II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Coast Guard Authorization Act for Fiscal Years 2012 

6 and 2013’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

TITLE I—AUTHORIZATION 

Sec. 101. Authorization of appropriations. 

Sec. 102. Authorized levels of military strength and training. 


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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. 

1 TITLE I—AUTHORIZATION 

2 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

3 (a) FISCAL YEAR 2012.—Funds are authorized to be 

4 appropriated for fiscal year 2012 for necessary expenses 

5 of the Coast Guard as follows: 

6 (1) For the operation and maintenance of the 

7 Coast Guard, $7,077,783,000 of which $24,500,000 

8 is authorized to be derived from the Oil Spill Liabil9 ity Trust Fund to carry out the purposes of section 


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1 1012(a)(5) of the Oil Pollution Act of 1990 (33 

2 U.S.C. 2712(a)(5)). 

3 (2) For the acquisition, construction, rebuild4 ing, renovation, and improvement of aids to naviga5 tion, shore and offshore facilities, vessels, and air6 craft, including equipment related thereto, 

7 $1,421,924,000 of which— 

8 (A) $20,000,000 shall be derived from the 

9 Oil Spill Liability Trust Fund to carry out the 

10 purposes of section 1012(a)(5) of the Oil Pollu11 tion Act of 1990 (33 U.S.C. 2712(a)(5)), to re12 main available until expended; 

13 (B) $642,000,000 is authorized to acquire, 

14 effect major repairs to, renovate, or improve 

15 vessels, small boats, and related equipment; 

16 (C) $289,000,000 is authorized to acquire, 

17 effect major repairs to, renovate, or improve 

18 aircraft or increase aviation capability; 

19 (D) $166,140,000 is authorized for other 

20 equipment; 

21 (E) $213,692,000 is authorized for shore 

22 facilities, aids to navigation facilities, and mili23 tary housing, of which not more than 

24 $14,000,000 shall be derived from the Coast 

25 Guard Housing Fund; and 


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1 (F) $110,192,000 is authorized for per2 sonnel compensation and benefits and related 

3 costs. 

4 (3) For research, development, testing, and 

5 evaluation of technologies, materials, and human 

6 factors directly related to improving the performance 

7 of the Coast Guard’s mission in search and rescue, 

8 aids to navigation, marine safety, marine environ9 mental protection, enforcement of laws and treaties, 

10 ice operations, oceanographic research, and defense 

11 readiness, $19,779,000. 

12 (4) For retired pay (including the payment of 

13 obligations otherwise chargeable to lapsed appropria14 tions for this purpose), payments under the Retired 

15 Serviceman’s Family Protection and Survivor Ben16 efit Plans, and payments for medical and dental care 

17 of retired personnel and their dependents under 

18 chapter 55 of title 10, United States Code, 

19 $1,440,157,000, to remain available until expended. 

20 (5) For alteration or removal of bridges over 

21 navigable waters of the United States constituting 

22 obstructions to navigation, and for personnel and 

23 administrative costs associated with the Alteration of 

24 Bridges Program, $16,000,000. 


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1 (6) For environmental compliance and restora2 tion functions under chapter 19 of title 14, United 

3 States Code, $16,699,000. 

4 (7) For operation and maintenance of the Coast 

5 Guard Reserve program, $136,778,000. 

6 (b) FISCAL YEAR 2013.—Funds are authorized to be 

7 appropriated for fiscal year 2013 for necessary expenses 

8 of the Coast Guard as follows: 

9 (1) For the operation and maintenance of the 

10 Coast Guard, $7,077,783,000 of which $24,500,000 

11 is authorized to be derived from the Oil Spill Liabil12 ity Trust Fund to carry out the purposes of section 

13 1012(a)(5) of the Oil Pollution Act of 1990 (33 

14 U.S.C. 2712(a)(5)). 

15 (2) For the acquisition, construction, rebuild16 ing, renovation, and improvement of aids to naviga17 tion, shore and offshore facilities, vessels, and air18 craft, including equipment related thereto, 

19 $1,421,924,000 of which— 

20 (A) $20,000,000 shall be derived from the 

21 Oil Spill Liability Trust Fund to carry out the 

22 purposes of section 1012(a)(5) of the Oil Pollu23 tion Act of 1990 (33 U.S.C. 2712(a)(5)), to re24 main available until expended; 


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1 (B) $642,000,000 is authorized to acquire, 

2 effect major repairs, renovate, or improve ves3 sels, small boats, and related equipment; 

4 (C) $289,000,000 is authorized to acquire, 

5 effect major repairs, renovate, or improve air6 craft or increase aviation capability; 

7 (D) $166,140,000 is authorized for other 

8 equipment; 

9 (E) $213,692,000 is authorized for shore 

10 facilities, aids to navigation facilities, and mili11 tary housing, of which not more than 

12 $14,000,000 shall be derived from the Coast 

13 Guard Housing Fund; and 

14 (F) $110,192,000 is authorized for per15 sonnel compensation and benefits and related 

16 costs. 

17 (3) For research, development, testing, and 

18 evaluation of technologies, materials, and human 

19 factors directly related to improving the performance 

20 of the Coast Guard’s mission in search and rescue, 

21 aids to navigation, marine safety, marine environ22 mental protection, enforcement of laws and treaties, 

23 ice operations, oceanographic research, and defense 

24 readiness, $19,779,000. 


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1 (4) For retired pay (including the payment of 

2 obligations otherwise chargeable to lapsed appropria3 tions for this purpose), payments under the Retired 

4 Serviceman’s Family Protection and Survivor Ben5 efit Plans, and payments for medical and dental care 

6 of retired personnel and their dependents under 

7 chapter 55 of title 10, United States Code, such 

8 sums as are required, to remain available until ex9 pended. 

10 (5) For alteration or removal of bridges over 

11 navigable waters of the United States constituting 

12 obstructions to navigation, and for personnel and 

13 administrative costs associated with the Alteration of 

14 Bridges Program, $16,000,000. 

15 (6) For environmental compliance and restora16 tion functions under chapter 19 of title 14, United 

17 States Code, $16,699,000. 

18 (7) For operation and maintenance of the Coast 

19 Guard Reserve program, $136,778,000. 

20 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 

21 AND TRAINING. 

22 (a) FISCAL YEAR 2012.— 

23 (1) ACTIVE DUTY STRENGTH.—The Coast 

24 Guard is authorized an end-of-year strength for acVerDate Mar 15 2010 22:33 Oct 07, 2011 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1665.IS S1665

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1 tive duty personnel of 47,000 for the fiscal year end2 ing on September 30, 2012. 

3 (2) MILITARY TRAINING STUDENT LOADS.—For 

4 fiscal year 2012, the Coast Guard is authorized av5 erage military training student loads as follows: 

6 (A) For recruit and special training, 2,500 

7 student years. 

8 (B) For flight training, 165 student years. 

9 (C) For professional training in military 

10 and civilian institutions, 350 student years. 

11 (D) For officer acquisition, 1,200 student 

12 years. 

13 (b) FISCAL YEAR 2013.— 

14 (1) ACTIVE DUTY STRENGTH.—The Coast 

15 Guard is authorized an end-of-year strength for ac16 tive duty personnel of 49,350 for the fiscal year end17 ing on September 30, 2013. 

18 (2) MILITARY TRAINING STUDENT LOADS.—For 

19 fiscal year 2013, the Coast Guard is authorized av20 erage military training student loads as follows: 

21 (A) For recruit and special training, 2,625 

22 student years. 

23 (B) For flight training, 173 student years. 

24 (C) For professional training in military 

25 and civilian institutions, 368 student years. 


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1 (D) For officer acquisition, 1,260 student 

2 years. 

3 TITLE II—ORGANIZATION 

4 SEC. 201. COAST GUARD AUTHORITY TO OPERATE AND 

5 MAINTAIN COAST GUARD ASSETS. 

6 (a) IN GENERAL.—Section 93 of title 14, United 

7 States Code, is amended by adding at the end the fol8 lowing: 

9 ‘‘(e) OPERATION AND MAINTENANCE OF COAST

10 GUARD ASSETS AND FACILITIES.—All authority, includ11 ing programmatic budget authority, for the operation and 

12 maintenance of Coast Guard vessels, aircraft, systems, 

13 aides to navigation, infrastructure, and any other Coast 

14 Guard assets or facilities, shall be allocated to and vested 

15 in the Coast Guard and the department in which the Coast 

16 Guard is operating.’’. 

17 SEC. 202. CLARIFICATION OF COAST GUARD ICE OPER18 ATIONS MISSION. 

19 (a) COAST GUARD PROVISION OF FEDERAL

20 ICEBREAKING SERVICES.—Chapter 5 of title 14, United 

21 States Code, is amended by inserting after section 86 the 

22 following: 

23 ‘‘SEC. 87. PROVISION OF ICEBREAKING SERVICES. 

24 ‘‘(a) IN GENERAL.—Notwithstanding any other pro25 vision of law, except as provided in subsection (b), the 


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1 Coast Guard shall be the sole supplier of icebreaking serv2 ices, on an advancement or reimbursable basis, to each 

3 Federal agency that requires icebreaking services. 

4 ‘‘(b) EXCEPTION.—In the event that a Federal agen5 cy requires icebreaking services and the Coast Guard is 

6 unable to provide the services, the Federal agency may 

7 acquire icebreaking services from another entity.’’. 

8 (b) PRIORITY OF COAST GUARD MISSIONS IN POLAR

9 REGIONS.— 

10 (1) SECTION 110.—Section 110(b)(2) of the 

11 Arctic Research and Policy Act of 1984 (15 U.S.C. 

12 4109(b)(2)) is amended— 

13 (A) by inserting ‘‘to execute the statutory 

14 missions of the Coast Guard and’’ after ‘‘need15 ed’’; and 

16 (B) by inserting ‘‘and all budget authority 

17 related to such operations’’ after ‘‘projects,’’. 

18 (2) SECTION 312.—Section 312(c) of the Ant19 arctic Marine Living Resources Convention Act of 

20 1984 (16 U.S.C. 2441(c)) is amended by inserting 

21 ‘‘to execute the statutory missions of the Coast 

22 Guard and’’ after ‘‘needed’’. 

23 (c) CONFORMING AMENDMENT.—The table of con24 tents for chapter 5 of title 14, United States Code, is 


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1 amended by inserting after the item relating to section 86 

2 the following: 

‘‘87. Provision of icebreaking services.’’. 

3 TITLE III—PERSONNEL 

4 SEC. 301. ACQUISITION WORKFORCE EXPEDITED HIRING 

5 AUTHORITY. 

6 Section 404 of the Coast Guard Authorization Act 

7 of 2010 (124 Stat. 2950) is amended— 

8 (1) in subsection (a)(1), by striking ‘‘as short9 age category positions’’ and inserting ‘‘as positions 

10 for which there is a shortage of candidates or a crit11 ical hiring need’’; and 

12 (2) in subsection (b)— 

13 (A) by striking ‘‘paragraph’’ and inserting 

14 ‘‘section’’; and 

15 (B) by striking ‘‘2012’’ and inserting 

16 ‘‘2015’’. 

17 SEC. 302. INACTIVE DUTY PROMOTION LIST FLAG OFFI18 CERS IN ACTIVE STATUS. 

19 Section 724(b)(2) of title 14, United States Code, is 

20 amended by striking ‘‘two’’ and inserting ‘‘3’’. 

21 SEC. 303. OFFICERS RECOMMENDED FOR PROMOTION. 

22 Section 259(c)(1) of title 14, United States Code, is 

23 amended by striking ‘‘After selecting’’ and inserting ‘‘In 

24 selecting’’. 


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1 SEC. 304. ORIGINAL APPOINTMENT OF PERMANENT COM2 MISSIONED OFFICERS. 

3 Section 211 of title 14, United States Code, is 

4 amended by adding at the end the following: 

5 ‘‘(d) For purposes of this section, the term ‘original’ 

6 with respect to the appointment of a member of the Coast 

7 Guard refers to the member’s most recent appointment 

8 in the Coast Guard that is neither a promotion nor a de9 motion.’’. 

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

11 Section 195 of title 14, United States Code, is 

12 amended— 

13 (1) by striking ‘‘person’’ each place it appears 

14 and inserting ‘‘foreign national’’; and 

15 (2) by striking ‘‘pay and allowances’’ each place 

16 it appears and inserting ‘‘pay, allowances, and 

17 emoluments’’. 

18 SEC. 306. ACADEMY POLICY ON SEXUAL HARASSMENT AND 

19 SEXUAL VIOLENCE. 

20 (a) ESTABLISHMENT.—Chapter 9 of title 14, United 

21 States Code, is amended by adding at the end the fol22 lowing: 

23 ‘‘§ 200. Policy on sexual harassment and sexual vio24 lence 

25 ‘‘(a) REQUIRED POLICY.—The Commandant shall di26 rect the Superintendent of the Academy to prescribe a polVerDate Mar 15 2010 22:33 Oct 07, 2011 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1665.IS S1665

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1 icy on sexual harassment and sexual violence. The policy 

2 shall apply to each member of the Coast Guard Academy 

3 personnel. For purposes of this section, the term ‘Coast 

4 Guard Academy personnel’ includes cadets. 

5 ‘‘(b) POLICY SPECIFICATIONS.—The policy under 

6 subsection (a) shall include— 

7 ‘‘(1) programs to promote awareness of the in8 cidence of rape, acquaintance rape, and other sexual 

9 offenses of a criminal nature on and off the Acad10 emy reservation; 

11 ‘‘(2) the procedure that a victim of sexual har12 assment or sexual violence on or off the Academy 

13 reservation shall follow if the victim chooses to re14 port the sexual harassment or sexual violence, in15 cluding— 

16 ‘‘(A) how to report the alleged sexual har17 assment or sexual violence, including— 

18 ‘‘(i) the name and contact information 

19 of each person that the victim must con20 tact; and 

21 ‘‘(ii) an option for confidential report22 ing; 

23 ‘‘(B) the name and contact information of 

24 each person that the victim can contact for as25 sistance; and 


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1 ‘‘(C) how to preserve evidence; 

2 ‘‘(3) the procedure for disciplinary action 

3 against a member of the Coast Guard Academy per4 sonnel who commits sexual harassment or sexual vi5 olence; 

6 ‘‘(4) any other authorized sanctions against a 

7 member of the Coast Guard Academy personnel who 

8 commits sexual harassment or sexual violence; and 

9 ‘‘(5) required training on the policy for each 

10 member of the Coast Guard Academy personnel, in11 cluding a specific training requirement for each 

12 member of the Coast Guard Academy personnel who 

13 process allegations of sexual harassment or sexual 

14 violence. 

15 ‘‘(c) ASSESSMENT.— 

16 ‘‘(1) IN GENERAL.—The Commandant shall di17 rect the Superintendent of the Academy to conduct 

18 an assessment during each Academy program year 

19 to determine the effectiveness of the policy under 

20 subsection (a). 

21 ‘‘(2) BIENNIAL SURVEY.—Each assessment 

22 under paragraph (1) that is conducted during an 

23 odd-numbered program year shall include a survey 

24 of Coast Guard Academy personnel. The survey 

25 shall— 


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1 ‘‘(A) measure— 

2 ‘‘(i) the incidence, during that pro3 gram year, of sexual harassment and sex4 ual violence, on or off the Academy res5 ervation, that were reported under sub6 section (b)(2); and 

7 ‘‘(ii) the incidence, during that pro8 gram year, of sexual harassment and sex9 ual violence, on or off the Academy res10 ervation, that were not reported under sub11 section (b)(2); and 

12 ‘‘(B) assess the perceptions of Coast 

13 Guard Academy personnel regarding— 

14 ‘‘(i) the policy, training, and proce15 dures on sexual harassment and sexual vio16 lence; 

17 ‘‘(ii) the enforcement of the policy; 

18 ‘‘(iii) the incidence of sexual harass19 ment and sexual violence involving Coast 

20 Guard Academy personnel; and 

21 ‘‘(iv) any other issues relating to sex22 ual harassment and sexual violence involv23 ing Coast Guard Academy personnel, that 

24 the Superintendent of the Academy con25 siders relevant. 


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1 ‘‘(d) REPORT.— 

2 ‘‘(1) IN GENERAL.—The Commandant shall di3 rect the Superintendent of the Academy to submit a 

4 report to the Commandant each Academy program 

5 year on sexual harassment and sexual violence in6 volving a member of the Coast Guard Academy per7 sonnel that year. 

8 ‘‘(2) REPORT SPECIFICATIONS.—A report under 

9 paragraph (1) shall include— 

10 ‘‘(A) the number of reported incidents of 

11 sexual violence, on or off the Academy reserva12 tion, involving a member of the Coast Guard 

13 Academy, categorized by the type of offence, 

14 such as rape and sexual assault; 

15 ‘‘(B) the number of reported incidents 

16 under subparagraph (A) that were substan17 tiated; 

18 ‘‘(C) any updates to the policy, training, or 

19 procedures on sexual harassment and sexual vi20 olence under this section during the Academy 

21 program year; and 

22 ‘‘(D) a plan detailing the action that will 

23 be taken during the subsequent Academy pro24 gram year to respond to and prevent sexual 

25 harassment and sexual violence, on or off the 


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1 Academy reservation, involving a member of the 

2 Coast Guard Academy. 

3 ‘‘(3) BIENNIAL SURVEY.—Each report under 

4 paragraph (1) that is submitted during an odd-num5 bered program year shall include the results of the 

6 survey under subsection (c)(2). 

7 ‘‘(4) TRANSMISSION OF REPORT.—Not later 

8 than 90 days after the date of receipt of a report 

9 under paragraph (1), the Commandant shall trans10 mit a copy of the report and the Commandant’s 

11 comments on the report to the Committee on Com12 merce, Science, and Transportation of the Senate 

13 and the Committee on Transportation and Infra14 structure of the House of Representatives.’’. 

15 (b) CONFORMING AMENDMENT.—The table of con16 tents for chapter 9 of title 14, United States Code, is 

17 amended by inserting after the item relating to section 

18 199 the following: 

‘‘200. Academy policy on sexual harassment and sexual violence.’’. 

19 SEC. 307. COAST GUARD AUXILIARISTS ENROLLMENT ELI20 GIBILITY. 

21 Section 823 of title 14, United States Code, is 

22 amended to read as follows: 

23 ‘‘§ 823. Eligibility, enrollments 

24 ‘‘The Auxiliary shall be composed of citizens of the 

25 United States and its territories and possessions, and of 


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1 aliens lawfully admitted for permanent residence, as de2 fined in section 101(a)(20) of the Immigration and Na3 tionality Act (8 U.S.C. 1101(a)(20))— 

4 ‘‘(1) who are owners, sole or part, of motor5 boats, yachts, aircraft, or radio stations; or 

6 ‘‘(2) who by reason of their special training or 

7 experience are deemed by the Commandant to be 

8 qualified for duty in the Auxiliary, and who may be 

9 enrolled therein pursuant to applicable regulations.’’. 

10 TITLE IV—ADMINISTRATION 

11 SEC. 401. ADVANCE PROCUREMENT FUNDING. 

12 With respect to any Coast Guard vessel for which 

13 amounts are appropriated or otherwise made available for 

14 vessels for the Coast Guard in any fiscal year, the Sec15 retary may enter into a contract or place an order, in ad16 vance of a contract or order for construction of a vessel, 

17 for— 

18 (1) materials, parts, components, and effort for 

19 the vessel; 

20 (2) the advance construction of parts or compo21 nents for the vessel; 

22 (3) protection and storage of materials, parts, 

23 or components for the vessel; and 


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1 (4) production planning, design, and other re2 lated support services that reduce the overall pro3 curement lead time of the vessel. 

4 SEC. 402. AUTHORITY TO MAINTAIN UNITED STATES POLAR 

5 ICEBREAKING CAPABILITY. 

6 (a) IN GENERAL.—The Secretary of the department 

7 in which the Coast Guard is operating shall acquire, either 

8 through new construction or the rebuilding, renovating, or 

9 improving of existing Coast Guard assets, not less than 

10 2 heavy polar icebreakers for operation by the Coast 

11 Guard. 

12 (b) NECESSARY MEASURES.—The Secretary shall 

13 take all necessary measures, including the provision of 

14 necessary operation and maintenance funding, to ensure 

15 that— 

16 (1) the Coast Guard maintains, at a minimum, 

17 its current vessel capacity, including 1 medium and 

18 2 heavy polar icebreakers, for carrying out ice oper19 ations and other Coast Guard missions in the Arctic 

20 and Antarctic, Great Lakes, and New England re21 gions; and 

22 (2) any such vessels that are not fully oper23 ational are brought up to, and maintained at, full 

24 operational capability. 


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1 (c) REIMBURSEMENT.—Nothing in this section shall 

2 preclude the Secretary from seeking reimbursement for 

3 operation and maintenance costs of the polar icebreakers 

4 from other Federal agencies and entities, including foreign 

5 countries, that benefit from the use of the polar ice6 breakers. 

7 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated to the Secretary of the 

9 department in which the Coast Guard is operating such 

10 sums as may be necessary— 

11 (1) to acquire the polar icebreakers under sub12 section (a); and 

13 (2) to maintain and operate the polar ice14 breaker fleet under subsection (b). 

15 SEC. 403. FORWARD OPERATING FACILITY. 

16 Not later than 180 days after the date of enactment 

17 of this Act, the Secretary of the department in which the 

18 Coast Guard is operating may construct or lease hangar, 

19 berthing, and messing facilities in the Aleutian Island20 Bering Sea operating area. The facilities shall— 

21 (1) support aircraft maintenance, including ex22 haust ventilation, heat, engine wash system, head fa23 cilities, fuel, ground support services, and electrical 

24 power; and 


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1 (2) provide shelter for both current helicopter 

2 assets and those projected to be located at Air Sta3 tion Kodiak, Alaska for at least 20 years. 

4 SEC. 404. NATIONAL RESPONSE FUNCTIONS. 

5 (a) IN GENERAL.—Section 311 of the Federal Water 

6 Pollution Control Act (33 U.S.C. 1321) is amended— 

7 (1) in subsection (a)— 

8 (A) by striking paragraph (23); and 

9 (B) redesignating paragraphs (24) through 

10 (26) as paragraphs (23) through (25), respec11 tively; 

12 (2) in subsection (j)(2), by striking ‘‘NATIONAL

13 RESPONSE UNIT.’’ through ‘‘acting through the Na14 tional Response Unit’’ and inserting the following: 

15 ‘‘(2) NATIONAL RESPONSE FUNCTIONS.—The 

16 Secretary of the department in which the Coast 

17 Guard is operating—’’; and 

18 (3) in subsection (j)(4)(C)(vi), by striking ‘‘, 

19 and into operating procedures of the National Re20 sponse Unit’’. 

21 (b) CONFORMING AMENDMENT.—Section 4202(b) of 

22 the Oil Pollution Act of 1990 (33 U.S.C. 1321 note) is 

23 amended— 

24 (1) by striking paragraph (2); and 


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1 (2) by redesignating paragraphs (3) and (4) as 

2 paragraphs (2) and (3), respectively. 

3 SEC. 405. CONFORMING AMENDMENT. 

4 Section 210 of the Coast Guard and Maritime Trans5 portation Act of 2006 (14 U.S.C. 93 note) is repealed. 

6 TITLE V—SHIPPING AND 

7 NAVIGATION 

8 SEC. 501. DESIGNATION OF ST. GEORGE HARBOR AS A HAR9 BOR OF REFUGE. 

10 (a) CONSULTATION.—Not later than 1 year after the 

11 date of enactment of this Act, the Commandant of the 

12 Coast Guard shall consult with appropriate Federal agen13 cies and with State and local interests to determine what 

14 improvements are necessary to make the harbor at St. 

15 George, Alaska, a fully functional harbor of refuge 

16 throughout the year. 

17 (b) PURPOSES.—The purposes of the consultation 

18 under subsection (a) shall be to enhance safety of human 

19 life at sea and protect the marine environment in the Cen20 tral Bering Sea. 

21 (c) REPORT.—Not later than 90 days after making 

22 the determination under subsection (a), the Commandant 

23 shall inform the Committee on Commerce, Science, and 

24 Transportation of the Senate and the Committee on 

25 Transportation and Infrastructure of the House of RepVerDate Mar 15 2010 22:33 Oct 07, 2011 Jkt 019200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S1665.IS S1665

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1 resentatives in writing of the improvements necessary to 

2 make the harbor at St. George, Alaska, a fully functional 

3 harbor of refuge throughout the year. 

4 SEC. 502. PROTECTION AND FAIR TREATMENT OF SEA5 FARERS. 

6 (a) IN GENERAL.—Chapter 111 of title 46, United 

7 States Code, is amended by adding at the end the fol8 lowing: 

9 ‘‘§ 11113. Protection and fair treatment of seafarers 

10 ‘‘(a) PURPOSE.—The purpose of this section shall be 

11 to ensure the protection and fair treatment of seafarers. 

12 ‘‘(b) SPECIAL FUND.— 

13 ‘‘(1) ESTABLISHMENT.—There is established in 

14 the Treasury a special fund known as the ‘Support 

15 of Seafarers Fund’. 

16 ‘‘(2) USE OF AMOUNTS IN FUND.—The 

17 amounts deposited into the Fund shall be available 

18 to the Secretary, without further appropriation and 

19 without fiscal year limitation, to— 

20 ‘‘(A) pay necessary support under sub21 section (c)(1); and 

22 ‘‘(B) reimburse a shipowner for necessary 

23 support under subsection (c)(2). 


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1 ‘‘(3) AMOUNTS CREDITED TO FUND.—Notwith2 standing any other provision of law, the Fund may 

3 receive— 

4 ‘‘(A) any moneys ordered to be paid to the 

5 Fund as a form of credit in lieu of community 

6 service under section 3563(b) of title 18 to the 

7 extent permitted under paragraph (4); 

8 ‘‘(B) amounts reimbursed or recovered 

9 under subsection (e); 

10 ‘‘(C) amounts appropriated to the Fund; 

11 and 

12 ‘‘(D) appropriations available to the Sec13 retary for transfer. 

14 ‘‘(4) PREREQUISITE FOR COMMUNITY SERVICE

15 CREDITS.—The Fund may receive credits under 

16 paragraph (3)(A) if the unobligated balance of the 

17 Fund is less than $5,000,000. 

18 ‘‘(5) REPORT REQUIRED.— 

19 ‘‘(A) IN GENERAL.—Except as provided 

20 under subparagraph (B), the Secretary may not 

21 obligate any amount in the Fund in a given fis22 cal year unless the Secretary submits a report 

23 to Congress, concurrent with the President’s 

24 budget submission for that fiscal year, that de25 scribes— 


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1 ‘‘(i) the amounts credited to the Fund 

2 under paragraph (3) for the preceding fis3 cal year; 

4 ‘‘(ii) in detail, the activities for which 

5 amounts were charged; and 

6 ‘‘(iii) the projected level of expendi7 tures from the Fund for the upcoming fis8 cal year, based on— 

9 ‘‘(I) on-going activities; and 

10 ‘‘(II) new cases, derived from his11 toric data. 

12 ‘‘(B) EXCEPTION.—Subparagraph (A) 

13 shall not apply to obligations during the first 

14 fiscal year during which amounts are credited 

15 to the Fund. 

16 ‘‘(6) FUND MANAGER.—The Secretary shall 

17 designate a Fund manager. The Fund manager 

18 shall— 

19 ‘‘(A) ensure the visibility and account20 ability of transactions utilizing the Fund; 

21 ‘‘(B) prepare the report under paragraph 

22 (5); 

23 ‘‘(C) monitor the unobligated balance of 

24 the Fund; and 


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1 ‘‘(D) provide notice to the Secretary and 

2 the Attorney General whenever the unobligated 

3 balance of the Fund is less than $5,000,000. 

4 ‘‘(c) AUTHORITY.—The Secretary may— 

5 ‘‘(1) pay, in whole or in part, without further 

6 appropriation and without fiscal year limitation, 

7 from amounts in the Fund, necessary support of— 

8 ‘‘(A) a seafarer that— 

9 ‘‘(i) enters, remains, or is paroled into 

10 the United States; and 

11 ‘‘(ii) is involved in an investigation, 

12 reporting, documentation, or adjudication 

13 of any matter that is related to the admin14 istration or enforcement of any treaty, law, 

15 or regulation by the Coast Guard; and 

16 ‘‘(B) a seafarer that the Secretary deter17 mines was abandoned in the United States; and 

18 ‘‘(2) reimburse, in whole or in part, without 

19 further appropriation and without fiscal year limita20 tion, from amounts in the Fund, a shipowner that 

21 has filed a bond or surety satisfactory under sub22 section (f) and provides necessary support of a sea23 farer, for the costs of necessary support if the Sec24 retary determines that reimbursement is necessary 

25 to avoid serious injustice. 


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1 ‘‘(d) LIMITATION.—Nothing in this section shall be 

2 construed— 

3 ‘‘(1) to create a right, benefit, or entitlement to 

4 necessary support; or 

5 ‘‘(2) to compel the Secretary to pay or reim6 burse the cost of necessary support. 

7 ‘‘(e) REIMBURSEMENT; RECOVERY.— 

8 ‘‘(1) IN GENERAL.—A shipowner shall reim9 burse the Fund an amount equal to the total 

10 amount paid from the Fund for necessary support of 

11 a seafarer plus a surcharge of 25 percent of the 

12 total amount if— 

13 ‘‘(A) the shipowner— 

14 ‘‘(i) during the course of an investiga15 tion, reporting, documentation, or adju16 dication of any matter that the Coast 

17 Guard referred to a United States Attor18 ney or the Attorney General, fails to pro19 vide necessary support of a seafarer who 

20 was paroled into the United States to fa21 cilitate the investigation, reporting, docu22 mentation, or adjudication; and 

23 ‘‘(ii) subsequently receives a criminal 

24 penalty; or 


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1 ‘‘(B) the shipowner, under any cir2 cumstance, abandons a seafarer in the United 

3 States, as determined by the Secretary. 

4 ‘‘(2) ENFORCEMENT.—If a shipowner fails to 

5 reimburse the Fund under paragraph (1), the Sec6 retary may— 

7 ‘‘(A) proceed in rem against any vessel of 

8 the shipowner in the Federal district court for 

9 the district in which the vessel is found; and 

10 ‘‘(B) withhold or revoke the clearance re11 quired under section 60105 of any vessel of the 

12 shipowner wherever the vessel is found. 

13 ‘‘(3) REMEDY.—A vessel may obtain clearance 

14 from the Secretary after it is withheld or revoked 

15 under paragraph (2)(B) if the shipowner reimburses 

16 the Fund the amount required under paragraph (1). 

17 ‘‘(f) BOND AND SURETY.— 

18 ‘‘(1) AUTHORITY.—The Secretary may require 

19 a bond or a surety satisfactory to the Secretary as 

20 an alternative to withholding or revoking clearance 

21 under subsection (e) if— 

22 ‘‘(A) in the opinion of the Secretary the 

23 bond or surety satisfactory is necessary to fa24 cilitate an investigation, reporting, documenta25 tion, or adjudication of any matter that is reVerDate Mar 15 2010 22:33 Oct 07, 2011 Jkt 019200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S1665.IS S1665

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1 lated to the administration or enforcement of 

2 any treaty, law, or regulation by the Coast 

3 Guard; and 

4 ‘‘(B) the surety corporation providing the 

5 bond or surety satisfactory is authorized by the 

6 Secretary of the Treasury under section 9305 

7 of title 31 to provide surety bonds under section 

8 9304 of title 31. 

9 ‘‘(2) APPLICATION.—The authority to require a 

10 bond or surety satisfactory or to request the with11 holding or revocation of the clearance under sub12 section (e) applies to any investigation, reporting, 

13 documentation, or adjudication of any matter that is 

14 related to the administration or enforcement of any 

15 treaty, law, or regulation by the Coast Guard. 

16 ‘‘(g) DEFINITIONS.—In this section: 

17 ‘‘(1) ABANDONS; ABANDONED.—The term 

18 ‘abandons’ or ‘abandoned’ means— 

19 ‘‘(A) a shipowner’s unilateral severance of 

20 ties with a seafarer; or 

21 ‘‘(B) a shipowner’s failure to provide nec22 essary support of a seafarer. 

23 ‘‘(2) BOND OR SURETY SATISFACTORY.—The 

24 term ‘bond or surety satisfactory’ means a nego25 tiated instrument, the terms of which may, at the 


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1 discretion of the Secretary, include provisions that 

2 require a shipowner to— 

3 ‘‘(A) provide necessary support of a sea4 farer who has or may have information perti5 nent to an investigation, reporting, documenta6 tion, or adjudication of any matter that is re7 lated to the administration or enforcement of 

8 any treaty, law, or regulation by the Coast 

9 Guard; 

10 ‘‘(B) facilitate an investigation, reporting, 

11 documentation, or adjudication of any matter 

12 that is related to the administration or enforce13 ment of any treaty, law, or regulation by the 

14 Coast Guard; 

15 ‘‘(C) stipulate to certain incontrovertible 

16 facts, including the ownership or operation of 

17 the vessel, or the authenticity of documents and 

18 things from the vessel; 

19 ‘‘(D) facilitate service of correspondence 

20 and legal papers; 

21 ‘‘(E) enter an appearance in United States 

22 district court; 

23 ‘‘(F) comply with directions regarding pay24 ment of funds; 


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1 ‘‘(G) name an agent in the United States 

2 for service of process; 

3 ‘‘(H) stipulate in United States district 

4 court as to the authenticity of certain docu5 ments; 

6 ‘‘(I) provide assurances that no discrimina7 tory or retaliatory measures will be taken 

8 against a seafarer involved in an investigation, 

9 reporting, documentation, or adjudication of 

10 any matter that is related to the administration 

11 or enforcement of any treaty, law, or regulation 

12 by the Coast Guard; 

13 ‘‘(J) provide financial security in the form 

14 of cash, bond, or other means acceptable to the 

15 Secretary; and 

16 ‘‘(K) provide for any other appropriate 

17 measures as the Secretary considers necessary 

18 to ensure the Government is not prejudiced by 

19 granting the clearance required under section 

20 60105 of title 46. 

21 ‘‘(3) FUND.—The term ‘Fund’ means the Sup22 port of Seafarers Fund established under this sec23 tion. 

24 ‘‘(4) NECESSARY SUPPORT.—The term ‘nec25 essary support’ means normal wages, lodging, subVerDate Mar 15 2010 22:33 Oct 07, 2011 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S1665.IS S1665

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1 sistence, clothing, medical care (including hos2 pitalization), repatriation, and any other expense the 

3 Secretary considers appropriate. 

4 ‘‘(5) SEAFARER.—The term ‘seafarer’ means an 

5 alien crewman who is employed or engaged in any 

6 capacity on board a vessel subject to the jurisdiction 

7 of the United States. 

8 ‘‘(6) SHIPOWNER.—The term ‘shipowner’ 

9 means an individual or entity that owns, has an 

10 ownership interest in, or operates a vessel subject to 

11 the jurisdiction of the United States. 

12 ‘‘(7) VESSEL SUBJECT TO THE JURISDICTION

13 OF THE UNITED STATES.—The term ‘vessel subject 

14 to the jurisdiction of the United States’ has the 

15 meaning given the term in section 70502(c), except 

16 that it excludes— 

17 ‘‘(A) a vessel— 

18 ‘‘(i) that is owned by the United 

19 States, a State or political subdivision 

20 thereof, or a foreign nation; and 

21 ‘‘(ii) that is not engaged in commerce; 

22 and 

23 ‘‘(B) a bareboat— 


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1 ‘‘(i) that is chartered and operated by 

2 the United States, a State or political sub3 division thereof, or a foreign nation; and 

4 ‘‘(ii) that is not engaged in commerce. 

5 ‘‘(h) REGULATIONS.—The Secretary may prescribe 

6 regulations to implement this section.’’. 

7 (b) CONFORMING AMENDMENT.—The table of con8 tents for chapter 111 of title 46, United States Code, is 

9 amended by inserting after the item relating to section 

10 11112 the following: 

‘‘11113. Protection and fair treatment of seafarers.’’. 

11 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to the Fund $1,500,000 

13 for each of fiscal years 2012, 2013, and 2014. 

14 SEC. 503. DELEGATION OF AUTHORITY. 

15 Section 3316 of title 46, United States Code, is 

16 amended— 

17 (1) in subsection (b)(2)— 

18 (A) by striking ‘‘and’’ at the end of sub19 paragraph (A); 

20 (B) by striking the period at the end of 

21 subparagraph (B) and inserting ‘‘; and’’; and 

22 (C) by adding at the end the following: 

23 ‘‘(C) if the Secretary of State determines 

24 that the foreign classification society does not 

25 provide comparable services in or for the govVerDate Mar 15 2010 22:33 Oct 07, 2011 Jkt 019200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S1665.IS S1665

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1 ernment of a country designated by the Sec2 retary of State as a State Sponsor of Ter3 rorism.’’; 

4 (2) in subsection (d)(2)— 

5 (A) by striking ‘‘and’’ at the end of sub6 paragraph (A); 

7 (B) by striking the period at the end of 

8 subparagraph (B) and inserting ‘‘; and’’; and 

9 (C) by adding at the end the following: 

10 ‘‘(C) if the Secretary of State determines 

11 that the foreign classification society does not 

12 provide comparable services in or for the gov13 ernment of a country designated by the Sec14 retary of State as a State Sponsor of Ter15 rorism.’’; and 

16 (3) by adding at the end the following— 

17 ‘‘(e) The Secretary shall revoke an existing delegation 

18 made to a foreign classification society under subsection 

19 (b) or (d) if the Secretary of State determines that the 

20 foreign classification society provides comparable services 

21 in or for the government of a country designated by the 

22 Secretary of State as a State Sponsor of Terrorism.’’. 


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1 SEC. 504. REPORT ON ESTABLISHMENT OF ARCTIC DEEP 

2 WATER PORT. 

3 (a) STUDY.—The Commandant of the Coast Guard 

4 shall conduct a study on the feasibility and potential of 

5 establishing a deep water sea port in the Arctic to protect 

6 and advance strategic United States interests within the 

7 Arctic region. 

8 (b) SCOPE.—The study under subsection (a) shall in9 clude an analysis of: 

10 (1) the capability that a deep water sea port 

11 would provide; 

12 (2) potential and optimum locations for the 

13 port; 

14 (3) the resources needed to establish the port; 

15 (4) the time frame needed to establish the port; 

16 (5) the infrastructure required to support the 

17 port; and 

18 (6) any other issues the Secretary considers 

19 necessary to complete the study. 

20 (c) REPORT.—Not later than 1 year after the date 

21 of enactment of this Act, the Commandant shall submit 

22 a report on the findings of the study under subsection (a) 

23 to the Committee on Commerce, Science, and Transpor24 tation of the Senate and the Committee on Transportation 

25 and Infrastructure of the House of Representatives. 


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1 TITLE VI—MISCELLANEOUS 

2 SEC. 601. CONVEYANCE OF DECOMMISSIONED COAST 

3 GUARD CUTTER STORIS. 

4 (a) IN GENERAL.—The Commandant of the Coast 

5 Guard shall convey the Coast Guard Cutter STORIS to 

6 the Storis Museum under subsection (b) if the Com7 mandant determines that the cost to the Federal Govern8 ment of conveying the Coast Guard Cutter STORIS 

9 through the General Services Administration exceeds the 

10 cost to the Federal Government of conveying to the 

11 STORIS Museum under subsection (b). 

12 (b) COAST GUARD CUTTER STORIS.—Subject to the 

13 cost determination under subsection (a) and after the de14 commissioning of the Coast Guard Cutter STORIS, the 

15 Commandant of the Coast Guard shall convey, without 

16 consideration, all right, title, and interest owned by the 

17 United States in the Coast Guard Cutter STORIS to the 

18 Storis Museum, a nonprofit entity of Juneau, Alaska, if 

19 the head of the STORIS Museum agrees— 

20 (1) to use the vessel as a historic memorial; 

21 (2) to make the United States Coast Guard 

22 Cutter STORIS available to the public as a museum; 

23 (3) to work cooperatively with other museums 

24 to provide education and memorialize the maritime 

25 heritage of the United States Coast Guard Cutter 


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1 STORIS and other maritime activities in Alaska, the 

2 Pacific Northwest, the Arctic Ocean, and adjacent 

3 oceans and seas; 

4 (4) that the vessel will not be used for commer5 cial transportation purposes; 

6 (5) to make the vessel available to the United 

7 States Government if needed for use by the Com8 mandant in time of war or a national emergency or 

9 based on the critical needs of the United States 

10 Coast Guard; 

11 (6) to hold the Government harmless for any 

12 claims arising from exposure to hazardous materials, 

13 including asbestos and polychlorinated biphenyls 

14 (PCBs), except for claims arising from the use of 

15 the United States Coast Guard Cutter STORIS by 

16 the Government; and 

17 (7) to any other conditions the Commandant 

18 considers appropriate. 

19 (c) TREATMENT OF CONVEYANCE.—The conveyance 

20 of the Coast Guard Cutter STORIS under this section 

21 shall not be considered a distribution in commerce for pur22 poses of section 6(e) of the Toxic Substances Control Act 

23 (15 U.S.C. 2605(e)). 

24 (d) OTHER EXCESS EQUIPMENT.—The Commandant 

25 may convey to the recipient of the Coast Guard Cutter 


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1 STORIS under this section any excess equipment or parts 

2 from other decommissioned Coast Guard vessels for use 

3 to enhance the vessel’s operability and function for pur4 poses of a public museum and historical display. 

5 SEC. 602. COAST GUARD ADMINISTRATIVE COSTS. 

6 Section 1012(a)(4) of the Oil Pollution Act of 1990 

7 (33 U.S.C. 2712(a)(4)) is amended by striking ‘‘damages’’ 

8 and inserting ‘‘damages, including the cost of commercial 

9 claims processing, expert services, training, technical serv10 ices, and other administrative and personnel costs to proc11 ess claims’’. 

12 SEC. 603. OIL SPILL LIABILITY TRUST FUND INVESTMENT 

13 AMOUNT. 

14 Not later than 30 days after the date of enactment 

15 of this Act, the Secretary of the Treasury shall increase 

16 the amount invested in income producing securities under 

17 section 5006(b) of the Oil Pollution Act of 1990 (33 

18 U.S.C. 2736(b)) by $12,851,340. 

19 SEC. 604. DRY DOCK OPERATION. 

20 A vessel transported in Dry Dock #2 (State of Alas21 ka registration AIDEA FDD–2) shall not be considered 

22 merchandise for purposes of section 55102 of title 46, 

23 United States Code, if, during transportation under that 

24 section, Dry Dock #2 is connected to electrical, water, 


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1 compressed air, and wastewater utility shoreside connec2 tions located in Ketchikan, Alaska. 

3 SEC. 605. TECHNICAL AMENDMENTS. 

4 (a) CONTINUATION ON ACTIVE DUTY.—Section 

5 290(a) of title 14, United States Code, is amended in the 

6 second sentence by striking ‘‘in the grade of vice admiral’’ 

7 and inserting ‘‘in or above the grade of vice admiral’’. 

8 (b) FAILURE OF SELECTION AND REMOVAL FROM

9 ACTIVE STATUS.—Section 740(d) of title 14, United 

10 States Code, is amended by striking ‘‘that appointment’’ 

11 and inserting ‘‘that Reserve appointment’’. 

12 (c) TABLE OF CONTENTS.—The table of contents for 

13 chapter 17 of title 14, United States Code, is amended 

14 by— 

15 (1) by striking the item relating to section 669 

16 and inserting the following: 

‘‘669. Telephone installation and charges.’’; 

17 and 

18 (2) by striking the item relating to section 674 

19 and inserting the following: 

‘‘674. Small boat station rescue capability.’’. 

Æ 


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