[House Report 112-229]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-229

======================================================================



 
          COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2011

                                _______
                                

October 3, 2011.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Mica, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2838]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 2838) to authorize appropriations 
for the Coast Guard for fiscal years 2012 through 2015, and for 
other purposes, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.

                           TABLE OF CONTENTS

                                                                   Page
Purpose of the Legislation and Summary...........................    15
Background and Need for the Legislation..........................    16
Section-by-Section Analysis of the Legislation...................    18
Legislative History..............................................    24
Committee Votes..................................................    25
Hearings.........................................................    25
Committee Oversight Findings.....................................    25
New Budget Authority and Tax Expenditures........................    25
Congressional Budget Office Cost Estimate........................    26
Performance Goals and Objectives.................................    28
Advisory of Earmarks.............................................    28
Federal Mandates Statement.......................................    28
Preemption Clarification.........................................    29
Advisory Committee Statement.....................................    29
Applicability to the Legislative Branch..........................    29
Changes in Existing Law Made by the Bill, as Reported............    29
Exchange of Letters..............................................    56
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  (a) Short Title.--This Act may be cited as the ``Coast Guard and 
Maritime Transportation Act of 2011''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.

                         TITLE I--AUTHORIZATION

Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.

             TITLE II--COAST GUARD AND SERVICEMEMBER PARITY

Sec. 201. Academy emoluments.
Sec. 202. Policy on sexual harassment and sexual violence.
Sec. 203. Appointments of permanent commissioned officers.
Sec. 204. Minor construction.
Sec. 205. Treatment of reports of aircraft accident investigations.
Sec. 206. Acquisition workforce expedited hiring authority.
Sec. 207. Coast Guard housing report.

                     TITLE III--COAST GUARD REFORM

Sec. 301. Repeals.
Sec. 302. Interference with Coast Guard transmissions.
Sec. 303. National security cutters.
Sec. 304. Major acquisitions report.
Sec. 305. Environmental compliance and restoration backlog.
Sec. 306. Coast Guard auxiliarist enrollment eligibility.
Sec. 307. Decommissionings.
Sec. 308. Assessment of needs for additional coast guard presence in 
high latitude regions.
Sec. 309. Limitation on expenditures.
Sec. 310. Restriction on the use of aircraft.

                   TITLE IV--SHIPPING AND NAVIGATION

Sec. 401. Committee on the Marine Transportation System.
Sec. 402. Report on determinations.
Sec. 403. Dockside examinations.
Sec. 404. Recourse for noncitizens.
Sec. 405. Maritime liens on fishing permits.
Sec. 406. Short sea transportation.
Sec. 407. Mission of the Maritime Administration.

                  TITLE V--FEDERAL MARITIME COMMISSION

Sec. 501. Authorization of appropriations.

                        TITLE VI--MISCELLANEOUS

Sec. 601. Technical corrections.
Sec. 602. Report on Coast Guard merchant mariner medical evaluation 
program.
Sec. 603. Notice of arrival.
Sec. 604. Technical corrections to title 14.
Sec. 605. Distant water tuna fleet.
Sec. 606. Waivers.
Sec. 607. Report on options to improve integration of U.S. Coast Guard 
and Canadian Coast Guard Great Lakes icebreaking operational 
information.
Sec. 608. Standby vessels.
Sec. 609. Cap on penalty wages.

                         TITLE I--AUTHORIZATION

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

  Funds are authorized to be appropriated for each of the fiscal years 
2012, 2013, and 2014 for necessary expenses of the Coast Guard as 
follows:
          (1) For the operation and maintenance of the Coast Guard--
                  (A) $6,819,505,000 for fiscal year 2012;
                  (B) $6,922,645,000 for fiscal year 2013; and
                  (C) $7,018,499,000 for fiscal year 2014;
        of which $24,500,000 is authorized for each of the fiscal years 
        2012, 2013, and 2014 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 related equipment 
        thereto--
                  (A) $1,503,980,000 for fiscal year 2012;
                  (B) $1,505,312,000 for fiscal year 2013; and
                  (C) $1,506,549,000 for fiscal year 2014;
        to remain available until expended, of which $20,000,000 for 
        each of the fiscal years 2012, 2013, and 2014 shall be derived 
        from the Oil Spill Liability Trust Fund to carry out the 
        purposes of section 1012(a)(5) of the Oil Pollution Act of 
        1990.
          (3) For the Coast Guard Reserve program, including personnel 
        and training costs, equipment, and services--
                  (A) $136,778,000 for fiscal year 2012;
                  (B) $138,111,000 for fiscal year 2013; and
                  (C) $139,311,000 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 2012;
                  (B) $16,699,000 for fiscal year 2013; and
                  (C) $16,700,000 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 in search and rescue, aids to 
        navigation, marine safety, marine environmental protection, 
        enforcement of laws and treaties, ice operations, oceanographic 
        research, and defense readiness--
                  (A) $19,779,000 for fiscal year 2012;
                  (B) $19,848,000 for fiscal year 2013; and
                  (C) $19,913,000 for fiscal year 2014;
        of which $650,000 for each of the fiscal years 2012, 2013, and 
        2014 shall be derived from the Oil Spill Liability Trust Fund 
        to carry out the purposes of section 1012(a)(5) of the Oil 
        Pollution Act of 1990.

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 the 
fiscal years 2012 through fiscal year 2014.
  (b) Military Training Student Loads.--The Coast Guard is authorized 
average military training student loads for the each of the fiscal 
years 2012 through fiscal year 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 AND SERVICEMEMBER PARITY

SEC. 201. ACADEMY EMOLUMENTS.

  Section 195 of title 14, United States Code, is amended--
          (1) in subsection (c)--
                  (A) in the first sentence--
                          (i) by striking ``person'' and inserting 
                        ``foreign national''; and
                          (ii) by striking ``pay and allowances,'' and 
                        inserting ``pay, allowances, and emoluments,''; 
                        and
                  (B) in the second sentence--
                          (i) by striking ``A person'' and inserting 
                        ``A foreign national''; and
                          (ii) by striking ``pay and allowances,'' and 
                        inserting ``pay, allowances, and emoluments,''; 
                        and
          (2) in subsection (d), by striking ``A person'' and inserting 
        ``A foreign national''.

SEC. 202. POLICY ON SEXUAL HARASSMENT AND SEXUAL VIOLENCE.

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

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

  ``(a) Required Policy.--The Commandant shall direct the 
Superintendent of the Coast Guard Academy to prescribe a policy on 
sexual harassment and sexual violence applicable to the cadets and 
other personnel of the Coast Guard Academy.
  ``(b) Matters To Be Specified in Policy.--The policy on sexual 
harassment and sexual violence prescribed under this section shall 
include specification of the following:
          ``(1) Programs to promote awareness of the incidence of rape, 
        acquaintance rape, and other sexual offenses of a criminal 
        nature that involve cadets or other Academy personnel.
          ``(2) Procedures that a cadet should follow in the case of an 
        occurrence of sexual harassment or sexual violence, including--
                  ``(A) if the cadet 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 the options for confidential 
                reporting;
                  ``(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.
          ``(3) Procedures for disciplinary action in cases of alleged 
        criminal sexual assault involving a cadet or other Academy 
        personnel.
          ``(4) Any other sanction authorized to be imposed in a 
        substantiated case of sexual harassment or sexual violence 
        involving a cadet or other Academy personnel in rape, 
        acquaintance rape, or any other criminal sexual offense, 
        whether forcible or nonforcible.
          ``(5) Required training on the policy for all cadets and 
        other Academy personnel, including the specific training 
        required for personnel who process allegations of sexual 
        harassment or sexual violence involving Academy personnel.
  ``(c) Annual Assessment.--
          ``(1) The Commandant shall direct the Superintendent of the 
        Academy to conduct at the Academy during each Academy program 
        year an assessment to determine the effectiveness of the 
        policies, training, and procedures of the Academy with respect 
        to sexual harassment and sexual violence involving Academy 
        personnel.
          ``(2) 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 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 officials 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 officials of the 
                        Academy; and
                  ``(B) to assess the perceptions of Academy personnel 
                of--
                          ``(i) the policies, training, and procedures 
                        on sexual harassment and sexual violence 
                        involving Academy personnel;
                          ``(ii) the enforcement of such policies;
                          ``(iii) the incidence of sexual harassment 
                        and sexual violence involving Academy 
                        personnel; and
                          ``(iv) any other issues relating to sexual 
                        harassment and sexual violence involving 
                        Academy personnel.
  ``(d) Annual Report.--
          ``(1) The Commandant shall direct the Superintendent of the 
        Academy to submit to the Commandant a report on sexual 
        harassment and sexual violence involving cadets or other 
        personnel at the Academy for each Academy program year.
          ``(2) 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 program year and, of those reported cases, 
                the number that have been substantiated.
                  ``(B) The policies, procedures, and processes 
                implemented by the Commandant and the leadership of the 
                Academy in response to sexual harassment and sexual 
                violence involving cadets or other Academy personnel 
                during the program year.
                  ``(C) 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) 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 program year under 
        subsection (c)(2).
          ``(4)(A) The Commandant shall transmit to the Board of 
        Visitors of the Academy each report received by the Commandant 
        under this subsection, together with the Commandant's comments 
        on the report.
          ``(B) The Commandant shall transmit each such report, 
        together with the Commandant's comments on the report, to the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives.''.
  (b) Conforming Repeal.--Section 217 of the Coast Guard Authorization 
Act of 2010 (14 U.S.C. 93 note), and the item relating to such section 
in the table of contents in section 1(b) of such Act, are repealed.
  (c) Technical and Clerical Amendments.--The analysis at the beginning 
of such chapter is amended by adding at the end the following:

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

SEC. 203. 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. 204. 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) Subject to the reporting requirements set forth in 
        paragraph (2), the Secretary may expend not more than 
        $1,500,000 from amounts available for the operating expenses of 
        the Coast Guard for minor construction and improvement projects 
        at any one location.
          ``(2) No 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 Amendment.--
          (1) Section 656 of title 14, United States Code, is further 
        amended in the heading by adding at the end the following: ``; 
        use of moneys appropriated for operating expenses for minor 
        construction and improvement''.
          (2) The analysis at the beginning of chapter 17 of such title 
        is amended in the item relating to section 656 by striking 
        ``waters.'' and inserting ``waters; use of moneys appropriated 
        for operating expenses for minor construction and 
        improvement.''.

SEC. 205. TREATMENT OF REPORTS OF 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. Treatment of reports of aircraft accident investigations

  ``(a) In General.--Whenever the Commandant 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) 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) The Commandant shall not disclose the information 
        requested in paragraph (1) unless the Commandant determines--
                  ``(A) that such tapes, reports, or other information 
                would be included within and releasable with the final 
                accident investigation report; and
                  ``(B) that release of such tapes, reports, or other 
                information--
                          ``(i) would not undermine the ability of 
                        accident or safety investigators to continue to 
                        conduct the investigation; and
                          ``(ii) would not compromise national 
                        security.
          ``(3) 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 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) Regulations.--The Commandant shall prescribe regulations to 
carry out this section.
  ``(f) 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 at the beginning of such 
chapter is amended by adding at the end the following:

``678. Treatment of reports of aircraft accident investigations.''.

SEC. 206. 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;''; and
          (2) in subsection (b)--
                  (A) by striking ``paragraph'' and inserting 
                ``section''; and
                  (B) by striking ``2012.'' and inserting ``2015.''.

SEC. 207. COAST GUARD HOUSING REPORT.

  In conjunction with the transmittal by the President of the budget of 
the United States for fiscal year 2013, 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 report on the status 
of Coast Guard servicemember housing, including--
          (1) a statement of the Coast Guard's housing needs 
        requirements;
          (2) an assessment of the condition of the Coast Guard's 
        current housing inventory, including both leased and owned 
        property;
          (3) an assessment of housing available for Coast Guard use 
        from surrounding communities and other government agencies for 
        all duty stations;
          (4) a list of housing capacity shortfalls and excess; and
          (5) a revised prioritized list of housing maintenance and 
        recapitalization projects.

                     TITLE III--COAST GUARD REFORM

SEC. 301. REPEALS.

  (a) District Ombudsman.--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) FAA Air Aids to 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.
  (g) Acquisition Awards.--Section 563 of title 14, United States Code, 
and the item relating to such section in the analysis for chapter 15 of 
such title, are repealed.

SEC. 302. INTERFERENCE WITH COAST GUARD TRANSMISSIONS.

  Section 88 of title 14, United States Code, is amended by adding the 
following:
  ``(e) An individual who knowingly and willfully operates a device 
that interferes 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 civil penalty of not more than $1,000 per 
        day for each violation.''.

SEC. 303. NATIONAL SECURITY CUTTERS.

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

``Sec. 569a. National security cutters

  ``(a) Sixth National Security Cutter.--The Commandant may not begin 
production of a sixth national security cutter on any date before which 
the Commandant--
          ``(1) has acquired a sufficient number of Long Range 
        Interceptor II and Cutter Boat Over the Horizon IV small boats 
        for each of the first three national security cutters and has 
        submitted to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a plan to provide such boats upon the date of 
        delivery of each subsequent national security cutter;
          ``(2) has achieved the goal of 225 days away from homeport 
        for each of the first two national security cutters; and
          ``(3) has submitted to the Committee on Commerce, Science, 
        and Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a program execution plan detailing increased 
        aerial coverage to support national security cutter operations.
  ``(b) Seventh National Security Cutter.--The Commandant may not begin 
production of a seventh national security cutter on any date before 
which the Commandant has selected an offshore patrol cutter that meets 
at least the minimum operational requirements set out in the 
Operational Requirements Document approved by the department in which 
the Coast Guard is operating on October 20, 2010.''.
  (b) Clerical Amendment.--The analysis at the beginning of such 
chapter is amended by adding at the end of the items relating to such 
subchapter the following:

``569a. National security cutters.''.

SEC. 304. MAJOR ACQUISITIONS REPORT.

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

``Sec. 569b. Major acquisitions report

  ``(a) Major Acquisition Programs Implementation Report.--In 
conjunction with the transmittal by the President of the budget of the 
United States for fiscal year 2013 and every two fiscal years 
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.--The report shall include for each 
major acquisition program--
          ``(1) a statement of Coast Guard's mission needs and 
        performance goals for such program, including a justification 
        for any change to those needs and goals from any report 
        previously submitted under this subsection;
          ``(2) a justification for how the projected number and 
        capabilities of each planned acquisition program asset meets 
        those mission needs and performance goals;
          ``(3) an identification of any and all mission hour gaps, 
        accompanied by an explanation on how and when the Coast Guard 
        will close those gaps;
          ``(4) an identification of any changes to such program, 
        including--
                  ``(A) any changes to the timeline for the acquisition 
                of each new asset and the phase out of legacy assets; 
                and
                  ``(B) any changes to the costs of new assets and 
                legacy assets for that fiscal year, future fiscal 
                years, or the total acquisition cost;
          ``(5) a justification for 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 that 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 
        lifecycle cost of each legacy asset that also identifies any 
        anticipated resource gaps;
          ``(9) a detailed explanation of how the costs of the legacy 
        assets are being accounted for within such program;
          ``(10) an annual performance comparison of new assets to 
        legacy assets; and
          ``(11) an identification of the scope of the anticipated 
        acquisitions workload for the next fiscal year; the number of 
        officers, members, and employees of the Coast Guard currently 
        assigned to positions in the acquisition workforce; and a 
        determination on the adequacy of the current acquisition 
        workforce to meet that anticipated workload, including the 
        specific positions that are or will be understaffed, and 
        actions that will be taken to correct such understaffing.
  ``(c) 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 they have not been maintained in class.
  ``(d) Definition.--For the purposes of 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 at the beginning of such 
chapter is further amended by adding at the end of the items relating 
to such subchapter the following:

``569b. Major acquisitions report.''.

  (c) Repeal.--
          (1) Section 408 of the Coast Guard and Maritime 
        Transportation Act of 2006 (120 Stat. 537) is amended by 
        striking subsection (a).
          (2) Title 14, United States Code, is amended--
                  (A) in section 562, by striking subsection (e) and 
                redesignating subsections (f) and (g) as subsections 
                (e) and (f), respectively; and
                  (B) in section 573(c)(3), by striking subparagraph 
                (B).

SEC. 305. ENVIRONMENTAL COMPLIANCE AND RESTORATION BACKLOG.

  (a) In General.--Section 693 of title 14, United States Code, is 
amended to read as follows:

``Sec. 693. Annual report 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 
the 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.''.
  (b) Clerical Amendment.--The analysis for chapter 19 of such title is 
amended by striking the item for such section and inserting the 
following:

``693. Annual report to Congress.''.

SEC. 306. COAST GUARD AUXILIARIST ENROLLMENT ELIGIBILITY.

  Section 823 of title 14, United States Code, is amended by striking 
``citizens of the United States and its territories and possessions,'' 
and inserting ``nationals of the United States (as such term is 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 
such term is defined in section 101(a)(20) of such Act (8 U.S.C. 1101 
(a)(20))),''.

SEC. 307. DECOMMISSIONINGS.

  (a) Polar Sea.--Not later than 6 months after the date of enactment 
of this Act, the Commandant of the Coast Guard shall decommission the 
USCGC POLAR SEA (WAGB 11).
  (b) Polar Star.--Not later than 3 years after the date of enactment 
of this Act, the Commandant of the Coast Guard shall decommission the 
USCGC POLAR STAR (WAGB 10).

SEC. 308. ASSESSMENT OF NEEDS FOR ADDITIONAL COAST GUARD PRESENCE IN 
                    HIGH LATITUDE REGIONS.

  Not later than 60 days after the date of enactment of this Act, the 
Secretary of the department in which the Coast Guard is operating shall 
submit a report to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives assessing 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 report--
          (1) an assessment of the high latitude operating capabilities 
        of all current Coast Guard assets other than icebreakers, 
        including assets acquired under the Deepwater program;
          (2) an assessment of projected needs for Coast Guard 
        operations in the high latitude regions; and
          (3) an assessment 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. 309. 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. 310. RESTRICTION ON THE USE OF AIRCRAFT.

  (a) Restriction.--Except as provided in subsection (b), the Secretary 
of the department in which the Coast Guard is operating and the 
Commandant of the Coast Guard may not travel aboard any Coast Guard 
owned or operated fixed-wing aircraft if the Secretary has not provided 
the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate all of the following:
          (1) A cost-constrained Fleet Mix Analysis.
          (2) The notification required under section 219 of the Coast 
        Guard Authorization Act of 2010 (Public Law 111-281; 124 Stat. 
        2918).
  (b) Exception.--The Secretary and the Commandant may travel aboard a 
Coast Guard owned and operated fixed-wing aircraft--
          (1) to respond to a major disaster or emergency declared 
        under section 401 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5170);
          (2) to respond to a discharge classified as a spill of 
        national significance under part 300.323 of title 40, Code of 
        Federal Regulations; or
          (3) for evacuation purposes including for a medical 
        emergency.

                   TITLE IV--SHIPPING AND NAVIGATION

SEC. 401. 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. Committee on the Marine Transportation System

  ``(a) Establishment.--There is established a Committee on the Marine 
Transportation System (in this section referred to as the `Committee').
  ``(b) Purpose.--The Committee shall--
          ``(1) assess the adequacy of the marine transportation system 
        (including ports, waterways, channels, and their intermodal 
        connections);
          ``(2) develop and implement policies to promote an efficient 
        marine transportation system; and
          ``(3) coordinate policies among Federal agencies to promote 
        an efficient marine transportation system.
  ``(c) Membership.--
          ``(1) In general.--The Committee shall consist of the 
        Secretary of Transportation, the Secretary of Defense, the 
        Secretary of Homeland Security, the Secretary of Commerce, the 
        Secretary of the Treasury, the Secretary of State, the 
        Secretary of the Interior, the Secretary of Agriculture, the 
        Attorney General, the Secretary of Labor, the Secretary of 
        Energy, the Administrator of the Environmental Protection 
        Agency, the Chairman of the Federal Maritime Commission, and 
        the head of any other Federal agency that the Committee Chair, 
        with the approval of a majority of the voting members of the 
        Committee, determines can further the purpose and activities of 
        the Committee.
          ``(2) Ex-officio members.--The Committee may also consist of 
        so many nonvoting members as the Committee Chair, with the 
        approval of a majority of the voting members of the Committee, 
        determines is appropriate to further the purpose and activities 
        of the Committee.
          ``(3) Chairman.--The Chair of the Committee 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 with the 
        approval of a majority of the voting members of the Committee.
  ``(d) Support.--
          ``(1) Coordinating board.--Each member of the Committee may 
        select a senior level representative to serve on a coordinating 
        board which shall assist the Committee in carrying out its 
        purpose and activities.
          ``(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 select 
        an executive director to assist the Committee in carrying out 
        its purpose and activities.
  ``(e) Marine Transportation System Assessment and Strategy.--Not 
later than one year after the date of enactment of this Act and every 5 
years thereafter, the Committee shall provide a report to Congress 
which includes--
          ``(1) steps taken to implement actions recommended in the 
        July 2008 `National Strategy for the Marine Transportation 
        System: A Framework for Action';
          ``(2) an assessment of the condition of the marine 
        transportation system;
          ``(3) a discussion of the challenges the system faces in 
        meeting user 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 the Marine Transportation System National 
Advisory Council, interested parties, and the public.''.
  (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
55501 the following:

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

SEC. 402. REPORT ON DETERMINATIONS.

  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 
provide 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--
          (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 the transparency in the 
        Coast Guard's foreign rebuild determination process.

SEC. 403. DOCKSIDE EXAMINATIONS.

  (a) In General.--Section 4502(f) of title 46, United states Code, is 
amended--
          (1) in paragraph (2) by striking ``at least once every 2 
        years'' and inserting ``at least once every 5 years'';
          (2) by striking ``and'' after the semicolon at the end of 
        paragraph (1);
          (3) by striking the period at the end of paragraph (2) and 
        inserting ``; and''; and
          (4) by adding at the end the following:
          ``(3) shall complete the first examination of a dockside 
        vessel under this section no 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''.

SEC. 404. RECOURSE FOR NONCITIZENS.

  Section 30104 of title 46, United States Code, is amended--
          (1) by inserting ``(a) In General.--'' before the first 
        sentence; and
          (2) by adding at the end the following new subsection:
  ``(b) Recourse for Nonresident Alien Seamen Employed on Foreign 
Passenger Vessels.--A claim for damages or expenses relating to 
personal injury, illness, or death of a seaman who is a citizen of a 
foreign nation, arising during or from the engagement of the seaman by 
or for a passenger vessel duly registered under the laws of a foreign 
nation, may not be brought under the laws of the United States if--
          ``(1) such seaman was not a permanent resident alien of the 
        United States at the time the claim arose;
          ``(2) the injury, illness, or death arose outside the 
        territorial waters of the United States; and
          ``(3) the seaman or the seaman's personal representative has 
        or had a right to seek compensation for the injury, illness, or 
        death in, or under the laws of--
                  ``(A) the nation in which the vessel was registered 
                at the time the claim arose; or
                  ``(B) the nation in which the seaman maintained 
                citizenship or residency at the time the claim 
                arose.''.

SEC. 405. MARITIME LIENS ON FISHING PERMITS.

  (a) In General.--Subchapter I of chapter 313 of title 46, United 
States Code, is amended by adding at the end the following:

``Sec. 31310. Limitation on maritime liens on fishing permit and permit 
                    description

  ``(a) In General.--This chapter--
          ``(1) does not establish a maritime lien on a permit that--
                  ``(A) authorizes a person or use of a vessel to 
                engage in fishing; and
                  ``(B) is issued under State or Federal law; and
          ``(2) does not authorize any civil action to enforce a 
        maritime lien on such a permit.
  ``(b) Fishing Permit Described.--A fishing permit--
          ``(1) is governed solely by the State or Federal law under 
        which it was issued; and
          ``(2) is not included in the whole of a vessel or as an 
        appurtenance or intangible of a vessel for any purpose.
  ``(c) Limitation on Statutory Construction.--Nothing in subsections 
(a) and (b) shall be construed as imposing any limitation upon the 
authority of the Secretary of Commerce to modify, suspend, revoke, or 
sanction any Federal fishery permit issued by the Secretary of Commerce 
or to bring a civil action to enforce such modification, suspension, 
revocation, or sanction.''.
  (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
31309 the following:

``31310. Limitation on maritime liens on fishing permit and permit 
description.''.

SEC. 406. SHORT SEA TRANSPORTATION.

  (a) Purpose of Program and Projects; Reauthorization; Termination.--
Section 55601 of title 46, United States Code, is amended--
          (1) in subsection (a), by striking ``landside congestion.'' 
        and inserting ``landside congestion and to promote increased 
        use of the navigable waters of the United States for 
        transportation of passengers or freight (or both).'';
          (2) in subsection (c), by inserting ``and to promote 
        waterborne transportation between ports within the United 
        States'' after ``coastal corridors'';
          (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 waterborne transportation between ports of the 
        United States.'';
          (4) by striking subsection (f) and redesignating subsection 
        (g) as subsection (f);
          (5) in subsection (f), as so redesignated, by adding at the 
        end the following--
          ``(4) Authorization of appropriations.--There is authorized 
        to be appropriated not more than $5,000,000 for each of the 
        fiscal years 2012 through fiscal year 2017 for grants under 
        this subsection.''; and
          (6) by adding at the end the following:
  ``(g) Termination of Authority.--Authority granted to the Secretary 
under this section shall terminate September 30, 2017.''.
  (b) Short Sea Transportation Definition.--Section 55605 of title 46, 
United States Code, is amended by striking ``means the carriage by 
vessel of cargo--'' and inserting ``means the carriage of passengers or 
freight (or both) by a vessel documented under the laws of the United 
States--''.

SEC. 407. 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 inserting at the end the following: ``The mission of 
        the Maritime Administration is to foster, promote, and develop 
        the domestic merchant maritime industry of the United 
        States.''.

                  TITLE V--FEDERAL MARITIME COMMISSION

SEC. 501. AUTHORIZATION OF APPROPRIATIONS.

  Section 501 of the Coast Guard and Maritime Transportation Act of 
2004 (Public Law 108-293; 118 Stat. 1049) is amended by striking 
``Commission--'' and all that follows through the period at the end of 
the section and inserting ``Commission for each of the fiscal years 
2012 through 2015, $22,100,000.''.

                        TITLE VI--MISCELLANEOUS

SEC. 601. TECHNICAL CORRECTIONS.

  (a) Title 14.--Title 14, United States Code, is amended--
          (1) in section 564, by striking subsection (d); and
          (2) in section 569(a), by striking ``and annually 
        thereafter,''.
  (b) Study of Bridges.--Section 905 of the Coast Guard Authorization 
Act of 2010 (Public Law 111-281; 124 Stat. 3012) 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, for which a permit under 
the Act of March 23, 1906 (chapter 1130; 33 U.S.C. 491 et seq.), 
popularly known as the Bridge Act of 1906, was requested on or after 
January 1, 2006 and on or before August 3, 2011.''.

SEC. 602. REPORT ON COAST GUARD 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 a report on the Coast Guard National 
Maritime Center's merchant mariner medical evaluation program and 
alternatives to the program.
  (b) Contents.--The report 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 to make 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 enter into force on 
        January 1, 2012, will require changes to the Coast Guard's 
        merchant mariner medical evaluation program.

SEC. 603. NOTICE OF ARRIVAL.

  The regulations required under section 109(a) of Public Law 109-347 
(33 U.S.C. 1223 note) on notice of arrival 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 such vessel 
arrives from a foreign port or place.

SEC. 604. TECHNICAL CORRECTIONS TO TITLE 14.

  Chapter 1 of title 14, United States Code, is amended 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 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, ice-breaking 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) The Coast Guard shall be a service in the Department of 
Homeland Security, except when operating as a service in the Navy.
  ``(b) 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) 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.''.

SEC. 605. DISTANT WATER TUNA FLEET.

  Section 421(d) of the Coast Guard and Maritime Transportation Act of 
2006 (Public Law 109-241; 120 Stat. 548) is amended 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 2011''.

SEC. 606. WAIVERS.

  (a) In General.--Notwithstanding sections 12112 and 12132 and chapter 
551 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 coastwise endorsement for each of the following 
vessels:
          (1) M/V GEYSIR (United States official number 622178).
          (2) MACY-RENEE (United States official number 1107319)
          (3) OCEAN VERITAS (IMO number 7366805).
          (4) LUNA (United States official number 280133).
          (5) IL MORO DI VENEZIA IV (United States official number 
        1028654)
  (b) Documentation of LNG Tankers.--
          (1) In general.--Notwithstanding sections 12112 and 12132 and 
        chapter 551 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 coastwise endorsement for 
        each of the following vessels:
                  (A) LNG GEMINI (United States official number 
                595752).
                  (B) LNG LEO (United States official number 595753).
                  (C) LNG VIRGO (United States official number 595755).
          (2) Limitation on operation.--Coastwise trade authorized 
        under paragraph (1) shall be limited to carriage of natural 
        gas, as that term is defined in section 3(13) of the Deepwater 
        Port Act of 1974 (33 U.S.C. 1502(13)).
          (3) Termination of effectiveness of endorsements.--The 
        coastwise endorsement issued under paragraph (1) for a vessel 
        shall expire on the date of the sale of the vessel by the owner 
        of the vessel on the date of enactment of this Act to a person 
        who is not related by ownership or control to such owner.
  (c) Operation of a Dry Dock.--A vessel transported in Dry Dock #2 
(State of Alaska registration AIDEA FDD-2) is not merchandise for 
purposes of section 55102 of title 46, United States Code, if, during 
such transportation, Dry Dock #2 remains connected by a utility or 
other connecting line to pierside moorage.

SEC. 607. REPORT ON OPTIONS TO IMPROVE INTEGRATION OF U.S. COAST GUARD 
                    AND CANADIAN COAST GUARD GREAT LAKES ICEBREAKING 
                    OPERATIONAL INFORMATION.

  Within 180 days after the date of enactment of this Act, the 
Commandant of the Coast Guard shall report to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives on 
options to improve the integration of the Great Lakes icebreaking 
operational information of the United States Coast Guard and Canadian 
Coast Guard to improve the safety, economic security, and efficiency of 
Great Lakes icebreaking activities of both services.

SEC. 608. STANDBY VESSELS.

  (a) In General.--Subtitle VIII of title 46, United States Code, is 
amended by adding at the end thereof the following new chapter:

                     ``CHAPTER 807--STANDBY VESSELS

``Sec.
``80701. Standby vessels.

``Sec. 80701. Standby vessels

  ``(a) In General.--The owner or operator of a manned facility, 
installation, unit, or vessel shall locate a standby vessel--
          ``(1) not more than 3 nautical miles from such manned 
        facility, installation, unit, or vessel while it is performing 
        drilling, plugging, abandoning, or workover operations; and
          ``(2) not more than 12 nautical miles from such manned 
        facility, installation, unit, or vessel while it is performing 
        operations other than drilling, plugging, abandoning, or 
        workover operations.
  ``(b) Improved Standby Vessel Response Time.--
          ``(1) In general.--A Coast Guard District Commander may 
        reduce the distances prescribed in subsection (a) for the area 
        of command of the District Commander if the District Commander 
        determines the reduction is necessary to address delays in 
        standby vessel response times caused by inclement weather, high 
        seas, or other conditions that prolong standby vessel response 
        time or lessen the time survivors of an accident can remain in 
        the water.
          ``(2) Approximation of normal response time.--Any reduction 
        under paragraph (1) shall be made to a distance that, in 
        weather conditions necessitating the reduction, ensures that a 
        standby vessel's response time approximates that of a standby 
        vessel covering the distance prescribed in subsection (a) 
        during normal weather conditions.
          ``(3) Prevention of hypothermia.--Any reduction under 
        paragraph (1) made due to water temperature or other factors 
        that reduce the time survivors of an accident can remain in the 
        water shall be made to a distance at which a standby vessel can 
        be assumed to reach the survivor before the onset of 
        hypothermia.
          ``(4) Notice to owners and operators.--Before exercising the 
        authority in paragraph (1), a District Commander shall provide 
        72 hours notice to the owners and operators of standby vessels 
        and owners and operators of manned facilities, installations, 
        units, and vessels operating in the District Commander's area 
        of command.
  ``(c) Multiple Platforms and Uses.--Nothing in this section shall be 
construed to prohibit--
          ``(1) use of one standby vessel for more than one manned 
        facility, installation, unit, or vessel; or
          ``(2) use of a standby vessel for other purposes.''.
  (b) Clerical Amendment.--The table of chapters at the beginning of 
such subtitle is amended by adding at the end the following:

``807. Standby vessels......................................   80701''.

  (c) Effective Date.--The amendments made by this section shall take 
effect one year after the date of enactment of this Act.
  (d) Regulations.--
          (1)  In general.--The Secretary of the department in which 
        the Coast Guard is operating may promulgate regulations to 
        implement the amendments made by this section.
          (2) Existing regulations.--Until such time as the Secretary 
        promulgates regulations to implement the amendments made by 
        this section, the requirements of subpart E of part 143 of 
        title 33, Code of Federal Regulations, as in effect on the date 
        of enactment of this Act, including the requirements that must 
        be met by a standby vessel, shall apply to standby vessels 
        required under the amendments.

SEC. 609. CAP ON PENALTY WAGES.

  (a) Foreign and Intercoastal Voyages.--Section 10313(g) of title 46, 
United States Code, is amended--
          (1) in paragraph (2)--
                  (A) by striking ``all claims in a class action suit 
                by seamen'' and inserting ``each claim by a seaman''; 
                and
                  (B) by striking ``the seamen'' and inserting ``the 
                seaman''; and
          (2) in paragraph (3), by striking ``class action''.
  (b) Coastwise Voyages.--Section 10504(c) of such title is amended--
          (1) in paragraph (2)--
                  (A) by striking ``all claims in a class action suit 
                by seamen'' and inserting ``each claim by a seaman''; 
                and
                  (B) by striking ``the seamen'' and inserting ``the 
                seaman''; and
          (2) in paragraph (3), by striking ``class action''.

                 Purpose of the Legislation and Summary

    H.R. 2838, the Coast Guard and Maritime Transportation Act 
of 2011, authorizes $8.4 billion in funding for the Coast Guard 
in fiscal year 2012, $8.6 billion in fiscal year 2013, and $8.7 
billion in fiscal year 2014. The bill authorizes the end-of-
year strength for military personnel at 47,000 for each of the 
fiscal years 2012 through 2014. The bill also authorizes $22 
million for the Federal Maritime Commission in each of the 
fiscal years 2012 through 2015. Finally, the bill makes changes 
to current law affecting marine safety, marine transportation 
system, and the authorities of the Coast Guard.

                  Background and Need for Legislation

    The United States Coast Guard was established on January 
28, 1915, through the consolidation of the Revenue Cutter 
Service (established in 1790) and the Lifesaving Service 
(established in 1848). The Coast Guard later assumed the duties 
of three other agencies: the Lighthouse Service (established 
1789), the Steamboat Inspection Service (established in 1838), 
and the Bureau of Navigation (established in 1884).
    Under section 2 of title 14, United States Code, the Coast 
Guard has primary responsibility to enforce or assist in the 
enforcement of all applicable Federal laws in, under, and over 
the high seas and waters subject to the jurisdiction of the 
United States; to ensure safety of life and property at sea; to 
protect the marine environment; to carry out domestic and 
international icebreaking activities; and to ensure the safety 
and security of vessels, ports, waterways, and related 
facilities.
    As one of the five armed services that comprise the armed 
forces, the Coast Guard also maintains defense readiness to 
operate as a specialized service in the Navy upon the 
declaration of war or when the President directs. The Coast 
Guard is composed of approximately 42,000 military personnel, 
8,100 reservists, 6,700 civilian employees, and 36,000 
volunteers of the Coast Guard Auxiliary. The Coast Guard or it 
predecessors have defended the Nation in every war since 1790.

Major acquisitions

    The Coast Guard is undertaking a 20- to 25-year program to 
recapitalize most of its aging vessels and aircraft, as well as 
its outdated command, control, communications, computer, 
intelligence, surveillance and reconnaissance (C4ISR) systems. 
In spite of the series of acquisition reforms undertaken in 
recent years, significant delays, cost overruns and capability 
gaps remain in the development and implementation of the 
recapitalization program.
    According to the Government Accountability Office (GAO), 
the current total acquisition costs for the Coast Guard's 17 
major acquisitions are expected to exceed $28 billion, nearly 
$4 billion over the $24.2 billion 2007 baseline. This does not 
include an updated estimate for the Offshore Patrol Cutter, the 
largest remaining acquisition program without an approved 
baseline. Of 12 major acquisitions with approved baselines, 10 
were behind schedule, some by several years. The 
recapitalization program is currently expected to end in early 
2030's. Rising prices and schedule delays can be attributed to 
several factors:
     Funding--Inconsistent and insufficient annual 
funding for the Service's capital acquisitions especially in 
the early years of the Deepwater program delayed the 
development of certain assets.
     Asset Development Failures--The Service spent 
hundreds of millions to develop assets that failed in their 
design phase or in operational testing.
     Ongoing Capability Rebaselining--In 2004, the 
Service began a complete rebaselining of the number and types 
of assets to accommodate additional capabilities needed to meet 
post-September 11 mission requirements. Although the rebaseline 
was approved by DHS in 2007, the Service continues to rewrite 
capability requirements for certain assets under development 
such as the Offshore Patrol Cutter (OPC) and revise them for 
others currently in production.
     The Service recently completed a revised, cost-
constrained Fleet Mix Analysis which may result in yet another 
rebaselining of capabilities for all the assets in the 
recapitalization program. This document, similar to the 2004 
rebaseline, could significantly increase total acquisition 
costs and further delay the delivery of new assets and 
technology.
     Unrealistic Budget Planning--The Service's Capital 
Investment Plan (CIP) includes estimates of significantly 
higher levels of sustained funding for capital acquisitions 
over the next five years that have been appropriated to the 
Service for capital improvements in recent years. DHS 
acquisition oversight officials informed the Service earlier 
this year that breaches in acquisition schedules are inevitable 
due to future decreases in available resources.
    The Committee is extremely concerned the Service continues 
to be unable to develop and implement a recapitalization 
program with predictable costs. The Committee expects the 
Commandant to provide the cost-constrained Fleet Mix Analysis 
expeditiously.

National Security Cutters

    The Committee is particularly concerned about the inability 
of the Coast Guard to implement portions of the National 
Security Cutter (NSC) acquisition program which will allow the 
NSC to meet the operational parameters on which the purchase of 
these vessels was predicated. The NSC was to operate more 
efficiently and effectively through the use of new 
communications systems and other technologies which would have 
significantly increased its range and capability. In several 
ways, the NSCs delivered to date have not provided the full 
array of anticipated increased capability.
     Vertical take-off Unmanned Aerial Vehicles--The 
NSC was designed and built to carry as many as four vertical 
take-off unmanned aerial vehicles (VUAV). The VUAV's were 
expected to extend the range and effectiveness of the cutter. 
Two NSC's have been delivered to date without VUAVs. The 
Service continues to work with the Navy to develop a VUAV, but 
cannot provide an estimate of when the first NSC will be 
outfitted with a VUAV. No funds are included in the CIP to 
acquire VUAVs over the next five years.
     Cutter Boats--The NSC was built to carry two 
classes of stern launched small boats each with a different 
size and capability to improve the cutter's range and 
effectiveness. The larger of the two boats did not perform as 
required and the smaller boat had to be modified to perform 
correctly. The Service recently solicited industry for a 
solution to replace both classes of small boats. Meanwhile, the 
NSC cannot operate at its full capability without these boats.
     Multi-Crewing--The Coast Guard's plan for meeting 
mission hour baselines for the NSC requires operating the asset 
at least 225 days a year. In order to do so, it proposed a 
multi-crewing strategy whereby four crews would rotate among 
three ships. Although the Coast Guard has taken delivery of two 
NSCs, it still has no plan to begin multi-crewing or otherwise 
achieve the 225 day goal.
    The decision to move forward with the NSC was based on the 
vastly larger area that could be patrolled by the vessel using 
the VUAVs, cutter boats, and additional days at sea. As the DHS 
Inspector General recently found (OIG-09-82), without these 
planned capabilities the NSCs cover little more range than the 
40 year old cutters they replace. The Coast Guard has spent 
over $3 billion on the NSC to date. Given the large percentage 
of the total cost of recapitalization devoted to the NSC and 
the need to increase the Service's mission capabilities, the 
Committee believes it is imperative the NSC meet the stated 
operational parameters.

Parity

    The Coast Guard is one of the Nation's five armed services. 
However, active, reserve and retired members of the Coast Guard 
and their dependents do not always receive the same benefits 
available to members of the other armed services. In addition, 
the Coast Guard lacks many statutory authorities available to 
the other armed services to improve administration and 
operations.
    H.R. 2838 addresses several parity issues. Specifically, 
the bill provides the Coast Guard the authority to pay for 
certain minor construction projects out of operating accounts, 
ensures foreign nationals receiving instruction at the Coast 
Guard Academy reimburse the Service for the cost of their 
healthcare, as well as extends authority for the Service to 
expedite the hiring of critically needed personnel. Each of 
these provisions correspond to existing Department of Defense 
authorities and improve the Coast Guard's ability to 
successfully conduct its vital missions.

Administration reform

    The Coast Guard does an outstanding job for the Nation. 
However, in the current budget environment, the Service's 
authorities must be reviewed to find ways to improve operations 
while reducing costs. Toward that end, H.R. 2838 repeals 
antiquated and inoperable authorities, places spending 
limitations on other authorities, and sets a timeline for 
decommissioning the Service's currently inoperable POLAR class 
icebreakers.

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    ``Coast Guard and Maritime Transportation Act of 2011''.

                         TITLE I--AUTHORIZATION

Sec. 101. Authorization of appropriations

    This section authorizes $8.49 billion in discretionary 
funds for the Coast Guard for fiscal year 2012. Consistent with 
the fiscal year 2012 budget resolution passed by the House of 
Representatives, this section also provides $8.6 billion in 
authorized funding in fiscal year 2013, and $8.7 billion in 
authorized funding in fiscal year 2014. These levels of funding 
support military pay raises for Coast Guard servicemembers at a 
level consistent with servicemembers of the other Armed Forces. 
No funds are authorized for bridge alterations.

                               COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2011
----------------------------------------------------------------------------------------------------------------
                        Program                                FY2012            FY2013*            FY2014**
----------------------------------------------------------------------------------------------------------------
Operating Expenses.....................................     $6,819,505,000     $6,922,645,000     $7,018,498,780
Acquisition, Construction & Improvements...............      1,503,980,000      1,505,312,000      1,506,549,000
Reserve Training.......................................        136,778,000        138,110,990        139,310,681
Environmental Compliance & Restoration.................         16,699,000         16,699,000         16,699,000
Research, Development, Test & Evaluation...............
                                                        --------19,779,000---------19,848,363---------19,913,431
    Total..............................................     $8,496,741,000     $8,602,615,353    $8,700,970,892
----------------------------------------------------------------------------------------------------------------
*Assumes a 3% increase in military pay consistent with FY12 budget resolution.
**Assumes a 2.7% increase in military pay consistent with FY12 budget resolution.

Sec. 102. Authorized levels of military strength and training

    This section authorizes Coast Guard end-of-year strength 
for active duty personnel to be 47,000 for fiscal years 2012 
through 2014. The current authorized end strength for the 
Service is 47,000.

             TITLE II--COAST GUARD AND SERVICEMEMBER PARITY

Sec. 201. Academy emoluments

    This section requires foreign countries that send cadets to 
the Coast Guard Academy for instruction to reimburse the U.S. 
Government for the cost of providing healthcare to those 
cadets.

Sec. 202. Policy on sexual harassment and sexual violence

    This section requires the Coast Guard Academy to institute 
the same sexual harassment policy that exists at the other 
military service academies. It conforms survey and reporting 
requirements to those of the other service academies.

Sec. 203. Appointments of permanent commissioned officers

    This section would clarify a commissioned officer's status 
should the officer return to the Coast Guard following a break 
in service. It preserves the officer's rank as of the 
departure. This is similar to the status afforded returning 
officers in the other armed services.

Sec. 204. Minor construction

    This section authorizes the Coast Guard to expend not more 
than $1,500,000 from amounts available for the operating 
expenses for unspecified minor construction and improvement 
projects at any one location. It also requires the Secretary of 
Homeland Security to report to the Committee on each project 
undertaken during the course of the preceding fiscal year for 
which the amounts expended exceeded $500,000.

Sec. 205. Treatment of reports of aircraft accident investigations

    This section authorizes the Commandant to disclose to the 
public information regarding investigations of Coast Guard 
aircraft accidents, so long as doing so would not undermine the 
ability of accident or safety investigators to continue to 
conduct the investigation and would not compromise national 
security. It also makes conclusions of the investigators 
inadmissible in legal proceedings.

Sec. 206. Acquisition workforce expedited hiring authority

    This section clarifies the Coast Guard's expedited hiring 
authority and extends the authority through fiscal year 2015.

Sec. 207. Coast guard housing report

    This section requires the Commandant to submit a report to 
the Committee on the condition of Coast Guard servicemember 
housing. The Committee remains very concerned with the current 
state of Coast Guard servicemember housing. The Committee has 
heard testimony from the Coast Guard regarding the outdated, 
obsolete, and even dilapidated housing servicemembers and their 
families often must live in.

                     TITLE III--COAST GUARD REFORM

Sec. 301. Repeals

    This section repeals certain outdated and duplicative 
sections of title 14, United State Code.
    Section 55 of title 14, United States Code requires that 
the Commandant of the Coast Guard establish an Ombudsman for 
each Coast Guard District. The ombudsman is responsible for 
coordinating and communicating with marine industry in the 
District.
    Section 82 of title 14, United States Code authorizes 
coordination with the FAA for the maintenance of air aids to 
navigation. The Committee is repealing this provision because 
the Coast Guard no longer maintains air aids to navigation.
    Section 90 of title 14, United States Code authorizes the 
Coast Guard to maintain ocean stations. The Committee is 
repealing this provision because the Service has not maintained 
an ocean station since the 1970's.
    The last two sentences of Section 149(a) of title 14, 
United States Code allow servicemembers assigned to a foreign 
country to be paid twice. This repeal corrects that 
discrepancy.
    Section 193 of title 14, United States Code authorizes an 
advisory committee on the Coast Guard Academy. The Committee is 
repealing this provision because this advisory committee's 
authority to meet expired in 1994.
    Section 198 of title 14, United States Code authorizes the 
Commandant to establish Coast Guard History Fellowships. This 
program has never been funded. The Committee is repealing this 
provision because the Coast Guard has never used this authority 
and has no plan to establish History Fellowships.
    Section 563 of title 14, United States Code makes employees 
of the Service's Acquisition Directorate eligible for 
additional bonuses that other Coast Guard employees and 
servicemembers are not eligible to receive. The Committee is 
repealing this provision to ensure parity among all employees 
at the Coast Guard.

Sec. 302. Interference with Coast Guard transmissions

    This section makes the knowing and willful interference 
with Coast Guard transmissions a class-E felony offense. The 
Coast Guard has testified before the Committee that its ability 
to conduct its vital missions including protecting the safety 
of life at sea is entirely dependent on being able to send and 
receive radio and microwave signals over its network. 
Interference with those signals places lives in danger. As 
nearly all navigation is now electronic, this provision is the 
logical extension of the penalties for offenses related to 
interfering or tampering with Aids to Navigation.

Sec. 303. National security cutters

    This section prohibits the Commandant from going to 
production on a sixth national security cutter on any date 
before which the Commandant has acquired a sufficient number of 
Long Range Interceptor II and Cutter Boat Over the Horizon IV 
small boats for each of the first three national security 
cutters, implemented a system to achieve the goal of 225 days 
away from homeport for two national security cutters, and 
submitted a plan to provide the national security cutters with 
advance aerial surveillance support. Additionally, the 
Commandant may not begin production on the seventh national 
security cutter until the Service has selected an OPC. The OPC 
is intended to replace the Coast Guard's aging fleet of medium 
endurance cutters. The Service is years behind schedule on the 
development of the OPC, and still does not have an approved 
baseline cost estimate in place for the program.

Sec. 304. Major acquisitions report

    This section consolidates several reports on Coast Guard 
acquisitions and expands the reporting requirements beyond the 
former Deepwater Program to encompass all major acquisitions 
projects.

Sec. 305. Environmental compliance and restoration backlog

    This section requires the Coast Guard to submit to the 
Committee a prioritized list of projects eligible for 
environmental compliance and restoration funding in the ensuing 
fiscal year. The Committee remains concerned about the 
Service's growing backlog of environmental restoration 
projects.

Sec. 306. Coast Guard auxiliarist enrollment eligibility

    Currently, legal permanent residents can serve in the Armed 
Forces. This section would expand eligibility for enrollment in 
the Coast Guard Auxiliary to legal permanent residents.

Sec. 307. Decommissionings

    This section requires the Commandant to decommission the 
POLAR SEA within 6 months of the date of enactment of this Act 
and the POLAR STAR within 3 years of the date of enactment of 
this Act. Neither Class I icebreakers is currently operational. 
The POLAR STAR is currently undergoing a sustainment project 
and is scheduled to return to service in fiscal year 2013. The 
Coast Guard estimates the POLAR STAR could be operational 
through fiscal year 2019.

Sec. 308. Assessment of the needs for additional Coast Guard presence 
        in high latitude regions

    This Section requires the Secretary of Homeland Security to 
report to the Committee on the Coast Guard's high latitude 
capabilities. This report must address prevention and response 
capability in the high latitude regions and must touch on all 
Coast Guard mission areas. Additionally, it must provide an 
assessment of the high latitude operating capabilities of all 
current Coast Guard assets other than icebreakers, including 
assets acquired under the Deepwater program; an assessment of 
projected needs for Coast Guard forward operating bases in the 
high latitude regions; and an assessment of shore 
infrastructure, personnel, logistics, communications, and 
resources requirements to support Coast Guard forward operating 
bases in the high latitude regions.

Sec. 309. Limitation on expenditures

    This section limits expenditures on certain Coast Guard 
programs which provide assistance to foreign nations to 
$100,000 annually.

Sec. 310. Restriction on the use of aircraft

    This section prohibits the Secretary of Homeland Security 
and the Commandant from traveling aboard any Coast Guard owned 
or operated fixed wing aircraft until the Secretary provides 
Congress with a cost-constrained Fleet Mix Analysis and the 
notification on the Secretary's determination on the need for a 
backup to GPS as required under section 219 of the Coast Guard 
Authorization Act of 2010 (Public Law 111-281; 124 Stat. 2918). 
The Committee has repeatedly requested these documents. 
Subsequent to Committee action on H.R. 2838 the Secretary 
provided the Section 219 report to the Committee.

                   TITLE IV--SHIPPING AND NAVIGATION

Sec. 401. Committee on the Marine Transportation System

    This section provides a formal authorization to the 
existing interagency Committee on the Marine Transportation 
System. It also requires the Committee to provide Congress with 
a strategy on ways to improve the Marine Transportation System 
every five years.

Sec. 402. Report on determinations

    This section requires the Secretary of Homeland Security to 
report to the Committee on the Coast Guard's foreign rebuild 
determination regulations, the impact of those regulations on 
maritime industries, and recommendations for improving the 
transparency in the Service's foreign rebuild determination 
process.

Sec. 403. Dockside examinations

    This section repeals a provision in current law that has 
yet to be implemented which would require a publicly accessible 
database listing the names of commercial fishermen. It also 
changes the frequency of dockside examinations for commercial 
fishing vessels from two to five years and changes the date 
that the requirement for such examinations enters into force 
from October 15, 2012, to October 15, 2015. The Coast Guard has 
testified before the Committee that it does not have the 
resources to conduct examinations on all 35,000 commercial 
fishing vessels prior to October 15, 2012. The Service has also 
testified that without an examination, these vessels will not 
be permitted to leave the dock.

Sec. 404. Recourse for noncitizens

    This section clarifies that a foreign citizen may file a 
personal injury lawsuit in a U.S. court only if the accident 
occurred in U.S. waters, aboard a U.S. vessel, or the claimant 
is a permanent resident alien and does not have a right to 
bring suit in his country of residence or the flag state of the 
vessel from which the claim arose. The provision does not 
require a trial in, or under the laws of, the Unites States for 
any injury, illness or death to any foreign seaman engaged 
aboard a foreign passenger vessel.

Sec. 405. Maritime liens on fishing permits

    This section clarifies that a fishing permit is not 
appurtenant to a vessel and therefore not subject to a maritime 
lien.

Sec. 406. Short Sea Transportation

    This section makes technical and clarifying changes to 
improve the Short Sea Transportation program administered by 
the Maritime Administration.

Sec. 407. Mission of the Maritime Administration

    This section clarifies that the mission of the Maritime 
Administration shall be to foster, promote, and develop the 
domestic merchant maritime industry of the United States.

                  TITLE V--FEDERAL MARITIME COMMISSION

Sec. 501. Authorization of appropriations

    This section authorizes funding for the Federal Maritime 
Commission at $22,100,000 for each of the fiscal years 2012 
through 2015, the same level appropriated in fiscal year 2008.

                        TITLE VI--MISCELLANEOUS

Sec. 601. Technical corrections

    This section makes technical corrections to Title 14 to 
clarify the prohibition on the phase out for the use of lead 
systems integrators and change the frequency of a report on 
former Coast Guard Officers. Additionally, this section 
clarifies the requirements for a report on construction and 
alteration of bridges over navigable waters.

Sec. 602. Report on Coast Guard merchant mariner medical evaluation 
        program

    This section requires the Commandant to report to the 
Committee on the present merchant mariner medical evaluation 
program and alternatives to the program. The Committee is 
concerned the current program is unduly burdensome on U.S. 
mariners, is not equipped to handle the expected demand of 
moving to a two year licensing regime called for under the 
amendments to the Standards of Training, Certification, and 
Watchkeeping recently adopted by the International Maritime 
Organization, and is not consistent with similar medical review 
programs in other transportation modes.

Sec. 603. Notice of arrival

    This section clarifies that notice of arrival regulations 
promulgated pursuant to the Security and Accountability for 
Every Port Act of 2006 only apply to vessels arriving from a 
foreign port or place.

Sec. 604. Technical correction to title 14

    This section makes technical and clarifying amendments to 
Chapter 1 of title 14, United States Code.

Sec. 605. Distant Water Tuna Fleet

    This section extends the expiration of the current vessel 
manning requirements waiver for the Distant Water Tuna Fleet 
until the expiration of the Treaty on Fisheries Between the 
Governments of Certain Pacific Island States and the Government 
of the United States of America.

Sec. 606. Waivers

    This section allows the issuance of coastwise endorsements 
to eight vessels and clarifies that vessels carried aboard a 
certain movable dry dock do not constitute ``merchandise''.

Sec. 607. Report on options to improve integration of U.S. Coast Guard 
        and Canadian Coast Guard Great Lakes icebreaking operational 
        information

    This section requires the Commandant to report to the 
Committee on options to improve coordination between the United 
States Coast Guard and the Canadian Coast Guard on matters 
pertaining to Great Lakes icebreaking.

Sec. 608. Standby vessels

    This section requires the operators of offshore drilling 
platforms to contract for vessels to be in the area of the 
platform to perform evacuations.

Sec. 609. Cap on penalty wage

    Current law provides that if a shipowner does not pay a 
seaman what the seaman is owed under his employment contract 
without sufficient cause, the shipowner must pay the seaman two 
days' wages for each day he does not pay the seaman the 
contractual amount. In case of a class action suit brought by 
seamen who serve on cruise ships, the total amount of the 
penalty is limited to 10 times the amount of wages owed. 
Section 404 caps the penalty amount at 10 times the amount of 
wages owed for any seaman serving on a cruise ship, regardless 
of whether the relief is sought in a class action.

                          Legislative History

    On September 2, 2011, Subcommittee on Coast Guard and 
Maritime Transportation Chairman Frank A. LoBiondo introduced 
for himself, and Transportation and Infrastructure Committee 
Chairman John L. Mica, H.R. 2838, the Coast Guard and Maritime 
Transportation Act of 2011. On September 8, 2011, the Committee 
on Transportation and Infrastructure met in open session to 
consider H.R. 2838, and ordered the bill, as amended, reported 
favorably to the House of Representatives by voice vote with a 
quorum present. Amendments were offered in Committee by 
Representatives LoBiondo, Cravaack, Cummings, Landry (who 
offered two amendments), Brown, and Larsen. Mr. LoBiondo 
offered a manager's amendment which was adopted by voice vote. 
The amendment made technical changes to the bill, added a 
restriction on the use of aircraft by the Secretary and the 
Commandant, extended the manning exemption for the Distant 
Water Tuna Fleet, and authorized coastwise endorsements for 
certain vessels. The Cravaack amendment, which was adopted by 
voice vote, required the Commandant to provide a report to the 
Committee on ways to improve the integration of ice breaking 
operations between the United States and Canada conducted on 
the Great Lakes. Mr. Cummings offered and withdrew an amendment 
to strike section 301(a) of the bill relating to Coast Guard 
ombudsmen. Mr. Landry offered an amendment which was adopted by 
voice vote to require the operators of offshore drilling 
platforms to contract for vessels to be in the area of the 
platform to perform evacuations. Mr. Landry offered and 
withdrew an amendment to require the Secretary to contract with 
a private entity for the operation of two polar class 
icebreakers. Ms. Brown offered an amendment which was adopted 
by voice vote to cap the penalty on incorrect wages at ten 
times the incorrect wage. Mr. Larsen offered and withdrew an 
amendment to strike section 307 of the bill relating to POLAR 
class icebreakers.

                            Committee Votes

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each record vote on a motion to 
report and on any amendment offered to the measure or matter, 
and the names of those members voting for and against. During 
consideration of H.R. 2838, no recorded votes were taken. The 
bill, as amended, was reported favorably to the House of 
Representatives by voice vote.

                                Hearings

    On March 1, 2011, the Subcommittee on Coast Guard and 
Maritime Transportation held a hearing on the fiscal year 2012 
budget requests for the Coast Guard, the Federal Maritime 
Commission, and the Maritime Administration. On April 13, 2011, 
the Subcommittee held a hearing on ways to improve the Coast 
Guard's acquisition program. On May 24, 2011, the Subcommittee 
held a hearing on ways to reduce the Coast Guard's regulatory 
burden on small business. On June 14, 2011, the Subcommittee 
held a hearing to review the current condition of the marine 
transportation system. On July 26, 2011, the Subcommittee held 
a hearing on ways to improve operations and implement 
efficiencies at the Coast Guard.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee on Transportation and 
Infrastructure's oversight findings and recommendations are 
reflected in this report.

               New Budget Authority and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee adopts as its 
own the estimate of new budget authority, entitlement 
authority, or tax expenditures or revenues contained in the 
cost estimate prepared by the Director of the Congressional 
Budget Office pursuant to section 402 of the Congressional 
Budget Act of 1974, included below.

               Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
402 of the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for H.R. 2838 from the 
Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 30, 2011.
Hon. John L. Mica,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2838, the Coast 
Guard and Maritime Transportation Act of 2011.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Sarah Puro.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 2838--Coast Guard and Maritime Transportation Act of 2011

    Summary: H.R. 2838 would authorize appropriations for 
United States Coast Guard (USCG) activities through fiscal year 
2014, Maritime Administration (MARAD) grants for certain short-
distance shipping activities through fiscal year 2016, and 
Federal Maritime Commission (FMC) activities through fiscal 
year 2015. In total, the bill would authorize the appropriation 
of about $25.8 billion for such activities, $25.7 billion of it 
for ongoing USCG operations. CBO estimates that implementing 
the bill would cost about $24.4 billion over the 2012-2016 
period, assuming appropriation of the authorized amounts.
    Pay-as-you-go procedures do not apply to this legislation 
because it would not affect direct spending or revenues.
    The bill contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA).
    H.R. 2838 would impose a private-sector mandate, as defined 
in UMRA, on owners and operators of offshore facilities used in 
the production of oil and gas. Based on information from the 
Department of the Interior and industry sources, CBO estimates 
that the aggregate cost of the mandate would probably exceed 
the annual threshold established in UMRA for private-sector 
mandates ($142 million in 2011, adjusted annually for 
inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 2838 is shown in the following table. 
The costs of this legislation fall within budget function 400 
(transportation).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2012     2013     2014     2015     2016   2012-2016
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

United States Coast Guard Activities:
    Authorization Level.................................    8,473    8,578    8,676        0        0    25,727
    Estimated Outlays...................................    5,760    7,286    7,889    2,323    1,047    24,305
Grants for Short Sea Transportation:
    Authorization Level.................................        5        5        5        5        5        25
    Estimated Outlays...................................        3        5        5        5        5        23
Federal Maritime Commission:
    Authorization Level.................................       22       22       22       22        0        88
    Estimated Outlays...................................       15       20       22       22        4        83
    Total Proposed Changes:
        Authorization Level.............................    8,500    8,605    8,703       27        5    25,840
        Estimated Outlays...............................    5,778    7,311    7,916    2,350    1,056    24,411
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that H.R. 
2838 will be enacted before the end of 2011 and that the 
amounts authorized by the bill will be appropriated for each 
year. Estimated outlays are based on historical spending 
patterns for the authorized activities.
    CBO estimates that appropriating the amounts authorized by 
the bill would result in discretionary spending of about $24.4 
billion over the 2012-2016 period. The cost estimate excludes 
$25 million that would be derived from the Oil Spill Liability 
Trust Fund (OSLTF) for USCG operating and research expenses 
because that amount is already authorized under existing law.

United States Coast Guard activities

    H.R. 2838 would reauthorize funding for ongoing USCG 
activities over the 2012-2014 period. Specifically, the bill 
would authorize the appropriation of about $20.8 billion for 
USCG operations (including $414 million for reserve training, 
$51 million for environmental compliance, about $4.5 billion 
for capital acquisitions, and about $60 million for research 
programs). Under provisions of the bill, the USCG would be 
allowed to use certain funds appropriated for operations for 
small construction projects. Under current law, such projects 
are only eligible to be funded out of the capital acquisitions 
budget. The bill would also require the USCG to complete 
reports to the Congress regarding USCG housing and certain new 
USCG acquisitions.
    Of the amounts authorized by the bill, $45 million would be 
derived from the OSLTF. Assuming appropriation of the amounts 
specified in the bill, CBO estimates that implementing those 
provisions of H.R. 2838 would cost about $24.4 billion over the 
2012-2016 period.

Grants for Short Sea transportation

    H.R. 2838 would authorize the appropriation of $5 million 
annually over the 2012-2017 period for MARAD to provide grants 
to facilitate the transportation of cargo and passengers in the 
inland waterways of the United States or for other short-
distance shipping. Assuming appropriation of the authorized 
amounts, CBO estimates that those grants would cost $23 million 
over the 2012-2016 period.

Federal Maritime Commission

    H.R. 2838 would authorize the appropriation of $88 million 
over the 2012-2015 period for the operations of the FMC. The 
FMC regulates shipping laws in the United States. CBO estimates 
that enacting those provisions would cost $83 million over the 
2012-2016 period, assuming appropriations of the authorized 
amounts.
    Estimated impact on state, local, and tribal governments: 
H.R. 2838 contains no intergovernmental mandates as defined by 
UMRA and would impose no costs on state, local, or tribal 
governments.
    Estimated impact on the private sector: H.R. 2838 contains 
a private-sector mandate as defined in UMRA. The bill would 
require operators to locate a standby vessel within 3 nautical 
miles of offshore oil and gas facilities when certain 
activities are being performed and within 12 nautical miles of 
facilities at all other times. The cost of that mandate would 
depend on several factors. The bill would allow operators to 
share one standby vessel among multiple facilities and to use 
standby vessels for other purposes. For operators that can use 
those measures, the cost of the mandate would tend to be lower. 
At the same time, the bill would authorize the Coast Guard to 
require standby vessels to be located closer than 3 or 12 
nautical miles to offshore facilities if necessary to address 
delays caused by weather or other conditions. Reducing the 
minimum distance from facilities would increase the number of 
vessels necessary for compliance and increase the cost of the 
mandate for some operators.
    Based on information from the Department of the Interior 
and industry sources, CBO estimates that the aggregate cost of 
the mandate would probably exceed the annual threshold 
established in UMRA for private-sector mandates ($142 million 
in 2011, adjusted annually for inflation).
    Estimate prepared by: Federal costs: Sarah Puro; Impact on 
State, local, and tribal governments: Ryan Miller; Impact on 
the private sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
make the operations of the Coast Guard more efficient, as well 
as to improve the safety and productivity of the nation's 
marine transportation system.

                          Advisory of Earmarks

    In compliance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 2838 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 2838 does not 
preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committee within the meaning of section 5(b) of 
the Federal Advisory Committee Act was created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

TITLE 14, UNITED STATES CODE

           *       *       *       *       *       *       *


PART I--REGULAR COAST GUARD

           *       *       *       *       *       *       *


                  [CHAPTER 1--ESTABLISHMENT AND DUTIES

[Sec. 1. Establishment of Coast Guard

  [The Coast Guard 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, ice-breaking 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) The Coast Guard shall be a service in the Department of 
Homeland Security, except when operating as a service in the 
Navy.
    [(b) 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) 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.]

                  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 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, ice-breaking 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) The Coast Guard shall be a service in the Department of 
Homeland Security, except when operating as a service in the 
Navy.
  (b) 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) 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.

                CHAPTER 3--COMPOSITION AND ORGANIZATION

Sec.
41. Grades and ratings.
     * * * * * * *
[55. District Ombudsmen.]

           *       *       *       *       *       *       *


[Sec. 55. District Ombudsmen

  [(a) In General.--The Commandant shall appoint in each Coast 
Guard District a District Ombudsman to serve as a liaison 
between ports, terminal operators, shipowners, and labor 
representatives and the Coast Guard.
  [(b) Purpose.--The purpose of the District Ombudsman shall be 
the following:
          [(1) To support the operations of the Coast Guard in 
        each port in the District for which the District 
        Ombudsman is appointed.
          [(2) To improve communications between and among port 
        stakeholders including, port and terminal operators, 
        ship owners, labor representatives, and the Coast 
        Guard.
          [(3) To seek to resolve disputes between the Coast 
        Guard and all petitioners regarding requirements 
        imposed or services provided by the Coast Guard.
  [(c) Functions.--
          [(1) Complaints.--The District Ombudsman may examine 
        complaints brought to the attention of the District 
        Ombudsman by a petitioner operating in a port or by 
        Coast Guard personnel.
          [(2) Guidelines for disputes.--
                  [(A) In general.--The District Ombudsman 
                shall develop guidelines regarding the types of 
                disputes with respect to which the District 
                Ombudsman will provide assistance.
                  [(B) Limitation.--The District Ombudsman 
                shall not provide assistance with respect to a 
                dispute unless it involves the impact of Coast 
                Guard requirements on port business and the 
                flow of commerce.
                  [(C) Priority.--In providing such assistance, 
                the District Ombudsman shall give priority to 
                complaints brought by petitioners who believe 
                they will suffer a significant hardship as the 
                result of implementing a Coast Guard 
                requirement or being denied a Coast Guard 
                service.
          [(3) Consultation.--The District Ombudsman may 
        consult with any Coast Guard personnel who can aid in 
        the investigation of a complaint.
          [(4) Access to information.--The District Ombudsman 
        shall have access to any Coast Guard document, 
        including any record or report, that will aid the 
        District Ombudsman in obtaining the information needed 
        to conduct an investigation of a complaint.
          [(5) Reports.--At the conclusion of an investigation, 
        the District Ombudsman shall submit a report on the 
        findings and recommendations of the District Ombudsman, 
        to the Commander of the District in which the 
        petitioner who brought the complaint is located or 
        operating.
          [(6) Deadline.--The District Ombudsman shall seek to 
        resolve each complaint brought in accordance with the 
        guidelines--
                  [(A) in a timely fashion; and
                  [(B) not later than 4 months after the 
                complaint is officially accepted by the 
                District Ombudsman.
  [(d) Appointment.--The Commandant shall appoint as the 
District Ombudsman an individual who has experience in port and 
transportation systems and knowledge of port operations or of 
maritime commerce (or both).
  [(e) Annual Reports.--The Secretary shall report annually to 
the Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate on the matters brought before the 
District Ombudsmen, including--
          [(1) the number of matters brought before each 
        District Ombudsman;
          [(2) a brief summary of each such matter; and
          [(3) the eventual resolution of each such matter.]

           *       *       *       *       *       *       *


                    CHAPTER 5--FUNCTIONS AND POWERS

Sec.
81. Aids to navigation authorized.
[82. Cooperation with Administrator of the Federal Aviation 
          Administration.]
     * * * * * * *
[90. Ocean stations.]

           *       *       *       *       *       *       *


[Sec. 82. Cooperation with Administrator of the Federal Aviation 
                    Administration

  [The Coast Guard, in establishing, maintaining, or operating 
any aids to air navigation herein provided, shall solicit the 
cooperation of the Administrator of the Federal Aviation 
Administration to the end that the personnel and facilities of 
the Federal Aviation Administration will be utilized to the 
fullest possible advantage. Before locating and operating any 
such aid on military or naval bases or regions, the consent of 
the Secretary of the Army, the Secretary of the Navy, or the 
Secretary of the Air Force, as the case may be, shall first be 
obtained. No such aid shall be located within the territorial 
jurisdiction of any foreign country without the consent of the 
government thereof. Nothing in this title shall be deemed to 
limit the authority granted by subchapter II of chapter 22 of 
title 10 or part A of subtitle VII of title 49.]

           *       *       *       *       *       *       *


Sec. 88. Saving life and property

  (a) * * *

           *       *       *       *       *       *       *

  (e) An individual who knowingly and willfully operates a 
device that interferes 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 civil penalty of not more than $1,000 
        per day for each violation.

           *       *       *       *       *       *       *


[Sec. 90. Ocean stations

  [(a) The Coast Guard is authorized to operate and maintain 
floating ocean stations for the purpose of providing search and 
rescue, communication, and air navigation facilities, and 
meteorological services in such ocean areas as are regularly 
traversed by aircraft of the United States.
  [(b) The Coast Guard is authorized, subject to approval by 
the Administrator of the Federal Aviation Administration, to 
operate, on floating ocean stations authorized herein, such air 
navigation facilities as the Administrator may find necessary 
or desirable for the safe and efficient protection and control 
of air traffic. The Coast Guard, in establishing, maintaining, 
or operating such air navigation facilities shall request the 
cooperation of the Administrator of the Federal Aviation 
Administration to the end that the personnel and facilities of 
the Federal Aviation Administration will be utilized to the 
fullest possible advantage.]

           *       *       *       *       *       *       *


CHAPTER 7--COOPERATION WITH OTHER AGENCIES

           *       *       *       *       *       *       *


Sec. 149. Assistance to foreign governments and maritime authorities

  (a) Detail of Members to Assist Foreign Governments.--The 
President may upon application from the foreign governments 
concerned, and whenever in his discretion the public interests 
render such a course advisable, detail members of the Coast 
Guard to assist foreign governments in matters concerning which 
the Coast Guard may be of assistance. [Members so detailed may 
accept, from the government to which detailed, offices and such 
compensation and emoluments thereunder appertaining as may be 
first approved by the Secretary. While so detailed such members 
shall receive, in addition to the compensation and emoluments 
allowed them by such governments, the pay and allowances to 
which they are entitled in the Coast Guard and shall be allowed 
the same credit for longevity, retirement, and for all other 
purposes that they would receive if they were serving with the 
Coast Guard.]

           *       *       *       *       *       *       *

  (d) Authorized Activities.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) The amount of funds used under this subsection 
        may not exceed $100,000 in any fiscal year.

           *       *       *       *       *       *       *


                     CHAPTER 9--COAST GUARD ACADEMY

Sec.
181. Administration of Academy.
     * * * * * * *
[193. Advisory Committee.]
     * * * * * * *
[198. Coast Guard history fellowships.]
     * * * * * * *
200. Policy on sexual harassment and sexual violence.

           *       *       *       *       *       *       *


[Sec. 193. Advisory Committee

  [The Secretary may appoint an Advisory Committee to the 
Academy, consisting of not more than seven persons of 
distinction in education and other fields relating to the 
purposes of the Academy, who shall serve without pay (or, in 
the case of a member of the Committee who is an officer or 
employee of the United States, who shall receive no additional 
pay on account of his service on the Committee). Members of the 
Advisory Committee shall be appointed for terms of not to 
exceed three years and may be reappointed. The Secretary shall, 
in June of each year, appoint one of the members to serve as 
chairman. The members so appointed shall visit the Academy at 
least once during the academic year on the call of the chairman 
and may convene once each year at Headquarters, at the call of 
the Commandant, for the purpose of examining the course of 
instruction and advising the Commandant relative thereto. Each 
member of the Committee shall be reimbursed from Coast Guard 
appropriations in conformity with the provisions of chapter 57 
of title 5. The Secretary shall, not less often than once a 
year, publish notice in the Federal Register for solicitation 
of nominations for membership on the Advisory Committee. The 
Advisory Committee is authorized to make available to Congress 
any information, advice, and recommendations which the Advisory 
Committee is authorized to give to the Secretary or the 
Commandant. The Committee terminates on September 30, 1994.]

           *       *       *       *       *       *       *


Sec. 195. Admission of foreign nationals for instruction; restrictions; 
                    conditions

  (a) * * *

           *       *       *       *       *       *       *

  (c) A [person] foreign national receiving instruction under 
this section is entitled to the same [pay and allowances,] pay, 
allowances, and emoluments, to be paid from the same 
appropriations, as a cadet appointed pursuant to section 182 of 
this title. [A person] A foreign national may receive 
instruction under this section only if his country agrees in 
advance to reimburse the United States, at a rate determined by 
the Secretary, for the cost of providing such instruction, 
including [pay and allowances,] pay, allowances, and 
emoluments, unless a waiver therefrom has been granted to that 
country by the Secretary. Funds received by the Secretary for 
this purpose shall be credited to the appropriations bearing 
the cost thereof, and may be apportioned between fiscal years.
  (d) [A person] A foreign national receiving instruction under 
this section is--
          (1) * * *

           *       *       *       *       *       *       *


[Sec. 198. Coast Guard history fellowships

  [(a) Fellowships.--The Commandant of the Coast Guard may 
prescribe regulations under which the Commandant may award 
fellowships in Coast Guard history to individuals who are 
eligible under subsection (b).
  [(b) Eligible Individuals.--An individual shall be eligible 
under this subsection if the individual is a citizen or 
national of the United States and--
          [(1) is a graduate student in United States history;
          [(2) has completed all requirements for a doctoral 
        degree other than preparation of a dissertation; and
          [(3) agrees to prepare a dissertation in a subject 
        area of Coast Guard history determined by the 
        Commandant.
  [(c) Limitations.--The Commandant may award up to 2 
fellowships annually. The Commandant may not award any 
fellowship under this section that exceeds $25,000 in any year.
  [(d) Regulations.--The regulations prescribed under this 
section shall include--
          [(1) the criteria for award of fellowships;
          [(2) the procedures for selecting recipients of 
        fellowships;
          [(3) the basis for determining the amount of a 
        fellowship; and
          [(4) subject to the availability of appropriations, 
        the total amount that may be awarded as fellowships 
        during an academic year.]

           *       *       *       *       *       *       *


Sec. 200. Policy on sexual harassment and sexual violence

  (a) Required Policy.--The Commandant shall direct the 
Superintendent of the Coast Guard Academy to prescribe a policy 
on sexual harassment and sexual violence applicable to the 
cadets and other personnel of the Coast Guard Academy.
  (b) Matters To Be Specified in Policy.--The policy on sexual 
harassment and sexual violence prescribed under this section 
shall include specification of the following:
          (1) Programs to promote awareness of the incidence of 
        rape, acquaintance rape, and other sexual offenses of a 
        criminal nature that involve cadets or other Academy 
        personnel.
          (2) Procedures that a cadet should follow in the case 
        of an occurrence of sexual harassment or sexual 
        violence, including--
                  (A) if the cadet 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 the options for confidential 
                reporting;
                  (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.
          (3) Procedures for disciplinary action in cases of 
        alleged criminal sexual assault involving a cadet or 
        other Academy personnel.
          (4) Any other sanction authorized to be imposed in a 
        substantiated case of sexual harassment or sexual 
        violence involving a cadet or other Academy personnel 
        in rape, acquaintance rape, or any other criminal 
        sexual offense, whether forcible or nonforcible.
          (5) Required training on the policy for all cadets 
        and other Academy personnel, including the specific 
        training required for personnel who process allegations 
        of sexual harassment or sexual violence involving 
        Academy personnel.
  (c) Annual Assessment.--
          (1) The Commandant shall direct the Superintendent of 
        the Academy to conduct at the Academy during each 
        Academy program year an assessment to determine the 
        effectiveness of the policies, training, and procedures 
        of the Academy with respect to sexual harassment and 
        sexual violence involving Academy personnel.
          (2) 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 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 officials 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 officials of the Academy; 
                        and
                  (B) to assess the perceptions of Academy 
                personnel of--
                          (i) the policies, training, and 
                        procedures on sexual harassment and 
                        sexual violence involving Academy 
                        personnel;
                          (ii) the enforcement of such 
                        policies;
                          (iii) the incidence of sexual 
                        harassment and sexual violence 
                        involving Academy personnel; and
                          (iv) any other issues relating to 
                        sexual harassment and sexual violence 
                        involving Academy personnel.
  (d) Annual Report.--
          (1) The Commandant shall direct the Superintendent of 
        the Academy to submit to the Commandant a report on 
        sexual harassment and sexual violence involving cadets 
        or other personnel at the Academy for each Academy 
        program year.
          (2) 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 program year and, 
                of those reported cases, the number that have 
                been substantiated.
                  (B) The policies, procedures, and processes 
                implemented by the Commandant and the 
                leadership of the Academy in response to sexual 
                harassment and sexual violence involving cadets 
                or other Academy personnel during the program 
                year.
                  (C) 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) 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 program year under subsection (c)(2).
          (4)(A) The Commandant shall transmit to the Board of 
        Visitors of the Academy each report received by the 
        Commandant under this subsection, together with the 
        Commandant's comments on the report.
          (B) The Commandant shall transmit each such report, 
        together with the Commandant's comments on the report, 
        to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives.

CHAPTER 11--PERSONNEL

           *       *       *       *       *       *       *


Sec. 211. Original appointment of permanent commissioned officers

  (a) * * *

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *


                        CHAPTER 15--ACQUISITIONS

                    subchapter i--general provisions

Sec.
561. Acquisition directorate.
     * * * * * * *
[563. Recognition of Coast Guard personnel for excellence in 
          acquisition.]
     * * * * * * *
569a. National security cutters.
569b. Major acquisitions report.
     * * * * * * *

SUBCHAPTER I--GENERAL PROVISIONS

           *       *       *       *       *       *       *


Sec. 562. Improvements in Coast Guard acquisition management

  (a) * * *

           *       *       *       *       *       *       *

  [(e) Report on Adequacy of Acquisition Workforce.--
          [(1) In general.--The Commandant shall report to the 
        appropriate congressional committees and the Committee 
        on Homeland Security of the House of Representatives by 
        July 1 of each year 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) Contents.--The report shall--
                  [(A) specify the number of officers, members, 
                and employees of the Coast Guard currently and 
                planned to be assigned to each position 
                designated under subsection (c); and
                  [(B) identify positions that are understaffed 
                to meet the anticipated acquisition workload, 
                and actions that will be taken to correct such 
                understaffing.]
  [(f)] (e) Appointments to Acquisition Positions.--The 
Commandant shall ensure that no requirement or preference for 
officers or members of the Coast Guard is used in the 
consideration of persons for positions in the acquisition 
workforce.
  [(g)] (f) Career Paths.--
          (1) * * *

           *       *       *       *       *       *       *


[Sec. 563. Recognition of Coast Guard personnel for excellence in 
                    acquisition

  [(a) In General.--Not later than 180 days after the date of 
enactment of the Coast Guard Authorization Act of 2010, the 
Commandant shall commence implementation of a program to 
recognize excellent performance by individuals and teams 
comprised of officers, members, and employees of the Coast 
Guard that contributed to the long-term success of a Coast 
Guard acquisition project or program.
  [(b) Elements.--The program shall include--
          [(1) specific award categories, criteria, and 
        eligibility and manners of recognition;
          [(2) procedures for the nomination by personnel of 
        the Coast Guard of individuals and teams comprised of 
        officers, members, and employees of the Coast Guard for 
        recognition under the program; and
          [(3) procedures for the evaluation of nominations for 
        recognition under the program by one or more panels of 
        individuals from the Government, academia, and the 
        private sector who have such expertise and are 
        appointed in such manner as the Commandant shall 
        establish for the purposes of this program.
  [(c) Award of Cash Bonuses.--As part of the program required 
by subsection (a), the Commandant, subject to the availability 
of appropriations, may award to any civilian employee 
recognized pursuant to the program a cash bonus to the extent 
that the performance of such individual so recognized warrants 
the award of such bonus.]

Sec. 564. Prohibition on use of lead systems integrators

  (a) * * *

           *       *       *       *       *       *       *

  [(d) Termination Date for Exceptions.--Except as described in 
subsection (b)(1), the Commandant may not use a private sector 
entity as a lead systems integrator for acquisition contracts 
awarded, or task orders or delivery orders issued, after the 
earlier of--
          [(1) September 30, 2011; or
          [(2) the date on which the Commandant certifies in 
        writing to the appropriate congressional committees 
        that the Coast Guard has available and can retain 
        sufficient acquisition workforce personnel and 
        expertise within the Coast Guard, through an 
        arrangement with other Federal agencies, or through 
        contracts or other arrangements with private sector 
        entities, to perform the functions and responsibilities 
        of the lead systems integrator in an efficient and 
        cost-effective manner.]

           *       *       *       *       *       *       *


Sec. 569. Report on former Coast Guard officials employed by 
                    contractors to the agency

  (a) Report Required.--Not later than December 31, 2011, [and 
annually thereafter,] the Comptroller General of the United 
States shall submit a report to the appropriate congressional 
committees on the employment during the preceding year by Coast 
Guard contractors of individuals who were Coast Guard officials 
in the previous 5-year period. The report shall assess the 
extent to which former Coast Guard officials were provided 
compensation by Coast Guard contractors in the preceding 
calendar year.

           *       *       *       *       *       *       *


Sec. 569a. National security cutters

  (a) Sixth National Security Cutter.--The Commandant may not 
begin production of a sixth national security cutter on any 
date before which the Commandant--
          (1) has acquired a sufficient number of Long Range 
        Interceptor II and Cutter Boat Over the Horizon IV 
        small boats for each of the first three national 
        security cutters and has submitted to the Committee on 
        Commerce, Science, and Transportation of the Senate and 
        the Committee on Transportation and Infrastructure of 
        the House of Representatives a plan to provide such 
        boats upon the date of delivery of each subsequent 
        national security cutter;
          (2) has achieved the goal of 225 days away from 
        homeport for each of the first two national security 
        cutters; and
          (3) has submitted to the Committee on Commerce, 
        Science, and Transportation of the Senate and the 
        Committee on Transportation and Infrastructure of the 
        House of Representatives a program execution plan 
        detailing increased aerial coverage to support national 
        security cutter operations.
  (b) Seventh National Security Cutter.--The Commandant may not 
begin production of a seventh national security cutter on any 
date before which the Commandant has selected an offshore 
patrol cutter that meets at least the minimum operational 
requirements set out in the Operational Requirements Document 
approved by the department in which the Coast Guard is 
operating on October 20, 2010.

Sec. 569b. Major acquisitions report

  (a) Major Acquisition Programs Implementation Report.--In 
conjunction with the transmittal by the President of the budget 
of the United States for fiscal year 2013 and every two fiscal 
years 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.--The report shall include for 
each major acquisition program--
          (1) a statement of Coast Guard's mission needs and 
        performance goals for such program, including a 
        justification for any change to those needs and goals 
        from any report previously submitted under this 
        subsection;
          (2) a justification for how the projected number and 
        capabilities of each planned acquisition program asset 
        meets those mission needs and performance goals;
          (3) an identification of any and all mission hour 
        gaps, accompanied by an explanation on how and when the 
        Coast Guard will close those gaps;
          (4) an identification of any changes to such program, 
        including--
                  (A) any changes to the timeline for the 
                acquisition of each new asset and the phase out 
                of legacy assets; and
                  (B) any changes to the costs of new assets 
                and legacy assets for that fiscal year, future 
                fiscal years, or the total acquisition cost;
          (5) a justification for 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 that 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 lifecycle cost of each legacy asset that 
        also identifies any anticipated resource gaps;
          (9) a detailed explanation of how the costs of the 
        legacy assets are being accounted for within such 
        program;
          (10) an annual performance comparison of new assets 
        to legacy assets; and
          (11) an identification of the scope of the 
        anticipated acquisitions workload for the next fiscal 
        year; the number of officers, members, and employees of 
        the Coast Guard currently assigned to positions in the 
        acquisition workforce; and a determination on the 
        adequacy of the current acquisition workforce to meet 
        that anticipated workload, including the specific 
        positions that are or will be understaffed, and actions 
        that will be taken to correct such understaffing.
  (c) 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 they have 
not been maintained in class.
  (d) Definition.--For the purposes of 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.

SUBCHAPTER II--IMPROVED ACQUISITION PROCESS AND PROCEDURES

           *       *       *       *       *       *       *


Sec. 573. Preliminary development and demonstration

  (a) * * *

           *       *       *       *       *       *       *

  (c) Technical Certification.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Cutter classification.--
                  (A) * * *
                  [(B) Reports.--Not later than December 31, 
                2011, and biennially thereafter, the Commandant 
                shall provide a report to the Committee on 
                Transportation and Infrastructure of the House 
                of Representatives and the Committee on 
                Commerce, Science, and Transportation of the 
                Senate identifying 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 and 
                detailing the reasons why they have not been 
                maintained in class.]

           *       *       *       *       *       *       *


                       CHAPTER 17--ADMINISTRATION

Sec.
631. Delegation of powers by the Secretary.
     * * * * * * *
656. Use of moneys appropriated for acquisition, construction, and 
          improvement; for research, development, test, and evaluation; 
          and for the alteration of bridges over the navigable [waters.] 
          waters; use of moneys appropriated for operating expenses for 
          minor construction and improvement.
     * * * * * * *
678. Treatment of reports of aircraft accident investigations.

           *       *       *       *       *       *       *


Sec. 656. Use of moneys appropriated for acquisition, construction, and 
                    improvement; for research, development, test, and 
                    evaluation; and for the alteration of bridges over 
                    the navigable waters; use of moneys appropriated 
                    for operating expenses for minor construction and 
                    improvement

  (a) * * *

           *       *       *       *       *       *       *

  (d) Minor Construction and Improvement.--
          (1) Subject to the reporting requirements set forth 
        in paragraph (2), the Secretary may expend not more 
        than $1,500,000 from amounts available for the 
        operating expenses of the Coast Guard for minor 
        construction and improvement projects at any one 
        location.
          (2) No 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.

           *       *       *       *       *       *       *


Sec. 678. Treatment of reports of aircraft accident investigations

  (a) In General.--Whenever the Commandant 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) 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) The Commandant shall not disclose the information 
        requested in paragraph (1) unless the Commandant 
        determines--
                  (A) that such tapes, reports, or other 
                information would be included within and 
                releasable with the final accident 
                investigation report; and
                  (B) that release of such tapes, reports, or 
                other information--
                          (i) would not undermine the ability 
                        of accident or safety investigators to 
                        continue to conduct the investigation; 
                        and
                          (ii) would not compromise national 
                        security.
          (3) 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 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) Regulations.--The Commandant shall prescribe regulations 
to carry out this section.
  (f) 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.

           *       *       *       *       *       *       *


      CHAPTER 19--ENVIRONMENTAL COMPLIANCE AND RESTORATION PROGRAM

Sec.
690. Definitions.
     * * * * * * *
[693. Annual Report to Congress.]
693. Annual report to Congress.
     * * * * * * *

[Sec. 693. Annual Report to Congress

  [(a) The Secretary shall submit to Congress a report each 
fiscal year describing the progress the Secretary has made 
during the preceding fiscal year in implementing this chapter.
  [(b) Each report shall include:
          [(1) A statement for each facility or vessel for 
        which the Secretary is responsible under section 691(c) 
        of this title where a release of a hazardous substance 
        or pollutant has been identified.
          [(2) The status of response actions contemplated or 
        undertaken at each facility.
          [(3) The specific cost estimates and budgetary 
        proposals for response actions contemplated or 
        undertaken at each facility.
          [(4) The total amount required to clean up 
        contamination at all identified facilities.]

Sec. 693. Annual report 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 the 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.

           *       *       *       *       *       *       *


PART II--COAST GUARD RESERVE AND AUXILIARY

           *       *       *       *       *       *       *


CHAPTER 23--COAST GUARD AUXILIARY

           *       *       *       *       *       *       *


Sec. 823. Eligibility, enrollments

  The Auxiliary shall be composed of [citizens of the United 
States and its territories and possessions,] nationals of the 
United States (as such term is 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 such term 
is defined in section 101(a)(20) of such Act (8 U.S.C. 
1101(a)(20))), who are owners, sole or part, of motorboats, 
yachts, aircraft, or radio stations or who by reason of their 
special training or experience are deemed by the Commandant to 
be qualified for duty in the Auxiliary, and who may be enrolled 
therein pursuant to applicable regulations.

           *       *       *       *       *       *       *

                              ----------                              


                 COAST GUARD AUTHORIZATION ACT OF 2010

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) * * *
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; table of contents.
     * * * * * * *

                          TITLE II--COAST GUARD

     * * * * * * *
[Sec. 217. Report on sexual assaults in the Coast Guard.]
     * * * * * * *

TITLE II--COAST GUARD

           *       *       *       *       *       *       *


[SEC. 217. REPORT ON SEXUAL ASSAULTS IN THE COAST GUARD.

  [(a) In General.--Not later than January 15 of each year, the 
Commandant of the Coast Guard shall submit a report on the 
sexual assaults involving members of the Coast Guard to the 
Committee on Transportation and Infrastructure and the 
Committee on Homeland Security of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of 
the Senate.
  [(b) Contents.--The report required under subsection (a) 
shall contain the following:
          [(1) The number of sexual assaults against members of 
        the Coast Guard, and the number of sexual assaults by 
        members of the Coast Guard, that were reported to 
        military officials during the year covered by such 
        report, and the number of the cases so reported that 
        were substantiated.
          [(2) A synopsis of, and the disciplinary action taken 
        in, each substantiated case.
          [(3) The policies, procedures, and processes 
        implemented by the Secretary concerned during the year 
        covered by such report in response to incidents of 
        sexual assault involving members of the Coast Guard 
        concerned.
          [(4) A plan for the actions that are to be taken in 
        the year following the year covered by such report on 
        the prevention of and response to sexual assault 
        involving members of the Coast Guard concerned.]

           *       *       *       *       *       *       *


TITLE IV--ACQUISITION REFORM

           *       *       *       *       *       *       *


SEC. 404. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.

  (a) In General.--For purposes of sections 3304, 5333, and 
5753 of title 5, United States Code, the Commandant of the 
Coast Guard may--
          (1) designate any category of acquisition positions 
        within the Coast Guard [as shortage category 
        positions;] as positions for which there exists a 
        shortage of candidates or there is a critical hiring 
        need; and

           *       *       *       *       *       *       *

  (b) Limitation.--The Commandant may not appoint a person to a 
position of employment under this [paragraph] section after 
September 30, [2012.] 2015.

           *       *       *       *       *       *       *


TITLE IX--MISCELLANEOUS PROVISIONS

           *       *       *       *       *       *       *


[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 
proposed construction or alteration of any bridge, drawbridge, 
or causeway over navigable waters with a channel depth of 25 
feet or greater of the United States that may impede or 
obstruct future navigation to or from port facilities.]

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, for which a 
permit under the Act of March 23, 1906 (chapter 1130; 33 U.S.C. 
491 et seq.), popularly known as the Bridge Act of 1906, was 
requested on or after January 1, 2006 and on or before August 
3, 2011.

           *       *       *       *       *       *       *

                              ----------                              


COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2006

           *       *       *       *       *       *       *


TITLE IV--MISCELLANEOUS

           *       *       *       *       *       *       *


SEC. 408. DEEPWATER REPORTS.

  [(a) Annual Deepwater Implementation Report.--Not later than 
30 days after the date of enactment of this Act and in 
conjunction with the transmittal by the President of the budget 
of the United States for each fiscal year thereafter, 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 a report on the implementation of the 
Integrated Deepwater Systems Program, as revised in 2005 (in 
this section referred to as the ``Deepwater program''), that 
includes--
          [(1) a justification for how the projected number and 
        capabilities of each Deepwater program asset meets the 
        revised mission needs statement delivered as part of 
        the Deepwater program and the performance goals of the 
        Coast Guard;
          [(2) a projection of the remaining operational 
        lifespan of each legacy asset;
          [(3) an identification of any changes to the 
        Deepwater program, including--
                  [(A) any changes to the timeline for the 
                acquisition of each new asset and the phase out 
                of legacy assets for the life of the Deepwater 
                program; and
                  [(B) any changes to the costs for that fiscal 
                year or future fiscal years or the total costs 
                of the Deepwater program, including the costs 
                of new and legacy assets;
          [(4) a justification for how any change to the 
        Deepwater program fulfills the mission needs statement 
        for the Deepwater program and performance goals of the 
        Coast Guard;
          [(5) an identification of how funds in that fiscal 
        year's budget request will be allocated, including 
        information on the purchase of specific assets;
          [(6) a detailed explanation of how the costs of the 
        legacy assets are being accounted for within the 
        Deepwater program;
          [(7) a description of how the Coast Guard is planning 
        for the integration of Deepwater program assets into 
        the Coast Guard, including needs related to shore-based 
        infrastructure and human resources; and
          [(8) a description of the competitive process 
        conducted in all contracts and subcontracts exceeding 
        $2,500,000 awarded under the Deepwater program.]

           *       *       *       *       *       *       *


SEC. 421. DISTANT WATER TUNA FLEET.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Expiration.--This section expires [on December 31, 2012] 
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 2011.

           *       *       *       *       *       *       *

                              ----------                              


TITLE 46, UNITED STATES CODE

           *       *       *       *       *       *       *


Subtitle II--Vessels and Seamen

           *       *       *       *       *       *       *


Part B--Inspection and Regulations of Vessels

           *       *       *       *       *       *       *


CHAPTER 45--UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS

           *       *       *       *       *       *       *


Sec. 4502. Safety standards

  (a) * * *

           *       *       *       *       *       *       *

  (f) To ensure compliance with the requirements of this 
chapter, the Secretary--
          (1) shall require the individual in charge of a 
        vessel described in subsection (b) to keep a record of 
        equipment maintenance, and required instruction and 
        drills; [and]
          (2) shall examine at dockside a vessel described in 
        subsection (b) [at least once every 2 years] at least 
        once every 5 years, and shall issue a certificate of 
        compliance to a vessel meeting the requirements of this 
        chapter[.]; and
          (3) shall complete the first examination of a 
        dockside vessel under this section no later than 
        October 15, 2015.
  (g)(1) * * *

           *       *       *       *       *       *       *

  (4) The Secretary shall establish [a publicly accessible] an 
electronic database listing the names of individuals who have 
participated in and received a certificate confirming 
successful completion of a training program approved by the 
Secretary under this section.

           *       *       *       *       *       *       *


Part G--Merchant Seamen Protection and Relief

           *       *       *       *       *       *       *


CHAPTER 103--FOREIGN AND INTERCOASTAL VOYAGES

           *       *       *       *       *       *       *


Sec. 10313. Wages

  (a) * * *

           *       *       *       *       *       *       *

  (g)(1) * * *
  (2) The total amount required to be paid under paragraph (1) 
with respect to [all claims in a class action suit by seamen] 
each claim by a seaman on a passenger vessel capable of 
carrying more than 500 passengers for wages under this section 
against a vessel master, owner, or operator or the employer of 
[the seamen] the seaman shall not exceed ten times the unpaid 
wages that are the subject of the claims.
  (3) A [class action] suit for wages under this subsection 
must be commenced within three years after the later of--
          (A) * * *

           *       *       *       *       *       *       *


CHAPTER 105--COASTWISE VOYAGES

           *       *       *       *       *       *       *


Sec. 10504. Wages

  (a) * * *

           *       *       *       *       *       *       *

  (c)(1) * * *
  (2) The total amount required to be paid under paragraph (1) 
with respect to [all claims in a class action suit by seamen] 
each claim by a seaman on a passenger vessel capable of 
carrying more than 500 passengers for wages under this section 
against a vessel master, owner, or operator or the employer of 
[the seamen] the seaman shall not exceed ten times the unpaid 
wages that are the subject of the claims.
  (3) A [class action] suit for wages under this subsection 
must be commenced within three years after the later of--
          (A) * * *

           *       *       *       *       *       *       *


Subtitle III--Maritime Liability

           *       *       *       *       *       *       *


CHAPTER 301--GENERAL LIABILITY PROVISIONS

           *       *       *       *       *       *       *


Sec. 30104. Personal injury to or death of seamen

   (a) In General.--A seaman injured in the course of 
employment or, if the seaman dies from the injury, the personal 
representative of the seaman may elect to bring a civil action 
at law, with the right of trial by jury, against the employer. 
Laws of the United States regulating recovery for personal 
injury to, or death of, a railway employee apply to an action 
under this section.
  (b) Recourse for Nonresident Alien Seamen Employed on Foreign 
Passenger Vessels.--A claim for damages or expenses relating to 
personal injury, illness, or death of a seaman who is a citizen 
of a foreign nation, arising during or from the engagement of 
the seaman by or for a passenger vessel duly registered under 
the laws of a foreign nation, may not be brought under the laws 
of the United States if--
          (1) such seaman was not a permanent resident alien of 
        the United States at the time the claim arose;
          (2) the injury, illness, or death arose outside the 
        territorial waters of the United States; and
          (3) the seaman or the seaman's personal 
        representative has or had a right to seek compensation 
        for the injury, illness, or death in, or under the laws 
        of--
                  (A) the nation in which the vessel was 
                registered at the time the claim arose; or
                  (B) the nation in which the seaman maintained 
                citizenship or residency at the time the claim 
                arose.

           *       *       *       *       *       *       *


         CHAPTER 313--COMMERCIAL INSTRUMENTS AND MARITIME LIENS

                          subchapter i--general

Sec.
31301. Definitions.
     * * * * * * *
31310. Limitation on maritime liens on fishing permit and permit 
          description.
     * * * * * * *

Subchapter I--GENERAL

           *       *       *       *       *       *       *


Sec. 31310. Limitation on maritime liens on fishing permit and permit 
                    description

  (a) In General.--This chapter--
          (1) does not establish a maritime lien on a permit 
        that--
                  (A) authorizes a person or use of a vessel to 
                engage in fishing; and
                  (B) is issued under State or Federal law; and
          (2) does not authorize any civil action to enforce a 
        maritime lien on such a permit.
  (b) Fishing Permit Described.--A fishing permit--
          (1) is governed solely by the State or Federal law 
        under which it was issued; and
          (2) is not included in the whole of a vessel or as an 
        appurtenance or intangible of a vessel for any purpose.
  (c) Limitation on Statutory Construction.--Nothing in 
subsections (a) and (b) shall be construed as imposing any 
limitation upon the authority of the Secretary of Commerce to 
modify, suspend, revoke, or sanction any Federal fishery permit 
issued by the Secretary of Commerce or to bring a civil action 
to enforce such modification, suspension, revocation, or 
sanction.

           *       *       *       *       *       *       *


Subtitle V--Merchant Marine

           *       *       *       *       *       *       *


Part D--Promotional Programs

           *       *       *       *       *       *       *


                       CHAPTER 555--MISCELLANEOUS

Sec.
55501. Mobile trade fairs.
55502. Committee on the Marine Transportation System.
     * * * * * * *

Sec. 55502. Committee on the Marine Transportation System

  (a) Establishment.--There is established a Committee on the 
Marine Transportation System (in this section referred to as 
the ``Committee'').
  (b) Purpose.--The Committee shall--
          (1) assess the adequacy of the marine transportation 
        system (including ports, waterways, channels, and their 
        intermodal connections);
          (2) develop and implement policies to promote an 
        efficient marine transportation system; and
          (3) coordinate policies among Federal agencies to 
        promote an efficient marine transportation system.
  (c) Membership.--
          (1) In general.--The Committee shall consist of the 
        Secretary of Transportation, the Secretary of Defense, 
        the Secretary of Homeland Security, the Secretary of 
        Commerce, the Secretary of the Treasury, the Secretary 
        of State, the Secretary of the Interior, the Secretary 
        of Agriculture, the Attorney General, the Secretary of 
        Labor, the Secretary of Energy, the Administrator of 
        the Environmental Protection Agency, the Chairman of 
        the Federal Maritime Commission, and the head of any 
        other Federal agency that the Committee Chair, with the 
        approval of a majority of the voting members of the 
        Committee, determines can further the purpose and 
        activities of the Committee.
          (2) Ex-officio members.--The Committee may also 
        consist of so many nonvoting members as the Committee 
        Chair, with the approval of a majority of the voting 
        members of the Committee, determines is appropriate to 
        further the purpose and activities of the Committee.
          (3) Chairman.--The Chair of the Committee 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 with the approval of a 
        majority of the voting members of the Committee.
  (d) Support.--
          (1) Coordinating board.--Each member of the Committee 
        may select a senior level representative to serve on a 
        coordinating board which shall assist the Committee in 
        carrying out its purpose and activities.
          (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 select an executive 
        director to assist the Committee in carrying out its 
        purpose and activities.
  (e) Marine Transportation System Assessment and Strategy.--
Not later than one year after the date of enactment of this Act 
and every 5 years thereafter, the Committee shall provide a 
report to Congress which includes--
          (1) steps taken to implement actions recommended in 
        the July 2008 ``National Strategy for the Marine 
        Transportation System: A Framework for Action'';
          (2) an assessment of the condition of the marine 
        transportation system;
          (3) a discussion of the challenges the system faces 
        in meeting user 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 the Marine 
Transportation System National Advisory Council, interested 
parties, and the public.

CHAPTER 556--SHORT SEA TRANSPORTATION

           *       *       *       *       *       *       *


Sec. 55601. Short sea transportation program

  (a) Establishment.--The Secretary of Transportation shall 
establish a short sea transportation program and designate 
short sea transportation projects to be conducted under the 
program to mitigate [landside congestion.] landside congestion 
and to promote increased use of the navigable waters of the 
United States for transportation of passengers or freight (or 
both).

           *       *       *       *       *       *       *

  (c) Short Sea Transportation Routes.--The Secretary shall 
designate short sea transportation routes as extensions of the 
surface transportation system to focus public and private 
efforts to use the waterways to relieve landside congestion 
along coastal corridors and to promote waterborne 
transportation between ports within the United States. The 
Secretary may collect and disseminate data for the designation 
and delineation of short sea transportation routes.
  (d) Project Designation.--The Secretary may designate a 
project to be a short sea transportation project if the 
Secretary determines [that the project may--
          [(1) offer a waterborne alternative to available 
        landside transportation services using documented 
        vessels; and
          [(2) provide transportation services for passengers 
        or freight (or both) that may reduce congestion on 
        landside infrastructure using documented vessels.] that 
        the project uses documented vessels and--
          (1) mitigates landside congestion; or
          (2) promotes waterborne transportation between ports 
        of the United States.

           *       *       *       *       *       *       *

  [(f) Multistate, State and Regional Transportation 
Planning.--The Secretary, in consultation with Federal entities 
and State and local governments, shall develop strategies to 
encourage the use of short sea transportation for 
transportation of passengers and cargo. The Secretary shall--
          [(1) assess the extent to which States and local 
        governments include short sea transportation and other 
        marine transportation solutions in their transportation 
        planning;
          [(2) encourage State departments of transportation to 
        develop strategies, where appropriate, to incorporate 
        short sea transportation, ferries, and other marine 
        transportation solutions for regional and interstate 
        transport of freight and passengers in their 
        transportation planning; and
          [(3) encourage groups of States and multi-State 
        transportation entities to determine how short sea 
        transportation can address congestion, bottlenecks, and 
        other interstate transportation challenges.]
  [(g)] (f) Grants.--
          (1) * * *

           *       *       *       *       *       *       *

          (4) Authorization of appropriations.--There is 
        authorized to be appropriated not more than $5,000,000 
        for each of the fiscal years 2012 through fiscal year 
        2017 for grants under this subsection.
  (g) Termination of Authority.--Authority granted to the 
Secretary under this section shall terminate September 30, 
2017.

           *       *       *       *       *       *       *


Sec. 55605. Short sea transportation defined

  In this chapter, the term ``short sea transportation'' [means 
the carriage by vessel of cargo--] means the carriage of 
passengers or freight (or both) by a vessel documented under 
the laws of the United States--
          (1) * * *

           *       *       *       *       *       *       *


                      SUBTITLE VIII--MISCELLANEOUS

Chapter.                                                            Sec.
      Wrecks and Salvage...........................................80101
     * * * * * * *
      Standby vessels..............................................80701
     * * * * * * *

                      CHAPTER 807--STANDBY VESSELS

Sec.
80701. Standby vessels.

Sec. 80701. Standby vessels

  (a) In General.--The owner or operator of a manned facility, 
installation, unit, or vessel shall locate a standby vessel--
          (1) not more than 3 nautical miles from such manned 
        facility, installation, unit, or vessel while it is 
        performing drilling, plugging, abandoning, or workover 
        operations; and
          (2) not more than 12 nautical miles from such manned 
        facility, installation, unit, or vessel while it is 
        performing operations other than drilling, plugging, 
        abandoning, or workover operations.
  (b) Improved Standby Vessel Response Time.--
          (1) In general.--A Coast Guard District Commander may 
        reduce the distances prescribed in subsection (a) for 
        the area of command of the District Commander if the 
        District Commander determines the reduction is 
        necessary to address delays in standby vessel response 
        times caused by inclement weather, high seas, or other 
        conditions that prolong standby vessel response time or 
        lessen the time survivors of an accident can remain in 
        the water.
          (2) Approximation of normal response time.--Any 
        reduction under paragraph (1) shall be made to a 
        distance that, in weather conditions necessitating the 
        reduction, ensures that a standby vessel's response 
        time approximates that of a standby vessel covering the 
        distance prescribed in subsection (a) during normal 
        weather conditions.
          (3) Prevention of hypothermia.--Any reduction under 
        paragraph (1) made due to water temperature or other 
        factors that reduce the time survivors of an accident 
        can remain in the water shall be made to a distance at 
        which a standby vessel can be assumed to reach the 
        survivor before the onset of hypothermia.
          (4) Notice to owners and operators.--Before 
        exercising the authority in paragraph (1), a District 
        Commander shall provide 72 hours notice to the owners 
        and operators of standby vessels and owners and 
        operators of manned facilities, installations, units, 
        and vessels operating in the District Commander's area 
        of command.
  (c) Multiple Platforms and Uses.--Nothing in this section 
shall be construed to prohibit--
          (1) use of one standby vessel for more than one 
        manned facility, installation, unit, or vessel; or
          (2) use of a standby vessel for other purposes.
                              ----------                              


TITLE 49, UNITED STATES CODE

           *       *       *       *       *       *       *


SUBTITLE I--DEPARTMENT OF TRANSPORTATION

           *       *       *       *       *       *       *


CHAPTER 1--ORGANIZATION

           *       *       *       *       *       *       *


Sec. 109. Maritime Administration

  (a) [Organization] Organization and Mission.--The Maritime 
Administration is an administration in the Department of 
Transportation. The mission of the Maritime Administration is 
to foster, promote, and develop the domestic merchant maritime 
industry of the United States.

           *       *       *       *       *       *       *

                              ----------                              


 SECTION 501 OF THE COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2004

SEC. 501. AUTHORIZATION OF APPROPRIATIONS FOR FEDERAL MARITIME 
                    COMMISSION.

  There are authorized to be appropriated to the Federal 
Maritime [Commission--
          [(1) for fiscal year 2005, $19,500,000;
          [(2) for fiscal year 2006, $20,750,000;
          [(3) for fiscal year 2007, $21,500,000; and
          [(4) for fiscal year 2008, $22,575,000.] Commission 
        for each of the fiscal years 2012 through 2015, 
        $22,100,000.

        
        
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