```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1665 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1665

 To authorize appropriations for the Coast Guard for fiscal years 2012 
                   and 2013, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 6, 2011

Mr. Begich (for himself, Mr. Rockefeller, and Ms. Snowe) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
 To authorize appropriations for the Coast Guard for fiscal years 2012 
                   and 2013, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Coast Guard 
Authorization Act for Fiscal Years 2012 and 2013''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

                         TITLE I--AUTHORIZATION

Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
                         TITLE II--ORGANIZATION

Sec. 201. Coast Guard authority to operate and maintain Coast Guard 
                            assets.
Sec. 202. Clarification of Coast Guard ice operations mission.
                          TITLE III--PERSONNEL

Sec. 301. Acquisition workforce expedited hiring authority.
Sec. 302. Inactive duty promotion list flag officers in active status.
Sec. 303. Officers recommended for promotion.
Sec. 304. Original appointment of permanent commissioned officers.
Sec. 305. Academy pay, allowances, and emoluments.
Sec. 306. Academy policy on sexual harassment and sexual violence.
Sec. 307. Coast Guard auxiliarists enrollment eligibility.
                        TITLE IV--ADMINISTRATION

Sec. 401. Advance procurement funding.
Sec. 402. Authority to maintain United States polar icebreaking 
                            capability.
Sec. 403. Forward operating facility.
Sec. 404. National response functions.
Sec. 405. Conforming amendment.
                    TITLE V--SHIPPING AND NAVIGATION

Sec. 501. Designation of St. George Harbor as a harbor of refuge.
Sec. 502. Protection and fair treatment of seafarers.
Sec. 503. Delegation of authority.
Sec. 504. Report on establishment of arctic deep water port.
                        TITLE VI--MISCELLANEOUS

Sec. 601. Conveyance of decommissioned Coast Guard cutter STORIS.
Sec. 602. Coast Guard administrative costs.
Sec. 603. Oil spill liability trust fund investment amount.
Sec. 604. Dry dock operation.
Sec. 605. Technical amendments.

                         TITLE I--AUTHORIZATION

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    (a) Fiscal Year 2012.--Funds are authorized to be appropriated for 
fiscal year 2012 for necessary expenses of the Coast Guard as follows:
            (1) For the operation and maintenance of the Coast Guard, 
        $7,077,783,000 of which $24,500,000 is authorized to be derived 
        from the Oil Spill Liability Trust Fund to carry out the 
        purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 
        (33 U.S.C. 2712(a)(5)).
            (2) For the acquisition, construction, rebuilding, 
        renovation, and improvement of aids to navigation, shore and 
        offshore facilities, vessels, and aircraft, including equipment 
        related thereto, $1,421,924,000 of which--
                    (A) $20,000,000 shall be derived from the Oil Spill 
                Liability Trust Fund to carry out the purposes of 
                section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
                U.S.C. 2712(a)(5)), to remain available until expended;
                    (B) $642,000,000 is authorized to acquire, effect 
                major repairs to, renovate, or improve vessels, small 
                boats, and related equipment;
                    (C) $289,000,000 is authorized to acquire, effect 
                major repairs to, renovate, or improve aircraft or 
                increase aviation capability;
                    (D) $166,140,000 is authorized for other equipment;
                    (E) $213,692,000 is authorized for shore 
                facilities, aids to navigation facilities, and military 
                housing, of which not more than $14,000,000 shall be 
                derived from the Coast Guard Housing Fund; and
                    (F) $110,192,000 is authorized for personnel 
                compensation and benefits and related costs.
            (3) For research, development, testing, and evaluation of 
        technologies, materials, and human factors directly related to 
        improving the performance of the Coast Guard's mission in 
        search and rescue, aids to navigation, marine safety, marine 
        environmental protection, enforcement of laws and treaties, ice 
        operations, oceanographic research, and defense readiness, 
        $19,779,000.
            (4) For retired pay (including the payment of obligations 
        otherwise chargeable to lapsed appropriations for this 
        purpose), payments under the Retired Serviceman's Family 
        Protection and Survivor Benefit Plans, and payments for medical 
        and dental care of retired personnel and their dependents under 
        chapter 55 of title 10, United States Code, $1,440,157,000, to 
        remain available until expended.
            (5) For alteration or removal of bridges over navigable 
        waters of the United States constituting obstructions to 
        navigation, and for personnel and administrative costs 
        associated with the Alteration of Bridges Program, $16,000,000.
            (6) For environmental compliance and restoration functions 
        under chapter 19 of title 14, United States Code, $16,699,000.
            (7) For operation and maintenance of the Coast Guard 
        Reserve program, $136,778,000.
    (b) Fiscal Year 2013.--Funds are authorized to be appropriated for 
fiscal year 2013 for necessary expenses of the Coast Guard as follows:
            (1) For the operation and maintenance of the Coast Guard, 
        $7,077,783,000 of which $24,500,000 is authorized to be derived 
        from the Oil Spill Liability Trust Fund to carry out the 
        purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 
        (33 U.S.C. 2712(a)(5)).
            (2) For the acquisition, construction, rebuilding, 
        renovation, and improvement of aids to navigation, shore and 
        offshore facilities, vessels, and aircraft, including equipment 
        related thereto, $1,421,924,000 of which--
                    (A) $20,000,000 shall be derived from the Oil Spill 
                Liability Trust Fund to carry out the purposes of 
                section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
                U.S.C. 2712(a)(5)), to remain available until expended;
                    (B) $642,000,000 is authorized to acquire, effect 
                major repairs, renovate, or improve vessels, small 
                boats, and related equipment;
                    (C) $289,000,000 is authorized to acquire, effect 
                major repairs, renovate, or improve aircraft or 
                increase aviation capability;
                    (D) $166,140,000 is authorized for other equipment;
                    (E) $213,692,000 is authorized for shore 
                facilities, aids to navigation facilities, and military 
                housing, of which not more than $14,000,000 shall be 
                derived from the Coast Guard Housing Fund; and
                    (F) $110,192,000 is authorized for personnel 
                compensation and benefits and related costs.
            (3) For research, development, testing, and evaluation of 
        technologies, materials, and human factors directly related to 
        improving the performance of the Coast Guard's mission in 
        search and rescue, aids to navigation, marine safety, marine 
        environmental protection, enforcement of laws and treaties, ice 
        operations, oceanographic research, and defense readiness, 
        $19,779,000.
            (4) For retired pay (including the payment of obligations 
        otherwise chargeable to lapsed appropriations for this 
        purpose), payments under the Retired Serviceman's Family 
        Protection and Survivor Benefit Plans, and payments for medical 
        and dental care of retired personnel and their dependents under 
        chapter 55 of title 10, United States Code, such sums as are 
        required, to remain available until expended.
            (5) For alteration or removal of bridges over navigable 
        waters of the United States constituting obstructions to 
        navigation, and for personnel and administrative costs 
        associated with the Alteration of Bridges Program, $16,000,000.
            (6) For environmental compliance and restoration functions 
        under chapter 19 of title 14, United States Code, $16,699,000.
            (7) For operation and maintenance of the Coast Guard 
        Reserve program, $136,778,000.

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

    (a) Fiscal Year 2012.--
            (1) Active duty strength.--The Coast Guard is authorized an 
        end-of-year strength for active duty personnel of 47,000 for 
        the fiscal year ending on September 30, 2012.
            (2) Military training student loads.--For fiscal year 2012, 
        the Coast Guard is authorized average military training student 
        loads as follows:
                    (A) For recruit and special training, 2,500 student 
                years.
                    (B) For flight training, 165 student years.
                    (C) For professional training in military and 
                civilian institutions, 350 student years.
                    (D) For officer acquisition, 1,200 student years.
    (b) Fiscal Year 2013.--
            (1) Active duty strength.--The Coast Guard is authorized an 
        end-of-year strength for active duty personnel of 49,350 for 
        the fiscal year ending on September 30, 2013.
            (2) Military training student loads.--For fiscal year 2013, 
        the Coast Guard is authorized average military training student 
        loads as follows:
                    (A) For recruit and special training, 2,625 student 
                years.
                    (B) For flight training, 173 student years.
                    (C) For professional training in military and 
                civilian institutions, 368 student years.
                    (D) For officer acquisition, 1,260 student years.

                         TITLE II--ORGANIZATION

SEC. 201. COAST GUARD AUTHORITY TO OPERATE AND MAINTAIN COAST GUARD 
              ASSETS.

    (a) In General.--Section 93 of title 14, United States Code, is 
amended by adding at the end the following:
    ``(e) Operation and Maintenance of Coast Guard Assets and 
Facilities.--All authority, including programmatic budget authority, 
for the operation and maintenance of Coast Guard vessels, aircraft, 
systems, 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.''.

SEC. 202. CLARIFICATION OF COAST GUARD ICE OPERATIONS MISSION.

    (a) Coast Guard Provision of Federal Icebreaking Services.--Chapter 
5 of title 14, United States Code, is amended by inserting after 
section 86 the following:

``SEC. 87. PROVISION OF ICEBREAKING SERVICES.

    ``(a) In General.--Notwithstanding any other provision of law, 
except as provided in subsection (b), the Coast Guard shall be the sole 
supplier of icebreaking services, on an advancement or reimbursable 
basis, to each Federal agency that requires icebreaking services.
    ``(b) Exception.--In the event that a Federal agency requires 
icebreaking services and the Coast Guard is unable to provide the 
services, the Federal agency may acquire icebreaking services from 
another entity.''.
    (b) Priority of Coast Guard Missions in Polar Regions.--
            (1) Section 110.--Section 110(b)(2) of the Arctic Research 
        and Policy Act of 1984 (15 U.S.C. 4109(b)(2)) is amended--
                    (A) by inserting ``to execute the statutory 
                missions of the Coast Guard and'' after ``needed''; and
                    (B) by inserting ``and all budget authority related 
                to such operations'' after ``projects,''.
            (2) Section 312.--Section 312(c) of the Antarctic Marine 
        Living Resources Convention Act of 1984 (16 U.S.C. 2441(c)) is 
        amended by inserting ``to execute the statutory missions of the 
        Coast Guard and'' after ``needed''.
    (c) Conforming Amendment.--The table of contents for chapter 5 of 
title 14, United States Code, is amended by inserting after the item 
relating to section 86 the following:

``87. Provision of icebreaking services.''.

                          TITLE III--PERSONNEL

SEC. 301. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.

    Section 404 of the Coast Guard Authorization Act of 2010 (124 Stat. 
2950) is amended--
            (1) in subsection (a)(1), by striking ``as shortage 
        category positions'' and inserting ``as positions for which 
        there is a shortage of candidates or a critical hiring need''; 
        and
            (2) in subsection (b)--
                    (A) by striking ``paragraph'' and inserting 
                ``section''; and
                    (B) by striking ``2012'' and inserting ``2015''.

SEC. 302. INACTIVE DUTY PROMOTION LIST FLAG OFFICERS IN ACTIVE STATUS.

    Section 724(b)(2) of title 14, United States Code, is amended by 
striking ``two'' and inserting ``3''.

SEC. 303. OFFICERS RECOMMENDED FOR PROMOTION.

    Section 259(c)(1) of title 14, United States Code, is amended by 
striking ``After selecting'' and inserting ``In selecting''.

SEC. 304. ORIGINAL APPOINTMENT OF PERMANENT COMMISSIONED OFFICERS.

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

SEC. 305. ACADEMY PAY, ALLOWANCES, AND EMOLUMENTS.

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

SEC. 306. ACADEMY POLICY ON SEXUAL HARASSMENT AND SEXUAL VIOLENCE.

    (a) Establishment.--Chapter 9 of title 14, United States Code, is 
amended by adding at the end the following:
``Sec. 200. Policy on sexual harassment and sexual violence
    ``(a) Required Policy.--The Commandant shall direct the 
Superintendent of the 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.''.
    (b) Conforming Amendment.--The table of contents for chapter 9 of 
title 14, United States Code, is amended by inserting after the item 
relating to section 199 the following:

``200. Academy policy on sexual harassment and sexual violence.''.

SEC. 307. COAST GUARD AUXILIARISTS ENROLLMENT ELIGIBILITY.

    Section 823 of title 14, United States Code, is amended to read as 
follows:
``Sec. 823. Eligibility, enrollments
    ``The Auxiliary shall be composed of 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 IV--ADMINISTRATION

SEC. 401. ADVANCE PROCUREMENT FUNDING.

    With respect to any Coast Guard vessel for which amounts are 
appropriated or otherwise made available for vessels for the Coast 
Guard in any fiscal year, the Secretary may enter into a contract or 
place an order, in advance of a contract or order for construction of a 
vessel, for--
            (1) materials, parts, components, and effort for the 
        vessel;
            (2) the advance construction of parts or components for the 
        vessel;
            (3) protection and storage of materials, parts, or 
        components for the vessel; and
            (4) production planning, design, and other related support 
        services that reduce the overall procurement lead time of the 
        vessel.

SEC. 402. AUTHORITY TO MAINTAIN UNITED STATES POLAR ICEBREAKING 
              CAPABILITY.

    (a) In General.--The Secretary of the department in which the Coast 
Guard is operating shall acquire, either through new construction or 
the rebuilding, renovating, or improving of existing Coast Guard 
assets, not less than 2 heavy polar icebreakers for operation by the 
Coast Guard.
    (b) Necessary Measures.--The Secretary shall take all necessary 
measures, including the provision of necessary operation and 
maintenance funding, to ensure that--
            (1) the Coast Guard maintains, at a minimum, its current 
        vessel capacity, including 1 medium and 2 heavy polar 
        icebreakers, for carrying out ice operations and other Coast 
        Guard missions in the Arctic and Antarctic, Great Lakes, and 
        New England regions; and
            (2) any such vessels that are not fully operational are 
        brought up to, and maintained at, full operational capability.
    (c) Reimbursement.--Nothing in this section shall preclude the 
Secretary from seeking reimbursement for operation and maintenance 
costs of the polar icebreakers from other Federal agencies and 
entities, including foreign countries, that benefit from the use of the 
polar icebreakers.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of the department in which the Coast 
Guard is operating such sums as may be necessary--
            (1) to acquire the polar icebreakers under subsection (a); 
        and
            (2) to maintain and operate the polar icebreaker fleet 
        under subsection (b).

SEC. 403. FORWARD OPERATING FACILITY.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of the department in which the Coast Guard is operating 
may construct or lease hangar, berthing, and messing facilities in the 
Aleutian Island-Bering Sea operating area. The facilities shall--
            (1) support aircraft maintenance, including exhaust 
        ventilation, heat, engine wash system, head facilities, fuel, 
        ground support services, and electrical power; and
            (2) provide shelter for both current helicopter assets and 
        those projected to be located at Air Station Kodiak, Alaska for 
        at least 20 years.

SEC. 404. NATIONAL RESPONSE FUNCTIONS.

    (a) In General.--Section 311 of the Federal Water Pollution Control 
Act (33 U.S.C. 1321) is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (23); and
                    (B) redesignating paragraphs (24) through (26) as 
                paragraphs (23) through (25), respectively;
            (2) in subsection (j)(2), by striking ``National Response 
        Unit.'' through ``acting through the National Response Unit'' 
        and inserting the following:
            ``(2) National response functions.--The Secretary of the 
        department in which the Coast Guard is operating--''; and
            (3) in subsection (j)(4)(C)(vi), by striking ``, and into 
        operating procedures of the National Response Unit''.
    (b) Conforming Amendment.--Section 4202(b) of the Oil Pollution Act 
of 1990 (33 U.S.C. 1321 note) is amended--
            (1) by striking paragraph (2); and
            (2) by redesignating paragraphs (3) and (4) as paragraphs 
        (2) and (3), respectively.

SEC. 405. CONFORMING AMENDMENT.

    Section 210 of the Coast Guard and Maritime Transportation Act of 
2006 (14 U.S.C. 93 note) is repealed.

                    TITLE V--SHIPPING AND NAVIGATION

SEC. 501. DESIGNATION OF ST. GEORGE HARBOR AS A HARBOR OF REFUGE.

    (a) Consultation.--Not later than 1 year after the date of 
enactment of this Act, the Commandant of the Coast Guard shall consult 
with appropriate Federal agencies and with State and local interests to 
determine what improvements are necessary to make the harbor at St. 
George, Alaska, a fully functional harbor of refuge throughout the 
year.
    (b) Purposes.--The purposes of the consultation under subsection 
(a) shall be to enhance safety of human life at sea and protect the 
marine environment in the Central Bering Sea.
    (c) Report.--Not later than 90 days after making the determination 
under subsection (a), the Commandant shall inform the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives in 
writing of the improvements necessary to make the harbor at St. George, 
Alaska, a fully functional harbor of refuge throughout the year.

SEC. 502. PROTECTION AND FAIR TREATMENT OF SEAFARERS.

    (a) In General.--Chapter 111 of title 46, United States Code, is 
amended by adding at the end the following:
``Sec. 11113. Protection and fair treatment of seafarers
    ``(a) Purpose.--The purpose of this section shall be to ensure the 
protection and fair treatment of seafarers.
    ``(b) Special Fund.--
            ``(1) Establishment.--There is established in the Treasury 
        a special fund known as the `Support of Seafarers Fund'.
            ``(2) Use of amounts in fund.--The amounts deposited into 
        the Fund shall be available to the Secretary, without further 
        appropriation and 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 as 
                a form of credit in lieu of community service under 
                section 3563(b) of title 18 to the extent permitted 
                under paragraph (4);
                    ``(B) amounts reimbursed or recovered under 
                subsection (e);
                    ``(C) amounts appropriated to the Fund; and
                    ``(D) appropriations available to the Secretary for 
                transfer.
            ``(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) Report required.--
                    ``(A) In general.--Except as provided under 
                subparagraph (B), the Secretary may not obligate any 
                amount in the Fund in a given fiscal year unless the 
                Secretary submits a report to Congress, concurrent with 
                the President's budget submission for that fiscal year, 
                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.
            ``(6) 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 (5);
                    ``(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, in whole or in part, without further 
        appropriation and without fiscal year limitation, from amounts 
        in 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, in whole or in part, without further 
        appropriation and without fiscal year limitation, from amounts 
        in the Fund, a shipowner that has filed a bond or surety 
        satisfactory under subsection (f) and provides necessary 
        support of a seafarer, 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 to the Secretary as an alternative to 
        withholding or revoking clearance under subsection (e) if--
                    ``(A) 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; and
                    ``(B) the surety corporation providing the bond or 
                surety satisfactory is authorized by the Secretary of 
                the Treasury under section 9305 of title 31 to provide 
                surety bonds under section 9304 of title 31.
            ``(2) 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.''.
    (b) Conforming Amendment.--The table of contents for chapter 111 of 
title 46, United States Code, is amended by inserting after the item 
relating to section 11112 the following:

``11113. Protection and fair treatment of seafarers.''.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Fund $1,500,000 for each of fiscal years 2012, 
2013, and 2014.

SEC. 503. DELEGATION OF AUTHORITY.

    Section 3316 of title 46, United States Code, is amended--
            (1) in subsection (b)(2)--
                    (A) by striking ``and'' at the end of subparagraph 
                (A);
                    (B) by striking the period at the end of 
                subparagraph (B) and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) if the Secretary of State determines that the 
                foreign classification society does not provide 
                comparable services in or for the government of a 
                country designated by the Secretary of State as a State 
                Sponsor of Terrorism.'';
            (2) in subsection (d)(2)--
                    (A) by striking ``and'' at the end of subparagraph 
                (A);
                    (B) by striking the period at the end of 
                subparagraph (B) and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) if the Secretary of State determines that the 
                foreign classification society does not provide 
                comparable services in or for the government of a 
                country designated by the Secretary of State as a State 
                Sponsor of Terrorism.''; and
            (3) by adding at the end the following--
    ``(e) The Secretary shall revoke an existing delegation made to a 
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.''.

SEC. 504. REPORT ON ESTABLISHMENT OF ARCTIC DEEP WATER PORT.

    (a) Study.--The Commandant of the Coast Guard shall conduct a study 
on the feasibility and potential of establishing a deep water sea port 
in the Arctic to protect and advance strategic United States interests 
within the Arctic region.
    (b) Scope.--The study under subsection (a) shall include an 
analysis of:
            (1) the capability that a deep water sea port would 
        provide;
            (2) potential and optimum locations for the port;
            (3) the resources needed to establish the port;
            (4) the time frame needed to establish the port;
            (5) the infrastructure required to support the port; and
            (6) any other issues the Secretary considers necessary to 
        complete the study.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Commandant shall submit a report on the findings of the 
study under subsection (a) to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives.

                        TITLE VI--MISCELLANEOUS

SEC. 601. CONVEYANCE OF DECOMMISSIONED COAST GUARD CUTTER STORIS.

    (a) In General.--The Commandant of the Coast Guard shall convey the 
Coast Guard Cutter STORIS to the Storis Museum under subsection (b) if 
the Commandant determines that the cost to the Federal Government of 
conveying the Coast Guard Cutter STORIS through the General Services 
Administration exceeds the cost to the Federal Government of conveying 
to the STORIS Museum under subsection (b).
    (b) Coast Guard Cutter STORIS.--Subject to the cost determination 
under subsection (a) and after the decommissioning of the Coast Guard 
Cutter STORIS, the Commandant of the Coast Guard shall convey, without 
consideration, all right, title, and interest owned by the United 
States in the Coast Guard Cutter STORIS to the Storis Museum, a 
nonprofit entity of Juneau, Alaska, if the head of the STORIS Museum 
agrees--
            (1) to use the vessel as a historic memorial;
            (2) to make the United States Coast Guard Cutter STORIS 
        available to the public as a museum;
            (3) to work cooperatively with other museums to provide 
        education and memorialize the maritime heritage of the United 
        States Coast Guard Cutter STORIS and other maritime activities 
        in Alaska, the Pacific Northwest, the Arctic Ocean, and 
        adjacent oceans and seas;
            (4) that the vessel will not be used for commercial 
        transportation purposes;
            (5) to make the vessel available to the United States 
        Government if needed for use by the Commandant in time of war 
        or a national emergency or based on the critical needs of the 
        United States Coast Guard;
            (6) to hold the Government harmless for any claims arising 
        from exposure to hazardous materials, including asbestos and 
        polychlorinated biphenyls (PCBs), except for claims arising 
        from the use of the United States Coast Guard Cutter STORIS by 
        the Government; and
            (7) to any other conditions the Commandant considers 
        appropriate.
    (c) Treatment of Conveyance.--The conveyance of the Coast Guard 
Cutter STORIS under this section shall not be considered a distribution 
in commerce for purposes of section 6(e) of the Toxic Substances 
Control Act (15 U.S.C. 2605(e)).
    (d) Other Excess Equipment.--The Commandant may convey to the 
recipient of the Coast Guard Cutter STORIS under this section any 
excess equipment or parts from other decommissioned Coast Guard vessels 
for use to enhance the vessel's operability and function for purposes 
of a public museum and historical display.

SEC. 602. COAST GUARD ADMINISTRATIVE COSTS.

    Section 1012(a)(4) of the Oil Pollution Act of 1990 (33 U.S.C. 
2712(a)(4)) is amended by striking ``damages'' and inserting ``damages, 
including the cost of commercial claims processing, expert services, 
training, technical services, and other administrative and personnel 
costs to process claims''.

SEC. 603. OIL SPILL LIABILITY TRUST FUND INVESTMENT AMOUNT.

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

SEC. 604. DRY DOCK OPERATION.

    A vessel transported in Dry Dock #2 (State of Alaska registration 
AIDEA FDD-2) shall not be considered merchandise for purposes of 
section 55102 of title 46, United States Code, if, during 
transportation under that section, Dry Dock #2 is connected to 
electrical, water, compressed air, and wastewater utility shoreside 
connections located in Ketchikan, Alaska.

SEC. 605. TECHNICAL AMENDMENTS.

    (a) Continuation on Active Duty.--Section 290(a) of title 14, 
United States Code, is amended in the second sentence by striking ``in 
the grade of vice admiral'' and inserting ``in or above the grade of 
vice admiral''.
    (b) Failure of Selection and Removal From Active Status.--Section 
740(d) of title 14, United States Code, is amended by striking ``that 
appointment'' and inserting ``that Reserve appointment''.
    (c) Table of Contents.--The table of contents for chapter 17 of 
title 14, United States Code, is amended by--
            (1) by striking the item relating to section 669 and 
        inserting the following:

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

``674. Small boat station rescue capability.''.
                                 <all>
```