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[Senate Report 112-135]
[From the U.S. Government Publishing Office]

112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-135
_______________________________________________________________________

                                     

                                                       Calendar No. 300

 
      COAST GUARD AUTHORIZATION ACT FOR FISCAL YEARS 2012 AND 2013

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1665

                                     

                January 26, 2012.--Ordered to be printed

       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                      one hundred twelfth congress
                             second session

            JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii             KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California            JIM DeMINT, South Carolina
BILL NELSON, Florida                 JOHN THUNE, South Dakota
MARIA CANTWELL, Washington           ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey      JOHNNY ISAKSON, Georgia
MARK PRYOR, Arkansas                 ROY BLUNT, Missouri
CLAIRE McCASKILL, Missouri           JOHN BOOZMAN, Arkansas
AMY KLOBUCHAR, Minnesota             PATRICK J. TOOMEY, Pennsylvania
TOM UDALL, New Mexico                MARCO RUBIO, Florida
MARK WARNER, Virginia                KELLY AYOTTE, New Hampshire
MARK BEGICH, Alaska                  DEAN HELLER, Nevada
                     Ellen Doneski, Staff Director
                   James Reid, Deputy Staff Director
                Todd Bertoson, Republican Staff Director
            Jarrod Thompson Republican Deputy Staff Director
               Rebecca Seidel, Republican General Counsel

                                                       Calendar No. 300
112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-135

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

      COAST GUARD AUTHORIZATION ACT FOR FISCAL YEARS 2012 AND 2013

                                _______
                                

                January 26, 2012.--Ordered to be printed

                                _______
                                

     Mr. Rockefeller, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 1665]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1665) to authorize 
appropriations for the Coast Guard for fiscal years 2012 and 
2013, and for other purposes, having considered the same, 
reports favorably thereon with an amendment (in the nature of a 
substitute) and recommends that the bill (as amended) do pass.

                          Purpose of the Bill

  The purpose of S. 1665, the Coast Guard Authorization Act for 
Fiscal Years 2012 and 2013, as amended, is two-fold. First, the 
bill would authorize amounts to be appropriated and set levels 
of military strength and training for the Coast Guard for each 
of fiscal years (FYs) 2012 and 2013. S. 1665 authorizes funding 
levels covering seven accounts: (1) operation and maintenance 
expenses (OE); (2) acquisition, construction, and improvement 
of facilities and equipment (AC&I); (3) research, development, 
testing, and evaluation (RDT&E); (4) retired pay; (5) 
alteration or removal of bridges; (6) environmental compliance 
and restoration (EC&R); and (7) the reserve program. Second, S. 
1665 would make a number of refinements to the Coast Guard's 
statutory authorities in order to help ensure that the Service 
is able to maintain--and in certain cases augment--its current 
operational capabilities across its eleven statutory missions.

                          Background and Needs

  The Coast Guard is unique among Federal Government entities 
in that it not only constitutes a part of the military forces 
of the United States but also is authorized to enforce all 
applicable Federal laws on, under, and over the high seas 
subject to the jurisdiction of the United States. It is a 
military, multi-mission, maritime service with its genesis in 
the Revenue Cutter Service, which was established in 1790 by 
the First Congress at the recommendation of Treasury Secretary 
Alexander Hamilton. On February 27, 1914, the Senate Committee 
on Commerce reported favorably\1\, and on January 28, 1915, 
President Woodrow Wilson signed into law S. 2337, which formed 
the modern-day Coast Guard by combining the Revenue Cutter 
Service and the U.S. Lifesaving Service and established its 
operation within the Treasury Department in time of peace and 
as a part of the Navy in time of war or at the direction of the 
President.\2\ In the 96 years since its creation, the Coast 
Guard's missions have grown and evolved. In the mid-twentieth 
century, the Service absorbed additional Federal Government 
entities of significant importance to maritime commerce and 
transportation--first the United States Lighthouse Service in 
1939, then the Bureau of Marine Inspection and Navigation and 
its Steamboat Inspection Service in 1946. In 1967, the Coast 
Guard was transferred from the Department of the Treasury to 
the Department of Transportation (DOT).\3\ With the enactment 
of the Homeland Security Act of 2002, the Coast Guard and a 
number of other Federal agencies were transferred to the 
Department of Homeland Security (DHS).\4\
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    \1\ S. Rep. No. 63-300 (1914).
    \2\ Act of Jan. 28, 1915, ch. 20, 38 Stat. 800 (1915).
    \3\ Department of Transportation Act 6(b)(1) Oct. 15, 1966, Pub. 
L. 89-670, 80 Stat. 931.
    \4\ 6 U.S.C.  468(b) (2010).
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  Today, the Coast Guard consists of over 42,000 active duty 
personnel, 7,000 reservists, 7,800 civilian employees, and 
30,000 auxiliary volunteers. It performs eleven statutory 
missions, namely:

           Aids to navigation;
           Defense readiness;
           Drug interdiction;
           Ice operations;
           Living marine resources (fisheries law 
        enforcement);
           Marine environmental protection;
           Marine safety;
           Migrant interdiction;
           Ports, waterways, and coastal security;
           Other law enforcement; and
           Search and rescue.\5\
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    \5\ 6 U.S.C.  468(a) (2010).

  These diverse missions can be grouped broadly into three 
categories--safety, security, and stewardship. On average, each 
day the Coast Guard saves 13 lives, responds to 64 search and 
rescue cases, keeps 959 pounds of cocaine off the streets, 
prevents $260,000 in property damage, interdicts ten 
undocumented migrants seeking to unlawfully enter the United 
States, services 49 buoys and other aids to navigation, ensures 
compliance of 15 fishing vessels with fisheries laws, 
investigates 12 marine accidents, responds to and investigates 
ten pollution incidents, conducts security inspections of five 
high interest vessels, and escorts four U.S. Navy vessels 
transiting U.S. waterways.\6\
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    \6\ U.S. Coast Guard, Coast Guard 2010 Snapshot: A Summary of Facts 
and Figures about America's Coast Guard, http://www.uscg.mil/top/about/
doc/uscg_snapshot.pdf.
---------------------------------------------------------------------------
  Currently, the Coast Guard finds itself at a crucial juncture 
in its long and storied history. Over time, the jobs assigned 
to the Coast Guard by Congress and the President have grown not 
only in number, but also in diversity and complexity. This 
steady expansion of Coast Guard missions has not been 
accompanied by a commensurate growth in the resources needed to 
fully fund those missions, and within the last year the 
Commandant of the Coast Guard has begun speaking openly and 
frankly about the potential need to reduce the number and range 
of new Coast Guard capabilities until they can be properly 
resourced.\7\
---------------------------------------------------------------------------
    \7\ Admiral Robert J. Papp, Jr., U.S. Coast Guard, State of the 
Coast Guard Address, Feb. 10, 2011,http://www.uscg.mil/
seniorleadership/SPEECHES/2011-02-10_State_of_the_Coast_
Guard.pdf.

COAST GUARD RECAPITALIZATION

  At the same time that the Coast Guard is adapting to the 
increased number, diversity, and complexity of missions it is 
being asked to perform, it also continues to pursue its 
critically important, long-term fleet recapitalization program 
for the replacement of its timeworn ships and aircraft. 
Currently, the fleet recapitalization plan contemplates 
replacing the Coast Guard's ten remaining 378-foot High 
Endurance Cutters (HECs), which were commissioned between 1967 
and 1972, with eight 418-foot National Security Cutters (NSCs); 
27 of its 210-foot and 270-foot Medium Endurance Cutters 
(MECs), which were commissioned between 1964 and 1991, with 25 
Offshore Patrol Cutters (OPCs); 41 110-foot Patrol Boats, which 
were commissioned between 1985 and 1992, with 58 154-foot Fast 
Response Cutters (FRCs); and replacing its 10 HU-25 Guardian 
medium-range, fixed-wing aircraft with 36 HC-144A Medium-Range 
Surveillance aircraft.
  The average age of the Coast Guard's HECs, which are widely 
regarded for their versatility and capability of performing a 
variety of missions, is over 40 years--25 years older than the 
average age of Navy ships.\8\ Owing to their advanced age, the 
Coast Guard is only getting roughly 75 percent of the desired 
days out of the HECs because of breakdowns. Furthermore, the 
vessels are reaching an age where many of the parts and 
equipment onboard are no longer in production, and the Coast 
Guard must special-order custom-made replacements at 
significant expense. The HECs are by no means the lone example 
of the challenges associated with the Service's effort to 
maintain its aging fleet. Many other Coast Guard vessels and 
aircraft are struggling with major mission-debilitating 
casualties, resulting loss of operational days, and ever 
increasing maintenance costs.
---------------------------------------------------------------------------
    \8\ Admiral Thad Allen, U.S. Coast Guard, State of the Coast Guard 
Address, Feb. 12, 2010, http://www.uscg.mil/history/allen/speeches/
docs/SOTCG12Feb2010Transcript.pdf.
---------------------------------------------------------------------------
  As the Coast Guard has pursued its sorely needed 
recapitalization program, it has continued to grapple with 
steadily increasing total cost estimates and slipping timelines 
for completion. In 1998, the Coast Guard's initial estimated 
cost for the Deepwater recapitalization program was $17 
billion, with an estimated delivery date for all new and 
retrofitted assets of 2018. In February 2005, following its 
move from DOT to DHS, the Coast Guard submitted a revised 
Deepwater implementation plan to Congress to address increased 
costs and account for new security capabilities and missions. 
Under this revised plan, which was approved by DHS in May 2007, 
the overall program cost increased to $24.2 billion, with the 
final assets scheduled for delivery in 2027. In July of 2011, 
the latest in a series of Government Accountability Office 
(GAO) reports examining the recapitalization program estimated 
that the total acquisition cost could ultimately be as much as 
$29.3 billion.\9\ Furthermore, GAO warned that additional 
program cost growth is looming because the Coast Guard has yet 
to develop and submit revised baselines for every asset-type it 
will acquire--most notably the OPC, which GAO calls the largest 
cost driver in the entire program.\10\ The Committee continues 
to be concerned that the current rate at which aging Coast 
Guard assets are being replaced cannot keep pace with the rate 
at which current ships and aircraft are reaching the end of 
their service lives. This situation, if left unaddressed, will 
force the Coast Guard to make operational tradeoffs that have 
the potential to create gaps in mission readiness.
---------------------------------------------------------------------------
    \9\ U.S. Gov't Accountability Office, Coast Guard: Action Needed as 
Approved Deepwater Program Remains Unachievable 10 (2011).
    \10\ Id.

ARCTIC & ICE OPERATIONS

  While the fleet recapitalization program does not currently 
include within its scope the Service's polar icebreaking 
facilities, these fleet assets also are at or near the end of 
their useful service lives. The Coast Guard is required by law 
to develop, maintain, and operate the Nation's icebreaking 
fleet in the polar regions, but with aging assets and sparse 
resources the Service faces serious challenges in executing 
tasks necessary to perform its statutory missions in the Arctic 
and Antarctic. These challenges come just as the evidence is 
now undeniable that drastic environmental changes are occurring 
in the polar regions, and particularly in the Arctic. Reduced 
extent of sea ice in the Arctic is leading to a significant 
increase in commercial and non-commercial activity in the 
Arctic waters. New shipping routes that were previously frozen 
solid and unnavigable are now being used by vessels of foreign 
nations to reduce transit times.
  In recent years, as changes in the polar regions have become 
more readily apparent, U.S. attention to Arctic issues has 
increased significantly. On January 9, 2009, President Bush 
signed a presidential directive establishing a new U.S. policy 
for the Arctic region.\11\ This policy directive was issued as 
National Security Presidential Directive 66/Homeland Security 
Presidential 25 (NSPD 66/HSPD 25) and superseded a 1994 
presidential directive on Arctic policy. The directive states 
that the United States is an Arctic nation and it is the policy 
of the United States to: meet national security and homeland 
security needs relevant to the Arctic region; protect the 
Arctic environment; ensure natural resource management and 
economic development in the region; strengthen institutions for 
cooperation among the eight Arctic nations; involve the 
Arctic's indigenous communities in decisions; and enhance 
scientific monitoring and research. In carrying out this policy 
as it relates to national security and homeland security 
interests in the Arctic, it directs the Secretaries of State, 
Defense, and Homeland Security, in coordination with the heads 
of other relevant executive departments and agencies, to:
---------------------------------------------------------------------------
    \11\ National Security Presidential Directive 66/Homeland Security 
Presidential Directive 25 (Jan. 9, 2009).

           develop greater capabilities and capacity, 
        as necessary, to protect U.S. air, land, and sea 
---------------------------------------------------------------------------
        borders in the Arctic region;

           increase Arctic maritime domain awareness in 
        order to protect maritime commerce, critical 
        infrastructure, and key resources;

           preserve the global mobility of U.S. 
        military and civilian vessels and aircraft throughout 
        the Arctic region;

           project a sovereign U.S. maritime presence 
        in the Arctic in support of essential U.S. interests; 
        and

           encourage the peaceful resolution of 
        disputes in the Arctic region.

  In October 2009, the U.S. Navy released the U.S. Navy Arctic 
Roadmap, which is intended to guide the Navy on policy, 
strategy, and investments relating to the changing Arctic.\12\ 
The roadmap contemplates a number of strategic drivers, 
including national policy guidance, the changing Arctic 
environment, the potential increase in natural resource 
extraction and inter- and intra-Arctic shipping, the activities 
and interests of other Arctic nations, past and present Navy 
experiences in the Arctic, and current fleet capabilities and 
limitations for Arctic operations. The goal of the roadmap is 
to ensure naval readiness and capability, and to promote 
maritime security in the Arctic region. Key elements of the 
plan include increasing operational experience, promoting 
cooperative partnerships, and improving environmental 
understanding. Recommendations from the roadmap include an 
assessment of Navy readiness for operating under harsh Arctic 
conditions, with a methodical review of current capabilities 
and gaps; the continuation of Arctic and sub-Arctic training 
exercises, including joint search and rescue, humanitarian 
assistance, and disaster relief exercises with the Coast Guard; 
and investments in sensors and platforms to expand Arctic 
maritime domain awareness, including more robust environmental 
sensors to support enhanced modeling that will lead to better 
predictive capabilities.
---------------------------------------------------------------------------
    \12\ U.S. Navy Arctic Roadmap 2009.
---------------------------------------------------------------------------
  In May 2010, President Obama signed the National Security 
Strategy which lays out a strategic approach for advancing 
American interests, including the security of the American 
people, a growing U.S. economy, support for U.S. values, and an 
international plan to address future challenges. In this 
strategy, the President notes that the United States is an 
Arctic nation with broad and fundamental interests in the 
Arctic region, where we seek to meet our national security 
needs, protect the environment, responsibly manage resources, 
account for indigenous communities, support scientific 
research, and strengthen international cooperation on a wide 
range of issues.\13\
---------------------------------------------------------------------------
    \13\ National Security Strategy (May, 2010), http://
www.whitehouse.gov/sites/default/files/rss_viewer/
national_security_strategy.pdf.
---------------------------------------------------------------------------
  The Committee has long been, and continues to be, concerned 
that the Nation is in jeopardy of losing the fundamental polar 
operational capabilities necessary to successfully pursue these 
important strategy and policy goals.
  Prior to 1965, icebreaking needs for our Nation were provided 
by the Navy. In 1965, the Navy permanently transferred 
responsibility for the operation of icebreakers and 
responsibility for mission requirements in the polar regions to 
the Coast Guard. The Navy has stated that the Arctic is 
critical to national defense, and that maintaining a continued 
presence in the region on the surface, subsurface, and in the 
air is required.\14\
---------------------------------------------------------------------------
    \14\ U.S. Navy Arctic Roadmap 6 (2009).
---------------------------------------------------------------------------
  Today, the Federal Government owns only three polar 
icebreakers--the Coast Guard Cutters HEALY (WAGB-20), POLAR SEA 
(WAGB-11), and POLAR STAR (WAGB-10). Currently, only the HEALY, 
a ``medium'' polar icebreaker is capable of operating in the 
Arctic, but not the Antarctic. The POLAR STAR, one of two 
``heavy'' polar icebreakers capable of operating in either 
polar region, has been maintained in ``caretaker'' status since 
2006. It is currently undergoing a service life extension in 
order to be reactivated, but it will not be operational until 
January 2013, at the earliest. This refurbishment will only 
extend its service life to 2020. The POLAR SEA, the other of 
the two heavy polar icebreakers, received a service life 
extension in the early 2000s which should have extended its 
useful service life through 2015. In the summer of 2010, 
possibly due to a modification to the original configuration of 
its diesel engines made during its service life extension, the 
POLAR SEA encountered accelerated engine wear which required it 
to enter emergency dockside repair. In February 2011, the 
President's proposed budget for the Coast Guard for FY 2012 
included plans to decommission the POLAR SEA.
  With no heavy icebreaker and only one medium icebreaker, U.S. 
capabilities in the polar regions stand in stark contrast to 
the icebreaking capability of other nations in the Northern 
Hemisphere. Most notably, Russia has twenty-five icebreakers--
eight of which are heavy icebreakers--and is using them to 
assert sovereign control over the Arctic region and its many 
valuable resources. Other Arctic countries with significant 
icebreaking capability include Finland, with seven icebreakers; 
Sweden, with seven; and Canada, with six. In this regard, it is 
worth noting that a May 21, 2008, letter to the Chairman of the 
Joint Chiefs of Staff, the Commander of the U.S. Northern 
Command, the Commander the U.S. Transportation Command, and the 
Commander of the U.S. Pacific Command emphatically stated, ``To 
assert our interests in these regions, the United States needs 
assured access with reliable icebreaking ships''.\15\ This 
letter also stated that the icebreakers were essential 
instruments of the U.S. policy in the polar regions and 
included recommendations for the construction of new polar 
icebreakers for the Coast Guard and adequate funding to keep 
existing icebreakers ready and viable.
---------------------------------------------------------------------------
    \15\ Letter from General Victor E. Renuart, General Norton A. 
Schwartz, and Timothy J. Keating to General James E. Cartwright (May 
21, 2008).
---------------------------------------------------------------------------
  Since 2007, the Coast Guard has been studying the full range 
of capabilities needed for the Service to meet its statutory 
mission requirements and the requirements issued by the U.S. 
Navy in the polar regions, identifying gaps in mission 
capabilities in the regions and the number and types of 
assets--including polar icebreakers--needed to close the gaps. 
In 2007, the National Research Council of the National 
Academies (NRC) issued a report which concluded that 
``[n]ational interests in the polar regions require that the 
United States immediately program, budget, design, and 
construct two new polar icebreakers to be operated by the U.S. 
Coast Guard,'' and that ``[t]o provide continuity of U.S. 
icebreaking capabilities, the POLAR SEA should remain mission 
capable and the POLAR STAR should remain available for 
reactivation until the new polar icebreakers enter 
service.''\16\
---------------------------------------------------------------------------
    \16\ Nat'l Research Council of the Nat'l Academies, Polar 
Icebreakers in a Changing World 100-101 (2007).
---------------------------------------------------------------------------
  Following the publication of the NRC report, in 2008 Congress 
directed the Coast Guard to undertake its own study of 
icebreaking and other capabilities needed to fulfill its 
statutory missions in the polar regions, known as the High 
Latitude Study (HLS). On July 20, 2011, the HLS was provided to 
Congress. It concludes that, in order to fulfill Coast Guard 
statutory missions in both polar regions, the Coast Guard 
requires three heavy and three medium icebreakers. Furthermore, 
the study concludes that, in order to fulfill its statutory 
missions in the polar regions and maintain the continuous 
presence requirements of the Navy's Naval Operations Concept, 
the Coast Guard requires six heavy and four medium icebreakers.
  On October 15, 2010, the President signed into law the Coast 
Guard Authorization Act of 2010 (CGAA). The CGAA included a 
mandate that the Coast Guard require a non-governmental, 
independent third party with extensive experience in the 
analysis of military procurements to conduct a comparative 
cost-benefit business case analysis (BCA) of rebuilding the 
existing fleet of polar icebreakers on the one hand, and 
constructing new polar icebreakers on the other.\17\ Included 
in the scope of the required BCA was a comparative treatment of 
the costs and benefits associated with the operation of such 
assets by the Coast Guard versus their operation by the 
National Science Foundation.\18\ The BCA, which was provided to 
the Committee on November 2, 2011, contains the following 
summary findings:
---------------------------------------------------------------------------
    \17\ Coast Guard Authorization Act of 2010, Pub. L. 111-281  
307(f), 124 Stat. 2905, 2928 (2010).
    \18\ Id.

          In order for the Nation to address its polar 
---------------------------------------------------------------------------
        icebreaker shortfall, this analysis concludes:

           The polar icebreaker fleet should be 
        recapitalized by constructing new heavy polar 
        icebreakers for operation by the Coast Guard.

           The acquisition of heavy polar icebreakers 
        within the existing Coast Guard budget would have 
        significant adverse impact on all Coast Guard 
        activities.

           Given the age of the Polar Star, and based 
        on inspection records and ship visits, there is risk to 
        assume Polar Star can remain fully operational until at 
        least 2020 once it completes its revitalization.

           The design-build timetable for a new heavy 
        icebreaker, even under an aggressive schedule, is at 
        best eight years. It is paramount that planning and 
        budgeting begin immediately.

          The recapitalization of the polar icebreaker fleet 
        cannot be funded within the Coast Guard budget. The 
        requirement for full up-front funding places undue 
        pressure on the acquisition of major assets. Even if 
        such requirements can be waived; the Coast Guard budget 
        does not have the tradespace for incremental funding of 
        polar icebreakers.
           . . .
          An approach that should be considered is that which 
        was used for the icebreaker Healy. After the 
        Administration identified the need for one additional 
        Coast Guard icebreaker, $329 million was appropriated 
        for the ``Coast Guard icebreaker ship program'' in the 
        FY 1990 Department of Defense (DOD) Budget (Pub. L. 
        101-165 of November 21, 1989). There is considerable 
        strain on the DOD budget, thus a means to relieve that 
        stress would be to provide relief from the requirement 
        for full up-front funding such as used for the U.S. 
        Navy's Aircraft Carrier procurements which would reduce 
        single year funding impacts.\19\
---------------------------------------------------------------------------
    \19\ ABS Consulting, U.S. Polar Icebreaker Recapitalization, A 
Comprehensive Analysis and Its Impacts on U.S. Coast Guard Activities 
VI-VII (2011).

  Notably, although not required by the congressional mandate, 
the BCA includes a treatment of the costs and benefits of 
leasing polar icebreakers. The BCA identifies a number of 
drawbacks to the leasing option, the most notable of which is 
---------------------------------------------------------------------------
the following:

        Finally, the lack of a currently existing domestic 
        commercial vessel capable of meeting requirements 
        reduces available options to Purchase and Build-to-
        Lease. A theoretical Cost-Benefit Analysis comparison 
        of Build-to-Lease versus Purchase suggests that the 
        lease option may actually be more costly at reasonable 
        profit rates (12 percent) over the expected 30-year 
        life of the asset.\20\
---------------------------------------------------------------------------
    \20\ Id. L-1.

  The Committee wishes to express its agreement with the 
conclusions of the NRC report, the HLS, and the BCA. It is of 
critical importance to our present and future national 
interests to, at a bare minimum, maintain the Coast Guard's 
current polar icebreaking fleet, thereby maintaining its 
operational capabilities in the polar regions. Indeed, the 
Committee notes that this is required under current law. The 
Coast Guard is required by its organic statute to ``develop, 
establish, maintain, and operate, with due regard to the 
requirements of national defense . . . ice-breaking facilities 
. . . for the promotion of safety on, under, and over the high 
seas and waters subject to the jurisdiction of the United 
States.''\21\ The Homeland Security Act of 2002 reiterates this 
and related duties of the Coast Guard by specifying ice 
operations as one of the Service's 11 statutory missions.\22\ 
Furthermore, the Homeland Security Act clearly states that 
``the authorities, functions, and capabilities of the Coast 
Guard to perform its missions shall be maintained intact and 
without significant reduction after the transfer of the Coast 
Guard to the Department [of Homeland Security], except as 
specified in subsequent Acts,'' and ``[t]he Secretary may not 
substantially or significantly reduce the missions of the Coast 
Guard or the Coast Guard's capability to perform those 
missions, except as specified in subsequent Acts.''\23\ Far 
from specifying any reduction in the Coast Guard's polar 
icebreaking assets, Congress has consistently supported 
maintaining the Service's polar icebreakers.\24\ As Coast Guard 
mission demands continue to evolve and increase concomitant 
with increased human activity in the changing polar regions, 
the importance of Coast Guard polar icebreaking capability 
adequate to meet those demands cannot be overstated. Without 
that capability, the Coast Guard cannot remove navigational 
hazards in order to maintain maritime mobility and safety of 
life and property at sea. It cannot assist or escort vessels in 
distress, or those beset or stranded in ice.
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    \21\ 14 U.S.C.  2 (2010).
    \22\ 6 U.S.C.  468(a) (2010).
    \23\ 6 U.S.C.  468(c) & (e) (2010).
    \24\ See Coast Guard and Maritime Transportation Act of 2006, Pub. 
L. 109-241,  210 (2006) (requiring, inter alia, that: (1) the Coast 
Guard formulate a plan for the operation and maintenance after fiscal 
year 2006 of the POLAR STAR, POLAR SEA, and HEALY, and for the long-
term recapitalization of those assets; and (2) the Secretary of the 
department in which the Coast Guard is operating take all necessary 
measures to ensure that the Coast Guard maintains, at a minimum, its 
current vessel capacity for carrying out ice breaking in the Arctic and 
Antarctic, Great Lakes, and New England regions); H. Comm. on 
Appropriations, 110th Cong., Consolidated Security, Disaster 
Assistance, and Continuing Appropriations Act, 2009, at 646 (Comm. 
Print 2008) (appropriating $30,300,000 for fiscal year 2009 to 
reactivate the POLAR STAR for an additional seven to ten years of 
service life); and H. Rep. No. 111-298, at 89 (2009) (Conf. Rep.) 
(providing an additional $32,500,000 in fiscal year 2010 to complete 
the reactivation and service life extension of the POLAR STAR).

MARINE ENVIRONMENTAL PROTECTION

  Another critical mission of the Coast Guard is its statutory 
mission of marine environmental protection (MEP). The Coast 
Guard is designated by the President as the Federal On-Scene 
Coordinator (FOSC) for all oil spills other than inland spills, 
under the National Contingency Plan. To understand the 
importance of the MEP mission and the Coast Guard's leadership 
role as the FOSC for coastal and marine spill response, one 
need look no further than the explosion of the mobile offshore 
drilling unit DEEPWATER HORIZON and resulting crude oil leak in 
the Gulf of Mexico in 2010.
  On April 20, 2010, the DEEPWATER HORIZON suffered an 
explosion after capping an exploratory oil well 42 miles 
southeast of Venice, Louisiana. The explosion originated from a 
methane gas build-up within the well, which shot up and out of 
the drill column and ignited upon reaching the platform. Most 
of the rig's workers were able to evacuate the platform as it 
burned; however, 11 workers were never found. Following the 
sinking of the rig, it was discovered that oil was gushing from 
the unsecured well about 5,000 feet below the water's surface 
and a leak began to spread at the site. By July 15, when the 
gushing wellhead was finally capped--nearly three months after 
the spill began--approximately 4.9 million barrels (205,800,000 
gallons) of crude oil had been released into the Gulf of Mexico 
in the largest accidental marine oil spill in history.
  As the FOSC for the DEEPWATER HORIZON disaster, the Coast 
Guard was called upon to direct and coordinate an effective 
response, sustained over the course of several months, to a 
subsea crude oil leak of almost inconceivable proportions. 
While the Service appears to have met this challenge without 
any significant gaps in operational capabilities elsewhere, it 
is clear from the demands placed on it in responding to this 
catastrophic event that the Coast Guard must have the 
authorities and resources necessary to support the full range 
of Coast Guard capabilities in support of the MEP mission. 
Furthermore, it is crucial that the Coast Guard have the 
autonomy and flexibility to stage those resources as necessary 
to most effectively and efficiently employ them in a given MEP 
response operation. As an example, the ability to assign 
national response functions and staff throughout the Coast 
Guard, rather than maintaining a National Strike Force 
Coordination Center in one physical location, would promote 
increased flexibility, responsiveness, efficiency, and cost 
savings.
  The DEEPWATER HORIZON oil spill has also highlighted the need 
for improved basic oceanographic research and the research and 
development of new oil spill response and removal technologies. 
Oceanographic and meteorological observations provide data that 
contribute to a greater understanding of ocean surface current 
flows. This, in turn, increases the accuracy of oil spill 
trajectory models, which are critical to the oil spill response 
effort. Acquiring this data over long time periods improves 
prediction accuracy, so resources can be mobilized in the right 
place at the right time. More innovative technologies, such as 
unmanned maritime vehicles (UMVs) and self-propelled ocean 
gliders improve the understanding of the ocean. The UMVs can 
collect ocean data over long distances while providing real-
time data telemetry to undersea sensors. This information can 
include oxygen content, temperature, wave height, density and 
presence (or absence) of hydrocarbons and other sensors that 
can aid in accurate underwater plume mapping and the assessment 
of the health of underwater habitats. The Committee supports 
the use of UMVs and other cost-saving maritime technologies to 
complement and enhance the Coast Guard's MEP capabilities, 
especially such technologies which also have potential 
applications in other Coast Guard missions, such as search and 
rescue; ports, waterways, and coastal security; drug 
interdiction; and migrant interdiction.

                         Summary of Provisions

  S. 1665, as reported, would authorize appropriations for the 
Coast Guard accounts covered in the bill totaling approximately 
$10.112 billion for each of FY 2012 and FY 2013, and would 
authorize an end-of-year strength for active duty personnel of 
47,000 for FY 2012 and 49,350 for FY 2013. The bill would 
mandate that all budget authority for the operation and 
maintenance of Coast Guard vessels, aircraft, systems, aids to 
navigation, infrastructure, and any other Coast Guard assets be 
allocated to the Coast Guard. The bill would make a number of 
refinements to Coast Guard authorities relating to its ice 
operations mission, the most important of which would be to 
make the Coast Guard the sole provider of polar icebreaking 
services to agencies of the Federal Government, and require the 
Secretary of Homeland Security to ensure that the Coast Guard 
continues to operate a minimum of one medium and two heavy 
polar icebreakers as part of its fleet. The bill would extend 
the current authority for expedited hiring of major 
acquisitions experts to work on the Coast Guard's ongoing fleet 
recapitalization efforts from the current 2012 deadline to 
2015. The bill would also authorize the Coast Guard advance 
procurement funding authority for the purchase of new ship 
construction materials, parts, and components that have a long 
``lead time'' for their manufacture or production.

                          Legislative History

  S. 1665 was introduced on October 6, 2011, by Senator Begich, 
and was referred to the Committee on Commerce, Science, and 
Transportation. Senator Rockefeller and Senator Snowe are 
original cosponsors of the legislation. On November 2, 2011, 
the Committee ordered that S. 1665 be reported with an 
amendment in the nature of a substitute.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:
                                                  January 13, 2012.
Hon. John D. Rockefeller IV,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1665, the Coast 
Guard Authorization Act for Fiscal Years 2012 and 2013.
    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.

S. 1665--Coast Guard Authorization Act for Fiscal Years 2012 and 2013

    Summary: S. 1665 would amend various laws that govern the 
activities of the United States Coast Guard (USCG). The bill 
also would authorize appropriations totaling about $19 billion, 
primarily for ongoing USCG operations during 2012 and 2013 
($8.5 billion has already been appropriated for fiscal year 
2012). As a result, CBO estimates that appropriating the 
additional amounts specifically authorized by the bill and 
additional amounts estimated to be necessary would cost about 
$9.1 billion over the 2013-2017 period.
    The bill also would increase the authority of the Coast 
Guard to receive direct appropriations from the Oil Spill 
Liability Trust Fund (OSLTF) in the event of a significant oil 
spill in United Stales waters. As a result, the bill would 
increase direct spending by $3 million over the 2012-2021 
period, CBO estimates; therefore, pay-as-you-go procedures 
apply.
    Enacting the bill could result in the collection of 
additional criminal or civil penalties because it would 
establish new penalties for certain violators of environmental 
law. Penalties are recorded as revenues and deposited in the 
U.S. Treasury. However, based on the small number of cases 
involved, CBO estimates that such collections would be minimal 
and the effect on revenues would be insignificant.
    S. 1665 contains intergovernmental and private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
because it would increase the costs of complying with existing 
mandates related to active-duty personnel in the Coast Guard. 
The bill would impose additional private-sector mandates on 
owners and operators of vessels. CBO estimates that the 
aggregate cost of complying with the mandates would fall below 
the annual thresholds established in UMRA for intergovernmental 
and private-sector mandates ($73 million and $146 million, 
respectively, in 2012, adjusted annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1665 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     2017   2012-2017
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

United States Coast Guard Authorizations:
    Authorization Levela.......................      119    8,645        0        0        0        0     8,764
    Estimated Outlays..........................       19    5,989    1,494      533      331      156     8,522
Polar Ice Breakers:
    Estimated Authorization Level..............        0    1,750        0        0        0        0     1,750
    Estimated Outlays..........................        0       50      100      100      100      200       550
Seafarers Fund:
    Authorization Level........................        2        2        2        0        0        0         5
    Estimated Outlays..........................        *        2        2        1        0        0         5
    Total Changes:
        Estimated Authorization Level..........      121   10,397        2        0        0        0    10,520
        Estimated Outlays......................       19    6,041    1,596      634      431      356     9,077

                                           CHANGES IN DIRECT SPENDING

Oil Spill Liability Trust Fundb
    Estimated Budget Authority.................        *        *        *        *        *        *         1
    Estimated Outlays..........................        *        *        *        *        *        *         1

                                               CHANGES IN REVENUES

Estimated Revenues.............................        *        *        *        *        *        *        *
----------------------------------------------------------------------------------------------------------------
Note: * = less than $500,000.
aThe level for 2012 is the additional amount necessary to reach the total authorization under the bill. To date,
  about $8.5 billion has been appropriated for ongoing Coast Guard activities in 2012.
bCBO estimates that direct spending under S. 1665 would total $3 million over the 2012-2022 period.

    Basis of estimate:

Spending Subject to Appropriation

    For this estimate, CBO assumes that S. 1665 will be enacted 
in fiscal year 2012 and that the amounts authorized by the bill 
will be appropriated for each year. Estimated outlays are based 
on historical spending patterns for authorized activities.
    CBO estimates that appropriating the amounts authorized by 
the bill and estimated to be necessary would cost about $9.1 
billion over the 2012-2017 period. The cost estimate does not 
include $90 million in spending by the USCG that would be 
derived from the OSLTF for operating and research expenses 
because that amount is already authorized under existing law.
    USCG Authorizations. S. 1665 would authorize funding for 
ongoing USCG activities for 2012 and 2013. Specifically, the 
bill would authorize the appropriation of about $17.3 billion 
for USCG operations (including about $14 billion for operations 
and maintenance, $2.8 billion for capital acquisitions, $274 
million for reserve training, $40 million for research 
programs, $34 million for environmental compliance, and $32 
million for construction on certain bridges). Those activities 
received appropriations totaling about $8.5 billion in 2012. 
The bill would authorize $8.6 billion for 2012, leaving a 
remaining authorization level for 2012 of $119 million. The 
bill also would extend the Coast Guard's authority to expedite 
the hiring of certain personnel in areas where there are 
staffing shortages and would give the Coast Guard additional 
flexibility in procurement. Assuming appropriation of the 
amounts specified in the bill for 2013, CBO estimates that 
implementing those provisions of S. 1665 would cost $8.5 
billion over the 2012-2017 period.
    The bill also would authorize the appropriation of about 
$1.4 billion for Coast Guard retirement benefits in fiscal year 
2012 and about $1.5 billion for such benefits in fiscal year 
2013, but those amounts are excluded from this estimate because 
such benefits are considered an entitlement under current law 
and are not subject to appropriation. Thus, authorizing the 
appropriation of those amounts would have no additional 
budgetary impact.
    Polar Ice Breakers. Section 403 would require the USCG to 
acquire and maintain at least two vessels capable of breaking 
up heavy ice. Currently, the USCG has no such vessels in 
operation but is rehabilitating one vessel to provide such 
capabilities until 2020. The design and construction of a new 
icebreaker would take 8 to 10 years. As a result, the USCG 
would require appropriations to procure a vessel many years 
before that vessel is expected to be in service. Based on 
information from the USCG, building two polar icebreakers would 
cost about $1.8 billion ($875 million per vessel). CBO 
estimates that the Coast Guard would spend about a third of the 
construction funds ($550 million) over the 2013-2017 period.
    Seafarers Fund. Section 502 would authorize the 
appropriation of $1.5 million per year over the 2012-2014 
period to support certain seamen who are required to remain in 
the United States as witnesses in judicial proceedings and who 
are not financially supported by the owner of their vessel or 
who were abandoned by their vessel. Based on information from 
the Coast Guard, CBO estimates that enacting the provisions of 
section 502 would cost about $5 million over the 2012-2017 
period.

Direct Spending

    Section 602 of the bill would authorize certain 
administrative costs to process claims to be taken from the 
OSLTF in cases where the President declares a future oil-spill 
incident to be a ``spill of national significance.'' Under 
current law, the federal administrative costs to process claims 
are subject to appropriation. (In recent years, the USCG has 
received an appropriation of about $25 million for such 
activities.) Since 1990, there have been two oil spills of 
national significance. While the frequency of major spills 
remains subject to a great deal of uncertainty, CBO estimates 
that there will be few major spills in future years. The 
probability of such a spill in any given year is small but not 
zero. As a result, CBO estimates that implementing this 
provision would not increase direct spending by significant 
amounts in any one year; over the 2012-2022 period, we estimate 
that such spending would total about $3 million on an expected-
value basis.

Revenues

    Enacting the bill could result in the collection of 
additional civil or criminal penalties because it would 
establish new penalties for certain violators of environmental 
law. Those penalties would be deposited into the Seafarers Fund 
if the balances in that fund were below $5 million. Penalties 
are recorded as revenues and deposited in the U.S. Treasury. 
However, based on the small number of cases involved, CBO 
estimates that such collections would be minimal and the effect 
on revenues would be insignificant.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays and revenues that are 
subject to those pay-as-you-go procedures are shown in the 
following table.

  CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 1665 AS ORDERED REPORTED BY THE SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ON NOVEMBER 2,
                                                                          2011
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               By Fiscal Year, in Millions of Dollars
                                           -------------------------------------------------------------------------------------------------------------
                                             2012    2013    2014    2015    2016    2017    2018    2019    2020    2021    2022   2012-2017  2012-2022
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT

Statutory Pay-As-You-Go Impact............       0       0       0       0       0       0       0       0       0       0       0         1          3
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: S. 1665 
contains intergovernmental and private-sector mandates as 
defined in UMRA because it would increase the costs of 
complying with existing mandates related to active-duty 
personnel in the Coast Guard. The bill would impose additional 
private-sector mandates on owners and operators of vessels. CBO 
estimates that the aggregate cost of complying with the 
mandates would fall below the annual thresholds established in 
UMRA for intergovernmental and private-sector mandates ($73 
million and $146 million, respectively, in 2012, adjusted 
annually for inflation).

Mandates that Apply to Both Public and Private Entities

    The bill would increase the costs of complying with 
existing intergovernmental and private-sector mandates by 
increasing the number of active-duty personnel in the Coast 
Guard. The additional personnel would be eligible for 
protections under the Servicemembers Civil Relief Act (SCRA). 
Under SCRA, servicemembers have the right to maintain a single 
state of residence for purposes of paying state and local 
personal income taxes. They also have the right to request a 
deferral in the payment of certain state and local taxes and 
fees. In addition, SCRA requires creditors to charge no more 
than 6 percent interest on servicemembers' obligations when 
such obligations predate active-duty service and allows courts 
to temporarily stay certain civil proceedings, such as 
evictions, foreclosures, and repossessions. Extending these 
existing protections to additional servicemembers would 
constitute mandates as defined in UMRA and could result in lost 
revenues to public and private entities.
    The number of active-duty servicemembers covered by SCRA 
would increase by less than 1 percent, CBO estimates. 
Servicemembers' utilization of the various provisions of the 
SCRA depends on a number of uncertain factors, including how 
often and how long they are deployed. CBO expects, however, 
that relatively few of the added servicemembers would take 
advantage of the deferrals in certain state and local tax 
payments; thus, the lost revenues to those governments would be 
insignificant. Moreover, because the increase in the number of 
active-duty servicemembers covered by SCRA would be so small, 
CBO expects that the increased costs for private-sector 
entities also would be small.

Mandates that Apply to Private Entities Only

    The bill would impose a mandate by accelerating 
requirements related to oil spill response in the Puget Sound. 
Current law requires the Coast Guard to initiate a rulemaking 
that would modify the definition of the ``higher volume port 
area'' to move the western boundary of the higher volume port 
area in the Strait of Juan de Fuca. Modifying the definition 
will expand the area covered by various federal oil spill 
response regulations. The bill would codify the modified 
definition and make any requirements related to oil spill 
response applicable on July 1, 2012. By doing so, the bill 
would probably require private entities to comply with the 
existing requirements related to oil spill responses in higher 
volume port areas earlier than currently anticipated. According 
to industry sources, much of the industry already complies with 
the requirements for higher volume ports and the additional 
cost to comply with those requirements sooner than under 
current law would be small.
    The bill also would require ship owners to pay certain 
expenses of seamen who are abandoned under the conditions 
specified in the bill. The bill would require ship owners who 
do not pay those expenses to reimburse the Support of Seafarers 
Fund the total amount paid from the fund to support the seamen, 
plus a surcharge of 25 percent.
    According to industry sources, situations in which ship 
owners would have to pay such expenses are rare, and payments 
would probably be low. Therefore, CBO estimates that the cost 
to ship owners to comply with this mandate would be minimal.
    Previous CBO estimate: On September 30, 2011, CBO 
transmitted a cost estimate for H.R. 2838, the Coast Guard and 
Maritime Transportation Act of 2011, as ordered reported by the 
House Committee on Transportation and Infrastructure. That bill 
also authorized programs operated by the Maritime 
Administration and the Federal Maritime Commission and would 
cost about $24.4 billion over the 2012-2016 period, CBO 
estimates. The CBO cost estimates reflect the different 
provisions in those legislative proposals. In addition, CBO's 
estimate for H.R. 2838 was completed before appropriations for 
2012 were enacted. This estimate (for S. 1665) reflects such 
appropriations.
    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.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  S. 1665 as reported by the Committee would authorize 
appropriations to continue existing Coast Guard programs and 
make a number of changes to current law. The bill would have 
little, if any, regulatory impact.

                            ECONOMIC IMPACT

  S. 1665 would enhance existing Coast Guard statutory 
authorities and authorize funding and levels of military 
strength and training in support of Coast Guard operations and 
activities that positively impact the Nation's economy.

                                PRIVACY

  The bill, as reported, is not expected to impact the personal 
privacy of individuals.

                               PAPERWORK

  The reported bill is not expected to result in increased 
paperwork requirements for individuals or businesses.

                   Congressionally Directed Spending

  In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides the 
following identification of congressionally directed spending 
items contained in the bill, as reported:

------------------------------------------------------------------------
                   Section                      Provision      Member
------------------------------------------------------------------------
Sec. 603                                        Oil spill       Senator
                                                liability        Begich
                                               trust fund
                                               investment
                                                   amount
------------------------------------------------------------------------
------------------------------------------------------------------------

                      Section-by-Section Analysis

Section 1. Short Title.
  This section would provide that the legislation may be cited 
as the ``Coast Guard Authorization Act for Fiscal Years 2012 
and 2013''.

                         title i--authorization

Section 101. Authorization of Appropriations.
  This section would authorize funds to be appropriated as 
follows for FYs 2012 and 2013: $7.078 billion for operating 
expenses for each FY; $1.421 billion for acquisition, 
construction, and improvements (AC&I) for each FY; $19.8 
million for research, development, test, and evaluation (RDT&E) 
for each FY; $1.440 billion for retired pay for FY 2012 and 
such sums as are required for FY 2013; $16 million for 
alteration or removal of bridges for each FY; $16.7 million for 
environmental compliance and restoration for each FY; and 
$136.8 million for the reserve program for each FY.
Section 102. Authorized Levels of Military Strength and Training.
  This section would authorize an end-of-year strength for 
active duty personnel of 47,000 for FY 2012 and 49,350 for FY 
2013. This section also would authorize average military 
training student loads for FYs 2012 and 2013 as follows:

                                 CHART 1
------------------------------------------------------------------------
                                                  FY 2012      FY 2013
                   Training                       Student      Student
                                                   years        years
------------------------------------------------------------------------
Recruit/Special...............................        2,500        2,625
Flight........................................          165          173
Professional..................................          350          368
Officer Acquisition...........................        1,200        1,260
------------------------------------------------------------------------

                         TITLE II--ORGANIZATION

Section 201. Coast Guard Authority to Operate and Maintain Coast Guard 
        Assets.

  This section would amend section 93 of title 14, United 
States Code, to mandate that all authority, including budget 
authority, for the operation and maintenance of Coast Guard 
vessels, aircraft, systems, aids to navigation, infrastructure, 
and any other Coast Guard assets shall be allocated to the 
Coast Guard and the department in which the Coast Guard is 
operating.

Section 202. Clarification of Coast Guard Ice Operations Mission.

  This section would amend chapter 5 of title 46, United States 
Code, to mandate that the Coast Guard be the sole supplier of 
icebreaking services, on an advancement or reimbursable basis, 
to each Federal agency that requires icebreaking services. In 
the event the Coast Guard is unable to provide these services, 
a Federal agency would be permitted to acquire icebreaking 
services from another entity. This section also amends section 
110 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 
4109), and section 312 of the Antarctic Marine Living Resources 
Convention Act of 1984 (16 U.S.C. 2441), to ensure that OMB and 
DHS consider all statutory missions of the Coast Guard when 
allocating funds for icebreaking operations.

                          TITLE III--PERSONNEL

Section 301. Acquisition Workforce Expedited Hiring Authority.

  This section would amend the acquisition workforce expedited 
hiring authority provided in section 404 of the Coast Guard 
Authorization Act of 2010 (124 Stat. 2950), to clarify the term 
``shortage category positions,'' make a technical correction 
addressing the use of the term ``paragraph'' (vice 
``section''), and extend the authority until 2015, consistent 
with DOD authority.

Section 302. Officers Recommended for Promotion.

  This section would make a technical correction to section 259 
of title 14, United States Code, regarding the selection 
process for officers recommended for promotion. The current law 
requires boards to completely review and determine the status 
of all selected and non-selected officers on the promotion list 
before considering any for reordering, a cumbersome process 
that advantages no one and creates the potential for 
administrative or clerical errors. This section would permit 
selection boards to both select officers for promotion and 
``reorder'' them on the selection list at the same time. 
Selection for promotion and reordering are complementary 
processes; doing them concurrently is more efficient than doing 
them sequentially. This section would also improve selection 
board efficiency and reduce the potential for administrative 
errors without compromising fairness for the considered 
population.

Section 303. Original Appointment of Permanent Commissioned Officers.

  This section would define the term ``original'' to eliminate 
the need for Senate confirmation of an officer who leaves and 
returns to the Coast Guard under the Temporary Separation 
Program. When an officer returns to the Coast Guard under the 
Temporary Separation Program, the officer's re-appointment does 
not involve a promotion, and is therefore not ``original'' in 
substance. Nonetheless, due to the fact that the term 
``original'' is not defined in statute, the re-appointment is 
submitted for Senate confirmation. To address this issue within 
the other armed forces, Congress has defined the term 
``original'' to mean the ``most recent appointment . . . that 
is neither a promotion nor a demotion.'' (10 U.S.C. 
101(b)(10)). This section would adopt a substantively identical 
definition for the purposes of section 211 of title 14, United 
States Code. This section also would ensure that members of the 
Coast Guard are, for the purposes of disability determinations, 
treated in the same manner as members of the other armed 
forces.

Section 304. Academy Pay, Allowances, and Emoluments.

  In the case of foreign nationals admitted to the U.S. 
Military Academy, the U.S. Naval Academy, or the U.S. Air Force 
Academy for instruction, the Academies are authorized to pay 
for medical expenses and to recover the cost from the foreign 
national's government (see 10 U.S.C. 4344(b), 6957(b), 
9344(b)). The Coast Guard Academy, however, is not so 
authorized and thus, must require foreign nationals to be 
insured for health care costs. Currently, notwithstanding this 
requirement, some foreign nationals matriculate at the Academy 
without such insurance while others permit such insurance to 
lapse during the course of study. Often, the Academy is unable 
to resolve the issues satisfactorily before a cadet requires 
medical care. To address this disparity, this section would 
amend section 195 of title 14, United States Code, to permit 
the Coast Guard Academy, like the other military academies, to 
pay for medical costs of foreign nationals and recover the same 
from the foreign nationals' governments. Additionally, it would 
make minor conforming amendments to subsections (c) and (d) of 
section 195 of title 14, United States Code, to provide 
consistency in the use of the term ``foreign national'' 
throughout section 195 of title 14, United States Code.

Section 305. Academy Policy on Sexual Harassment and Sexual Violence.

  This section would amend chapter 9 of title 14, United States 
Code, with respect to the Coast Guard Academy policy on sexual 
harassment and sexual violence to bring parity with the U.S. 
Military Academy, the U.S. Naval Academy, and the U.S. Air 
Force Academy. Sections 4361, 6980, and 9361 of title 10, 
United States Code, establish identical policy, survey, and 
reporting requirements for the U.S. Military Academy, the U.S. 
Naval Academy, and the U.S. Air Force Academy, respectively, 
with regard to Federal policy on sexual harassment and sexual 
violence applicable to personnel at the military academies. On 
the other hand, a repealed provision of law (National Defense 
Authorization Act for Fiscal Year 2004, P.L. 108-136,  527, 
117 Stat. 1392, 1468 (2003), repealed by John Warner National 
Defense Authorization Act for Fiscal Year 2007, P.L. 109-364,  
532(c), 120 Stat. 2205 (2006))--which established a like, but 
not identical, policy, survey, and reporting requirement for 
the U.S. Military Academy, the U.S. Naval Academy, and the U.S. 
Air Force Academy served as the basis for the current policy, 
survey, and reporting requirements for cadets and personnel of 
the Coast Guard Academy. The requirements of sections 4361, 
6980, and 9361 of title 10, United States Code, and those of 
the repealed statute are not perfectly aligned. Moreover, the 
manner in which the repealed provision of law is made 
applicable creates ambiguities that frustrate the Coast Guard 
Academy's ability to participate in the DOD-executed survey 
process and harmonize the release of data. To address this 
incongruence, this section would codify language that is 
substantively identical to that of sections 4361, 6980, and 
9361 of title 10, United States Code, as Federal policy on 
sexual harassment and sexual violence applicable to Coast Guard 
Academy personnel.

Section 306. Coast Guard Auxiliarists Enrollment Eligibility.

  This section would amend section 823 of title 14, United 
States Code, to establish parity with active duty Coast Guard 
by permitting non-U.S. citizens who have been granted permanent 
resident status to become members of the Coast Guard Auxiliary. 
Currently, section 823 of title 14, United States Code, limits 
membership in the Coast Guard Auxiliary to citizens of the 
United States and its territories and possessions. Non-U.S. 
citizens who have been granted permanent resident status are, 
however, permitted to serve in the active duty Coast Guard.

                        TITLE IV--ADMINISTRATION

Section 401. Advance Procurement Funding.

  This section would provide the Secretary of the department in 
which the Coast Guard is operating advance procurement funding 
authority in order to permit the acquisition of long lead time 
items for the construction of Coast Guard vessels. This would 
include: materials, parts, components, and effort for the 
vessel; the advance construction of parts or components for the 
vessel; the protection and storage of materials, parts, or 
components for the vessel; and production planning, design, and 
other related support services that reduce the overall 
procurement lead time of the vessel.

Section 402. Multi-Year Procurement Authority for Coast Guard National 
        Security Cutters.

  This section would provide the Secretary of the department in 
which the Coast Guard is operating authority to enter into a 
multi-year contract for the procurement of NSCs and Government-
furnished equipment associated with the NSC program as long as 
the Secretary submits to Congress a certification that such a 
contract will result in substantial savings of total 
anticipated costs of carrying out the program through annual 
contracts.

Section 403. Requirement to Maintain United States Polar Icebreaking 
        Capability.

  This section would require the Secretary of the department in 
which the Coast Guard is operating to acquire not less than two 
polar icebreakers for the Coast Guard either through new 
construction or by rebuilding existing assets. It would 
authorize the appropriation of such sums as are necessary to 
acquire, maintain, and operate the polar icebreakers. This 
section would also prohibit the Commandant of the Coast Guard 
from transferring, relinquishing ownership of, or recycling the 
POLAR STAR or the POLAR SEA. Further, the Coast Guard would not 
be allowed to expend any funds associated with the 
decommissioning of either heavy icebreaker according to this 
section.

Section 404. Forward Operating Facility.

  This section would permit the Secretary of the department in 
which the Coast Guard is operating to construct or lease a 
hangar, a berthing, and messing facilities in the Aleutian 
Island-Bering Sea operating area. The infrastructure in this 
region is very limited and forward operating facilities with 
the capabilities to support aircraft maintenance and provide 
shelter for Coast Guard helicopters would help the Service 
perform its missions in these remote areas.

Section 405. National Response Functions.

  Section 311 of the Federal Water Pollution Control Act (33 
U.S.C. 1321), provides for the establishment of a National 
Response Unit (now commonly known as the National Strike Force 
Coordination Center) and expressly requires that this unit be 
located in Elizabeth City, North Carolina. The Coast Guard is 
seeking the opportunity to gain efficiencies and cost savings 
through distributing National Strike Force Coordination Center 
personnel and functions throughout other elements of the Coast 
Guard's Marine Environmental Response program. The limitations 
of section 311 of that Act, however, do not permit the Coast 
Guard to realize these efficiencies. This section would repeal 
both the statutory references to the Unit and limitations as to 
location while preserving the Secretary's related authority and 
mandates. It would permit the assignment of national response 
functions and staff to Marine Environmental Response program 
elements throughout the Coast Guard.

Section 406. Conforming Amendment.

  This section would repeal a prior study on icebreakers, 
including a mandate on the operation and maintenance, 
reimbursement, and authorization of appropriations.

                    TITLE V--SHIPPING AND NAVIGATION

Section 501. Designation of St. George Harbor as a Harbor of Refuge.

  This section would require the Commandant of the Coast Guard 
to consult with other appropriate Federal agencies, and with 
State and local interests, to determine improvements necessary 
to make the harbor at St. George, Alaska, a fully functional 
harbor of refuge throughout the year. The consultation would be 
required to be completed within one year of the date of 
enactment of the Act.

Section 502. Protection and Fair Treatment of Seafarers.

  This section would create a legal and fiscal remedy for two 
intractable, often interrelated problems: humanitarian relief 
for seafarers abandoned in the United States and support of 
seafarers who are witnesses to maritime-related crimes. In both 
instances, this section would allow the Secretary of the 
department in which the Coast Guard operates to draw from a 
special fund to pay necessary support for abandoned seafarers, 
including seafarers who are witnesses in Coast Guard 
investigations and subsequent proceedings. Under current law, 
the Coast Guard has limited ability to assist abandoned 
seafarers, including those whose testimony is necessary for an 
investigation.

Section 503. Delegation of Authority.

  This section would amend section 3316 of title 46, United 
States Code, to eliminate a loophole in the law that allows the 
foreign-based classification societies that represent the 
United States to also represent the governments of countries 
designated by the Secretary of State as a State Sponsor of 
Terrorism. It would prohibit the Secretary of Homeland Security 
and U.S. Coast Guard from delegating vessel inspection and 
certification authority to a foreign-based classification 
society that also provides these services to or on behalf of 
the governments of countries designated by the Secretary of 
State as a State Sponsor of Terrorism.

Section 504. Report on Establishment of Arctic Deep Water Port.

  This section would require the Coast Guard to conduct a study 
on the feasibility and potential of establishing a deep water 
sea port in the Arctic to protect and advance U.S. strategic 
interests within the Arctic region. The report of findings 
shall be submitted to Congress not later than one year after 
the date of enactment.

Section 505. Risk Analysis of Transporting Canadian Tar Sands.

  This section would require the Commandant of the Coast Guard 
to assess the increased vessel traffic in the Salish Sea 
(including the Puget Sound, the Strait of Georgia, Haro Strait, 
Rosario Strait, and the Strait of Juan de Fuca) that may occur 
from the transport of Canadian tar sands oil. It would require 
that this assessment include, at a minimum, certain specific 
considerations, such as potential for increased tank barge and 
tank vessel traffic, spill response capability in shared water 
of the United States and Canada in the Salish Sea, vessel 
emergency response towing capability at the Entrance to the 
Strait of Juan de Fuca, tug escort requirements for laden tank 
vessels, and a risk assessment of the increasing tank vessel 
and tank barge traffic associated with Canadian tar sands 
development. In conducting the required analysis, the 
Commandant would be required to consult with affected State and 
tribal governments, and would also be strongly encouraged to 
consult with the Secretary of State. The Commandant would be 
required to submit recommendations based on the analysis to 
this Committee and the Committee on Transportation and 
Infrastructure of the House of Representatives not later than 
180 days after the date of enactment of this Act, and to 
consider in those recommendations a full range of options to 
manage any increased maritime traffic and minimize any 
increased likelihood of an oil spill, including legislation, 
rulemaking, and cooperative agreements for shared funding of 
spill prevention and response systems.

                        TITLE VI--MISCELLANEOUS

Section 601. Conveyance of Decommissioned Coast Guard Cutter STORIS.

  This section would authorize the conveyance of the 
decommissioned Coast Guard Cutter STORIS to the Storis Museum 
in Juneau, Alaska, provided: the museum agrees to use the 
vessel as a historic memorial; the cutter is made available to 
the public as a museum; the museum works cooperatively with 
other museums to provide education and memorialize the maritime 
heritage of the STORIS and other maritime activities in Alaska, 
the Pacific Northwest, the Arctic Ocean, and adjacent oceans 
and seas; the vessel is not used for commercial transportation 
purposes; the vessel is made available to the Federal 
Government if needed for use by the Commandant in time of war 
or national emergency; the museum holds the Federal Government 
harmless for any claims arising from exposure to hazardous 
materials; and the museum agrees to any other conditions the 
Commandant considers appropriate.

Section 602. Coast Guard Administrative Costs.

  Although the Oil Pollution Act of 1990 (33 U.S.C. 2701 et 
seq.), makes Oil Spill Liability Trust Fund (OSLTF) amounts 
available to pay claims for damages without further 
appropriation, the President's use of the OSLTF to process 
claims is subject to annual appropriations that do not 
contemplate surge requirements for major spills. Just as major 
spills, such as the DEEPWATER HORIZON spill of national 
significance, require extraordinary Federal oil removal efforts 
and costs to meet public expectations of an effective clean-up, 
such spills can generate similar public expectations of prompt 
and effective compensation by responsible parties or by the 
National Pollution Funds Center (NPFC) using the OSLTF. This 
section would close this funding gap by making the amounts 
available to pay the NPFC's administrative and personnel costs 
to process claims.

Section 603. Oil Spill Liability Trust Fund Investment Amount.

  This section would increase the principal amount of funds 
that support the Oil Spill Recovery Institute (OSRI) by $12.851 
million to account for reduced funding in recent years as a 
result of low interest rates and inflation. The OSRI conducts 
research and develops technologies to prevent and mitigate the 
effects of oil spills, and has a unique capability to conduct 
such research in Arctic and sub-Arctic regions. As hydrocarbon 
resources are developed in these regions, new research will be 
needed to mitigate potential spills in extreme cold water and 
icy conditions.

Section 604. Dry Dock Operation.

  This section would clarify that a vessel transported in Dry 
Dock #2 (if, during such transportation, such dock remains 
connected by a utility or other connecting line to shoreside 
connections in Ketchikan, Alaska) is not ``merchandise'' for 
the purposes of the coastwise trade requirements that apply to 
vessels generally.

Section 605. Technical Amendments.

  This section would make technical corrections to section 
290(a) and section 740(d) of title 14, United States Code.

Section 606. Vessel Determinations.

  This section would provide that the documented U.S. vessels 
with official numbers 981472 and 988333 shall be deemed new 
vessels following the completion of their major shipyard 
reconstruction projects. The certificates of documentation 
showing the ``new vessel'' status for those vessels may not be 
issued until there are no encumbrances on record for those 
vessels with the Coast Guard National Vessel Documentation 
Center at the time of issuance. The vessels would retain their 
official numbers of 981472 and 988333, and this section would 
not change U.S. Coast Guard vessel safety and inspection 
requirements applicable to each vessel prior to the enactment 
of this section.

Section 607. Alteration of Bridge Obstructing Navigation.

  This section would require the Commandant to certify to 
Congress that the Coast Guard has commenced the interagency 
administrative review of the pending proposal to alter the 
obstruction to navigation of the Bayonne Bridge no later than 
15 days after enactment. This section would also require the 
Commandant to expedite this interagency administrative review 
making use of all resources offered to the Coast Guard by the 
bridge owner and be completed with this review no later than 
December 31, 2011.

Section 608. Documentation of LNG Tankers.

  This section would allow the issuance of certificate of 
documentation with a coastwise endorsement to documented U.S. 
vessels with official numbers 595752, 595753, and 595755. The 
issuance of coastwise endorsement would be limited to carriage 
of natural gas only.

Section 609. Notice of Arrival.

  This section would clarify that notice of arrival regulations 
promulgated pursuant to the Security and Accountability for 
Every Port Act of 2006 (120 Stat. 1884), only apply to vessels 
arriving from a foreign port.

Section 610. Homeporting of FSV HENRY B. BIGELOW.

  This section would require the Administrator of the National 
Oceanic and Atmospheric Administration (NOAA) to make a final 
decision with respect to the homeport for the FSV HENRY B. 
BIGELOW not later than 180 days of the date of enactment of the 
Act. This section would direct the agency to give special 
consideration to specific factors as a part of its decision 
making process. It also would require the Administrator of NOAA 
to notify Congress of his/her proposed final decision, and the 
rationale upon which that proposed decision is based, no later 
than 45 days before implementing the final decision. Finally, 
this provision would require the Administrator of NOAA to 
submit a report to Congress on the progress in making the final 
decision no later than 30 days after the date of enactment.

Section 611. Higher Volume Port Area Regulatory Definition Change.

  This section would amend subsection (a) of section 710 of the 
Coast Guard Authorization Act of 2010 (124 Stat. 2986), which 
changed the regulatory definition of ``higher volume port 
area'' for Puget Sound to establish its westerly boundary at 
the entrance to the Strait of Juan de Fuca, in order to 
expedite that definitional change. Under this section, the 
change in definition would take effect on July 1, 2012.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, 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 material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

                 ARCTIC RESEARCH AND POLICY ACT OF 1984

SEC. 110. COORDINATION AND REVIEW OF BUDGET REQUESTS; OFFICE OF SCIENCE 
                    AND TECHNOLOGY POLICY; OFFICE OF MANAGEMENT AND 
                    BUDGET.

                            [15 U.S.C. 4109]

  (a) The Office of Science and Technology Policy shall--
          (1) review all agency and department budget requests 
        related to the Arctic transmitted pursuant to section 
        108(a)(5), in accordance with the national Arctic 
        research policy and the 5-year program under section 
        108(a)(2) and section 109, respectively; and
          (2) consult closely with the Interagency Committee 
        and the Commission to guide the Office of Science and 
        Technology Policy's efforts.
  (b)(1) The Office of Management and Budget shall consider all 
Federal agency requests for research related to the Arctic as 
one integrated, coherent, and multiagency request which shall 
be reviewed by the Office of Management and Budget prior to 
submission of the President's annual budget request for its 
adherence to the Plan. The Commission shall, after submission 
of the President's annual budget request, review the request 
and report to Congress on adherence to the Plan.
          (2) The Office of Management and Budget shall seek to 
        facilitate planning for the design, procurement, 
        maintenance, deployment, and operations of icebreakers 
        needed to execute the statutory missions of the Coast 
        Guard and to provide a platform for Arctic research by 
        allocating all funds necessary to support icebreaking 
        operations, except for recurring incremental costs 
        associated with specific projects, and all budget 
        authority related to such operations to the Coast 
        Guard.

        ANTARCTIC MARINE LIVING RESOURCES CONVENTION ACT OF 1984

SEC. 312. FEDERAL AGENCY COOPERATION.

[16 U.S.C. 2441]

           *       *       *       *       *       *       *

  (c) Icebreaking.--The Department of Homeland Security shall 
facilitate planning for the design, procurement, maintenance, 
deployment, and operation of icebreakers needed to execute the 
statutory missions of the Coast Guard and to provide a platform 
for Antarctic research. All funds necessary to support 
icebreaking operations, except for recurring incremental costs 
associated with specific projects, shall be allocated to the 
United States Coast Guard.

                 COAST GUARD AUTHORIZATION ACT OF 2010

SEC. 404. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.

                            [124 Stat. 2950]

  (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 is a shortage of 
        candidates or a critical hiring need; and
          (2) use the authorities in such sections to recruit 
        and appoint highly qualified persons directly to 
        positions so designated.
  (b) Limitation.--The Commandant may not appoint a person to a 
position of employment under this [paragraph] section after 
September 30, [2012] 2015.
  (c) Reports.--The Commandant shall include in reports under 
section 562(d) of title 14, United States Code, as added by 
this title, information described in that section regarding 
positions designated under this section.

SEC. 710. HIGHER VOLUME PORT AREA REGULATORY DEFINITION CHANGE.

                            [124 Stat. 2986]

  [(a) In General.--Within 1 year after the date of enactment 
of this Act, the Commandant shall initiate a rulemaking 
proceeding to modify the definition of the term ``higher volume 
port area'' in section 155.1020 of the Coast Guard regulations 
(33 C.F.R. 155.1020) by striking ``Port Angeles, WA'' in 
paragraph (13) of that section and inserting ``Cape Flattery, 
WA''.]
  (a) Higher Volume Ports.--
          (1) In general.--Notwithstanding any other provision 
        of law, the requirements of subparts D, F, and G of 
        part 155 of title 33, Code of Federal Regulations, that 
        apply to the higher volume port area for the Strait of 
        Juan de Fuca at Port Angeles, Washington (including any 
        water area within 50 nautical miles seaward), to and 
        including Puget Sound, shall be deemed to apply, in the 
        same manner, and to the same extent, to the Strait of 
        Juan de Fuca at Cape Flattery, Washington (including 
        any water area within 50 nautical miles seaward), to 
        and including Puget Sound.
          (2) Effective date.--This subsection shall take 
        effect on July 1, 2012.
  (b) Vessel Response Plan Reviews.--Within 5 years after the 
date of enactment of this Act, the Coast Guard shall complete 
its review of any changes to vessel response plans under the 
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) 
resulting from [the modification of the higher volume port area 
definition required by subsection (a)] higher volume port 
requirements made applicable under subsection (a).

                  FEDERAL WATER POLLUTION CONTROL ACT

SEC. 311. OIL AND HAZARDOUS SUBSTANCES LIABILITY.

                            [33 U.S.C. 1321]

  (a) Definitions.--For the purpose of this section, the term--
          (1) ``oil'' means oil of any kind or in any form, 
        including, but not limited to, petroleum, fuel oil, 
        sludge, oil refuse, and oil mixed with wastes other 
        than dredged spoil;
          (2) ``discharge'' includes, but is not limited to, 
        any spilling, leaking, pumping, pouring, emitting, 
        emptying or dumping, but excludes (A) discharges in 
        compliance with a permit under section 402 of this Act, 
        (B) discharges resulting from circumstances identified 
        and reviewed and made a part of the public record with 
        respect to a permit issued or modified under section 
        402 of this Act, and subject to a condition in such 
        permit,[,] (C) continuous or anticipated intermittent 
        discharges from a point source, identified in a permit 
        or permit application under section 402 of this Act, 
        which are caused by events occurring within the scope 
        of relevant operating or treatment systems, and (D) 
        discharges incidental to mechanical removal authorized 
        by the President under subsection (c) of this section;
          (3) ``vessel'' means every description of watercraft 
        or other artificial contrivance used, or capable of 
        being used, as a means of transportation on water other 
        than a public vessel;
          (4) ``public vessel'' means a vessel owned or 
        bareboat chartered and operated by the United States, 
        or by a State or political subdivision thereof, or by a 
        foreign nation, except when such vessel is engaged in 
        commerce;
          (5) ``United States'' means the States, the District 
        of Columbia, the Commonwealth of Puerto Rico, the 
        Commonwealth of the Northern Mariana Islands, Guam, 
        American Samoa, the Virgin Islands, and the Trust 
        Territory of the Pacific Islands;
          (6) ``owner or operator'' means (A) in the case of a 
        vessel, any person owning, operating, or chartering by 
        demise, such vessel, and (B) in the case of an onshore 
        facility, and an offshore facility, any person owning 
        or operating such onshore facility or offshore 
        facility, and (C) in the case of any abandoned offshore 
        facility, the person who owned or operated such 
        facility immediately prior to such abandonment;
          (7) ``person'' includes an individual, firm, 
        corporation, association, and a partnership;
          (8) ``remove'' or ``removal'' refers to containment 
        and removal of the oil or hazardous substances from the 
        water and shorelines or the taking of such other 
        actions as may be necessary to prevent, minimize, or 
        mitigate damage to the public health or welfare, 
        including, but not limited to, fish, shellfish, 
        wildlife, and public and private property, shorelines 
        and beaches;
          (9) ``contiguous zone'' means the entire zone 
        established or to be established by the United States 
        under article 24 of the Convention on the Territorial 
        Sea and the Contiguous Zone;
          (10) ``onshore facility'' means any facility 
        (including, but not limited to, motor vehicles and 
        rolling stock) of any kind located in, on, or under, 
        any land within the United States other than submerged 
        land;
          (11) ``offshore facility'' means any facility of any 
        kind located in, on, or under, any of the navigable 
        waters of the United States, and any facility of any 
        kind which is subject to the jurisdiction of the United 
        States and is located in, on, or under any other 
        waters, other than a vessel or a public vessel;
          (12) ``act of God'' means an act occasioned by an 
        unanticipated grave natural disaster;
          (13) ``barrel'' means 42 United States gallons at 60 
        degrees Fahrenheit;
          (14) ``hazardous substance'' means any substance 
        designated pursuant to subsection (b)(2) of this 
        section;
          (15) ``inland oil barge'' means a non-self-propelled 
        vessel carrying oil in bulk as cargo and certificated 
        to operate only in the inland waters of the United 
        States, while operating in such waters;
          (16) ``inland waters of the United States'' means 
        those waters of the United States lying inside the 
        baseline from which the territorial sea is measured and 
        those waters outside such baseline which are a part of 
        the Gulf Intracoastal Waterway;
          (17) ``otherwise subject to the jurisdiction of the 
        United States'' means subject to the jurisdiction of 
        the United States by virtue of United States 
        citizenship, United States vessel documentation or 
        numbering, or as provided for by international 
        agreement to which the United States is a party;
          (18) ``Area Committee'' means an Area Committee 
        established under subsection (j);
          (19) ``Area Contingency Plan'' means an Area 
        Contingency Plan prepared under subsection (j);
          (20) ``Coast Guard District Response Group'' means a 
        Coast Guard District Response Group established under 
        subsection (j);
          (21) ``Federal On-Scene Coordinator'' means a Federal 
        On-Scene Coordinator designated in the National 
        Contingency Plan;
          (22) ``National Contingency Plan'' means the National 
        Contingency Plan prepared and published under 
        subsection (d);
          [(23) ``National Response Unit'' means the National 
        Response Unit established under subsection (j);]
          [(24)] (23) ``worst case discharge'' means--
                  (A) in the case of a vessel, a discharge in 
                adverse weather conditions of its entire cargo; 
                and
                  (B) in the case of an offshore facility or 
                onshore facility, the largest foreseeable 
                discharge in adverse weather conditions;
          [(25)] (24) ``removal costs'' means--
                  (A) the costs of removal of oil or a 
                hazardous substance that are incurred after it 
                is discharged; and
                  (B) in any case in which there is a 
                substantial threat of a discharge of oil or a 
                hazardous substance, the costs to prevent, 
                minimize, or mitigate that threat; and
          [(26)] (25) ``nontank vessel'' means a self-propelled 
        vessel that--
                  (A) is at least 400 gross tons as measured 
                under section 14302 of title 46, United States 
                Code, or, for vessels not measured under that 
                section, as measured under section 14502 of 
                that title;
                  (B) is not a tank vessel;
                  (C) carries oil of any kind as fuel for main 
                propulsion; and
                  (D) operates on the navigable waters of the 
                United States, as defined in section 2101(17a) 
                of that title.

           *       *       *       *       *       *       *

  (j) National Response System.--
          (1) In general.--Consistent with the National 
        Contingency Plan required by subsection (c)(2) of this 
        section, as soon as practicable after the effective 
        date of this section, and from time to time thereafter, 
        the President shall issue regulations consistent with 
        maritime safety and with marine and navigation laws (A) 
        establishing methods and procedures for removal of 
        discharged oil and hazardous substances, (B) 
        establishing criteria for the development and 
        implementation of local and regional oil and hazardous 
        substance removal contingency plans, (C) establishing 
        procedures, methods, and equipment and other 
        requirements for equipment to prevent discharges of oil 
        and hazardous substances from vessels and from onshore 
        facilities and offshore facilities, and to contain such 
        discharges, and (D) governing the inspection of vessels 
        carrying cargoes of oil and hazardous substances and 
        the inspection of such cargoes in order to reduce the 
        likelihood of discharges of oil from vessels in 
        violation of this section.
          (2) [National Response Unit.--The Secretary of the 
        department in which the Coast Guard is operating shall 
        establish a National Response Unit at Elizabeth City, 
        North Carolina. The Secretary, acting through the 
        National Response Unit]National response functions._The 
        Secretary of the department in which the Coast Guard is 
        operating--
                  (A) shall compile and maintain a 
                comprehensive computer list of spill removal 
                resources, personnel, and equipment that is 
                available worldwide and within the areas 
                designated by the President pursuant to 
                paragraph (4), and of information regarding 
                previous spills, including data from 
                universities, research institutions, State 
                governments, and other nations, as appropriate, 
                which shall be disseminated as appropriate to 
                response groups and area committees, and which 
                shall be available to Federal and State 
                agencies and the public;
                  (B) shall provide technical assistance, 
                equipment, and other resources requested by a 
                Federal On-Scene Coordinator;
                  (C) shall coordinate use of private and 
                public personnel and equipment to remove a 
                worst case discharge, and to mitigate or 
                prevent a substantial threat of such a 
                discharge, from a vessel, offshore facility, or 
                onshore facility operating in or near an area 
                designated by the President pursuant to 
                paragraph (4);
                  (D) may provide technical assistance in the 
                preparation of Area Contingency Plans required 
                under paragraph (4);
                  (E) shall administer Coast Guard strike teams 
                established under the National Contingency 
                Plan;
                  (F) shall maintain on file all Area 
                Contingency Plans approved by the President 
                under this subsection; and
                  (G) shall review each of those plans that 
                affects its responsibilities under this 
                subsection.
          (3) Coast Guard District Response Groups.
                  (A) The Secretary of the department in which 
                the Coast Guard is operating shall establish in 
                each Coast Guard district a Coast Guard 
                District Response Group.
                  (B) Each Coast Guard District Response Group 
                shall consist of--
                          (i) the Coast Guard personnel and 
                        equipment, including firefighting 
                        equipment, of each port within the 
                        district;
                          (ii) additional prepositioned 
                        equipment; and
                          (iii) a district response advisory 
                        staff.
                  (C) Coast Guard district response groups--
                          (i) shall provide technical 
                        assistance, equipment, and other 
                        resources when required by a Federal 
                        On-Scene Coordinator;
                          (ii) shall maintain all Coast Guard 
                        response equipment within its district;
                          (iii) may provide technical 
                        assistance in the preparation of Area 
                        Contingency Plans required under 
                        paragraph (4); and
                          (iv) shall review each of those plans 
                        that affect its area of geographic 
                        responsibility.
          (4) Area committees and area contingency plans.--
                  (A) There is established for each area 
                designated by the President an Area Committee 
                comprised of members appointed by the President 
                from qualified personnel of Federal, State, and 
                local agencies.
                  (B) Each Area Committee, under the direction 
                of the Federal On-Scene Coordinator for its 
                area, shall--
                          (i) prepare for its area the Area 
                        Contingency Plan required under 
                        subparagraph (C);
                          (ii) work with State and local 
                        officials to enhance the contingency 
                        planning of those officials and to 
                        assure preplanning of joint response 
                        efforts, including appropriate 
                        procedures for mechanical recovery, 
                        dispersal, shoreline cleanup, 
                        protection of sensitive environmental 
                        areas, and protection, rescue, and 
                        rehabilitation of fisheries and 
                        wildlife; and
                          (iii) work with State and local 
                        officials to expedite decisions for the 
                        use of dispersants and other mitigating 
                        substances and devices.
                  (C) Each Area Committee shall prepare and 
                submit to the President for approval an Area 
                Contingency Plan for its area. The Area 
                Contingency Plan shall--
                          (i) when implemented in conjunction 
                        with the National Contingency Plan, be 
                        adequate to remove a worst case 
                        discharge, and to mitigate or prevent a 
                        substantial threat of such a discharge, 
                        from a vessel, offshore facility, or 
                        onshore facility operating in or near 
                        the area;
                          (ii) describe the area covered by the 
                        plan, including the areas of special 
                        economic or environmental importance 
                        that might be damaged by a discharge;
                          (iii) describe in detail the 
                        responsibilities of an owner or 
                        operator and of Federal, State, and 
                        local agencies in removing a discharge, 
                        and in mitigating or preventing a 
                        substantial threat of a discharge;
                          (iv) list the equipment (including 
                        firefighting equipment), dispersants or 
                        other mitigating substances and 
                        devices, and personnel available to an 
                        owner or operator and Federal, State, 
                        and local agencies, to ensure an 
                        effective and immediate removal of a 
                        discharge, and to ensure mitigation or 
                        prevention of a substantial threat of a 
                        discharge;
                          (v) compile a list of local 
                        scientists, both inside and outside 
                        Federal Government service, with 
                        expertise in the environmental effects 
                        of spills of the types of oil typically 
                        transported in the area, who may be 
                        contacted to provide information or, 
                        where appropriate, participate in 
                        meetings of the scientific support team 
                        convened in response to a spill, and 
                        describe the procedures to be followed 
                        for obtaining an expedited decision 
                        regarding the use of dispersants;
                          (vi) describe in detail how the plan 
                        is integrated into other Area 
                        Contingency Plans and vessel, offshore 
                        facility, and onshore facility response 
                        plans approved under this subsection[, 
                        and into operating procedures of the 
                        National Response Unit];
                          (vii) include any other information 
                        the President requires; and
                          (viii) be updated periodically by the 
                        Area Committee.
                  (D) The President shall--
                          (i) review and approve Area 
                        Contingency Plans under this paragraph; 
                        and
                          (ii) periodically review Area 
                        Contingency Plans so approved.
          (5) Tank vessel, nontank vessel, and facility 
        response plans.--
                  (A) (i) The President shall issue regulations 
                which require an owner or operator of a tank 
                vessel or facility described in subparagraph 
                (C) to prepare and submit to the President a 
                plan for responding, to the maximum extent 
                practicable, to a worst case discharge, and to 
                a substantial threat of such a discharge, of 
                oil or a hazardous substance.
                          (ii) The President shall also issue 
                        regulations which require an owner or 
                        operator of a nontank vessel to prepare 
                        and submit to the President a plan for 
                        responding, to the maximum extent 
                        practicable, to a worst case discharge, 
                        and to a substantial threat of such a 
                        discharge, of oil.
                  (B) The Secretary of the Department in which 
                the Coast Guard is operating may issue 
                regulations which require an owner or operator 
                of a tank vessel, a nontank vessel, or a 
                facility described in subparagraph (C) that 
                transfers noxious liquid substances in bulk to 
                or from a vessel to prepare and submit to the 
                Secretary a plan for responding, to the maximum 
                extent practicable, to a worst case discharge, 
                and to a substantial threat of such a 
                discharge, of a noxious liquid substance that 
                is not designated as a hazardous substance or 
                regulated as oil in any other law or 
                regulation. For purposes of this paragraph, the 
                term ``noxious liquid substance'' has the same 
                meaning when that term is used in the MARPOL 
                Protocol described in section 2(a)(3) of the 
                Act to Prevent Pollution from Ships (33 U.S.C. 
                1901(a)(3)).
                  (C) The tank vessels, nontank vessels, and 
                facilities referred to in subparagraphs (A) and 
                (B) are the following:
                          (i) A tank vessel, as defined under 
                        section 2101 of title 46, United States 
                        Code.
                          (ii) A nontank vessel.
                          (iii) An offshore facility.
                          (iv) An onshore facility that, 
                        because of its location, could 
                        reasonably be expected to cause 
                        substantial harm to the environment by 
                        discharging into or on the navigable 
                        waters, adjoining shorelines, or the 
                        exclusive economic zone.
                  (D) A response plan required under this 
                paragraph shall--
                          (i) be consistent with the 
                        requirements of the National 
                        Contingency Plan and Area Contingency 
                        Plans;
                          (ii) identify the qualified 
                        individual having full authority to 
                        implement removal actions, and require 
                        immediate communications between that 
                        individual and the appropriate Federal 
                        official and the persons providing 
                        personnel and equipment pursuant to 
                        clause (iii);
                          (iii) identify, and ensure by 
                        contract or other means approved by the 
                        President the availability of, private 
                        personnel and equipment necessary to 
                        remove to the maximum extent 
                        practicable a worst case discharge 
                        (including a discharge resulting from 
                        fire or explosion), and to mitigate or 
                        prevent a substantial threat of such a 
                        discharge;
                          (iv) describe the training, equipment 
                        testing, periodic unannounced drills, 
                        and response actions of persons on the 
                        vessel or at the facility, to be 
                        carried out under the plan to ensure 
                        the safety of the vessel or facility 
                        and to mitigate or prevent the 
                        discharge, or the substantial threat of 
                        a discharge;
                          (v) be updated periodically; and
                          (vi) be resubmitted for approval of 
                        each significant change.
                  (E) With respect to any response plan 
                submitted under this paragraph for an onshore 
                facility that, because of its location, could 
                reasonably be expected to cause significant and 
                substantial harm to the environment by 
                discharging into or on the navigable waters or 
                adjoining shorelines or the exclusive economic 
                zone, and with respect to each response plan 
                submitted under this paragraph for a tank 
                vessel, nontank vessel, or offshore facility, 
                the President shall--
                          (i) promptly review such response 
                        plan;
                          (ii) require amendments to any plan 
                        that does not meet the requirements of 
                        this paragraph;
                          (iii) approve any plan that meets the 
                        requirements of this paragraph;
                          (iv) review each plan periodically 
                        thereafter; and
                          (v) in the case of a plan for a 
                        nontank vessel, consider any applicable 
                        State-mandated response plan in effect 
                        on the date of the enactment of the 
                        Coast Guard and Maritime Transportation 
                        Act of 2004 and ensure consistency to 
                        the extent practicable.
                  (F) A tank vessel, nontank vessel, offshore 
                facility, or onshore facility required to 
                prepare a response plan under this subsection 
                may not handle, store, or transport oil 
                unless--
                          (i) in the case of a tank vessel, 
                        nontank vessel, offshore facility, or 
                        onshore facility for which a response 
                        plan is reviewed by the President under 
                        subparagraph (E), the plan has been 
                        approved by the President; and
                          (ii) the vessel or facility is 
                        operating in compliance with the plan.
                  (G) Notwithstanding subparagraph (E), the 
                President may authorize a tank vessel, nontank 
                vessel, offshore facility, or onshore facility 
                to operate without a response plan approved 
                under this paragraph, until not later than 2 
                years after the date of the submission to the 
                President of a plan for the tank vessel, 
                nontank vessel, or facility, if the owner or 
                operator certifies that the owner or operator 
                has ensured by contract or other means approved 
                by the President the availability of private 
                personnel and equipment necessary to respond, 
                to the maximum extent practicable, to a worst 
                case discharge or a substantial threat of such 
                a discharge.
                  (H) The owner or operator of a tank vessel, 
                nontank vessel, offshore facility, or onshore 
                facility may not claim as a defense to 
                liability under title I of the Oil Pollution 
                Act of 1990 that the owner or operator was 
                acting in accordance with an approved response 
                plan.
                  (I) The Secretary shall maintain, in the 
                Vessel Identification System established under 
                chapter 125 of title 46, United States Code, 
                the dates of approval and review of a response 
                plan under this paragraph for each tank vessel 
                and nontank vessel that is a vessel of the 
                United States.
          (6) Equipment requirements and inspection.--The 
        President may require--
                  (A) periodic inspection of containment booms, 
                skimmers, vessels, and other major equipment 
                used to remove discharges; and
                  (B) vessels operating on navigable waters and 
                carrying oil or a hazardous substance in bulk 
                as cargo, and nontank vessels carrying oil of 
                any kind as fuel for main propulsion, to carry 
                appropriate removal equipment that employs the 
                best technology economically feasible and that 
                is compatible with the safe operation of the 
                vessel.
          (7) Area drills.--The President shall periodically 
        conduct drills of removal capability, without prior 
        notice, in areas for which Area Contingency Plans are 
        required under this subsection and under relevant tank 
        vessel, nontank vessel, and facility response plans. 
        The drills may include participation by Federal, State, 
        and local agencies, the owners and operators of vessels 
        and facilities in the area, and private industry. The 
        President may publish annual reports on these drills, 
        including assessments of the effectiveness of the plans 
        and a list of amendments made to improve plans.
          (8) United States Government not liable.--The United 
        States Government is not liable for any damages arising 
        from its actions or omissions relating to any response 
        plan required by this section.

OIL POLLUTION ACT OF 1990

           *       *       *       *       *       *       *

SEC. 1012. USES OF THE FUND.

                            [33 U.S.C. 2712]

  (a) Uses Generally.--The Fund shall be available to the 
President for--
          (1) the payment of removal costs, including the costs 
        of monitoring removal actions, determined by the 
        President to be consistent with the National 
        Contingency Plan--
                  (A) by Federal authorities; or
                  (B) by a Governor or designated State 
                official under subsection (d);
          (2) the payment of costs incurred by Federal, State, 
        or Indian tribe trustees in carrying out their 
        functions under section 1006 for assessing natural 
        resource damages and for developing and implementing 
        plans for the restoration, rehabilitation, replacement, 
        or acquisition of the equivalent of damaged resources 
        determined by the President to be consistent with the 
        National Contingency Plan;
          (3) the payment of removal costs determined by the 
        President to be consistent with the National 
        Contingency Plan as a result of, and damages resulting 
        from, a discharge, or a substantial threat of a 
        discharge, of oil from a foreign offshore unit;
          (4) the payment of claims in accordance with section 
        1013 for uncompensated removal costs determined by the 
        President to be consistent with the National 
        Contingency Plan or uncompensated [damages] damages, 
        including the cost of commercial claims processing, 
        expert services, training, technical services, and 
        other administrative and personnel costs to process 
        claims;
          (5) the payment of Federal administrative, 
        operational, and personnel costs and expenses 
        reasonably necessary for and incidental to the 
        implementation, administration, and enforcement of this 
        Act (including, but not limited to, sections 
        1004(d)(2), 1006(e), 4107, 4110, 4111, 4112, 4117, 
        5006, 8103, and title VII) and subsections (b), (c), 
        (d), (j), and (l) of section 311 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1321), as amended by 
        this Act, with respect to prevention, removal, and 
        enforcement related to oil discharges, provided that--
                  (A) not more than $25,000,000 in each fiscal 
                year shall be available to the Secretary for 
                operating expenses incurred by the Coast Guard;
                  (B) not more than $15,000,000 in each fiscal 
                year shall be available to the Under Secretary 
                of Commerce for Oceans and Atmosphere for 
                expenses incurred by, and activities related 
                to, response and damage assessment capabilities 
                of the National Oceanic and Atmospheric 
                Administration;
                  (C) not more than $30,000,000 each year 
                through the end of fiscal year 1992 shall be 
                available to establish the National Response 
                System under section 311(j) of the Federal 
                Water Pollution Control Act, as amended by this 
                Act, including the purchase and prepositioning 
                of oil spill removal equipment; and
                  (D) not more than $27,250,000 in each fiscal 
                year shall be available to carry out title VII 
                of this Act; and
          (6) the making of loans pursuant to the program 
        established under section 1013(f).

           *       *       *       *       *       *       *

SEC. 4202. NATIONAL PLANNING AND RESPONSE SYSTEM.

[33 U.S.C. 1321 note]

           *       *       *       *       *       *       *

  (b) Implementation.--
          (1) Area committees and contingency plans.--
                  (A) Not later than 6 months after the date of 
                the enactment of this Act, the President shall 
                designate the areas for which Area Committees 
                are established under section 311(j)(4) of the 
                Federal Water Pollution Control Act, as amended 
                by this Act. In designating such areas, the 
                President shall ensure that all navigable 
                waters, adjoining shorelines, and waters of the 
                exclusive economic zone are subject to an Area 
                Contingency Plan under that section.
                  (B) Not later than 18 months after the date 
                of the enactment of this Act, each Area 
                Committee established under that section shall 
                submit to the President the Area Contingency 
                Plan required under that section.
                  (C) Not later than 24 months after the date 
                of the enactment of this Act, the President 
                shall--
                          (i) promptly review each plan;
                          (ii) require amendments to any plan 
                        that does not meet the requirements of 
                        section 311(j)(4) of the Federal Water 
                        Pollution Control Act; and
                          (iii) approve each plan that meets 
                        the requirements of that section.
          [(2) National Response Unit.--Not later than one year 
        after the date of the enactment of this Act, the 
        Secretary of the department in which the Coast Guard is 
        operating shall establish a National Response Unit in 
        accordance with section 311(j)(2) of the Federal Water 
        Pollution Control Act, as amended by this Act.]
          [(3)] (2) Coast Guard district response groups.--Not 
        later than 1 year after the date of the enactment of 
        this Act, the Secretary of the department in which the 
        Coast Guard is operating shall establish Coast Guard 
        District Response Groups in accordance with section 
        311(j)(3) of the Federal Water Pollution Control Act, 
        as amended by this Act.
          [(4)] (3) Tank vessel and facility response plans; 
        transition provision; effective date of prohibition.--
                  (A) Not later than 24 months after the date 
                of the enactment of this Act, the President 
                shall issue regulations for tank vessel and 
                facility response plans under section 311(j)(5) 
                of the Federal Water Pollution Control Act, as 
                amended by this Act.
                  (B) During the period beginning 30 months 
                after the date of the enactment of this 
                paragraph and ending 36 months after that date 
                of enactment, a tank vessel or facility for 
                which a response plan is required to be 
                prepared under section 311(j)(5) of the Federal 
                Water Pollution Control Act, as amended by this 
                Act, may not handle, store, or transport oil 
                unless the owner or operator thereof has 
                submitted such a plan to the President.
                  (C) Subparagraph (E) of section 311(j)(5) of 
                the Federal Water Pollution Control Act, as 
                amended by this Act, shall take effect 36 
                months after the date of the enactment of this 
                Act.

           *       *       *       *       *       *       *

          COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2006

[SEC. 210. ICEBREAKERS.

                          [14 U.S.C. 93 note]

  [(a) Operation and Maintenance Plan.--Not later than 90 days 
after the date of enactment of this Act, the Secretary of the 
department in which the Coast Guard is operating shall submit 
to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a plan--
          [(1) for operation and maintenance after fiscal year 
        2006 of the Coast Guard polar icebreakers POLAR STAR, 
        POLAR SEA, and HEALY, that does not rely on the 
        transfer of funds to the Coast Guard by any other 
        Federal agency; and
          [(2) for the long-term recapitalization of these 
        assets.
  [(b) Necessary Measures.--The Secretary shall take all 
necessary measures to ensure that the Coast Guard maintains, at 
a minimum, its current vessel capacity for carrying out ice 
breaking in the Arctic and Antarctic, Great Lakes, and New 
England regions, including the necessary funding for operation 
and maintenance of such vessels, until it has implemented the 
long-term recapitalization of the Coast Guard polar icebreakers 
POLAR STAR, POLAR SEA, and HEALY in accordance with the plan 
submitted under subsection (a).
  [(c) Reimbursement.--Nothing in this section shall preclude 
the Secretary from seeking reimbursement for operation and 
maintenance costs of such polar icebreakers from other Federal 
agencies and entities, including foreign countries, that 
benefit from the use of the icebreakers.
  [(d) Authorization of Appropriations.--There is authorized to 
be appropriated for fiscal year 2006 to the Secretary of the 
department in which the Coast Guard is operating $100,000,000 
to carry out this section with respect to the polar icebreakers 
referred to in subsection (a).]

                         TITLE 14. COAST GUARD

                      PART I. REGULAR COAST GUARD

                    CHAPTER 5. FUNCTIONS AND POWERS

87. Provision of icebreaking services

  (a) In General.--Notwithstanding any other provision of law, 
except as provided in subsection (b), the Coast Guard shall be 
the sole supplier of icebreaking services, on an advancement or 
reimbursable basis, to each Federal agency that requires 
icebreaking services.
  (b) Exception.--In the event that a Federal agency requires 
icebreaking services and the Coast Guard is unable to provide 
the services, the Federal agency may acquire icebreaking 
services from another entity.

                         TITLE 14. COAST GUARD

                      PART I. REGULAR COAST GUARD

                    CHAPTER 5. FUNCTIONS AND POWERS

93. Commandant; general powers

           *       *       *       *       *       *       *

  (e) Operation and Maintenance of Coast Guard Assets and 
Facilities.--All authority, including programmatic budget 
authority, for the operation and maintenance of Coast Guard 
vessels, aircraft, systems, aides to navigation, 
infrastructure, and any other Coast Guard assets or facilities, 
shall be allocated to and vested in the Coast Guard and the 
department in which the Coast Guard is operating.

                         TITLE 14. COAST GUARD

                      PART I. REGULAR COAST GUARD

                     CHAPTER 9. COAST GUARD ACADEMY

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

  (a) A foreign national may not receive instruction at the 
Academy except as authorized by this section.
  (b) The President may designate not more than 36 foreign 
nationals whom the Secretary may permit to receive instruction 
at the Academy.
  (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] 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] foreign national receiving instruction under 
this section is--
          (1) not entitled to any appointment in the Coast 
        Guard by reason of his graduation from the Academy; and
          (2) subject to those regulations applicable to the 
        Academy governing admission, attendance, discipline, 
        resignation, discharge, dismissal, and graduation, 
        except as may otherwise be prescribed by the Secretary.

           *       *       *       *       *       *       *

200. Policy on sexual harassment and sexual violence

  (a) Required Policy.--The Commandant shall direct the 
Superintendent of the Academy to prescribe a policy on sexual 
harassment and sexual violence. The policy shall apply to each 
member of the Coast Guard Academy personnel. For purposes of 
this section, the term ``Coast Guard Academy personnel'' 
includes cadets.
  (b) Policy Specifications.--The policy under subsection (a) 
shall include--
          (1) programs to promote awareness of the incidence of 
        rape, acquaintance rape, and other sexual offenses of a 
        criminal nature on and off the Academy reservation;
          (2) the procedure that a victim of sexual harassment 
        or sexual violence on or off the Academy reservation 
        shall follow if the victim chooses to report the sexual 
        harassment or sexual violence, including--
                  (A) how to report the alleged sexual 
                harassment or sexual violence, including--
                          (i) the name and contact information 
                        of each person that the victim must 
                        contact; and
                          (ii) an option for confidential 
                        reporting;
                  (B) the name and contact information of each 
                person that the victim can contact for 
                assistance; and
                  (C) how to preserve evidence;
          (3) the procedure for disciplinary action against a 
        member of the Coast Guard Academy personnel who commits 
        sexual harassment or sexual violence;
          (4) any other authorized sanctions against a member 
        of the Coast Guard Academy personnel who commits sexual 
        harassment or sexual violence; and
          (5) required training on the policy for each member 
        of the Coast Guard Academy personnel, including a 
        specific training requirement for each member of the 
        Coast Guard Academy personnel who process allegations 
        of sexual harassment or sexual violence.
  (c) Assessment.--
          (1) In general.--The Commandant shall direct the 
        Superintendent of the Academy to conduct an assessment 
        during each Academy program year to determine the 
        effectiveness of the policy under subsection (a).
          (2) Biennial survey.--Each assessment under paragraph 
        (1) that is conducted during an odd-numbered program 
        year shall include a survey of Coast Guard Academy 
        personnel. The survey shall--
                  (A) measure--
                          (i) the incidence, during that 
                        program year, of sexual harassment and 
                        sexual violence, on or off the Academy 
                        reservation, that were reported under 
                        subsection (b)(2); and
                          (ii) the incidence, during that 
                        program year, of sexual harassment and 
                        sexual violence, on or off the Academy 
                        reservation, that were not reported 
                        under subsection (b)(2); and
                  (B) assess the perceptions of Coast Guard 
                Academy personnel regarding--
                          (i) the policy, training, and 
                        procedures on sexual harassment and 
                        sexual violence;
                          (ii) the enforcement of the policy;
                          (iii) the incidence of sexual 
                        harassment and sexual violence 
                        involving Coast Guard Academy 
                        personnel; and
                          (iv) any other issues relating to 
                        sexual harassment and sexual violence 
                        involving Coast Guard Academy 
                        personnel, that the Superintendent of 
                        the Academy considers relevant.
  (d) Report.--
          (1) In general.--The Commandant shall direct the 
        Superintendent of the Academy to submit a report to the 
        Commandant each Academy program year on sexual 
        harassment and sexual violence involving a member of 
        the Coast Guard Academy personnel that year.
          (2) Report specifications.--A report under paragraph 
        (1) shall include--
                  (A) the number of reported incidents of 
                sexual violence, on or off the Academy 
                reservation, involving a member of the Coast 
                Guard Academy, categorized by the type of 
                offence, such as rape and sexual assault;
                  (B) the number of reported incidents under 
                subparagraph (A) that were substantiated;
                  (C) any updates to the policy, training, or 
                procedures on sexual harassment and sexual 
                violence under this section during the Academy 
                program year; and
                  (D) a plan detailing the action that will be 
                taken during the subsequent Academy program 
                year to respond to and prevent sexual 
                harassment and sexual violence, on or off the 
                Academy reservation, involving a member of the 
                Coast Guard Academy.
          (3) Biennial survey.--Each report under paragraph (1) 
        that is submitted during an odd-numbered program year 
        shall include the results of the survey under 
        subsection (c)(2).
          (4) Transmission of report.--Not later than 90 days 
        after the date of receipt of a report under paragraph 
        (1), the Commandant shall transmit a copy of the report 
        and 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.

                         TITLE 14. COAST GUARD

                      PART I. REGULAR COAST GUARD

                         CHAPTER 11. PERSONNEL

                                OFFICERS

                            A. APPOINTMENTS

211. Original appointment of permanent commissioned officers

  (a) (1) The President may appoint permanent commissioned 
officers in the Regular Coast Guard in grades appropriate to 
their qualification, experience, and length of service, as the 
needs of the Coast Guard may require, from among the following 
categories:
                  (A) Graduates of the Coast Guard Academy.
                  (B) Commissioned warrant officers, warrant 
                officers, and enlisted members of the Regular 
                Coast Guard.
                  (C) Members of the Coast Guard Reserve who 
                have served at least 2 years as such.
                  (D) Licensed officers of the United States 
                merchant marine who have served 2 or more years 
                aboard a vessel of the United States in the 
                capacity of a licensed officer.
          (2) Original appointments under this section in the 
        grades of lieutenant commander and above shall be made 
        by the President by and with the advice and consent of 
        the Senate.
          (3) Original appointments under this section in the 
        grades of ensign through lieutenant shall be made by 
        the President alone.
  (b) No person shall be appointed a commissioned officer under 
this section until his mental, moral, physical, and 
professional fitness to perform the duties of a commissioned 
officer has been established under such regulations as the 
Secretary shall prescribe.
  (c) Appointees under this section shall take precedence in 
the grade to which appointed in accordance with the dates of 
their commissions as commissioned officers in such grade. 
Appointees whose dates of commission are the same shall take 
precedence with each other as the Secretary shall determine.
  (d) For purposes of this section, the term ``original'' with 
respect to the appointment of a member of the Coast Guard 
refers to the member's most recent appointment in the Coast 
Guard that is neither a promotion nor a demotion.

                         TITLE 14. COAST GUARD

                      PART I. REGULAR COAST GUARD

                         CHAPTER 11. PERSONNEL

                                OFFICERS

                       B. SELECTION FOR PROMOTION

259. Officers to be recommended for promotion

           *       *       *       *       *       *       *

  (c) (1) [After selecting] In selecting the officers to be 
recommended for promotion, a selection board may recommend 
officers of particular merit, from among those officers chosen 
for promotion, to be placed at the top of the list of selectees 
promulgated by the Secretary under section 271(a) of this 
title. The number of officers that a board may recommend to be 
placed at the top of the list of selectees may not exceed the 
percentages set forth in subsection (b) unless such a 
percentage is a number less than one, in which case the board 
may recommend one officer for such placement. No officer may be 
recommended to be placed at the top of the list of selectees 
unless he or she receives the recommendation of at least a 
majority of the members of a board composed of five members, or 
at least two-thirds of the members of a board composed of more 
than five members.
          (2) The Secretary shall conduct a survey of the Coast 
        Guard officer corps to determine if implementation of 
        this subsection will improve Coast Guard officer 
        retention. A selection board may not make any 
        recommendation under this subsection before the date on 
        which the Secretary publishes a finding, based upon the 
        results of the survey, that implementation of this 
        subsection will improve Coast Guard officer retention.
          (3) The Secretary shall submit any finding made by 
        the Secretary pursuant to paragraph (2) to the 
        Committee on Transportation and Infrastructure of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate.

                         TITLE 14. COAST GUARD

                      PART I. REGULAR COAST GUARD

                         CHAPTER 11. PERSONNEL

                                OFFICERS

         D. DISCHARGES; RETIREMENTS; REVOCATION OF COMMISSIONS

290. Rear admirals and real admirals (lower half); continuation on 
                    active duty; involuntary retirement

  (a) The Secretary shall from time to time convene boards to 
recommend for continuation on active duty the most senior 
officers on the active duty promotion list serving in the grade 
of rear admiral (lower half) or rear admiral who have not 
previously been considered for continuation in that grade. 
Officers, other than the Commandant, serving for the time being 
or who have served [in the grade of vice admiral] in or above 
the grade of vice admiral are not subject to consideration for 
continuation under this subsection, and as to all other 
provisions of this section shall be considered as having been 
continued at the grade of rear admiral. A board shall consist 
of at least five officers serving in the grade of vice admiral 
or as rear admirals previously continued. Boards shall be 
convened frequently enough to assure that each officer serving 
in the grade of rear admiral (lower half) or rear admiral is 
subject to consideration for continuation during a promotion 
year in which that officer completes not less than four or more 
than five years combined service in the grades of rear admiral 
(lower half) and rear admiral.

           *       *       *       *       *       *       *

                         TITLE 14. COAST GUARD

               PART II. COAST GUARD RESERVE AND AUXILIARY

                    CHAPTER 21. COAST GUARD RESERVE

                  SUBCHAPTER B. COMMISSIONED OFFICERS

740. Failure of selection and removal from an active status

           *       *       *       *       *       *       *

  (d) For the purpose of this section, the total commissioned 
service of an officer who has served continuously in the 
Reserve following appointment in the grade of ensign shall be 
computed from the date on which [that appointment] that Reserve 
appointment was accepted. A Reserve officer initially appointed 
in a grade above ensign is considered to have the actual total 
commissioned service performed in a grade above commissioned 
warrant officer or the same total commissioned service as an 
officer of the Regular Coast Guard who has served continuously 
from an original appointment as ensign, who has not lost 
numbers or precedence, and who is, or was, junior to the 
Reserve officer, whichever is greater.

                         TITLE 14. COAST GUARD

               PART II. COAST GUARD RESERVE AND AUXILIARY

                   CHAPTER 23. COAST GUARD AUXILIARY

[823. Eligibility, enrollments

  [The Auxiliary shall be composed of citizens of the United 
States and its territories and possessions, 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.]

823. Eligibility, enrollments

  The Auxiliary shall be composed of citizens of the United 
States and its territories and possessions, and of aliens 
lawfully admitted for permanent residence, as defined in 
section 101(a)(20) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(20))--
          (1) who are owners, sole or part, of motorboats, 
        yachts, aircraft, or radio stations; or
          (2) who by reason of their special training or 
        experience are deemed by the Commandant to be qualified 
        for duty in the Auxiliary, and who may be enrolled 
        therein pursuant to applicable regulations.

                           TITLE 46. SHIPPING

                    SUBTITLE II. VESSELS AND SEAMEN

              PART B. INSPECTION AND REGULATION OF VESSELS

                    CHAPTER 33. INSPECTION GENERALLY

3316. Classification societies

  (a) Each department, agency, and instrumentality of the 
United States Government shall recognize the American Bureau of 
Shipping as its agent in classifying vessels owned by the 
Government and in matters related to classification, as long as 
the American Bureau of Shipping is maintained as an 
organization having no capital stock and paying no dividends. 
The Secretary and the Secretary of Transportation each shall 
appoint one representative (except when the Secretary is the 
Secretary of Transportation, in which case the Secretary shall 
appoint both representatives) who shall represent the 
Government on the executive committee of the American Bureau of 
Shipping. The American Bureau of Shipping shall agree that the 
representatives shall be accepted by it as active members of 
the committee. The representatives shall serve without 
compensation, except for necessary traveling expenses.
  (b) (1) The Secretary may delegate to the American Bureau of 
Shipping or another classification society recognized by the 
Secretary as meeting acceptable standards for such a society, 
for a vessel documented or to be documented under chapter 121 
of this title, the authority to--
                  (A) review and approve plans required for 
                issuing a certificate of inspection required by 
                this part;
                  (B) conduct inspections and examinations; and
                  (C) issue a certificate of inspection 
                required by this part and other related 
                documents.
          (2) The Secretary may make a delegation under 
        paragraph (1) to a foreign classification society 
        only--
                  (A) to the extent that the government of the 
                foreign country in which the society is 
                headquartered delegates authority and provides 
                access to the American Bureau of Shipping to 
                inspect, certify, and provide related services 
                to vessels documented in that country; [and]
                  (B) if the foreign classification society has 
                offices and maintains records in the United 
                States[.] ; and
                  (C) if the Secretary of State determines that 
                the foreign classification society does not 
                provide comparable services in or for the 
                government of a country designated by the 
                Secretary of State as a State Sponsor of 
                Terrorism.
          (3) When an inspection or examination has been 
        delegated under this subsection, the Secretary's 
        delegate--
                  (A) shall maintain in the United States 
                complete files of all information derived from 
                or necessarily connected with the inspection or 
                examination for at least 2 years after the 
                vessel ceases to be certified; and
                  (B) shall permit access to those files at all 
                reasonable times to any officer, employee, or 
                member of the Coast Guard designated--
                          (i) as a marine inspector and serving 
                        in a position as a marine inspector; or
                          (ii) in writing by the Secretary to 
                        have access to those files.
  (c) (1) A classification society (including an employee or 
agent of that society) may not review, examine, survey, or 
certify the construction, repair, or alteration of a vessel in 
the United States unless the society has applied for approval 
under this subsection and the Secretary has reviewed and 
approved that society with respect to the conduct of that 
society under paragraph (2).
          (2) The Secretary may approve a person for purposes 
        of paragraph (1) only if the Secretary determines 
        that--
                  (A) the vessels surveyed by the person while 
                acting as a classification society have an 
                adequate safety record; and
                  (B) the person has an adequate program to--
                          (i) develop and implement safety 
                        standards for vessels surveyed by the 
                        person;
                          (ii) make the safety records of the 
                        person available to the Secretary in an 
                        electronic format;
                          (iii) provide the safety records of a 
                        vessel surveyed by the person to any 
                        other classification society that 
                        requests those records for the purpose 
                        of conducting a survey of the vessel; 
                        and
                          (iv) request the safety records of a 
                        vessel the person will survey from any 
                        classification society that previously 
                        surveyed the vessel.
  (d) (1) The Secretary may delegate to the American Bureau of 
Shipping or another classification society recognized by the 
Secretary as meeting acceptable standards for such a society, 
for a United States offshore facility, the authority to--
                  (A) review and approve plans required for 
                issuing a certificate of inspection, a 
                certificate of compliance, or any other 
                certification and related documents issued by 
                the Coast Guard pursuant to regulations issued 
                under section 30 of the Outer Continental Shelf 
                Lands Act (43 U.S.C. 1356); [and]
                  (B) conduct inspections and examinations[.] ; 
                and
                  (C) if the Secretary of State determines that 
                the foreign classification society does not 
                provide comparable services in or for the 
                government of a country designated by the 
                Secretary of State as a State Sponsor of 
                Terrorism.
          (2) The Secretary may make a delegation under 
        paragraph (1) to a foreign classification society only 
        if--
                  (A) the foreign society has offices and 
                maintains records in the United States; and
                  (B) (i) the government of the foreign country 
                in which the foreign society is headquartered 
                delegates that authority to the American Bureau 
                of Shipping; or
                          (ii) the Secretary has entered into 
                        an agreement with the government of the 
                        foreign country in which the foreign 
                        society is headquartered that--
                                  (I) ensures the government of 
                                the foreign country will accept 
                                plan review, inspections, or 
                                examinations conducted by the 
                                American Bureau of Shipping and 
                                provide equivalent access to 
                                inspect, certify, and provide 
                                related services to offshore 
                                facilities located in that 
                                country or operating under the 
                                authority of that country; and
                                  (II) is in full accord with 
                                principles of reciprocity in 
                                regards to any delegation 
                                contemplated by the Secretary 
                                under paragraph (1).
          (3) If an inspection or examination is conducted 
        under authority delegated under this subsection, the 
        person to which the authority was delegated--
                  (A) shall maintain in the United States 
                complete files of all information derived from 
                or necessarily connected with the inspection or 
                examination for at least 2 years after the 
                United States offshore facility ceases to be 
                certified; and
                  (B) shall permit access to those files at all 
                reasonable times to any officer, employee, or 
                member of the Coast Guard designated--
                          (i) as a marine inspector and serving 
                        in a position as a marine inspector; or
                          (ii) in writing by the Secretary to 
                        have access to those files.
          (4) For purposes of this subsection--
                  (A) the term ``offshore facility'' means any 
                installation, structure, or other device 
                (including any vessel not documented under 
                chapter 121 of this title or the laws of 
                another country), fixed or floating, that 
                dynamically holds position or is temporarily or 
                permanently attached to the seabed or subsoil 
                under the sea; and
                  (B) the term ``United States offshore 
                facility'' means any offshore facility, fixed 
                or floating, that dynamically holds position or 
                is temporarily or permanently attached to the 
                seabed or subsoil under the territorial sea of 
                the United States or the outer Continental 
                Shelf (as that term is defined in section 2 of 
                the Outer Continental Shelf Lands Act (43 
                U.S.C. 1331)), including any vessel, rig, 
                platform, or other vehicle or structure subject 
                to regulation under section 30 of the Outer 
                Continental Shelf Lands Act (43 U.S.C. 1356).
  (e) The Secretary shall revoke an existing delegation made to 
a foreign classification society under subsection (b) or (d) if 
the Secretary of State determines that the foreign 
classification society provides comparable services in or for 
the government of a country designated by the Secretary of 
State as a State Sponsor of Terrorism.

                           TITLE 46. SHIPPING

                    SUBTITLE II. VESSELS AND SEAMEN

             PART G. MERCHANT SEAMEN PROTECTION AND RELIEF

                   CHAPTER 111. PROTECTION AND RELIEF

11113. Protection and fair treatment of seafarers

  (a) Purpose.--The purpose of this section shall be to ensure 
the protection and fair treatment of seafarers.
  (b) Special Fund.--
          (1) Establishment.--There is established in the 
        Treasury a special fund known as the ``Support of 
        Seafarers Fund''.
          (2) Use of amounts in fund.--The amounts deposited 
        into the Fund shall be available to the Secretary, 
        without fiscal year limitation, to--
                  (A) pay necessary support under subsection 
                (c)(1); and
                  (B) reimburse a shipowner for necessary 
                support under subsection (c)(2).
          (3) Amounts credited to fund.--Notwithstanding any 
        other provision of law, the Fund may receive--
                  (A) any moneys ordered to be paid to the Fund 
                in the form of community service under section 
                8B1.3 of the United States Sentencing 
                Guidelines Manual or to the extent permitted 
                under paragraph (4); and
                  (B) amounts reimbursed or recovered under 
                subsection (e).
          (4) Prerequisite for community service credits.--The 
        Fund may receive credits under paragraph (3)(A) if the 
        unobligated balance of the Fund is less than 
        $5,000,000.
          (5) Authorization of appropriation.--There are 
        authorized to be appropriated, from the Fund, for each 
        fiscal year such sums as may be necessary for the 
        purposes set forth in paragraph (2).
          (6) Report required.--
                  (A) In general.--The Secretary shall submit 
                to Congress, concurrent with the President's 
                budget submission for a given fiscal year, a 
                report that describes--
                          (i) the amounts credited to the Fund 
                        under paragraph (3) for the preceding 
                        fiscal year;
                          (ii) in detail, the activities for 
                        which amounts were charged; and
                          (iii) the projected level of 
                        expenditures from the Fund for the 
                        upcoming fiscal year, based on--
                                  (I) on-going activities; and
                                  (II) new cases, derived from 
                                historic data.
                  (B) Exception.--Subparagraph (A) shall not 
                apply to obligations during the first fiscal 
                year during which amounts are credited to the 
                Fund.
          (7) Fund manager.--The Secretary shall designate a 
        Fund manager. The Fund manager shall--
                  (A) ensure the visibility and accountability 
                of transactions utilizing the Fund;
                  (B) prepare the report under paragraph (6);
                  (C) monitor the unobligated balance of the 
                Fund; and
                  (D) provide notice to the Secretary and the 
                Attorney General whenever the unobligated 
                balance of the Fund is less than $5,000,000.
  (c) Authority.--The Secretary may--
          (1) pay, from amounts appropriated from the Fund, 
        necessary support of--
                  (A) a seafarer that--
                          (i) enters, remains, or is paroled 
                        into the United States; and
                          (ii) is involved in an investigation, 
                        reporting, documentation, or 
                        adjudication of any matter that is 
                        related to the administration or 
                        enforcement of any treaty, law, or 
                        regulation by the Coast Guard; and
                  (B) a seafarer that the Secretary determines 
                was abandoned in the United States; and
          (2) reimburse, from amounts appropriated from the 
        Fund, a shipowner that has provided necessary support 
        of a seafarer who has been paroled into the United 
        States to facilitate an investigation, reporting, 
        documentation, or adjudication of any matter that is 
        related to the administration or enforcement of any 
        treaty, law, or regulation by the Coast Guard, for the 
        costs of necessary support if the Secretary determines 
        that reimbursement is necessary to avoid serious 
        injustice.
  (d) Limitation.--Nothing in this section shall be construed--
          (1) to create a right, benefit, or entitlement to 
        necessary support; or
          (2) to compel the Secretary to pay or reimburse the 
        cost of necessary support.
  (e) Reimbursement; Recovery.--
          (1) In general.--A shipowner shall reimburse the Fund 
        an amount equal to the total amount paid from the Fund 
        for necessary support of a seafarer plus a surcharge of 
        25 percent of the total amount if--
                  (A) the shipowner--
                          (i) during the course of an 
                        investigation, reporting, 
                        documentation, or adjudication of any 
                        matter that the Coast Guard referred to 
                        a United States Attorney or the 
                        Attorney General, fails to provide 
                        necessary support of a seafarer who was 
                        paroled into the United States to 
                        facilitate the investigation, 
                        reporting, documentation, or 
                        adjudication; and
                          (ii) subsequently receives a criminal 
                        penalty; or
                  (B) the shipowner, under any circumstance, 
                abandons a seafarer in the United States, as 
                determined by the Secretary.
          (2) Enforcement.--If a shipowner fails to reimburse 
        the Fund under paragraph (1), the Secretary may--
                  (A) proceed in rem against any vessel of the 
                shipowner in the Federal district court for the 
                district in which the vessel is found; and
                  (B) withhold or revoke the clearance required 
                under section 60105 of any vessel of the 
                shipowner wherever the vessel is found.
          (3) Remedy.--A vessel may obtain clearance from the 
        Secretary after it is withheld or revoked under 
        paragraph (2)(B) if the shipowner reimburses the Fund 
        the amount required under paragraph (1).
  (f) Bond and Surety.--
          (1) Authority.--The Secretary may require a bond or a 
        surety satisfactory as an alternative to withholding or 
        revoking clearance under subsection (e) if, in the 
        opinion of the Secretary, the bond or surety 
        satisfactory is necessary to facilitate an 
        investigation, reporting, documentation, or 
        adjudication of any matter that is related to the 
        administration or enforcement of any treaty, law, or 
        regulation by the Coast Guard.
          (2) Surety corporations.--A surety corporation may 
        provide a bond or surety satisfactory under paragraph 
        (1) if the surety corporation is authorized by the 
        Secretary of the Treasury under section 9305 of title 
        31 to provide surety bonds under section 9304 of title 
        31.
          (3) Application.--The authority to require a bond or 
        surety satisfactory or to request the withholding or 
        revocation of the clearance under subsection (e) 
        applies to any investigation, reporting, documentation, 
        or adjudication of any matter that is related to the 
        administration or enforcement of any treaty, law, or 
        regulation by the Coast Guard.
  (g) Definitions.--In this section:
          (1) Abandons; abandoned.--The term ``abandons'' or 
        ``abandoned'' means--
                  (A) a shipowner's unilateral severance of 
                ties with a seafarer; or
                  (B) a shipowner's failure to provide 
                necessary support of a seafarer.
          (2) Bond or surety satisfactory.--The term ``bond or 
        surety satisfactory'' means a negotiated instrument, 
        the terms of which may, at the discretion of the 
        Secretary, include provisions that require a shipowner 
        to--
                  (A) provide necessary support of a seafarer 
                who has or may have information pertinent to an 
                investigation, reporting, documentation, or 
                adjudication of any matter that is related to 
                the administration or enforcement of any 
                treaty, law, or regulation by the Coast Guard;
                  (B) facilitate an investigation, reporting, 
                documentation, or adjudication of any matter 
                that is related to the administration or 
                enforcement of any treaty, law, or regulation 
                by the Coast Guard;
                  (C) stipulate to certain incontrovertible 
                facts, including the ownership or operation of 
                the vessel, or the authenticity of documents 
                and things from the vessel;
                  (D) facilitate service of correspondence and 
                legal papers;
                  (E) enter an appearance in United States 
                district court;
                  (F) comply with directions regarding payment 
                of funds;
                  (G) name an agent in the United States for 
                service of process;
                  (H) stipulate in United States district court 
                as to the authenticity of certain documents;
                  (I) provide assurances that no discriminatory 
                or retaliatory measures will be taken against a 
                seafarer involved in an investigation, 
                reporting, documentation, or adjudication of 
                any matter that is related to the 
                administration or enforcement of any treaty, 
                law, or regulation by the Coast Guard;
                  (J) provide financial security in the form of 
                cash, bond, or other means acceptable to the 
                Secretary; and
                  (K) provide for any other appropriate 
                measures as the Secretary considers necessary 
                to ensure the Government is not prejudiced by 
                granting the clearance required under section 
                60105 of title 46.
          (3) Fund.--The term ``Fund'' means the Support of 
        Seafarers Fund established under this section.
          (4) Necessary support.--The term ``necessary 
        support'' means normal wages, lodging, subsistence, 
        clothing, medical care (including hospitalization), 
        repatriation, and any other expense the Secretary 
        considers appropriate.
          (5) Seafarer.--The term ``seafarer'' means an alien 
        crewman who is employed or engaged in any capacity on 
        board a vessel subject to the jurisdiction of the 
        United States.
          (6) Shipowner.--The term ``shipowner'' means an 
        individual or entity that owns, has an ownership 
        interest in, or operates a vessel subject to the 
        jurisdiction of the United States.
          (7) Vessel subject to the jurisdiction of the United 
        States.--The term ``vessel subject to the jurisdiction 
        of the United States'' has the meaning given the term 
        in section 70502(c), except that it excludes--
                  (A) a vessel--
                          (i) that is owned by the United 
                        States, a State or political 
                        subdivision thereof, or a foreign 
                        nation; and
                          (ii) that is not engaged in commerce; 
                        and
                  (B) a bareboat--
                          (i) that is chartered and operated by 
                        the United States, a State or political 
                        subdivision thereof, or a foreign 
                        nation; and
                          (ii) that is not engaged in commerce.
  (h) Regulations.--The Secretary may prescribe regulations to 
implement this section.

                                  
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