       ``(1) In general.--When the head''; and
       (2) by adding at the end the following:
       ``(2) Determinations.--The Maritime Administrator shall--
       ``(A) for each determination referred to in paragraph (1), 
     identify any actions that could be taken to enable qualified 
     United States flag capacity to meet national defense 
     requirements;
       ``(B) provide notice of each such determination to the 
     Secretary of Transportation and the head of the agency 
     referred to in paragraph (1) for which the determination is 
     made; and
       ``(C) publish each such determination on the Internet Web 
     site of the Department of Transportation not later than 48 
     hours after notice of the determination is provided to the 
     Secretary of Transportation.
       ``(3) Notice to congress.--
       ``(A) In general.--The head of an agency referred to in 
     paragraph (1) shall notify the Committee on Transportation 
     and Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate--
       ``(i) of any request for a waiver of the navigation or 
     vessel-inspection laws under this section not later than 48 
     hours after receiving such a request; and
       ``(ii) of the issuance of any such waiver not later than 48 
     hours after such issuance.
       ``(B) Contents.--Such head of an agency shall include in 
     each notification under subparagraph (A)(ii) an explanation 
     of--
       ``(i) the reasons the waiver is necessary; and
       ``(ii) the reasons actions referred to in paragraph (2)(A) 
     are not feasible.''.

     SEC. 302. LIMITATION OF LIABILITY FOR NON-FEDERAL VESSEL 
                   TRAFFIC SERVICE OPERATORS.

       (a) In General.--Section 2307 of title 46, United States 
     Code, is amended--
       (1) by striking the section designation and heading and 
     inserting the following:

     ``Sec. 2307. Limitation of liability for Coast Guard Vessel 
       Traffic Service pilots and non-Federal vessel traffic 
       service operators'';

       (2) by striking ``Any pilot'' and inserting the following:
       ``(a) Coast Guard Vessel Traffic Service Pilots.--Any 
     pilot''; and
       (3) by adding at the end the following:
       ``(b) Non-Federal Vessel Traffic Service Operators.--An 
     entity operating a non-Federal vessel traffic information 
     service or advisory service pursuant to a duly executed 
     written agreement with the Coast Guard, and any pilot acting 
     on behalf of such entity, is not liable for damages caused by 
     or related to information, advice, or communication 
     assistance provided by such entity or pilot while so 
     operating or acting unless the acts or omissions of such 
     entity or pilot constitute gross negligence or willful 
     misconduct.''.
       (b) Clerical Amendment.--The analysis for chapter 23 of 
     title 46, United States Code, is amended by striking the item 
     relating to section 2307 and inserting the following:

``2307. Limitation of liability for Coast Guard Vessel Traffic Service 
              pilots and non-Federal vessel traffic service 
              operators.''.

     SEC. 303. SURVIVAL CRAFT.

       Section 3104 of title 46, United States Code, is amended--
       (1) in subsection (b) by striking ``January 1, 2015'' and 
     inserting ``the date that is 30 months after the date on 
     which the report described in subsection (c) is submitted''; 
     and
       (2) by adding at the end the following:
       ``(c) Report.--Not later than 180 days after the date of 
     enactment of this subsection, the Commandant of the Coast 
     Guard shall submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report on the carriage of survival craft that 
     ensures no part of an individual is immersed in water, which 
     shall include--
       ``(1) the number of casualties, by vessel type and area of 
     operation, as the result of immersion in water reported to 
     the Coast Guard for each of fiscal years 1991 through 2011;
       ``(2) the effect the carriage of such survival craft has 
     on--
       ``(A) vessel safety, including stability and safe 
     navigation; and
       ``(B) survivability of individuals, including persons with 
     disabilities, children, and the elderly;
       ``(3) the efficacy of alternative safety systems, devices, 
     or measures;
       ``(4) the cost and cost effectiveness of requiring the 
     carriage of such survival craft on vessels; and
       ``(5) the number of small businesses and nonprofit entities 
     that would be affected by requiring the carriage of such 
     survival craft on vessels.''.

     SEC. 304. CLASSIFICATION SOCIETIES.

       Section 3316 of title 46, United States Code, is amended--
       (1) in subsection (b)(2)--
       (A) by striking ``and'' at the end of subparagraph (A);
       (B) by striking the period at the end of subparagraph (B) 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(C) if the Secretary of State determines that the foreign 
     classification society does not provide comparable services 
     in or for a state sponsor of terrorism.'';
       (2) in subsection (d)(2)--
       (A) by striking ``and'' at the end of subparagraph (A);
       (B) by striking the period at the end of subparagraph (B) 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(C) the Secretary of State determines that the foreign 
     classification society does not provide comparable services 
     in or for a state sponsor of terrorism.''; and
       (3) by adding at the end the following:
       ``(e) The Secretary shall revoke a delegation made to a 
     classification society under subsection (b) or (d) if the 
     Secretary of State determines that the classification society 
     provides comparable services in or for a state sponsor of 
     terrorism.
       ``(f) In this section, the term `state sponsor of 
     terrorism' means any country the government of which the 
     Secretary of State has determined has repeatedly provided 
     support for acts of international terrorism pursuant to 
     section 6(j) of the Export Administration Act of 1979 (as 
     continued in effect under the International Emergency 
     Economic Powers Act), section 620A of the Foreign Assistance 
     Act of 1961, section 40 of the Arms Export Control Act, or 
     any other provision of law.''.

     SEC. 305. DOCKSIDE EXAMINATIONS.

       (a) In General.--Section 4502(f) of title 46, United States 
     Code, is amended--
       (1) in paragraph (1), by striking ``and'' at the end;
       (2) in paragraph (2)--
       (A) by striking ``at least once every 2 years'' and 
     inserting ``at least once every 5 years''; and
       (B) by striking the period at the end and inserting ``; 
     and''; and
       (3) by adding at the end the following:
       ``(3) shall complete the first dockside examination of a 
     vessel under this subsection not later than October 15, 
     2015.''.
       (b) Database.--Section 4502(g)(4) of title 46, United 
     States Code, is amended by striking ``a publicly accessible'' 
     and inserting ``an''.
       (c) Certification.--Section 4503 of title 46, United States 
     Code, is amended--
       (1) in subsection (c), by striking ``July 1, 2012.'' and 
     inserting ``July 1, 2013.'';
       (2) in subsection (d)--
       (A) in paragraph (1)(B), by striking ``July 1, 2012;'' and 
     inserting ``July 1, 2013;''; and
       (B) in paragraph (2)--
       (i) by striking ``July 1, 2012,'' each place it appears and 
     inserting ``July 1, 2013,''; and

[[Page 16233]]

       (ii) by striking ``substantial change to the dimension of 
     or type of vessel'' and inserting ``major conversion''; and
       (3) by adding at the end the following:
       ``(e) For the purposes of this section, the term `built' 
     means, with respect to a vessel, that the vessel's 
     construction has reached any of the following stages:
       ``(1) The vessel's keel is laid.
       ``(2) Construction identifiable with the vessel has begun 
     and assembly of that vessel has commenced comprising of at 
     least 50 metric tons or one percent of the estimated mass of 
     all structural material, whichever is less.''.
       (d) Conforming Amendments.--Chapter 51 of title 46, United 
     States Code, is amended--
       (1) in section 5102(b)(3), by striking ``July 1, 2012.'' 
     and inserting ``July 1, 2013.''; and
       (2) in section 5103(c)--
       (A) by striking ``July 1, 2012,'' each place it appears and 
     inserting ``July 1, 2013,''; and
       (B) by striking ``substantial change to the dimension of or 
     type of the vessel'' and inserting ``major conversion''.

     SEC. 306. AUTHORITY TO EXTEND THE DURATION OF MEDICAL 
                   CERTIFICATES.

       (a) In General.--Chapter 75 of title 46, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 7508. Authority to extend the duration of medical 
       certificates

       ``(a) Granting of Extensions.--Notwithstanding any other 
     provision of law, the Secretary may extend for not more than 
     one year a medical certificate issued to an individual 
     holding a license, merchant mariner's document, or 
     certificate of registry issued under chapter 71 or 73 if the 
     Secretary determines that the extension is required to enable 
     the Coast Guard to eliminate a backlog in processing 
     applications for medical certificates or is in response to a 
     national emergency or natural disaster.
       ``(b) Manner of Extension.--An extension under this section 
     may be granted to individual seamen or a specifically 
     identified group of seamen.''.
       (b) Clerical Amendment.--The analysis for chapter 75 of 
     title 46, United States Code, is amended by adding at the end 
     the following:

``7508. Authority to extend the duration of medical certificates.''.

     SEC. 307. CLARIFICATION OF RESTRICTIONS ON AMERICAN FISHERIES 
                   ACT VESSELS.

       Section 12113(d)(2) of title 46, United States Code, is 
     amended--
       (1) in subparagraph (B)--
       (A) by striking ``that the regional'' and inserting the 
     following: ``that--
       ``(i) the regional'';
       (B) by striking the semicolon and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(ii) in the case of a vessel listed in paragraphs (1) 
     through (20) of section 208(e) of the American Fisheries Act 
     (title II of division C of Public Law 105-277; 112 Stat. 
     2681-625 et seq.), the vessel is neither participating in nor 
     eligible to participate in the non-AFA trawl catcher 
     processor subsector (as that term is defined under section 
     219(a)(7) of the Department of Commerce and Related Agencies 
     Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 
     2887));''; and
       (2) by amending subparagraph (C) to read as follows:
       ``(C) the vessel--
       ``(i) is either a rebuilt vessel or replacement vessel 
     under section 208(g) of the American Fisheries Act (title II 
     of division C of Public Law 105-277; 112 Stat. 2681-627);
       ``(ii) is eligible for a fishery endorsement under this 
     section; and
       ``(iii) in the case of a vessel listed in paragraphs (1) 
     through (20) of section 208(e) of the American Fisheries Act 
     (title II of division C of Public Law 105-277; 112 Stat. 
     2681-625 et seq.), is neither participating in nor eligible 
     to participate in the non-AFA trawl catcher processor 
     subsector (as that term is defined under section 219(a)(7) of 
     the Department of Commerce and Related Agencies 
     Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 
     2887); or''.

     SEC. 308. INVESTIGATIONS BY SECRETARY.

       (a) In General.--Chapter 121 of title 46, United States 
     Code, is amended by inserting after section 12139 the 
     following:

     ``Sec. 12140. Investigations by Secretary

       ``(a) In General.--The Secretary may conduct investigations 
     and inspections regarding compliance with this chapter and 
     regulations prescribed under this chapter.
       ``(b) Authority To Obtain Evidence.--
       ``(1) In general.--For the purposes of any investigation 
     conducted under this section, the Secretary may issue a 
     subpoena to require the attendance of a witness or the 
     production of documents or other evidence relevant to the 
     matter under investigation if--
       ``(A) before the issuance of the subpoena, the Secretary 
     requests a determination by the Attorney General as to 
     whether the subpoena--
       ``(i) is reasonable; and
       ``(ii) will interfere with a criminal investigation; and
       ``(B) the Attorney General--
       ``(i) determines that the subpoena is reasonable and will 
     not interfere with a criminal investigation; or
       ``(ii) fails to make a determination with respect to the 
     subpoena before the date that is 30 days after the date on 
     which the Secretary makes a request under subparagraph (A) 
     with respect to the subpoena.
       ``(2) Enforcement.--In the case of a refusal to obey a 
     subpoena issued to any person under this section, the 
     Secretary may invoke the aid of the appropriate district 
     court of the United States to compel compliance.''.
       (b) Clerical Amendment.--The analysis for chapter 121 of 
     title 46, United States Code, is amended by inserting after 
     the item relating to section 12139 the following:

``12140. Investigations by Secretary.''.

     SEC. 309. PENALTIES.

       Section 12151(a) of title 46, United States Code, is 
     amended--
       (1) by striking ``A person that violates'' and inserting 
     the following:
       ``(1) Civil penalties.--Except as provided in paragraph 
     (2), a person that violates'';
       (2) by striking ``$10,000'' and inserting ``$15,000''; and
       (3) by adding at the end the following:
       ``(2) Activities involving mobile offshore drilling 
     units.--A person that violates section 12111(d) or a 
     regulation prescribed under that section is liable to the 
     United States Government for a civil penalty in an amount 
     that is $25,000 or twice the charter rate of the vessel 
     involved in the violation (as determined by the Secretary), 
     whichever is greater. Each day of a continuing violation is a 
     separate violation.''.

     SEC. 310. UNITED STATES COMMITTEE ON THE MARINE 
                   TRANSPORTATION SYSTEM.

       (a) In General.--Chapter 555 of title 46, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 55502. United States Committee on the Marine 
       Transportation System

       ``(a) Establishment.--There is established a United States 
     Committee on the Marine Transportation System (in this 
     section referred to as the `Committee').
       ``(b) Purpose.--The Committee shall serve as a Federal 
     interagency coordinating committee for the purpose of--
       ``(1) assessing the adequacy of the marine transportation 
     system (including ports, waterways, channels, and their 
     intermodal connections);
       ``(2) promoting the integration of the marine 
     transportation system with other modes of transportation and 
     other uses of the marine environment; and
       ``(3) coordinating, improving the coordination of, and 
     making recommendations with regard to Federal policies that 
     impact the marine transportation system.
       ``(c) Membership.--
       ``(1) In general.--The Committee shall consist of--
       ``(A) the Secretary of Transportation;
       ``(B) the Secretary of Defense;
       ``(C) the Secretary of Homeland Security;
       ``(D) the Secretary of Commerce;
       ``(E) the Secretary of the Treasury;
       ``(F) the Secretary of State;
       ``(G) the Secretary of the Interior;
       ``(H) the Secretary of Agriculture;
       ``(I) the Attorney General;
       ``(J) the Secretary of Labor;
       ``(K) the Secretary of Energy;
       ``(L) the Administrator of the Environmental Protection 
     Agency;
       ``(M) the Chairman of the Federal Maritime Commission;
       ``(N) the Chairman of the Joint Chiefs of Staff; and
       ``(O) the head of any other Federal agency who a majority 
     of the voting members of the Committee determines can further 
     the purpose and activities of the Committee.
       ``(2) Nonvoting members.--The Committee may include as many 
     nonvoting members as a majority of the voting members of the 
     Committee determines is appropriate to further the purpose 
     and activities of the Committee.
       ``(d) Support.--
       ``(1) Coordinating board.--
       ``(A) In general.--There is hereby established, within the 
     Committee, a Coordinating Board. Each member of the Committee 
     may select a senior level representative to serve on such 
     Board. The Board shall assist the Committee in carrying out 
     its purpose and activities.
       ``(B) Chair.--There shall be a Chair of the Coordinating 
     Board. The Chair of the Coordinating Board shall rotate each 
     year among the Secretary of Transportation, the Secretary of 
     Defense, the Secretary of Homeland Security, and the 
     Secretary of Commerce. The order of rotation shall be 
     determined by a majority of the voting members of the 
     Committee.
       ``(2) Executive director.--The Secretary of Transportation, 
     in consultation with the Secretary of Defense, the Secretary 
     of Homeland Security, and the Secretary of Commerce, shall 
     appoint an Executive Director of the Committee.
       ``(3) Transfers.--Notwithstanding any other provision of 
     law, the head of a Federal department or agency who is a 
     member of the Committee may--
       ``(A) provide, on a reimbursable or nonreimbursable basis, 
     facilities, equipment, services, personnel, and other support 
     services to carry out the activities of the Committee; and
       ``(B) transfer funds to another Federal department or 
     agency in order to carry out the activities of the Committee.
       ``(e) Marine Transportation System Assessment and 
     Strategy.--Not later than one year after the date of 
     enactment of this

[[Page 16234]]

     Act and every 5 years thereafter, the Committee shall provide 
     to the Committee on Commerce, Science, and Transportation and 
     the Committee on Environment and Public Works of the Senate 
     and the Committee on Transportation and Infrastructure of the 
     House of Representatives a report that includes--
       ``(1) steps taken to implement actions recommended in the 
     document titled `National Strategy for the Marine 
     Transportation System: A Framework for Action' and dated July 
     2008;
       ``(2) an assessment of the condition of the marine 
     transportation system;
       ``(3) a discussion of the challenges the marine 
     transportation system faces in meeting user demand, including 
     estimates of investment levels required to ensure system 
     infrastructure meets such demand;
       ``(4) a plan, with recommended actions, for improving the 
     marine transportation system to meet current and future 
     challenges; and
       ``(5) steps taken to implement actions recommended in 
     previous reports required under this subsection.
       ``(f) Consultation.--In carrying out its purpose and 
     activities, the Committee may consult with marine 
     transportation system-related advisory committees, interested 
     parties, and the public.''.
       (b) Clerical Amendment.--The analysis for chapter 555 of 
     title 46, United States Code, is amended by adding at the end 
     the following:

``55502. United States Committee on the Marine Transportation 
              System.''.

     SEC. 311. TECHNICAL CORRECTION TO TITLE 46.

       Section 7507(a) of title 46, United States Code, is amended 
     by striking ``73'' each place it appears and inserting 
     ``71''.

     SEC. 312. DEEPWATER PORTS.

       Section 3(9)(A) of the Deepwater Port Act of 1974 (33 
     U.S.C. 1502(9)(A)) is amended by inserting ``or from'' before 
     ``any State''.

            TITLE IV--MARITIME ADMINISTRATION AUTHORIZATION

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Maritime Administration 
     Authorization Act for Fiscal Year 2013''.

     SEC. 402. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL 
                   SECURITY ASPECTS OF THE MERCHANT MARINE FOR 
                   FISCAL YEAR 2013.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2013, to be available without fiscal year limitation if 
     so provided in appropriations Acts, for the use of the 
     Department of Transportation for Maritime Administration 
     programs associated with maintaining national security 
     aspects of the merchant marine, as follows:
       (1) For expenses necessary for operations of the United 
     States Merchant Marine Academy, $77,253,000, of which--
       (A) $67,253,000 shall remain available until expended for 
     Academy operations; and
       (B) $10,000,000 shall remain available until expended for 
     capital asset management at the Academy.
       (2) For expenses necessary to support the State maritime 
     academies, $16,045,000, of which--
       (A) $2,400,000 shall remain available until expended for 
     student incentive payments;
       (B) $2,545,000 shall remain available until expended for 
     direct payments to such academies; and
       (C) $11,100,000 shall remain available until expended for 
     maintenance and repair of State maritime academy training 
     vessels.
       (3) For expenses necessary to dispose of vessels in the 
     National Defense Reserve Fleet, $12,717,000, to remain 
     available until expended.
       (4) For expenses to maintain and preserve a United States-
     flag merchant marine to serve the national security needs of 
     the United States under chapter 531 of title 46, United 
     States Code, $186,000,000.
       (5) For the cost (as defined in section 502(5) of the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan 
     guarantees under the program authorized by chapter 537 of 
     title 46, United States Code, $3,750,000, all of which shall 
     remain available until expended for administrative expenses 
     of the program.

     SEC. 403. MARITIME ENVIRONMENTAL AND TECHNICAL ASSISTANCE.

       (a) In General.--Chapter 503 of title 46, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 50307. Maritime environmental and technical assistance 
       program

       ``(a) In General.--The Secretary of Transportation may 
     engage in the environmental study, research, development, 
     assessment, and deployment of emerging marine technologies 
     and practices related to the marine transportation system 
     through the use of public vessels under the control of the 
     Maritime Administration or private vessels under United 
     States registry, and through partnerships and cooperative 
     efforts with academic, public, private, and nongovernmental 
     entities and facilities.
       ``(b) Components.--Under this section, the Secretary of 
     Transportation may--
       ``(1) identify, study, evaluate, test, demonstrate, or 
     improve emerging marine technologies and practices that are 
     likely to achieve environmental improvements by--
       ``(A) reducing air emissions, water emissions, or other 
     ship discharges;
       ``(B) increasing fuel economy or the use of alternative 
     fuels and alternative energy (including the use of shore 
     power); or
       ``(C) controlling aquatic invasive species; and
       ``(2) coordinate with the Environmental Protection Agency, 
     the Coast Guard, and other Federal, State, local, or tribal 
     agencies, as appropriate.
       ``(c) Coordination.--Coordination under subsection (b)(2) 
     may include--
       ``(1) activities that are associated with the development 
     or approval of validation and testing regimes; and
       ``(2) certification or validation of emerging technologies 
     or practices that demonstrate significant environmental 
     benefits.
       ``(d) Assistance.--The Secretary of Transportation may 
     accept gifts, or enter into cooperative agreements, 
     contracts, or other agreements with academic, public, 
     private, and nongovernmental entities and facilities to carry 
     out the activities authorized under subsection (a).''.
       (b) Conforming Amendment.--The analysis for chapter 503 of 
     title 46, United States Code, is amended by inserting after 
     the item relating to section 50306 the following:

``50307. Maritime environmental and technical assistance program.''.

     SEC. 404. PROPERTY FOR INSTRUCTIONAL PURPOSES.

       Section 51103(b) of title 46, United States Code, is 
     amended--
       (1) in the subsection heading, by striking ``Surplus'';
       (2) by amending paragraph (1) to read as follows:
       ``(1) In general.--The Secretary may cooperate with and 
     assist the institutions named in paragraph (2) by making 
     vessels, fuel, shipboard equipment, and other marine 
     equipment, owned by the United States Government and 
     determined by the entity having custody and control of such 
     property to be excess or surplus, available to those 
     institutions for instructional purposes, by gift, loan, sale, 
     lease, or charter on terms and conditions the Secretary 
     considers appropriate. The consent of the Secretary of the 
     Navy shall be obtained with respect to any property from 
     National Defense Reserve Fleet vessels, if such vessels are 
     either Ready Reserve Force vessels or other National Defense 
     Reserve Fleet vessels determined to be of sufficient value to 
     the Navy to warrant their further preservation and 
     retention.''; and
       (3) in paragraph (2)(C), by inserting ``or a training 
     institution that is an instrumentality of a State, the 
     District of Columbia, a territory or possession of the United 
     States, or a unit of local government thereof'' after ``a 
     nonprofit training institution''.

     SEC. 405. SHORT SEA TRANSPORTATION.

       (a) Purpose.--Section 55601 of title 46, United States 
     Code, is amended--
       (1) in subsection (a), by striking ``landside congestion.'' 
     and inserting ``landside congestion or to promote short sea 
     transportation.'';
       (2) in subsection (c), by striking ``coastal corridors'' 
     and inserting ``coastal corridors or to promote short sea 
     transportation'';
       (3) in subsection (d), by striking ``that the project may'' 
     and all that follows through the end of the subsection and 
     inserting ``that the project uses documented vessels and--
       ``(1) mitigates landside congestion; or
       ``(2) promotes short sea transportation.''; and
       (4) in subsection (f), by striking ``shall'' each place it 
     appears and inserting ``may''.
       (b) Documentation.--Section 55605 is amended in the matter 
     preceding paragraph (1) by striking ``by vessel'' and 
     inserting ``by a documented vessel''.

     SEC. 406. LIMITATION OF NATIONAL DEFENSE RESERVE FLEET 
                   VESSELS TO THOSE OVER 1,500 GROSS TONS.

       Section 57101(a) of title 46, United States Code, is 
     amended by inserting ``of 1,500 gross tons or more or such 
     other vessels as the Secretary of Transportation determines 
     are appropriate'' after ``Administration''.

     SEC. 407. TRANSFER OF VESSELS TO THE NATIONAL DEFENSE RESERVE 
                   FLEET.

       Section 57101 of title 46, United States Code, is amended 
     by adding at the end the following:
       ``(c) Authority of Federal Entities To Transfer Vessels.--
     All Federal entities are authorized to transfer vessels to 
     the National Defense Reserve Fleet without reimbursement 
     subject to the approval of the Secretary of Transportation 
     and the Secretary of the Navy with respect to Ready Reserve 
     Force vessels and the Secretary of Transportation with 
     respect to all other vessels.''.

     SEC. 408. CLARIFICATION OF HEADING.

       (a) In General.--The section designation and heading for 
     section 57103 of title 46, United States Code, is amended to 
     read as follows:

     ``Sec. 57103. Donation of nonretention vessels in the 
       National Defense Reserve Fleet''.

       (b) Clerical Amendment.--The analysis for chapter 571 of 
     title 46, United States Code, is amended by striking the item 
     relating to section 57103 and inserting the following:

``57103. Donation of nonretention vessels in the National Defense 
              Reserve Fleet.''.

[[Page 16235]]



     SEC. 409. MISSION OF THE MARITIME ADMINISTRATION.

       Section 109(a) of title 49, United States Code, is 
     amended--
       (1) in the subsection heading by striking ``Organization'' 
     and inserting ``Organization and Mission''; and
       (2) by adding at the end the following: ``The mission of 
     the Maritime Administration is to foster, promote, and 
     develop the merchant maritime industry of the United 
     States.''.

     SEC. 410. AMENDMENTS RELATING TO THE NATIONAL DEFENSE RESERVE 
                   FLEET.

       Subparagraphs (B), (C), and (D) of section 11(c)(1) of the 
     Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744(c)(1)) 
     are amended to read as follows:
       ``(B) activate and conduct sea trials on each vessel at a 
     frequency that is considered by the Secretary to be 
     necessary;
       ``(C) maintain and adequately crew, as necessary, in an 
     enhanced readiness status those vessels that are scheduled to 
     be activated in 5 or less days;
       ``(D) locate those vessels that are scheduled to be 
     activated near embarkation ports specified for those vessels; 
     and''.

     SEC. 411. REQUIREMENT FOR BARGE DESIGN.

       Not later than 270 days after the date of enactment of this 
     Act, the Administrator of the Maritime Administration shall 
     complete the design for a containerized, articulated barge, 
     as identified in the dual-use vessel study carried out by the 
     Administrator and the Secretary of Defense, that is able to 
     utilize roll-on/roll-off or load-on/load-off technology in 
     marine highway maritime commerce.

     SEC. 412. CONTAINER-ON-BARGE TRANSPORTATION.

       (a) Assessment.--The Administrator of the Maritime 
     Administration shall assess the potential for using 
     container-on-barge transportation in short sea transportation 
     (as such term is defined in section 55605 of title 46, United 
     States Code).
       (b) Factors.--In conducting the assessment under subsection 
     (a), the Administrator shall consider--
       (1) the environmental benefits of increasing container-on-
     barge movements in short sea transportation;
       (2) the regional differences in the use of short sea 
     transportation;
       (3) the existing programs established at coastal and Great 
     Lakes ports for establishing awareness of deep sea shipping 
     operations;
       (4) the mechanisms necessary to ensure that implementation 
     of a plan under subsection (c) will not be inconsistent with 
     antitrust laws; and
       (5) the potential frequency of container-on-barge service 
     at short sea transportation ports.
       (c) Recommendations.--The assessment under subsection (a) 
     may include recommendations for a plan to increase awareness 
     of the potential for use of container-on-barge 
     transportation.
       (d) Deadline.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall submit the 
     assessment required under this section to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives.

     SEC. 413. DEPARTMENT OF DEFENSE NATIONAL STRATEGIC PORTS 
                   STUDY AND COMPTROLLER GENERAL STUDIES AND 
                   REPORTS ON STRATEGIC PORTS.

       (a) Sense of Congress on Completion of DOD Report.--It is 
     the sense of Congress that the Secretary of Defense should 
     expedite completion of the study of strategic ports in the 
     United States called for in the conference report to 
     accompany the National Defense Authorization Act for Fiscal 
     Year 2012 (Conference Report 112-329) so that it can be 
     submitted to Congress before July 1, 2013.
       (b) Submission of Report to Comptroller General.--In 
     addition to submitting the report referred to in subsection 
     (a) to Congress, the Secretary of Defense shall submit the 
     report to the Comptroller General of the United States for 
     consideration under subsection (c).
       (c) Comptroller General Studies and Reports on Strategic 
     Ports.--
       (1) Comptroller general review.--Not later than 90 days 
     after receipt of the report referred to in subsection (a), 
     the Comptroller General shall conduct an assessment of the 
     report and submit to the Committee on Armed Services of the 
     House of Representatives and the Committee on Armed Services 
     of the Senate a report of such assessment.
       (2) Comptroller general study and report.--Not later than 
     270 days after the date of enactment of this Act, the 
     Comptroller General shall conduct a study of the Department 
     of Defense's programs and efforts related to the state of 
     strategic ports with respect to the Department's operational 
     and readiness requirements, and report to the Committee on 
     Armed Services of the House of Representatives and the 
     Committee on Armed Services of the Senate on the findings of 
     such study. The report may include an assessment of--
       (A) the extent to which the facilities at strategic ports 
     meet the Department of Defense's requirements;
       (B) the extent to which the Department has identified gaps 
     in the ability of existing strategic ports to meet its needs 
     and identified and undertaken efforts to address any gaps; 
     and
       (C) the Department's ability to oversee, coordinate, and 
     provide security for military deployments through strategic 
     ports.
       (d) Strategic Port Defined.--In this section, the term 
     ``strategic port'' means a United States port designated by 
     the Secretary of Defense as a significant transportation hub 
     important to the readiness and cargo throughput capacity of 
     the Department of Defense.

     SEC. 414. MARITIME WORKFORCE STUDY.

       (a) Training Study.--The Comptroller General of the United 
     States shall conduct a study on the training needs of the 
     maritime workforce.
       (b) Study Components.--The study shall--
       (1) analyze the impact of maritime training requirements 
     imposed by domestic and international regulations and 
     conventions, companies, and government agencies that charter 
     or operate vessels;
       (2) evaluate the ability of the United States maritime 
     training infrastructure to meet the needs of the maritime 
     industry;
       (3) identify trends in maritime training;
       (4) compare the training needs of United States mariners 
     with the vocational training and educational assistance 
     programs available from Federal agencies to evaluate the 
     ability of Federal programs to meet the training needs of 
     United States mariners;
       (5) include recommendations to enhance the capabilities of 
     the United States maritime training infrastructure; and
       (6) include recommendations to assist United States 
     mariners and those entering the maritime profession to 
     achieve the required training.
       (c) Final Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General shall submit a 
     report on the results of the study to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives.

     SEC. 415. MARITIME ADMINISTRATION VESSEL RECYCLING CONTRACT 
                   AWARD PRACTICES.

       (a) Assessment.--The Comptroller General of the United 
     States shall conduct an assessment of the source selection 
     procedures and practices used to award the Maritime 
     Administration's National Defense Reserve Fleet vessel 
     recycling contracts.
       (b) Contents.--The assessment under subsection (a) shall 
     include a review of--
       (1) whether the Maritime Administration's contract source 
     selection procedures and practices are consistent with law, 
     including the Federal Acquisition Regulation, and Federal 
     best practices associated with making source selection 
     decisions;
       (2) the process, procedures, and practices used for the 
     Maritime Administration's qualification of vessel recycling 
     facilities; and
       (3) any other aspect of the Maritime Administration's 
     vessel recycling process that the Comptroller General deems 
     appropriate to review.
       (c) Findings.--Not later than one year after the date of 
     enactment of this Act, the Comptroller General shall report 
     the findings of the assessment under subsection (a) to the 
     Committee on Commerce, Science, and Transportation and the 
     Committee on Armed Services of the Senate and the Committee 
     on Transportation and Infrastructure and the Committee on 
     Armed Services of the House of Representatives.

                            TITLE V--PIRACY

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Piracy Suppression Act of 
     2012''.

     SEC. 502. TRAINING FOR USE OF FORCE AGAINST PIRACY.

       (a) In General.--Chapter 517 of title 46, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 51705. Training for use of force against piracy

       ``The Secretary of Transportation, in consultation with the 
     Secretary of Defense and the Secretary of the department in 
     which the Coast Guard is operating, shall certify a training 
     curriculum for United States mariners on the use of force 
     against pirates. The curriculum shall include--
       ``(1) information on waters designated as high-risk waters 
     by the Commandant of the Coast Guard;
       ``(2) information on current threats and patterns of attack 
     by pirates;
       ``(3) tactics for defense of a vessel, including 
     instruction on the types, use, and limitations of security 
     equipment;
       ``(4) standard rules for the use of force for self-defense 
     as developed by the Secretary of the department in which the 
     Coast Guard is operating under section 912(c) of the Coast 
     Guard Authorization Act of 2010 (Public Law 111-281; 46 
     U.S.C. 8107 note), including instruction on firearm safety 
     for crewmembers of vessels carrying cargo under section 55305 
     of this title; and
       ``(5) procedures to follow to improve crewmember 
     survivability if captured and taken hostage by pirates.''.
       (b) Deadline.--The Secretary of Transportation shall 
     certify the curriculum required under the amendment made by 
     subsection (a)

[[Page 16236]]

     not later than 270 days after the date of enactment of this 
     Act.
       (c) Clerical Amendment.--The analysis for chapter 517 of 
     title 46, United States Code, is amended by adding at the end 
     the following:

``51705. Training program for use of force against piracy.''.

     SEC. 503. SECURITY OF GOVERNMENT-IMPELLED CARGO.

       Section 55305 of title 46, United States Code, is amended 
     by adding at the end the following:
       ``(e) Security of Government-impelled Cargo.--
       ``(1) In order to ensure the safety of vessels and 
     crewmembers transporting equipment, materials, or commodities 
     under this section, the Secretary of Transportation shall 
     direct each department or agency (except the Department of 
     Defense), when responsible for the carriage of such 
     equipment, materials, or commodities, to provide armed 
     personnel aboard vessels of the United States carrying such 
     equipment, materials, or commodities if the vessels are 
     transiting high-risk waters.
       ``(2) The Secretary of Transportation shall direct each 
     department or agency responsible to provide armed personnel 
     under paragraph (1) to reimburse, subject to the availability 
     of appropriations, the owners or operators of applicable 
     vessels for the cost of providing armed personnel.
       ``(3) In this subsection, the term `high-risk waters' means 
     waters so designated by the Commandant of the Coast Guard in 
     the Port Security Advisory in effect on the date on which an 
     applicable voyage begins.''.

     SEC. 504. ACTIONS TAKEN TO PROTECT FOREIGN-FLAGGED VESSELS 
                   FROM PIRACY.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary of Defense, in consultation with the 
     Secretary of the department in which the Coast Guard is 
     operating, shall provide to the Committee on Armed Services 
     and the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Armed Services 
     and the Committee on Commerce, Science, and Transportation of 
     the Senate a report on actions taken by the Secretary of 
     Defense to protect foreign-flagged vessels from acts of 
     piracy on the high seas. The report shall include--
       (1) the total number of incidents for each of the fiscal 
     years 2009 through 2012 in which a member of the armed 
     services or an asset under the control of the Secretary of 
     Defense was used to interdict or defend against an act of 
     piracy directed against any vessel not documented under the 
     laws of the United States; and
       (2) the estimated cost for each of the fiscal years 2009 
     through 2012 for such incidents.

                        TITLE VI--MARINE DEBRIS

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Marine Debris Act 
     Amendments of 2012''.

     SEC. 602. SHORT TITLE AMENDMENT; REFERENCES.

       (a) Short Title Amendment.--Section 1 of the Marine Debris 
     Research, Prevention, and Reduction Act (33 U.S.C. 1951 note) 
     is amended by striking ``Research, Prevention, and 
     Reduction''.
       (b) References.--Except as otherwise expressly provided, 
     whenever in this title an amendment is expressed as an 
     amendment to a section or other provision, the reference 
     shall be considered to be made to a section or other 
     provision of the Marine Debris Act (33 U.S.C. 1951 et seq.), 
     as so retitled by subsection (a) of this section.

     SEC. 603. PURPOSE.

       Section 2 (33 U.S.C. 1951) is amended to read as follows:

     ``SEC. 2. PURPOSE.

       ``The purpose of this Act is to address the adverse impacts 
     of marine debris on the United States economy, the marine 
     environment, and navigation safety through the 
     identification, determination of sources, assessment, 
     prevention, reduction, and removal of marine debris.''.

     SEC. 604. NOAA MARINE DEBRIS PROGRAM.

       (a) Name of Program.--Section 3 (33 U.S.C. 1952) is 
     amended--
       (1) in the section heading by striking ``PREVENTION AND 
     REMOVAL''; and
       (2) in subsection (a)--
       (A) by striking ``Prevention and Removal Program to reduce 
     and prevent the occurrence and'' and inserting ``Program to 
     identify, determine sources of, assess, prevent, reduce, and 
     remove marine debris and address the'';
       (B) by inserting ``the economy of the United States,'' 
     after ``marine debris on''; and
       (C) by inserting a comma after ``environment''.
       (b) Program Components.--Section 3(b) (33 U.S.C. 1952(b)) 
     is amended to read as follows:
       ``(b) Program Components.--The Administrator, acting 
     through the Program and subject to the availability of 
     appropriations, shall--
       ``(1) identify, determine sources of, assess, prevent, 
     reduce, and remove marine debris, with a focus on marine 
     debris posing a threat to living marine resources and 
     navigation safety;
       ``(2) provide national and regional coordination to assist 
     States, Indian tribes, and regional organizations in the 
     identification, determination of sources, assessment, 
     prevention, reduction, and removal of marine debris;
       ``(3) undertake efforts to reduce the adverse impacts of 
     lost and discarded fishing gear on living marine resources 
     and navigation safety, including--
       ``(A) research and development of alternatives to gear 
     posing threats to the marine environment and methods for 
     marking gear used in certain fisheries to enhance the 
     tracking, recovery, and identification of lost and discarded 
     gear; and
       ``(B) the development of effective nonregulatory measures 
     and incentives to cooperatively reduce the volume of lost and 
     discarded fishing gear and to aid in gear recovery;
       ``(4) undertake outreach and education activities for the 
     public and other stakeholders on sources of marine debris, 
     threats associated with marine debris, and approaches to 
     identifying, determining sources of, assessing, preventing, 
     reducing, and removing marine debris and its adverse impacts 
     on the United States economy, the marine environment, and 
     navigation safety, including outreach and education 
     activities through public-private initiatives; and
       ``(5) develop, in consultation with the Interagency 
     Committee, interagency plans for the timely response to 
     events determined by the Administrator to be severe marine 
     debris events, including plans to--
       ``(A) coordinate across agencies and with relevant State, 
     tribal, and local governments to ensure adequate, timely, and 
     efficient response;
       ``(B) assess the composition, volume, and trajectory of 
     marine debris associated with a severe marine debris event; 
     and
       ``(C) estimate the potential impacts of a severe marine 
     debris event, including economic impacts on human health, 
     navigation safety, natural resources, tourism, and livestock, 
     including aquaculture.''.
       (c) Grant Criteria and Guidelines.--Section 3(c) (33 U.S.C. 
     1952(c)) is amended--
       (1) in paragraph (1), by striking ``section 2(1)'' and 
     inserting ``section 2'';
       (2) by striking paragraph (5); and
       (3) by redesignating paragraphs (6) and (7) as paragraphs 
     (5) and (6), respectively.
       (d) Repeal.--Section 2204 of the Marine Plastic Pollution 
     Research and Control Act of 1987 (33 U.S.C. 1915), and the 
     item relating to that section in the table of contents 
     contained in section 2 of the United States-Japan Fishery 
     Agreement Approval Act of 1987, are repealed.

     SEC. 605. REPEAL OF OBSOLETE PROVISIONS.

       Section 4 (33 U.S.C. 1953) is amended--
       (1) by striking ``(a) Strategy.--''; and
       (2) by striking subsections (b) and (c).

     SEC. 606. COORDINATION.

       (a) Interagency Marine Debris Coordinating Committee.--
       (1) In general.--Section 2203 of the Marine Plastic 
     Pollution Research and Control Act of 1987 (33 U.S.C. 1914) 
     is redesignated and moved to replace and appear as section 5 
     of the Marine Debris Act (33 U.S.C. 1954), as so retitled by 
     section 602(a) of this title.
       (2) Conforming amendment.--Section 5 of the Marine Debris 
     Act (33 U.S.C. 1954), as amended by paragraph (1) of this 
     subsection, is further amended in subsection (d)(2)--
       (A) by striking ``this Act'' and inserting ``the Marine 
     Plastic Pollution Research and Control Act of 1987''; and
       (B) by inserting ``of the Marine Plastic Pollution Research 
     and Control Act of 1987'' after ``section 2201''.
       (3) Clerical amendment.--The item relating to section 2203 
     in the table of contents contained in section 2 of the United 
     States-Japan Fishery Agreement Approval Act of 1987 is 
     repealed.
       (b) Biennial Progress Reports.--Section 5(c)(2) of the 
     Marine Debris Research, Prevention, and Reduction Act (33 
     U.S.C. 1954(c)(2)), as in effect immediately before the 
     enactment of this Act--
       (1) is redesignated and moved to appear as subsection (e) 
     at the end of section 5 of the Marine Debris Act, as amended 
     by subsection (a) of this section; and
       (2) is amended--
       (A) by striking ``Annual progress reports.--'' and all that 
     follows through ``thereafter'' and inserting ``Biennial 
     Progress Reports.--Biennially'';
       (B) by striking ``Interagency'' each place it appears;
       (C) by striking ``chairperson'' and inserting 
     ``Chairperson'';
       (D) by inserting ``Natural'' before ``Resources'';
       (E) by redesignating subparagraphs (A) through (E) as 
     paragraphs (1) through (5), respectively; and
       (F) by moving all text 2 ems to the left.

     SEC. 607. CONFIDENTIALITY OF SUBMITTED INFORMATION.

       Section 6(2) (33 U.S.C. 1955(2)) is amended by striking 
     ``by the fishing industry''.

     SEC. 608. DEFINITIONS.

       Section 7 (33 U.S.C. 1956) is amended--
       (1) in paragraph (2), by striking ``2203 of the Marine 
     Plastic Pollution Research and Control Act of 1987 (33 U.S.C. 
     1914)'' and inserting ``5 of this Act'';
       (2) by striking paragraph (3) and inserting the following:
       ``(3) Marine debris.--The term `marine debris' means any 
     persistent solid material

[[Page 16237]]

     that is manufactured or processed and directly or indirectly, 
     intentionally or unintentionally, disposed of or abandoned 
     into the marine environment or the Great Lakes.'';
       (3) by striking paragraph (5);
       (4) by redesignating paragraph (7) as paragraph (5);
       (5) in paragraph (5), as redesignated by paragraph (4) of 
     this section, by striking ``Prevention and Removal'';
       (6) by striking paragraph (6) and inserting the following:
       ``(6) Severe marine debris event.--The term `severe marine 
     debris event' means atypically large amounts of marine debris 
     caused by a natural disaster, including a tsunami, flood, 
     landslide, or hurricane, or other source.''; and
       (7) by redesignating paragraph (8) as paragraph (7).

     SEC. 609. SEVERE MARINE DEBRIS EVENT DETERMINATION.

       (a) In General.--The Administrator of the National Oceanic 
     and Atmospheric Administration shall determine whether the 
     March 2011, Tohoku earthquake and subsequent tsunami and the 
     October 2012, hurricane Sandy each caused a severe marine 
     debris event (as that term is defined in section 7(6) of the 
     Marine Debris Act (33 U.S.C. 1956(6)), as amended by this 
     Act).
       (b) Deadline.--Not later than 30 days after the date of 
     enactment of this Act, the Administrator shall provide the 
     determination required under subsection (a) to the Committee 
     on Commerce, Science, and Transportation of the Senate and 
     the Committee on Transportation and Infrastructure and the 
     Committee on Natural Resources of the House of 
     Representatives.

                        TITLE VII--MISCELLANEOUS

     SEC. 701. DISTANT WATER TUNA FLEET.

       Section 421 of the Coast Guard and Maritime Transportation 
     Act of 2006 (Public Law 109-241; 120 Stat. 547) is amended--
       (1) by striking subsection (b) and inserting the following:
       ``(b) Licensing Restrictions.--
       ``(1) In general.--Subsection (a) only applies to a foreign 
     citizen who holds a credential that is equivalent to the 
     credential issued by the Coast Guard to a United States 
     citizen for the position, with respect to requirements for 
     experience, training, and other qualifications.
       ``(2) Treatment of credential.--An equivalent credential 
     under paragraph (1) shall be considered as meeting the 
     requirements of section 8304 of title 46, United States Code, 
     but only while a person holding the credential is in the 
     service of the vessel to which this section applies.'';
       (2) in subsection (c) by inserting ``or Guam'' before the 
     period at the end; and
       (3) in subsection (d) by striking ``on December 31, 2012'' 
     and inserting ``on the date the Treaty on Fisheries Between 
     the Governments of Certain Pacific Island States and the 
     Government of the United States of America ceases to have 
     effect for any party under Article 12.6 or 12.7 of such 
     treaty, as in effect on the date of enactment of the Coast 
     Guard and Maritime Transportation Act of 2012''.

     SEC. 702. TECHNICAL CORRECTIONS.

       (a) Study of Bridges.--Section 905 of the Coast Guard 
     Authorization Act of 2010 (Public Law 111-281; 33 U.S.C. 
     494a) is amended to read as follows:

     ``SEC. 905. STUDY OF BRIDGES OVER NAVIGABLE WATERS.

       ``The Commandant of the Coast Guard shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a comprehensive study on the 
     construction or alteration of any bridge, drawbridge, or 
     causeway over the navigable waters of the United States with 
     a channel depth of 25 feet or greater that may impede or 
     obstruct future navigation to or from port facilities and for 
     which a permit under the Act of March 23, 1906 (33 U.S.C. 491 
     et seq.), popularly known as the Bridge Act of 1906, was 
     requested during the period beginning on January 1, 2006, and 
     ending on August 3, 2011.''.
       (b) Waiver.--Section 7(c) of the America's Cup Act of 2011 
     (125 Stat. 755) is amended by inserting ``located in 
     Ketchikan, Alaska'' after ``moorage''.

     SEC. 703. EXTENSION OF MORATORIUM.

       Section 2(a) of Public Law 110-299 (33 U.S.C. 1342 note) is 
     amended by striking ``2013'' and inserting ``2014''.

     SEC. 704. NOTICE OF ARRIVAL.

       The regulations required under section 109(a) of the 
     Security and Accountability For Every Port Act of 2006 (33 
     U.S.C. 1223 note) dealing with notice of arrival requirements 
     for foreign vessels on the Outer Continental Shelf shall not 
     apply to a vessel documented under section 12105 of title 46, 
     United States Code, unless the vessel arrives from a foreign 
     port or place.

     SEC. 705. WAIVERS.

       (a) Texas Star Casino.--
       (1) In general.--Notwithstanding section 12113(a)(4) of 
     title 46, United States Code, the Secretary of the department 
     in which the Coast Guard is operating may issue a certificate 
     of documentation with a fishery endorsement for the Texas 
     Star Casino (IMO number 7722047).
       (2) Restriction.--Notwithstanding section 12113(b)(1) of 
     title 46, United States Code, a fishery endorsement issued 
     under paragraph (1) is not valid for any fishery for which a 
     fishery management plan has been approved by the Secretary of 
     Commerce pursuant to section 304 of the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1854) 
     before the date of enactment of this Act.
       (b) Ranger III.--Section 3703a of title 46, United States 
     Code, does not apply to the passenger vessel Ranger III 
     (United States official number 277361), during any period 
     that the vessel is owned and operated by the National Park 
     Service.

     SEC. 706. NATIONAL RESPONSE CENTER NOTIFICATION REQUIREMENTS.

       The Ohio River Valley Water Sanitation Commission, 
     established pursuant to the Ohio River Valley Water 
     Sanitation Compact consented to and approved by Congress in 
     the Act of July 11, 1940 (54 Stat. 752), is deemed a 
     Government agency for purposes of the notification 
     requirements of section 103 of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9603). The National Response Center shall 
     convey notification, including complete and unredacted 
     incident reports, expeditiously to the Commission regarding 
     each release in or affecting the Ohio River Basin for which 
     notification to all appropriate Government agencies is 
     required.

     SEC. 707. VESSEL DETERMINATIONS.

       The vessel with United States official number 981472 and 
     the vessel with United States official number 988333 shall 
     each be deemed to be a new vessel effective on the date of 
     delivery after January 1, 2008, from a privately owned United 
     States shipyard if no encumbrances are on record with the 
     Coast Guard at the time of the issuance of the new vessel 
     certificate of documentation for each vessel.

     SEC. 708. MILLE LACS LAKE, MINNESOTA.

       The waters of Mille Lacs Lake, Minnesota, are not waters 
     subject to the jurisdiction of the United States for the 
     purposes of section 2 of title 14, United States Code.

     SEC. 709. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL 
                   PROCESS REFORM.

       Not later than 270 days after the date of enactment of this 
     Act, the Secretary of Homeland Security shall reform the 
     process for Transportation Worker Identification Credential 
     enrollment, activation, issuance, and renewal to require, in 
     total, not more than one in-person visit to a designated 
     enrollment center except in cases in which there are 
     extenuating circumstances, as determined by the Secretary, 
     requiring more than one such in-person visit.

     SEC. 710. INVESTMENT AMOUNT.

       Not later than 30 days after the date of enactment of this 
     Act, the Secretary of the Treasury shall increase the 
     $22,500,000 invested in income-producing securities for 
     purposes of section 5006(b) of the Oil Pollution Act of 1990 
     (33 U.S.C. 2736(b)) by $12,851,340.

     SEC. 711. INTEGRATED CROSS-BORDER MARITIME LAW ENFORCEMENT 
                   OPERATIONS BETWEEN THE UNITED STATES AND 
                   CANADA.

       (a) Authorization.--The Secretary of Homeland Security, 
     acting through the Commandant of the Coast Guard, may 
     establish an Integrated Cross-Border Maritime Law Enforcement 
     Operations Program to coordinate the maritime security 
     operations of the United States and Canada (in this section 
     referred to as the ``Program'').
       (b) Purpose.--The Secretary, acting through the Commandant, 
     shall administer the Program in a manner that results in a 
     cooperative approach between the United States and Canada to 
     strengthen border security and detect, prevent, suppress, 
     investigate, and respond to terrorism and violations of law 
     related to border security.
       (c) Training.--The Secretary, acting through the Commandant 
     and in consultation with the Secretary of State, may--
       (1) establish, as an element of the Program, a training 
     program for individuals who will serve as maritime law 
     enforcement officers; and
       (2) conduct training jointly with Canada to enhance border 
     security, including training--
       (A) on the detection and apprehension of suspected 
     terrorists and individuals attempting to unlawfully cross or 
     unlawfully use the international maritime border between the 
     United States and Canada;
       (B) on the integration, analysis, and dissemination of port 
     security information by and between the United States and 
     Canada;
       (C) on policy, regulatory, and legal considerations related 
     to the Program;
       (D) on the use of force in maritime security;
       (E) on operational procedures and protection of sensitive 
     information; and
       (F) on preparedness and response to maritime terrorist 
     incidents.
       (d) Coordination.--The Secretary, acting through the 
     Commandant, shall coordinate the Program with other similar 
     border security and antiterrorism programs within the 
     Department of Homeland Security.
       (e) Memoranda of Agreement.--The Secretary may enter into 
     any memorandum of agreement necessary to carry out the 
     Program.

[[Page 16238]]



     SEC. 712. BRIDGE PERMITS.

       (a) In General.--For the purposes of reviewing a permit 
     application pursuant to section 9 of the Act of March 3, 
     1899, popularly known as the Rivers and Harbors Appropriation 
     Act of 1899 (33 U.S.C. 401), the Act of March 23, 1906, 
     popularly known as the Bridge Act of 1906 (33 U.S.C. 491 et 
     seq.), the Act of June 21, 1940, popularly known as the 
     Truman-Hobbs Act (33 U.S.C. 511 et seq.), or the General 
     Bridge Act of 1946 (33 U.S.C. 525 et seq.), the Secretary of 
     the department in which the Coast Guard is operating may--
       (1) accept voluntary services from one or more owners of a 
     bridge; and
       (2) accept and credit to Coast Guard operating expenses any 
     amounts received from one or more owners of a bridge.
       (b) Expedited Process.--The Secretary of the department in 
     which the Coast Guard is operating shall complete, on an 
     expeditious basis and using the shortest existing applicable 
     process, determinations on any required approval for issuance 
     of any permits under the jurisdiction of such department 
     related to the construction or alteration of a bridge over 
     the Kill Van Kull consistent with Executive Order 13604 
     (March 22, 2012) and the Administration's objectives for the 
     project.

     SEC. 713. TONNAGE OF AQUEOS ACADIAN.

       The Secretary of the department in which the Coast Guard is 
     operating may consider the tonnage measurements for the 
     vessel Aqueos Acadian (United States official number 553645) 
     recorded on the certificate of inspection for the vessel 
     issued on September 8, 2011, to be valid until May 2, 2014, 
     if the vessel and the use of its space is not changed after 
     November 16, 2012, in a way that substantially affects the 
     tonnage of the vessel.

     SEC. 714. NAVIGABILITY DETERMINATION.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Commandant of the Coast Guard 
     shall submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate an assessment of the impact of additional regulatory 
     requirements imposed on passenger vessels operating on the 
     Ringo Cocke Canal in Louisiana as a result of the covered 
     navigability determination.
       (b) Restriction.--Before the date that is 180 days after 
     the date on which the assessment required under subsection 
     (a) is submitted, the Commandant may not enforce any 
     regulatory requirements imposed on passenger vessels 
     operating on the Ringo Cocke Canal in Louisiana that are a 
     result of the covered navigability determination.
       (c) Covered Navigability Determination Defined.--In this 
     section, the term ``covered navigability determination'' 
     means the Coast Guard's Navigability Determination for Ringo 
     Cocke Canal, Louisiana, dated March 25, 2010.

     SEC. 715. COAST GUARD HOUSING.

       Not later than 30 days after the date of enactment of this 
     Act, the Commandant of the Coast Guard shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives the Coast Guard's National 
     Housing Assessment and any analysis conducted by the Coast 
     Guard of such assessment.

     SEC. 716. ASSESSMENT OF NEEDS FOR ADDITIONAL COAST GUARD 
                   PRESENCE IN HIGH-LATITUDE REGIONS.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary of the department in which the Coast Guard 
     is operating shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives an assessment of the need for additional 
     Coast Guard prevention and response capability in the high-
     latitude regions. The assessment shall address needs for all 
     Coast Guard mission areas, including search and rescue, 
     marine pollution response and prevention, fisheries 
     enforcement, and maritime commerce. The Secretary shall 
     include in the assessment--
       (1) an analysis of the high-latitude operating capabilities 
     of all current Coast Guard assets other than icebreakers, 
     including assets acquired under the Deepwater program;
       (2) an analysis of projected needs for Coast Guard 
     operations in the high-latitude regions; and
       (3) an analysis of shore infrastructure, personnel, 
     logistics, communications, and resources requirements to 
     support Coast Guard operations in the high-latitude regions, 
     including forward operating bases and existing infrastructure 
     in the furthest north locations that are ice free, or nearly 
     ice free, year round.

     SEC. 717. POTENTIAL PLACE OF REFUGE.

       (a) Consultation.--Not later than 1 year after the date of 
     enactment of this Act, the Commandant of the Coast Guard 
     shall consult with appropriate Federal agencies and with 
     State and local interests to determine what improvements, if 
     any, are necessary to designate existing ice-free facilities 
     or infrastructure in the Central Bering Sea as a fully 
     functional, year-round Potential Place of Refuge.
       (b) Purposes.--The purposes of the consultation under 
     subsection (a) shall be to enhance safety of human life at 
     sea and protect the marine environment in the Central Bering 
     Sea.
       (c) Deadline for Submission.--Not later than 90 days after 
     making the determination under subsection (a), the Commandant 
     shall inform the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives in writing of the findings under subsection 
     (a).

     SEC. 718. MERCHANT MARINER MEDICAL EVALUATION PROGRAM.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Commandant of the Coast Guard 
     shall submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate an assessment of the Coast Guard National Maritime 
     Center's merchant mariner medical evaluation program and 
     alternatives to the program.
       (b) Contents.--The assessment required under subsection (a) 
     shall include the following:
       (1) An overview of the adequacy of the program for making 
     medical certification determinations for issuance of merchant 
     mariners' documents.
       (2) An analysis of how a system similar to the Federal 
     Motor Carrier Safety Administration's National Registry of 
     Certified Medical Examiners program, and the Federal Aviation 
     Administration's Designated Aviation Medical Examiners 
     program, could be applied by the Coast Guard in making 
     medical fitness determinations for issuance of merchant 
     mariners' documents.
       (3) An explanation of how the amendments to the 
     International Convention on Standards of Training, 
     Certification and Watchkeeping for Seafarers, 1978, that 
     entered into force on January 1, 2012, required changes to 
     the Coast Guard's merchant mariner medical evaluation 
     program.

     SEC. 719. DETERMINATIONS.

       Not later than 270 days after the date of enactment of this 
     Act, the Secretary of the department in which the Coast Guard 
     is operating shall provide to the Committee on Transportation 
     and Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate an assessment of--
       (1) the loss of United States shipyard jobs and industrial 
     base expertise as a result of rebuild, conversion, and 
     double-hull work on United States-flag vessels eligible to 
     engage in the coastwise trade being performed in foreign 
     shipyards;
       (2) enforcement of the Coast Guard's foreign rebuild 
     determination regulations; and
       (3) recommendations for improving transparency in the Coast 
     Guard's foreign rebuild determination process.

     SEC. 720. IMPEDIMENTS TO THE UNITED STATES-FLAG REGISTRY.

       (a) Assessment.--Not later than 180 days after the date of 
     enactment of this Act, the Commandant of the Coast Guard 
     shall submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate an assessment of factors under the authority of the 
     Coast Guard that impact the ability of vessels documented in 
     the United States to effectively compete in international 
     transportation markets.
       (b) Content.--The assessment under subsection (a) shall 
     include--
       (1) a review of differences between Coast Guard policies 
     and regulations governing the inspection of vessels 
     documented in the United States and International Maritime 
     Organization policies and regulations governing the 
     inspection of vessels not documented in the United States;
       (2) a statement on the impact such differences have on 
     operating costs for vessels documented in the United States; 
     and
       (3) recommendations on whether to harmonize any such 
     differences.
       (c) Consultation.--In preparing the assessment under 
     subsection (a), the Commandant may consider the views of 
     representatives of the owners or operators of vessels 
     documented in the United States and the organizations 
     representing the employees employed on such vessels.

     SEC. 721. ARCTIC DEEPWATER SEAPORT.

       (a) Study.--The Commandant of the Coast Guard, in 
     consultation with the Commanding General of the Army Corps of 
     Engineers, the Maritime Administrator, and the Chief of Naval 
     Operations, shall conduct a study on the feasibility of 
     establishing a deepwater seaport in the Arctic to protect and 
     advance strategic United States interests within the Arctic 
     region.
       (b) Scope.--The study under subsection (a) shall include an 
     analysis of--
       (1) the capability provided by a deepwater seaport that--
       (A) is in the Arctic (as that term is defined in the 
     section 112 of the Arctic Research and Policy Act of 1984 (15 
     U.S.C. 4111)); and
       (B) has a depth of not less than 34 feet;
       (2) the potential and optimum locations for such deepwater 
     seaport;
       (3) the resources needed to establish such deepwater 
     seaport;
       (4) the timeframe needed to establish such deepwater 
     seaport;

[[Page 16239]]

       (5) the infrastructure required to support such deepwater 
     seaport; and
       (6) any other issues the Secretary considers necessary to 
     complete the study.
       (c) Deadline for Submission of Findings.--Not later than 1 
     year after the date of enactment of this Act, the Commandant 
     shall submit the findings of the study under subsection (a) 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives.

     SEC. 722. RISK ASSESSMENT OF TRANSPORTING CANADIAN OIL SANDS.

       (a) In General.--The Commandant of the Coast Guard shall 
     assess the increased vessel traffic in the Salish Sea 
     (including Puget Sound, the Strait of Georgia, Haro Strait, 
     Rosario Strait, and the Strait of Juan de Fuca), that may 
     occur from the transport of Canadian oil sands oil.
       (b) Scope.--The assessment required under subsection (a) 
     shall, at a minimum, consider--
       (1) the extent to which vessel (including barge, tanker, 
     and supertanker) traffic may increase due to Canadian oil 
     sands development;
       (2) whether the transport of oil from Canadian oil sands 
     within the Salish Sea is likely to require navigation through 
     United States territorial waters;
       (3) the rules or regulations that restrict supertanker 
     traffic in United States waters, including an assessment of 
     whether there are methods to bypass those rules or 
     regulations in such waters and adjacent Canadian waters;
       (4) the rules or regulations that restrict the amount of 
     oil transported in tankers or barges in United States waters, 
     including an assessment of whether there are methods to 
     bypass those rules or regulations in such waters and adjacent 
     Canadian waters;
       (5) the spill response capability throughout the shared 
     waters of the United States and Canada, including oil spill 
     response planning requirements for vessels bound for one 
     nation transiting through the waters of the other nation;
       (6) the vessel emergency response towing capability at the 
     entrance to the Strait of Juan de Fuca;
       (7) the agreement between the United States and Canada that 
     outlines requirements for laden tank vessels to be escorted 
     by tug boats;
       (8) whether oil extracted from oil sands has different 
     properties from other types of oil, including toxicity and 
     other properties, that may require different maritime clean 
     up technologies;
       (9) a risk assessment of the increasing supertanker, 
     tanker, and barge traffic associated with Canadian oil sands 
     development or expected to be associated with Canadian oil 
     sands development; and
       (10) the potential costs and benefits to the United States 
     public and the private sector of maritime transportation of 
     oil sands products.
       (c) Consultation Requirement.--In conducting the assessment 
     required under this section, the Commandant shall consult 
     with the State of Washington, affected tribal governments, 
     and industry, including vessel operators, oil sands 
     producers, and spill response experts. The Commandant may 
     consult with the Secretary of State.
       (d) Deadline for Submission.--Not later than 180 days after 
     the date of enactment of this Act, the Commandant shall 
     submit the assessment required under this section to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives.

  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

[[Page 16240]]

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. LARSEN 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 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

[[Page 16241]]

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.
  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 of Washington. 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 of Washington. 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

[[Page 16242]]

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 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.

[[Page 16243]]

  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 Horne'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 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.
  Mr. LoBIONDO. Mr. Speaker, I understand a concern has been raised by 
the gentleman from Alaska, Mr. Young and others that wording in Section 
307 of the Coast Guard and Maritime Transportation Act of 2012 relating 
to a vessel's ``eligibility'' to participate in the non-AFA trawl 
catcher/processor sector could potentially be read to result in the 
loss of fishery endorsements for AFA catcher/processors. I can affirm 
that it is not the intent of the legislation that either existing AFA 
vessels or rebuilt or replacement AFA vessels suffer a loss of fishery 
endorsements merely for being considered eligible to participate in a 
fishery in which they are not participating.
  As my colleagues know, this provision came as the result of a request 
from the other body during negotiations with them on a final text of 
the legislation. I can assure my colleagues that it was never 
contemplated that either existing AFA catcher/processors or rebuilt or 
replacement AFA vessels would lose, or be precluded from acquiring, 
fishery endorsements just because a federal agency might find such 
vessels eligible to participate in certain fisheries. The wording of 
Section 307, that amends 46 U.S.C. section 12113(d)(2)(C), relates to a 
section in statute pertaining to rebuilt or replacement AFA vessels. It 
creates restrictions on those vessels from entering the non-AFA pollock 
catcher/processor sector as replacement vessels, but it is not intended 
to affect the fishery endorsements for existing AFA catcher/processors 
or rebuilt or replacement AFA vessels that are not participating in the 
non-AFA trawl catcher/processor sector.
  Mr. YOUNG of Alaska. Mr. Speaker, I rise in support of the Coast 
Guard and Maritime Transportation Act of 2012. This important bill 
provides the funding and policy support for all of the programs and 
missions of the United States Coast Guard. The bill also includes 
policy and statutory provisions that are important to the entire 
maritime industry. Part of what our U.S. flag vessel industry does is 
assist us in developing our energy resources offshore whether in the 
Arctic or elsewhere. This effort will help us achieve energy 
independence. Without these working boats being able to operate both 
domestically and internationally, we as a nation would be lagging even 
further behind. We need to do what we can to support vessels that can 
and will do this work.
  One such provision in this Coast Guard bill addresses the tonnage 
situation of the vessel Aqueos Acadian. The world of tonnage 
measurement is an arcane and complicated subject. However, it is vital 
to the operation and economics of any vessel. In this case the Aqueos 
Acadian, in its original configuration in 1973 when she was built, was 
certified in Coast Guard documentation to be 274 Gross Registered Tons 
(GRT), which is the official domestic tonnage measurement. Later in her 
career, the vessel underwent modifications (addition of a closed-in 
``shelter deck''), which increased her domestic tonnage (GRT) as well 
as her international tonnage, which is measured differently than 
domestic tonnage under the International Tonnage Convention (ITC) 
rules. Later still in the vessel's history, the modifications that 
increased the tonnage measurements were removed and the vessel's 
official documents were then issued by the Coast Guard and ABS to 
reflect that the GRT had been reduced to 275, almost exactly the 
original GRT of 274. Vessels that are greater

[[Page 16244]]

than 300 GRT have safety and manning requirements that are 
substantially more complicated than vessels at or below 300 GRT. At the 
time of the certification of the down-sizing modifications reducing the 
GRT, the ITC tonnage was not reduced because the Coast Guard's ability 
to administratively reduce international tonnage, once it has gone up, 
is either extremely arcane or non-existent--even if the vessel's 
domestic and international tonnage has in fact been reduced.
  Aqeuos Corporation purchased the vessel for offshore work and, as 
stated above, its official documents reflected that the GRT had been 
reduced to below 300 GRT. Relying on those Coast Guard and ABS issued 
documents, the company sought Coast Guard administrative help to reduce 
the ITC tonnage commensurate with the recognition that the GRT had been 
reduced (prior enlarging modifications removed). In the Coast Guard 
Authorization bill (H.R. 2838) just enacted this week, there is 
language that allows the company to keep operating the vessel under its 
current documentation (below 300 GRT) and allows time to complete the 
tonnage reducing modifications that were not done by the previous 
owners of the vessel but which the Coast Guard has said must be done. 
Unfortunately the ITC tonnage reduction remains incomplete. The 
provision does not restore the vessel's ITC tonnage to that of the GRT, 
once the tonnage reducing modification is made in dry dock. This second 
step would afford to the vessel the same result that other vessels in 
the Aqueos Acadian's class have, which, through a previous legislative 
grandfather provision, allows those vessels' GRT and ITC tonnage to be 
the same. This second step would not give the vessel a competitive 
advantage relative to other vessels in the Acadian's class, rather 
without it the company is at a competitive disadvantage with those 
other vessels in its class. As time goes by the vessel is losing out on 
potentially millions of dollars of domestic and international work.
  It may be that the ITC provides for recognition of the lower tonnage 
administratively, but the path is not clear whether such an 
administrative route exists. Again in the case of this vessel, it is 
essentially being restored to its original tonnage at the time it was 
built in 1973. I understand the concern addressed by the ITC of vessels 
substantially changing their size. A larger vessel should be regulated 
at a larger tonnage. However, I have not been made aware of any vessel 
that fits this fact pattern of being enlarged and then substantially 
altered to be restored to its original tonnage. Unfortunately, the way 
that the ITC addresses this situation is to forever assign a vessel a 
higher tonnage even if it in fact has been reduced. That is simply 
unfair. Other vessels of the same class which did not undergo the 
enlargement are now enjoying a lower ITC tonnage. The equities are that 
this vessel should be similarly recognized once restored. This is an 
equitable case for assigning it the ITC tonnage as though it had not 
undergone the earlier enlargement.
  While there may be a way to do this administratively, that process 
has not been made clear and seems to be a maze of arcane International 
Maritime Organization procedures. Thus, the case for correcting the 
international tonnage for this vessel is a compelling one based on a 
unique situation. The recognition of such a unique case as this would 
not undermine the U.S. credibility or the ITC itself, or cause any 
backlash in the international community. This vessel should not be 
force fit into a regime that does not recognize its circumstance. We 
need vessels such as the Aqueos Acadian to develop offshore energy 
resources as soon as possible. This provision gets part of the job done 
and in time perhaps an additional measure is needed. In the meantime, I 
strongly urge the Coast Guard to develop an administrative solution and 
I ask the Coast Guard to consider all of the factors mentioned above.
  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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