II 

Calendar No. 300 

112TH CONGRESS 

2D SESSION S. 1665 

[Report No. 112–135] 

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 

JANUARY 26, 2012 

Reported by Mr. ROCKEFELLER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 

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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Coast Guard Authorization Act for Fiscal Years 2012 

4 and 2013’’. 

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

6 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. 

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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 

10 1012(a)(5) of the Oil Pollution Act of 1990 (33 

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

12 (2) For the acquisition, construction, rebuild13 ing, renovation, and improvement of aids to naviga14 tion, shore and offshore facilities, vessels, and air15 craft, including equipment related thereto, 

16 $1,421,924,000 of which— 

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

18 Oil Spill Liability Trust Fund to carry out the 

19 purposes of section 1012(a)(5) of the Oil Pollu20 tion Act of 1990 (33 U.S.C. 2712(a)(5)), to re21 main available until expended; 

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

23 effect major repairs to, renovate, or improve 

24 vessels, small boats, and related equipment; 

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

2 effect major repairs to, renovate, or improve 

3 aircraft or increase aviation capability; 

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

5 equipment; 

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

7 facilities, aids to navigation facilities, and mili8 tary housing, of which not more than 

9 $14,000,000 shall be derived from the Coast 

10 Guard Housing Fund; and 

11 (F) $110,192,000 is authorized for per12 sonnel compensation and benefits and related 

13 costs. 

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

15 evaluation of technologies, materials, and human 

16 factors directly related to improving the performance 

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

18 aids to navigation, marine safety, marine environ19 mental protection, enforcement of laws and treaties, 

20 ice operations, oceanographic research, and defense 

21 readiness, $19,779,000. 

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

23 obligations otherwise chargeable to lapsed appropria24 tions for this purpose), payments under the Retired 

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1 efit Plans, and payments for medical and dental care 

2 of retired personnel and their dependents under 

3 chapter 55 of title 10, United States Code, 

4 $1,440,157,000, to remain available until expended. 

5 (5) For alteration or removal of bridges over 

6 navigable waters of the United States constituting 

7 obstructions to navigation, and for personnel and 

8 administrative costs associated with the Alteration of 

9 Bridges Program, $16,000,000. 

10 (6) For environmental compliance and restora11 tion functions under chapter 19 of title 14, United 

12 States Code, $16,699,000. 

13 (7) For operation and maintenance of the Coast 

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

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

16 appropriated for fiscal year 2013 for necessary expenses 

17 of the Coast Guard as follows: 

18 (1) For the operation and maintenance of the 

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

20 is authorized to be derived from the Oil Spill Liabil21 ity Trust Fund to carry out the purposes of section 

22 1012(a)(5) of the Oil Pollution Act of 1990 (33 

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

24 (2) For the acquisition, construction, rebuild25 ing, renovation, and improvement of aids to navigamstockstill on DSK4VPTVN1PROD with BILLS

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1 tion, shore and offshore facilities, vessels, and air2 craft, including equipment related thereto, 

3 $1,421,924,000 of which— 

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

5 Oil Spill Liability Trust Fund to carry out the 

6 purposes of section 1012(a)(5) of the Oil Pollu7 tion Act of 1990 (33 U.S.C. 2712(a)(5)), to re8 main available until expended; 

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

10 effect major repairs, renovate, or improve ves11 sels, small boats, and related equipment; 

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

13 effect major repairs, renovate, or improve air14 craft or increase aviation capability; 

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

16 equipment; 

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

18 facilities, aids to navigation facilities, and mili19 tary housing, of which not more than 

20 $14,000,000 shall be derived from the Coast 

21 Guard Housing Fund; and 

22 (F) $110,192,000 is authorized for per23 sonnel compensation and benefits and related 

24 costs. 

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

2 evaluation of technologies, materials, and human 

3 factors directly related to improving the performance 

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

5 aids to navigation, marine safety, marine environ6 mental protection, enforcement of laws and treaties, 

7 ice operations, oceanographic research, and defense 

8 readiness, $19,779,000. 

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

10 obligations otherwise chargeable to lapsed appropria11 tions for this purpose), payments under the Retired 

12 Serviceman’s Family Protection and Survivor Ben13 efit Plans, and payments for medical and dental care 

14 of retired personnel and their dependents under 

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

16 sums as are required, to remain available until ex17 pended. 

18 (5) For alteration or removal of bridges over 

19 navigable waters of the United States constituting 

20 obstructions to navigation, and for personnel and 

21 administrative costs associated with the Alteration of 

22 Bridges Program, $16,000,000. 

23 (6) For environmental compliance and restora24 tion functions under chapter 19 of title 14, United 

25 States Code, $16,699,000. 

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1 (7) For operation and maintenance of the Coast 

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

3 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 

4 AND TRAINING. 

5 (a) FISCAL YEAR 2012.— 

6 (1) ACTIVE DUTY STRENGTH.—The Coast 

7 Guard is authorized an end-of-year strength for ac8 tive duty personnel of 47,000 for the fiscal year end9 ing on September 30, 2012. 

10 (2) MILITARY TRAINING STUDENT LOADS.—For 

11 fiscal year 2012, the Coast Guard is authorized av12 erage military training student loads as follows: 

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

14 student years. 

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

16 (C) For professional training in military 

17 and civilian institutions, 350 student years. 

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

19 years. 

20 (b) FISCAL YEAR 2013.— 

21 (1) ACTIVE DUTY STRENGTH.—The Coast 

22 Guard is authorized an end-of-year strength for ac23 tive duty personnel of 49,350 for the fiscal year end24 ing on September 30, 2013. 

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1 (2) MILITARY TRAINING STUDENT LOADS.—For 

2 fiscal year 2013, the Coast Guard is authorized av3 erage military training student loads as follows: 

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

5 student years. 

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

7 (C) For professional training in military 

8 and civilian institutions, 368 student years. 

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

10 years. 

11 TITLE II—ORGANIZATION 

12 SEC. 201. COAST GUARD AUTHORITY TO OPERATE AND 

13 MAINTAIN COAST GUARD ASSETS. 

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

15 States Code, is amended by adding at the end the fol16 lowing: 

17 ‘‘(e) OPERATION AND MAINTENANCE OF COAST

18 GUARD ASSETS AND FACILITIES.—All authority, includ19 ing programmatic budget authority, for the operation and 

20 maintenance of Coast Guard vessels, aircraft, systems, 

21 aides to navigation, infrastructure, and any other Coast 

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

23 in the Coast Guard and the department in which the Coast 

24 Guard is operating.’’. 

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1 SEC. 202. CLARIFICATION OF COAST GUARD ICE OPER2 ATIONS MISSION. 

3 (a) COAST GUARD PROVISION OF FEDERAL

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

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

6 following: 

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

8 ‘‘(a) IN GENERAL.—Notwithstanding any other pro9 vision of law, except as provided in subsection (b), the 

10 Coast Guard shall be the sole supplier of icebreaking serv11 ices, on an advancement or reimbursable basis, to each 

12 Federal agency that requires icebreaking services. 

13 ‘‘(b) EXCEPTION.—In the event that a Federal agen14 cy requires icebreaking services and the Coast Guard is 

15 unable to provide the services, the Federal agency may 

16 acquire icebreaking services from another entity.’’. 

17 (b) PRIORITY OF COAST GUARD MISSIONS IN POLAR

18 REGIONS.— 

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

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

21 4109(b)(2)) is amended— 

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

23 missions of the Coast Guard and’’ after ‘‘need24 ed’’; and 

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

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

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1 (2) SECTION 312.—Section 312(c) of the Ant2 arctic Marine Living Resources Convention Act of 

3 1984 (16 U.S.C. 2441(c)) is amended by inserting 

4 ‘‘to execute the statutory missions of the Coast 

5 Guard and’’ after ‘‘needed’’. 

6 (c) CONFORMING AMENDMENT.—The table of con7 tents for chapter 5 of title 14, United States Code, is 

8 amended by inserting after the item relating to section 86 

9 the following: 

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

10 TITLE III—PERSONNEL 

11 SEC. 301. ACQUISITION WORKFORCE EXPEDITED HIRING 

12 AUTHORITY. 

13 Section 404 of the Coast Guard Authorization Act 

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

15 (1) in subsection (a)(1), by striking ‘‘as short16 age category positions’’ and inserting ‘‘as positions 

17 for which there is a shortage of candidates or a crit18 ical hiring need’’; and 

19 (2) in subsection (b)— 

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

21 ‘‘section’’; and 

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

23 ‘‘2015’’. 

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1 SEC. 302. INACTIVE DUTY PROMOTION LIST FLAG OFFI2 CERS IN ACTIVE STATUS. 

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

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

5 SEC. 303. OFFICERS RECOMMENDED FOR PROMOTION. 

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

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

8 selecting’’. 

9 SEC. 304. ORIGINAL APPOINTMENT OF PERMANENT COM10 MISSIONED OFFICERS. 

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

12 amended by adding at the end the following: 

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

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

15 Guard refers to the member’s most recent appointment 

16 in the Coast Guard that is neither a promotion nor a de17 motion.’’. 

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

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

20 amended— 

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

22 and inserting ‘‘foreign national’’; and 

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

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

25 emoluments’’. 

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1 SEC. 306. ACADEMY POLICY ON SEXUAL HARASSMENT AND 

2 SEXUAL VIOLENCE. 

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

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 200. Policy on sexual harassment and sexual vio7 lence 

8 ‘‘(a) REQUIRED POLICY.—The Commandant shall di9 rect the Superintendent of the Academy to prescribe a pol10 icy on sexual harassment and sexual violence. The policy 

11 shall apply to each member of the Coast Guard Academy 

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

13 Guard Academy personnel’ includes cadets. 

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

15 subsection (a) shall include— 

16 ‘‘(1) programs to promote awareness of the in17 cidence of rape, acquaintance rape, and other sexual 

18 offenses of a criminal nature on and off the Acad19 emy reservation; 

20 ‘‘(2) the procedure that a victim of sexual har21 assment or sexual violence on or off the Academy 

22 reservation shall follow if the victim chooses to re23 port the sexual harassment or sexual violence, in24 cluding— 

25 ‘‘(A) how to report the alleged sexual har26 assment or sexual violence, including— 

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1 ‘‘(i) the name and contact information 

2 of each person that the victim must con3 tact; and 

4 ‘‘(ii) an option for confidential report5 ing; 

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

7 each person that the victim can contact for as8 sistance; and 

9 ‘‘(C) how to preserve evidence; 

10 ‘‘(3) the procedure for disciplinary action 

11 against a member of the Coast Guard Academy per12 sonnel who commits sexual harassment or sexual vi13 olence; 

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

15 member of the Coast Guard Academy personnel who 

16 commits sexual harassment or sexual violence; and 

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

18 member of the Coast Guard Academy personnel, in19 cluding a specific training requirement for each 

20 member of the Coast Guard Academy personnel who 

21 process allegations of sexual harassment or sexual 

22 violence. 

23 ‘‘(c) ASSESSMENT.— 

24 ‘‘(1) IN GENERAL.—The Commandant shall di25 rect the Superintendent of the Academy to conduct 

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1 an assessment during each Academy program year 

2 to determine the effectiveness of the policy under 

3 subsection (a). 

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

5 under paragraph (1) that is conducted during an 

6 odd-numbered program year shall include a survey 

7 of Coast Guard Academy personnel. The survey 

8 shall— 

9 ‘‘(A) measure— 

10 ‘‘(i) the incidence, during that pro11 gram year, of sexual harassment and sex12 ual violence, on or off the Academy res13 ervation, that were reported under sub14 section (b)(2); and 

15 ‘‘(ii) the incidence, during that pro16 gram year, of sexual harassment and sex17 ual violence, on or off the Academy res18 ervation, that were not reported under sub19 section (b)(2); and 

20 ‘‘(B) assess the perceptions of Coast 

21 Guard Academy personnel regarding— 

22 ‘‘(i) the policy, training, and proce23 dures on sexual harassment and sexual vio24 lence; 

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

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1 ‘‘(iii) the incidence of sexual harass2 ment and sexual violence involving Coast 

3 Guard Academy personnel; and 

4 ‘‘(iv) any other issues relating to sex5 ual harassment and sexual violence involv6 ing Coast Guard Academy personnel, that 

7 the Superintendent of the Academy con8 siders relevant. 

9 ‘‘(d) REPORT.— 

10 ‘‘(1) IN GENERAL.—The Commandant shall di11 rect the Superintendent of the Academy to submit a 

12 report to the Commandant each Academy program 

13 year on sexual harassment and sexual violence in14 volving a member of the Coast Guard Academy per15 sonnel that year. 

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

17 paragraph (1) shall include— 

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

19 sexual violence, on or off the Academy reserva20 tion, involving a member of the Coast Guard 

21 Academy, categorized by the type of offence, 

22 such as rape and sexual assault; 

23 ‘‘(B) the number of reported incidents 

24 under subparagraph (A) that were substan25 tiated; 

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

2 procedures on sexual harassment and sexual vi3 olence under this section during the Academy 

4 program year; and 

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

6 be taken during the subsequent Academy pro7 gram year to respond to and prevent sexual 

8 harassment and sexual violence, on or off the 

9 Academy reservation, involving a member of the 

10 Coast Guard Academy. 

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

12 paragraph (1) that is submitted during an odd-num13 bered program year shall include the results of the 

14 survey under subsection (c)(2). 

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

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

17 under paragraph (1), the Commandant shall trans18 mit a copy of the report and the Commandant’s 

19 comments on the report to the Committee on Com20 merce, Science, and Transportation of the Senate 

21 and the Committee on Transportation and Infra22 structure of the House of Representatives.’’. 

23 (b) CONFORMING AMENDMENT.—The table of con24 tents for chapter 9 of title 14, United States Code, is 

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1 amended by inserting after the item relating to section 

2 199 the following: 

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

3 SEC. 307. COAST GUARD AUXILIARISTS ENROLLMENT ELI4 GIBILITY. 

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

6 amended to read as follows: 

7 ‘‘§ 823. Eligibility, enrollments 

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

9 United States and its territories and possessions, and of 

10 aliens lawfully admitted for permanent residence, as de11 fined in section 101(a)(20) of the Immigration and Na12 tionality Act (8 U.S.C. 1101(a)(20))— 

13 ‘‘(1) who are owners, sole or part, of motor14 boats, yachts, aircraft, or radio stations; or 

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

16 experience are deemed by the Commandant to be 

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

18 enrolled therein pursuant to applicable regulations.’’. 

19 TITLE IV—ADMINISTRATION 

20 SEC. 401. ADVANCE PROCUREMENT FUNDING. 

21 With respect to any Coast Guard vessel for which 

22 amounts are appropriated or otherwise made available for 

23 vessels for the Coast Guard in any fiscal year, the Sec24 retary may enter into a contract or place an order, in admstockstill on DSK4VPTVN1PROD with BILLS

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1 vance of a contract or order for construction of a vessel, 

2 for— 

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

4 the vessel; 

5 (2) the advance construction of parts or compo6 nents for the vessel; 

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

8 or components for the vessel; and 

9 (4) production planning, design, and other re10 lated support services that reduce the overall pro11 curement lead time of the vessel. 

12 SEC. 402. AUTHORITY TO MAINTAIN UNITED STATES POLAR 

13 ICEBREAKING CAPABILITY. 

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

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

16 through new construction or the rebuilding, renovating, or 

17 improving of existing Coast Guard assets, not less than 

18 2 heavy polar icebreakers for operation by the Coast 

19 Guard. 

20 (b) NECESSARY MEASURES.—The Secretary shall 

21 take all necessary measures, including the provision of 

22 necessary operation and maintenance funding, to ensure 

23 that— 

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

25 its current vessel capacity, including 1 medium and 

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1 2 heavy polar icebreakers, for carrying out ice oper2 ations and other Coast Guard missions in the Arctic 

3 and Antarctic, Great Lakes, and New England re4 gions; and 

5 (2) any such vessels that are not fully oper6 ational are brought up to, and maintained at, full 

7 operational capability. 

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

9 preclude the Secretary from seeking reimbursement for 

10 operation and maintenance costs of the polar icebreakers 

11 from other Federal agencies and entities, including foreign 

12 countries, that benefit from the use of the polar ice13 breakers. 

14 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to the Secretary of the 

16 department in which the Coast Guard is operating such 

17 sums as may be necessary— 

18 (1) to acquire the polar icebreakers under sub19 section (a); and 

20 (2) to maintain and operate the polar ice21 breaker fleet under subsection (b). 

22 SEC. 403. FORWARD OPERATING FACILITY. 

23 Not later than 180 days after the date of enactment 

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

25 Coast Guard is operating may construct or lease hangar, 

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1 berthing, and messing facilities in the Aleutian Island2 Bering Sea operating area. The facilities shall— 

3 (1) support aircraft maintenance, including ex4 haust ventilation, heat, engine wash system, head fa5 cilities, fuel, ground support services, and electrical 

6 power; and 

7 (2) provide shelter for both current helicopter 

8 assets and those projected to be located at Air Sta9 tion Kodiak, Alaska for at least 20 years. 

10 SEC. 404. NATIONAL RESPONSE FUNCTIONS. 

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

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

13 (1) in subsection (a)— 

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

15 (B) redesignating paragraphs (24) through 

16 (26) as paragraphs (23) through (25), respec17 tively; 

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

19 RESPONSE UNIT.’’ through ‘‘acting through the Na20 tional Response Unit’’ and inserting the following: 

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

22 Secretary of the department in which the Coast 

23 Guard is operating—’’; and 

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

2 and into operating procedures of the National Re3 sponse Unit’’. 

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

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

6 amended— 

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

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

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

10 SEC. 405. CONFORMING AMENDMENT. 

11 Section 210 of the Coast Guard and Maritime Trans12 portation Act of 2006 (14 U.S.C. 93 note) is repealed. 

13 TITLE V—SHIPPING AND 

14 NAVIGATION 

15 SEC. 501. DESIGNATION OF ST. GEORGE HARBOR AS A HAR16 BOR OF REFUGE. 

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

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

19 Coast Guard shall consult with appropriate Federal agen20 cies and with State and local interests to determine what 

21 improvements are necessary to make the harbor at St. 

22 George, Alaska, a fully functional harbor of refuge 

23 throughout the year. 

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

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

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1 life at sea and protect the marine environment in the Cen2 tral Bering Sea. 

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

4 the determination under subsection (a), the Commandant 

5 shall inform the Committee on Commerce, Science, and 

6 Transportation of the Senate and the Committee on 

7 Transportation and Infrastructure of the House of Rep8 resentatives in writing of the improvements necessary to 

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

10 harbor of refuge throughout the year. 

11 SEC. 502. PROTECTION AND FAIR TREATMENT OF SEA12 FARERS. 

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

14 States Code, is amended by adding at the end the fol15 lowing: 

16 ‘‘§ 11113. Protection and fair treatment of seafarers 

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

18 to ensure the protection and fair treatment of seafarers. 

19 ‘‘(b) SPECIAL FUND.— 

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

21 the Treasury a special fund known as the ‘Support 

22 of Seafarers Fund’. 

23 ‘‘(2) USE OF AMOUNTS IN FUND.—The 

24 amounts deposited into the Fund shall be available 

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1 to the Secretary, without further appropriation and 

2 without fiscal year limitation, to— 

3 ‘‘(A) pay necessary support under sub4 section (c)(1); and 

5 ‘‘(B) reimburse a shipowner for necessary 

6 support under subsection (c)(2). 

7 ‘‘(3) AMOUNTS CREDITED TO FUND.—Notwith8 standing any other provision of law, the Fund may 

9 receive— 

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

11 Fund as a form of credit in lieu of community 

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

13 extent permitted under paragraph (4); 

14 ‘‘(B) amounts reimbursed or recovered 

15 under subsection (e); 

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

17 and 

18 ‘‘(D) appropriations available to the Sec19 retary for transfer. 

20 ‘‘(4) PREREQUISITE FOR COMMUNITY SERVICE

21 CREDITS.—The Fund may receive credits under 

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

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

24 ‘‘(5) REPORT REQUIRED.— 

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

2 under subparagraph (B), the Secretary may not 

3 obligate any amount in the Fund in a given fis4 cal year unless the Secretary submits a report 

5 to Congress, concurrent with the President’s 

6 budget submission for that fiscal year, that de7 scribes— 

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

9 under paragraph (3) for the preceding fis10 cal year; 

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

12 amounts were charged; and 

13 ‘‘(iii) the projected level of expendi14 tures from the Fund for the upcoming fis15 cal year, based on— 

16 ‘‘(I) on-going activities; and 

17 ‘‘(II) new cases, derived from his18 toric data. 

19 ‘‘(B) EXCEPTION.—Subparagraph (A) 

20 shall not apply to obligations during the first 

21 fiscal year during which amounts are credited 

22 to the Fund. 

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

24 designate a Fund manager. The Fund manager 

25 shall— 

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1 ‘‘(A) ensure the visibility and account2 ability of transactions utilizing the Fund; 

3 ‘‘(B) prepare the report under paragraph 

4 (5); 

5 ‘‘(C) monitor the unobligated balance of 

6 the Fund; and 

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

8 the Attorney General whenever the unobligated 

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

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

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

12 appropriation and without fiscal year limitation, 

13 from amounts in the Fund, necessary support of— 

14 ‘‘(A) a seafarer that— 

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

16 the United States; and 

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

18 reporting, documentation, or adjudication 

19 of any matter that is related to the admin20 istration or enforcement of any treaty, law, 

21 or regulation by the Coast Guard; and 

22 ‘‘(B) a seafarer that the Secretary deter23 mines was abandoned in the United States; and 

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

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1 tion, from amounts in the Fund, a shipowner that 

2 has filed a bond or surety satisfactory under sub3 section (f) and provides necessary support of a sea4 farer, for the costs of necessary support if the Sec5 retary determines that reimbursement is necessary 

6 to avoid serious injustice. 

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

8 construed— 

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

10 necessary support; or 

11 ‘‘(2) to compel the Secretary to pay or reim12 burse the cost of necessary support. 

13 ‘‘(e) REIMBURSEMENT; RECOVERY.— 

14 ‘‘(1) IN GENERAL.—A shipowner shall reim15 burse the Fund an amount equal to the total 

16 amount paid from the Fund for necessary support of 

17 a seafarer plus a surcharge of 25 percent of the 

18 total amount if— 

19 ‘‘(A) the shipowner— 

20 ‘‘(i) during the course of an investiga21 tion, reporting, documentation, or adju22 dication of any matter that the Coast 

23 Guard referred to a United States Attor24 ney or the Attorney General, fails to pro25 vide necessary support of a seafarer who 

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1 was paroled into the United States to fa2 cilitate the investigation, reporting, docu3 mentation, or adjudication; and 

4 ‘‘(ii) subsequently receives a criminal 

5 penalty; or 

6 ‘‘(B) the shipowner, under any cir7 cumstance, abandons a seafarer in the United 

8 States, as determined by the Secretary. 

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

10 reimburse the Fund under paragraph (1), the Sec11 retary may— 

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

13 the shipowner in the Federal district court for 

14 the district in which the vessel is found; and 

15 ‘‘(B) withhold or revoke the clearance re16 quired under section 60105 of any vessel of the 

17 shipowner wherever the vessel is found. 

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

19 from the Secretary after it is withheld or revoked 

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

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

22 ‘‘(f) BOND AND SURETY.— 

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

24 a bond or a surety satisfactory to the Secretary as 

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1 an alternative to withholding or revoking clearance 

2 under subsection (e) if— 

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

4 bond or surety satisfactory is necessary to fa5 cilitate 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; and 

10 ‘‘(B) the surety corporation providing the 

11 bond or surety satisfactory is authorized by the 

12 Secretary of the Treasury under section 9305 

13 of title 31 to provide surety bonds under section 

14 9304 of title 31. 

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

16 bond or surety satisfactory or to request the with17 holding or revocation of the clearance under sub18 section (e) applies to any investigation, reporting, 

19 documentation, or adjudication of any matter that is 

20 related to the administration or enforcement of any 

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

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

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

24 ‘abandons’ or ‘abandoned’ means— 

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

2 ties with a seafarer; or 

3 ‘‘(B) a shipowner’s failure to provide nec4 essary support of a seafarer. 

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

6 term ‘bond or surety satisfactory’ means a nego7 tiated instrument, the terms of which may, at the 

8 discretion of the Secretary, include provisions that 

9 require a shipowner to— 

10 ‘‘(A) provide necessary support of a sea11 farer who has or may have information perti12 nent to an investigation, reporting, documenta13 tion, or adjudication of any matter that is re14 lated to the administration or enforcement of 

15 any treaty, law, or regulation by the Coast 

16 Guard; 

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

18 documentation, or adjudication of any matter 

19 that is related to the administration or enforce20 ment of any treaty, law, or regulation by the 

21 Coast Guard; 

22 ‘‘(C) stipulate to certain incontrovertible 

23 facts, including the ownership or operation of 

24 the vessel, or the authenticity of documents and 

25 things from the vessel; 

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1 ‘‘(D) facilitate service of correspondence 

2 and legal papers; 

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

4 district court; 

5 ‘‘(F) comply with directions regarding pay6 ment of funds; 

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

8 for service of process; 

9 ‘‘(H) stipulate in United States district 

10 court as to the authenticity of certain docu11 ments; 

12 ‘‘(I) provide assurances that no discrimina13 tory or retaliatory measures will be taken 

14 against a seafarer involved in an investigation, 

15 reporting, documentation, or adjudication of 

16 any matter that is related to the administration 

17 or enforcement of any treaty, law, or regulation 

18 by the Coast Guard; 

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

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

21 Secretary; and 

22 ‘‘(K) provide for any other appropriate 

23 measures as the Secretary considers necessary 

24 to ensure the Government is not prejudiced by 

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1 granting the clearance required under section 

2 60105 of title 46. 

3 ‘‘(3) FUND.—The term ‘Fund’ means the Sup4 port of Seafarers Fund established under this sec5 tion. 

6 ‘‘(4) NECESSARY SUPPORT.—The term ‘nec7 essary support’ means normal wages, lodging, sub8 sistence, clothing, medical care (including hos9 pitalization), repatriation, and any other expense the 

10 Secretary considers appropriate. 

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

12 alien crewman who is employed or engaged in any 

13 capacity on board a vessel subject to the jurisdiction 

14 of the United States. 

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

16 means an individual or entity that owns, has an 

17 ownership interest in, or operates a vessel subject to 

18 the jurisdiction of the United States. 

19 ‘‘(7) VESSEL SUBJECT TO THE JURISDICTION

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

21 to the jurisdiction of the United States’ has the 

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

23 that it excludes— 

24 ‘‘(A) a vessel— 

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1 ‘‘(i) that is owned by the United 

2 States, a State or political subdivision 

3 thereof, or a foreign nation; and 

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

5 and 

6 ‘‘(B) a bareboat— 

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

8 the United States, a State or political sub9 division thereof, or a foreign nation; and 

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

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

12 regulations to implement this section.’’. 

13 (b) CONFORMING AMENDMENT.—The table of con14 tents for chapter 111 of title 46, United States Code, is 

15 amended by inserting after the item relating to section 

16 11112 the following: 

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

17 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

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

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

20 SEC. 503. DELEGATION OF AUTHORITY. 

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

22 amended— 

23 (1) in subsection (b)(2)— 

24 (A) by striking ‘‘and’’ at the end of sub25 paragraph (A); 

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

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

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

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

5 that the foreign classification society does not 

6 provide comparable services in or for the gov7 ernment of a country designated by the Sec8 retary of State as a State Sponsor of Ter9 rorism.’’; 

10 (2) in subsection (d)(2)— 

11 (A) by striking ‘‘and’’ at the end of sub12 paragraph (A); 

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

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

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

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

17 that the foreign classification society does not 

18 provide comparable services in or for the gov19 ernment of a country designated by the Sec20 retary of State as a State Sponsor of Ter21 rorism.’’; and 

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

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

24 made to a foreign classification society under subsection 

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

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1 foreign classification society provides comparable services 

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

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

4 SEC. 504. REPORT ON ESTABLISHMENT OF ARCTIC DEEP 

5 WATER PORT. 

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

7 shall conduct a study on the feasibility and potential of 

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

9 and advance strategic United States interests within the 

10 Arctic region. 

11 (b) SCOPE.—The study under subsection (a) shall in12 clude an analysis of: 

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

14 would provide; 

15 (2) potential and optimum locations for the 

16 port; 

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

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

19 (5) the infrastructure required to support the 

20 port; and 

21 (6) any other issues the Secretary considers 

22 necessary to complete the study. 

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

24 of enactment of this Act, the Commandant shall submit 

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

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1 to the Committee on Commerce, Science, and Transpor2 tation of the Senate and the Committee on Transportation 

3 and Infrastructure of the House of Representatives. 

4 TITLE VI—MISCELLANEOUS 

5 SEC. 601. CONVEYANCE OF DECOMMISSIONED COAST 

6 GUARD CUTTER STORIS. 

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

8 Guard shall convey the Coast Guard Cutter STORIS to 

9 the Storis Museum under subsection (b) if the Com10 mandant determines that the cost to the Federal Govern11 ment of conveying the Coast Guard Cutter STORIS 

12 through the General Services Administration exceeds the 

13 cost to the Federal Government of conveying to the 

14 STORIS Museum under subsection (b). 

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

16 cost determination under subsection (a) and after the de17 commissioning of the Coast Guard Cutter STORIS, the 

18 Commandant of the Coast Guard shall convey, without 

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

20 United States in the Coast Guard Cutter STORIS to the 

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

22 the head of the STORIS Museum agrees— 

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

24 (2) to make the United States Coast Guard 

25 Cutter STORIS available to the public as a museum; 

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1 (3) to work cooperatively with other museums 

2 to provide education and memorialize the maritime 

3 heritage of the United States Coast Guard Cutter 

4 STORIS and other maritime activities in Alaska, the 

5 Pacific Northwest, the Arctic Ocean, and adjacent 

6 oceans and seas; 

7 (4) that the vessel will not be used for commer8 cial transportation purposes; 

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

10 States Government if needed for use by the Com11 mandant in time of war or a national emergency or 

12 based on the critical needs of the United States 

13 Coast Guard; 

14 (6) to hold the Government harmless for any 

15 claims arising from exposure to hazardous materials, 

16 including asbestos and polychlorinated biphenyls 

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

18 the United States Coast Guard Cutter STORIS by 

19 the Government; and 

20 (7) to any other conditions the Commandant 

21 considers appropriate. 

22 (c) TREATMENT OF CONVEYANCE.—The conveyance 

23 of the Coast Guard Cutter STORIS under this section 

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1 poses of section 6(e) of the Toxic Substances Control Act 

2 (15 U.S.C. 2605(e)). 

3 (d) OTHER EXCESS EQUIPMENT.—The Commandant 

4 may convey to the recipient of the Coast Guard Cutter 

5 STORIS under this section any excess equipment or parts 

6 from other decommissioned Coast Guard vessels for use 

7 to enhance the vessel’s operability and function for pur8 poses of a public museum and historical display. 

9 SEC. 602. COAST GUARD ADMINISTRATIVE COSTS. 

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

11 (33 U.S.C. 2712(a)(4)) is amended by striking ‘‘damages’’ 

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

13 claims processing, expert services, training, technical serv14 ices, and other administrative and personnel costs to proc15 ess claims’’. 

16 SEC. 603. OIL SPILL LIABILITY TRUST FUND INVESTMENT 

17 AMOUNT. 

18 Not later than 30 days after the date of enactment 

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

20 the amount invested in income producing securities under 

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

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

23 SEC. 604. DRY DOCK OPERATION. 

24 A vessel transported in Dry Dock #2 (State of Alas25 ka registration AIDEA FDD–2) shall not be considered 

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1 merchandise for purposes of section 55102 of title 46, 

2 United States Code, if, during transportation under that 

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

4 compressed air, and wastewater utility shoreside connec5 tions located in Ketchikan, Alaska. 

6 SEC. 605. TECHNICAL AMENDMENTS. 

7 (a) CONTINUATION ON ACTIVE DUTY.—Section 

8 290(a) of title 14, United States Code, is amended in the 

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

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

11 (b) FAILURE OF SELECTION AND REMOVAL FROM

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

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

14 and inserting ‘‘that Reserve appointment’’. 

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

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

17 by— 

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

19 and inserting the following: 

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

20 and 

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

22 and inserting the following: 

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

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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Coast Guard Authorization Act for Fiscal Years 2012 and 

4 2013’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—AUTHORIZATION 

Sec. 101. Authorization of appropriations. 

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

TITLE II—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. Officers recommended for promotion. 

Sec. 303. Original appointment of permanent commissioned officers. 

Sec. 304. Academy pay, allowances, and emoluments. 

Sec. 305. Academy policy on sexual harassment and sexual violence. 

Sec. 306. Coast Guard auxiliarists enrollment eligibility. 

TITLE IV—ADMINISTRATION 

Sec. 401. Advance procurement funding. 

Sec. 402. Multiyear procurement authority for Coast Guard National Security 

Cutters. 

Sec. 403. Requirement to maintain United States polar icebreaking capability. 

Sec. 404. Forward operating facility. 

Sec. 405. National response functions. 

Sec. 406. 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. 

Sec. 505. Risk analysis of transporting Canadian tar sands. 

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. 

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Sec. 605. Technical amendments. 

Sec. 606. Vessel determinations. 

Sec. 607. Alteration of bridge obstructing navigation. 

Sec. 608. Documentation of LNG tankers. 

Sec. 609. Notice of arrival. 

Sec. 610. Homeporting of FSV HENRY B BIGELOW. 

Sec. 611. Higher volume port area regulatory definition change. 

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 of 

5 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 is 

8 authorized to be derived from the Oil Spill Liability 

9 Trust Fund to carry out the purposes of section 

10 1012(a)(5) of the Oil Pollution Act of 1990 (33 

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

12 (2) For the acquisition, construction, rebuilding, 

13 renovation, and improvement of aids to navigation, 

14 shore and offshore facilities, vessels, and aircraft, in15 cluding equipment related thereto, $1,421,924,000 of 

16 which— 

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

18 Oil Spill Liability Trust Fund to carry out the 

19 purposes of section 1012(a)(5) of the Oil Pollu20 tion Act of 1990 (33 U.S.C. 2712(a)(5)), to re21 main available until expended; 

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

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

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

5 effect major repairs to, 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 fa10 cilities, 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 eval18 uation of technologies, materials, and human factors 

19 directly related to improving the performance of the 

20 Coast Guard’s mission in search and rescue, aids to 

21 navigation, marine safety, marine environmental 

22 protection, enforcement of laws and treaties, ice oper23 ations, oceanographic research, and defense readiness, 

24 $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 Benefit 

5 Plans, and payments for medical and dental care of 

6 retired personnel and their dependents under chapter 

7 55 of title 10, United States Code, $1,440,157,000, to 

8 remain available until expended. 

9 (5) For alteration or removal of bridges over 

10 navigable waters of the United States constituting ob11 structions to navigation, and for personnel and ad12 ministrative costs associated with the Alteration of 

13 Bridges Program, $16,000,000. 

14 (6) For environmental compliance and restora15 tion functions under chapter 19 of title 14, United 

16 States Code, $16,699,000. 

17 (7) For operation and maintenance of the Coast 

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

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

20 appropriated for fiscal year 2013 for necessary expenses of 

21 the Coast Guard as follows: 

22 (1) For the operation and maintenance of the 

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

24 authorized to be derived from the Oil Spill Liability 

25 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, rebuilding, 

4 renovation, and improvement of aids to navigation, 

5 shore and offshore facilities, vessels, and aircraft, in6 cluding equipment related thereto, $1,421,924,000 of 

7 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, renovate, or improve vessels, 

15 small boats, and related equipment; 

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

17 effect major repairs, renovate, or improve air18 craft or increase aviation capability; 

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

20 equipment; 

21 (E) $213,692,000 is authorized for shore fa22 cilities, 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 eval5 uation of technologies, materials, and human factors 

6 directly related to improving the performance of the 

7 Coast Guard’s mission in search and rescue, aids to 

8 navigation, marine safety, marine environmental 

9 protection, enforcement of laws and treaties, ice oper10 ations, oceanographic research, and defense readiness, 

11 $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 Benefit 

16 Plans, and payments for medical and dental care of 

17 retired personnel and their dependents under chapter 

18 55 of title 10, United States Code, such sums as are 

19 required, to remain available until expended. 

20 (5) For alteration or removal of bridges over 

21 navigable waters of the United States constituting ob22 structions to navigation, and for personnel and ad23 ministrative 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 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 

7 AND TRAINING. 

8 (a) FISCAL YEAR 2012.— 

9 (1) ACTIVE DUTY STRENGTH.—The Coast Guard 

10 is authorized an end-of-year strength for active duty 

11 personnel of 47,000 for the fiscal year ending on Sep12 tember 30, 2012. 

13 (2) MILITARY TRAINING STUDENT LOADS.—For 

14 fiscal year 2012, the Coast Guard is authorized aver15 age military training student loads as follows: 

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

17 student years. 

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

19 (C) For professional training in military 

20 and civilian institutions, 350 student years. 

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

22 years. 

23 (b) FISCAL YEAR 2013.— 

24 (1) ACTIVE DUTY STRENGTH.—The Coast Guard 

25 is authorized an end-of-year strength for active duty 

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1 personnel of 49,350 for the fiscal year ending on Sep2 tember 30, 2013. 

3 (2) MILITARY TRAINING STUDENT LOADS.—For 

4 fiscal year 2013, the Coast Guard is authorized aver5 age military training student loads as follows: 

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

7 student years. 

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

9 (C) For professional training in military 

10 and civilian institutions, 368 student years. 

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

12 years. 

13 TITLE II—ORGANIZATION 

14 SEC. 201. COAST GUARD AUTHORITY TO OPERATE AND 

15 MAINTAIN COAST GUARD ASSETS. 

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

17 States Code, is amended by adding at the end the following: 

18 ‘‘(e) OPERATION AND MAINTENANCE OF COAST GUARD

19 ASSETS AND FACILITIES.—All authority, including pro20 grammatic budget authority, for the operation and mainte21 nance of Coast Guard vessels, aircraft, systems, aides to 

22 navigation, infrastructure, and any other Coast Guard as23 sets or facilities, shall be allocated to and vested in the Coast 

24 Guard and the department in which the Coast Guard is 

25 operating.’’. 

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1 SEC. 202. CLARIFICATION OF COAST GUARD ICE OPER2 ATIONS MISSION. 

3 (a) COAST GUARD PROVISION OF FEDERAL

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

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

6 following: 

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

8 ‘‘(a) IN GENERAL.—Notwithstanding any other provi9 sion of law, except as provided in subsection (b), the Coast 

10 Guard shall be the sole supplier of icebreaking services, on 

11 an advancement or reimbursable basis, to each Federal 

12 agency that requires icebreaking services. 

13 ‘‘(b) EXCEPTION.—In the event that a Federal agency 

14 requires icebreaking services and the Coast Guard is unable 

15 to provide the services, the Federal agency may acquire 

16 icebreaking services from another entity.’’. 

17 (b) PRIORITY OF COAST GUARD MISSIONS IN POLAR

18 REGIONS.— 

19 (1) SECTION 110.—Section 110(b)(2) of the Arc20 tic Research and Policy Act of 1984 (15 U.S.C. 

21 4109(b)(2)) is amended— 

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

23 missions of the Coast Guard and’’ after ‘‘need24 ed’’; and 

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

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

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1 (2) SECTION 312.—Section 312(c) of the Ant2 arctic Marine Living Resources Convention Act of 

3 1984 (16 U.S.C. 2441(c)) is amended by inserting ‘‘to 

4 execute the statutory missions of the Coast Guard 

5 and’’ after ‘‘needed’’. 

6 (c) CONFORMING AMENDMENT.—The table of contents 

7 for chapter 5 of title 14, United States Code, is amended 

8 by inserting after the item relating to section 86 the fol9 lowing: 

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

10 TITLE III—PERSONNEL 

11 SEC. 301. ACQUISITION WORKFORCE EXPEDITED HIRING 

12 AUTHORITY. 

13 Section 404 of the Coast Guard Authorization Act of 

14 2010 (124 Stat. 2950) is amended— 

15 (1) in subsection (a)(1), by striking ‘‘as shortage 

16 category positions’’ and inserting ‘‘as positions for 

17 which there is a shortage of candidates or a critical 

18 hiring need’’; and 

19 (2) in subsection (b)— 

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

21 ‘‘section’’; and 

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

23 ‘‘2015’’. 

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1 SEC. 302. OFFICERS RECOMMENDED FOR PROMOTION. 

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

3 amended by striking ‘‘After selecting’’ and inserting ‘‘In se4 lecting’’. 

5 SEC. 303. ORIGINAL APPOINTMENT OF PERMANENT COM6 MISSIONED OFFICERS. 

7 Section 211 of title 14, United States Code, is amended 

8 by adding at the end the following: 

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

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

11 Guard refers to the member’s most recent appointment in 

12 the Coast Guard that is neither a promotion nor a demo13 tion.’’. 

14 SEC. 304. ACADEMY PAY, ALLOWANCES, AND EMOLUMENTS. 

15 Section 195 of title 14, United States Code, is amend16 ed— 

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

18 and inserting ‘‘foreign national’’; and 

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

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

21 emoluments’’. 

22 SEC. 305. ACADEMY POLICY ON SEXUAL HARASSMENT AND 

23 SEXUAL VIOLENCE. 

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

25 States Code, is amended by adding at the end the following: 

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1 ‘‘§ 200. Policy on sexual harassment and sexual vio2 lence 

3 ‘‘(a) REQUIRED POLICY.—The Commandant shall di4 rect the Superintendent of the Academy to prescribe a pol5 icy on sexual harassment and sexual violence. The policy 

6 shall apply to each member of the Coast Guard Academy 

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

8 Guard Academy personnel’ includes cadets. 

9 ‘‘(b) POLICY SPECIFICATIONS.—The policy under sub10 section (a) shall include— 

11 ‘‘(1) programs to promote awareness of the inci12 dence of rape, acquaintance rape, and other sexual of13 fenses of a criminal nature on and off the Academy 

14 reservation; 

15 ‘‘(2) the procedure that a victim of sexual har16 assment or sexual violence on or off the Academy res17 ervation shall follow if the victim chooses to report the 

18 sexual harassment or sexual violence, including— 

19 ‘‘(A) how to report the alleged sexual har20 assment or sexual violence, including— 

21 ‘‘(i) the name and contact information 

22 of each person that the victim must contact; 

23 and 

24 ‘‘(ii) an option for confidential report25 ing; 

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

2 each person that the victim can contact for as3 sistance; and 

4 ‘‘(C) how to preserve evidence; 

5 ‘‘(3) the procedure for disciplinary action 

6 against a member of the Coast Guard Academy per7 sonnel who commits sexual harassment or sexual vio8 lence; 

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

10 member of the Coast Guard Academy personnel who 

11 commits sexual harassment or sexual violence; and 

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

13 member of the Coast Guard Academy personnel, in14 cluding a specific training requirement for each mem15 ber of the Coast Guard Academy personnel who proc16 ess allegations of sexual harassment or sexual vio17 lence. 

18 ‘‘(c) ASSESSMENT.— 

19 ‘‘(1) IN GENERAL.—The Commandant shall di20 rect the Superintendent of the Academy to conduct an 

21 assessment during each Academy program year to de22 termine the effectiveness of the policy under subsection 

23 (a). 

24 ‘‘(2) BIENNIAL SURVEY.—Each assessment under 

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1 bered program year shall include a survey of Coast 

2 Guard Academy personnel. The survey shall— 

3 ‘‘(A) measure— 

4 ‘‘(i) the incidence, during that pro5 gram year, of sexual harassment and sexual 

6 violence, on or off the Academy reservation, 

7 that were reported under subsection (b)(2); 

8 and 

9 ‘‘(ii) the incidence, during that pro10 gram year, of sexual harassment and sexual 

11 violence, on or off the Academy reservation, 

12 that were not reported under subsection 

13 (b)(2); and 

14 ‘‘(B) assess the perceptions of Coast Guard 

15 Academy personnel regarding— 

16 ‘‘(i) the policy, training, and proce17 dures on sexual harassment and sexual vio18 lence; 

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

20 ‘‘(iii) the incidence of sexual harass21 ment and sexual violence involving Coast 

22 Guard Academy personnel; and 

23 ‘‘(iv) any other issues relating to sex24 ual harassment and sexual violence involv25 ing Coast Guard Academy personnel, that 

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1 the Superintendent of the Academy con2 siders relevant. 

3 ‘‘(d) REPORT.— 

4 ‘‘(1) IN GENERAL.—The Commandant shall di5 rect the Superintendent of the Academy to submit a 

6 report to the Commandant each Academy program 

7 year on sexual harassment and sexual violence involv8 ing a member of the Coast Guard Academy personnel 

9 that year. 

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

11 paragraph (1) shall include— 

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

13 sexual violence, on or off the Academy reserva14 tion, involving a member of the Coast Guard 

15 Academy, categorized by the type of offence, such 

16 as rape and sexual assault; 

17 ‘‘(B) the number of reported incidents under 

18 subparagraph (A) that were substantiated; 

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

20 procedures on sexual harassment and sexual vio21 lence under this section during the Academy pro22 gram year; and 

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

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1 assment and sexual violence, on or off the Acad2 emy reservation, involving a member of the 

3 Coast Guard Academy. 

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

5 paragraph (1) that is submitted during an odd-num6 bered program year shall include the results of the 

7 survey under subsection (c)(2). 

8 ‘‘(4) TRANSMISSION OF REPORT.—Not later than 

9 90 days after the date of receipt of a report under 

10 paragraph (1), the Commandant shall transmit a 

11 copy of the report and the Commandant’s comments 

12 on the report to the Committee on Commerce, Science, 

13 and Transportation of the Senate and the Committee 

14 on Transportation and Infrastructure of the House of 

15 Representatives.’’. 

16 (b) CONFORMING AMENDMENT.—The table of contents 

17 for chapter 9 of title 14, United States Code, is amended 

18 by inserting after the item relating to section 199 the fol19 lowing: 

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

20 SEC. 306. COAST GUARD AUXILIARISTS ENROLLMENT ELIGI21 BILITY. 

22 Section 823 of title 14, United States Code, is amended 

23 to read as follows: 

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1 ‘‘§ 823. Eligibility, enrollments 

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

3 United States and its territories and possessions, and of 

4 aliens lawfully admitted for permanent residence, as de5 fined in section 101(a)(20) of the Immigration and Nation6 ality Act (8 U.S.C. 1101(a)(20))— 

7 ‘‘(1) who are owners, sole or part, of motorboats, 

8 yachts, aircraft, or radio stations; or 

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

10 experience are deemed by the Commandant to be 

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

12 enrolled therein pursuant to applicable regulations.’’. 

13 TITLE IV—ADMINISTRATION 

14 SEC. 401. ADVANCE PROCUREMENT FUNDING. 

15 With respect to any Coast Guard vessel for which 

16 amounts are appropriated or otherwise made available for 

17 vessels for the Coast Guard in any fiscal year, the Secretary 

18 may enter into a contract or place an order, in advance 

19 of a contract or order for construction of a vessel, for— 

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

21 the vessel; 

22 (2) the advance construction of parts or compo23 nents for the vessel; 

24 (3) protection and storage of materials, parts, or 

25 components for the vessel; and 

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1 (4) production planning, design, and other re2 lated support services that reduce the overall procure3 ment lead time of the vessel. 

4 SEC. 402. MULTIYEAR PROCUREMENT AUTHORITY FOR 

5 COAST GUARD NATIONAL SECURITY CUT6 TERS. 

7 (a) IN GENERAL.—Beginning with the fiscal year 

8 2012 program year, the Secretary of the department in 

9 which the Coast Guard is operating may enter, under sec10 tion 2306b of title 10, United States Code, into a multiyear 

11 contract for the procurement of Coast Guard National Secu12 rity Cutters and government-furnished equipment associ13 ated with the National Security Cutter program. 

14 (b) LIMITATION.—The Secretary may not enter into 

15 a contract under subsection (a) until— 

16 (1) the Secretary submits to the Committee on 

17 Commerce, Science, and Transportation of the Senate 

18 and the Committee on Transportation and Infrastruc19 ture of the House of Representatives a certification 

20 that the Secretary has made, with respect to the con21 tract, each of the findings under section 2306b(a) of 

22 title 10, United States Code, such as the analysis re23 ferred to under subsection (c) of this section; and 

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1 (2) a period of 30 days has elapsed after the date 

2 that the Secretary submits the certification under 

3 paragraph (1). 

4 (c) DETERMINATION OF SUBSTANTIAL SAVINGS.—In 

5 conducting an analysis of substantial savings under section 

6 2306b(a)(1) of title 10, United States Code, the Secretary— 

7 (1) may not limit the analysis to a simple per8 centage-based metric; and 

9 (2) shall employ a full-scale analysis of cost 

10 avoidance— 

11 (A) based on a multiyear procurement; and 

12 (B) taking into account the potential benefit 

13 any accrued savings might have for future ship14 building programs if the cost avoidance savings 

15 were subsequently utilized for further ship con16 struction. 

17 SEC. 403. REQUIREMENT TO MAINTAIN UNITED STATES 

18 POLAR ICEBREAKING CAPABILITY. 

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

20 which the Coast Guard is operating shall acquire, either 

21 through new construction or the rebuilding, renovating, or 

22 improving of existing Coast Guard assets, not less than 2 

23 heavy polar icebreakers for operation by the Coast Guard 

24 to avoid jeopardizing national security, law enforcement, 

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1 tion, disaster response, scientific research, natural resource 

2 protection, marine pollution response and prevention, and 

3 fishery enforcement missions. 

4 (b) NECESSARY MEASURES.—The Secretary shall take 

5 all necessary measures, including the provision of necessary 

6 operation and maintenance funding, to ensure that— 

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

8 its current vessel capacity, including 1 medium and 

9 2 heavy polar icebreakers, for carrying out ice oper10 ations and other Coast Guard missions in the Arctic 

11 and Antarctic, Great Lakes, and New England re12 gions; and 

13 (2) any such vessels that are not fully oper14 ational are brought up to, and maintained at, full 

15 operational capability. 

16 (c) CURRENT ICEBREAKER MAINTENANCE.—Until 

17 new icebreakers are acquired under subsection (a), the Com18 mandant of the Coast Guard may not— 

19 (1) transfer, relinquish ownership of, or recycle 

20 the POLAR SEA or POLAR STAR; 

21 (2) remove any part of the POLAR SEA unless 

22 it will be installed on the POLAR STAR before it is 

23 put in ‘‘active’’ status and the Commandant certifies 

24 to the Committee on Commerce, Science, and Trans25 portation and the Committee on Armed Services of 

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1 the Senate and the Committee on Transportation and 

2 Infrastructure and the Committee on Armed Services 

3 of the House of Representatives that it is not possible 

4 for the POLAR STAR to function properly without 

5 doing so; 

6 (3) change the existing homeport of any Coast 

7 Guard icebreaker; or 

8 (4) expend any funds— 

9 (A) for any expenses directly or indirectly 

10 associated with the decommissioning of either of 

11 the vessels, including expenses for dock use or 

12 other goods and services; 

13 (B) for any personnel expenses directly or 

14 indirectly associated with the decommissioning 

15 of either of the vessels, including expenses for a 

16 decommissioning officer; 

17 (C) for any expenses associated with a de18 commissioning ceremony for either of the vessels; 

19 (D) to appoint a decommissioning officer to 

20 be affiliated with either of the vessels; or 

21 (E) to place either of the vessels in inactive 

22 status. 

23 (d) REIMBURSEMENT.—Nothing in this section shall 

24 preclude the Secretary from seeking reimbursement for oper25 ation and maintenance costs of the polar icebreakers from 

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1 other Federal agencies and entities, including foreign gov2 ernments, that benefit from the use of the polar icebreakers. 

3 (e) AUTHORIZATION OF APPROPRIATIONS.—There are 

4 authorized to be appropriated to the Secretary of the de5 partment in which the Coast Guard is operating such sums 

6 as may be necessary— 

7 (1) to acquire the polar icebreakers under sub8 section (a); and 

9 (2) to maintain and operate the polar icebreaker 

10 fleet under subsection (b). 

11 SEC. 404. FORWARD OPERATING FACILITY. 

12 Not later than 180 days after the date of enactment 

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

14 Coast Guard is operating may construct or lease hangar, 

15 berthing, and messing facilities in the Aleutian Island-Ber16 ing Sea operating area. The facilities shall— 

17 (1) support aircraft maintenance, including ex18 haust ventilation, heat, engine wash system, head fa19 cilities, fuel, ground support services, and electrical 

20 power; and 

21 (2) provide shelter for both current helicopter as22 sets and those projected to be located at Air Station 

23 Kodiak, Alaska for at least 20 years. 

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1 SEC. 405. NATIONAL RESPONSE FUNCTIONS. 

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

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

4 (1) in subsection (a)— 

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

6 (B) redesignating paragraphs (24) through 

7 (26) as paragraphs (23) through (25), respec8 tively; 

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

10 RESPONSE UNIT.’’ through ‘‘acting through the Na11 tional Response Unit’’ and inserting the following: 

12 ‘‘(2) NATIONAL RESPONSE FUNCTIONS.—The Sec13 retary of the department in which the Coast Guard 

14 is operating—’’; and 

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

16 into operating procedures of the National Response 

17 Unit’’. 

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

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

20 amended— 

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

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

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

24 SEC. 406. CONFORMING AMENDMENT. 

25 Section 210 of the Coast Guard and Maritime Trans26 portation Act of 2006 (14 U.S.C. 93 note) is repealed. 

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1 TITLE V—SHIPPING AND 

2 NAVIGATION 

3 SEC. 501. DESIGNATION OF ST. GEORGE HARBOR AS A HAR4 BOR OF REFUGE. 

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

6 date of enactment of this Act, the Commandant of the Coast 

7 Guard shall consult with appropriate Federal agencies and 

8 with State and local interests to determine what improve9 ments are necessary to make the harbor at St. George, Alas10 ka, a fully functional harbor of refuge throughout the year. 

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

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

13 life at sea and protect the marine environment in the Cen14 tral Bering Sea. 

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

16 determination under subsection (a), the Commandant shall 

17 inform the Committee on Commerce, Science, and Trans18 portation of the Senate and the Committee on Transpor19 tation and Infrastructure of the House of Representatives 

20 in writing of the improvements necessary to make the har21 bor at St. George, Alaska, a fully functional harbor of refuge 

22 throughout the year. 

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1 SEC. 502. PROTECTION AND FAIR TREATMENT OF SEA2 FARERS. 

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

4 States Code, is amended by adding at the end the following: 

5 ‘‘§ 11113. Protection and fair treatment of seafarers 

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

7 to ensure the protection and fair treatment of seafarers. 

8 ‘‘(b) SPECIAL FUND.— 

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

10 the Treasury a special fund known as the ‘Support of 

11 Seafarers Fund’. 

12 ‘‘(2) USE OF AMOUNTS IN FUND.—The amounts 

13 deposited into the Fund shall be available to the Sec14 retary, without fiscal year limitation, to— 

15 ‘‘(A) pay necessary support under sub16 section (c)(1); and 

17 ‘‘(B) reimburse a shipowner for necessary 

18 support under subsection (c)(2). 

19 ‘‘(3) AMOUNTS CREDITED TO FUND.—Notwith20 standing any other provision of law, the Fund may 

21 receive— 

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

23 Fund in the form of community service under 

24 section 8B1.3 of the United States Sentencing 

25 Guidelines Manual or to the extent permitted 

26 under paragraph (4); and 

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1 ‘‘(B) amounts reimbursed or recovered 

2 under subsection (e). 

3 ‘‘(4) PREREQUISITE FOR COMMUNITY SERVICE

4 CREDITS.—The Fund may receive credits under para5 graph (3)(A) if the unobligated balance of the Fund 

6 is less than $5,000,000. 

7 ‘‘(5) AUTHORIZATION OF APPROPRIATION.— 

8 There are authorized to be appropriated, from the 

9 Fund, for each fiscal year such sums as may be nec10 essary for the purposes set forth in paragraph (2). 

11 ‘‘(6) REPORT REQUIRED.— 

12 ‘‘(A) IN GENERAL.—The Secretary shall 

13 submit to Congress, concurrent with the Presi14 dent’s budget submission for a given fiscal year, 

15 a report that describes— 

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

17 under paragraph (3) for the preceding fiscal 

18 year; 

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

20 amounts were charged; and 

21 ‘‘(iii) the projected level of expenditures 

22 from the Fund for the upcoming fiscal year, 

23 based on— 

24 ‘‘(I) on-going activities; and 

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1 ‘‘(II) new cases, derived from his2 toric data. 

3 ‘‘(B) EXCEPTION.—Subparagraph (A) shall 

4 not apply to obligations during the first fiscal 

5 year during which amounts are credited to the 

6 Fund. 

7 ‘‘(7) FUND MANAGER.—The Secretary shall des8 ignate a Fund manager. The Fund manager shall— 

9 ‘‘(A) ensure the visibility and account10 ability of transactions utilizing the Fund; 

11 ‘‘(B) prepare the report under paragraph 

12 (6); 

13 ‘‘(C) monitor the unobligated balance of the 

14 Fund; and 

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

16 Attorney General whenever the unobligated bal17 ance of the Fund is less than $5,000,000. 

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

19 ‘‘(1) pay, from amounts appropriated from the 

20 Fund, necessary support of— 

21 ‘‘(A) a seafarer that— 

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

23 the United States; and 

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

25 reporting, documentation, or adjudication 

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1 of any matter that is related to the admin2 istration or enforcement of any treaty, law, 

3 or regulation by the Coast Guard; and 

4 ‘‘(B) a seafarer that the Secretary deter5 mines was abandoned in the United States; and 

6 ‘‘(2) reimburse, from amounts appropriated from 

7 the Fund, a shipowner that has provided necessary 

8 support of a seafarer who has been paroled into the 

9 United States to facilitate an investigation, reporting, 

10 documentation, or adjudication of any matter that is 

11 related to the administration or enforcement of any 

12 treaty, law, or regulation by the Coast Guard, for the 

13 costs of necessary support if the Secretary determines 

14 that reimbursement is necessary to avoid serious in15 justice. 

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

17 construed— 

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

19 necessary support; or 

20 ‘‘(2) to compel the Secretary to pay or reimburse 

21 the cost of necessary support. 

22 ‘‘(e) REIMBURSEMENT; RECOVERY.— 

23 ‘‘(1) IN GENERAL.—A shipowner shall reimburse 

24 the Fund an amount equal to the total amount paid 

25 from the Fund for necessary support of a seafarer 

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1 plus a surcharge of 25 percent of the total amount 

2 if— 

3 ‘‘(A) the shipowner— 

4 ‘‘(i) during the course of an investiga5 tion, reporting, documentation, or adjudica6 tion of any matter that the Coast Guard re7 ferred to a United States Attorney or the 

8 Attorney General, fails to provide necessary 

9 support of a seafarer who was paroled into 

10 the United States to facilitate the investiga11 tion, reporting, documentation, or adjudica12 tion; and 

13 ‘‘(ii) subsequently receives a criminal 

14 penalty; or 

15 ‘‘(B) the shipowner, under any cir16 cumstance, abandons a seafarer in the United 

17 States, as determined by the Secretary. 

18 ‘‘(2) ENFORCEMENT.—If a shipowner fails to re19 imburse the Fund under paragraph (1), the Secretary 

20 may— 

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

22 the shipowner in the Federal district court for 

23 the district in which the vessel is found; and 

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1 ‘‘(B) withhold or revoke the clearance re2 quired under section 60105 of any vessel of the 

3 shipowner wherever the vessel is found. 

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

5 from the Secretary after it is withheld or revoked 

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

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

8 ‘‘(f) BOND AND SURETY.— 

9 ‘‘(1) AUTHORITY.—The Secretary may require a 

10 bond or a surety satisfactory as an alternative to 

11 withholding or revoking clearance under subsection 

12 (e) if, in the opinion of the Secretary, the bond or 

13 surety satisfactory is necessary to facilitate an inves14 tigation, reporting, documentation, or adjudication of 

15 any matter that is related to the administration or 

16 enforcement of any treaty, law, or regulation by the 

17 Coast Guard. 

18 ‘‘(2) SURETY CORPORATIONS.—A surety corpora19 tion may provide a bond or surety satisfactory under 

20 paragraph (1) if the surety corporation is authorized 

21 by the Secretary of the Treasury under section 9305 

22 of title 31 to provide surety bonds under section 9304 

23 of title 31. 

24 ‘‘(3) APPLICATION.—The authority to require a 

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1 holding or revocation of the clearance under sub2 section (e) applies to any investigation, reporting, 

3 documentation, or adjudication of any matter that is 

4 related to the administration or enforcement of any 

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

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

7 ‘‘(1) ABANDONS; ABANDONED.—The term ‘aban8 dons’ or ‘abandoned’ means— 

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

10 ties with a seafarer; or 

11 ‘‘(B) a shipowner’s failure to provide nec12 essary support of a seafarer. 

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

14 term ‘bond or surety satisfactory’ means a negotiated 

15 instrument, the terms of which may, at the discretion 

16 of the Secretary, include provisions that require a 

17 shipowner to— 

18 ‘‘(A) provide necessary support of a seafarer 

19 who has or may have information pertinent to 

20 an investigation, reporting, documentation, or 

21 adjudication of any matter that is related to the 

22 administration or enforcement of any treaty, 

23 law, or regulation by the Coast Guard; 

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

25 documentation, or adjudication of any matter 

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1 that is related to the administration or enforce2 ment of any treaty, law, or regulation by the 

3 Coast Guard; 

4 ‘‘(C) stipulate to certain incontrovertible 

5 facts, including the ownership or operation of the 

6 vessel, or the authenticity of documents and 

7 things from the vessel; 

8 ‘‘(D) facilitate service of correspondence and 

9 legal papers; 

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

11 district court; 

12 ‘‘(F) comply with directions regarding pay13 ment of funds; 

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

15 for service of process; 

16 ‘‘(H) stipulate in United States district 

17 court as to the authenticity of certain documents; 

18 ‘‘(I) provide assurances that no discrimina19 tory or retaliatory measures will be taken 

20 against a seafarer involved in an investigation, 

21 reporting, documentation, or adjudication of any 

22 matter that is related to the administration or 

23 enforcement of any treaty, law, or regulation by 

24 the Coast Guard; 

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

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

3 Secretary; and 

4 ‘‘(K) provide for any other appropriate 

5 measures as the Secretary considers necessary to 

6 ensure the Government is not prejudiced by 

7 granting the clearance required under section 

8 60105 of title 46. 

9 ‘‘(3) FUND.—The term ‘Fund’ means the Sup10 port of Seafarers Fund established under this section. 

11 ‘‘(4) NECESSARY SUPPORT.—The term ‘necessary 

12 support’ means normal wages, lodging, subsistence, 

13 clothing, medical care (including hospitalization), re14 patriation, and any other expense the Secretary con15 siders appropriate. 

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

17 alien crewman who is employed or engaged in any 

18 capacity on board a vessel subject to the jurisdiction 

19 of the United States. 

20 ‘‘(6) SHIPOWNER.—The term ‘shipowner’ means 

21 an individual or entity that owns, has an ownership 

22 interest in, or operates a vessel subject to the jurisdic23 tion of the United States. 

24 ‘‘(7) VESSEL SUBJECT TO THE JURISDICTION OF

25 THE UNITED STATES.—The term ‘vessel subject to the 

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1 jurisdiction of the United States’ has the meaning 

2 given the term in section 70502(c), except that it ex3 cludes— 

4 ‘‘(A) a vessel— 

5 ‘‘(i) that is owned by the United 

6 States, a State or political subdivision 

7 thereof, or a foreign nation; and 

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

9 and 

10 ‘‘(B) a bareboat— 

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

12 the United States, a State or political sub13 division thereof, or a foreign nation; and 

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

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

16 regulations to implement this section.’’. 

17 (b) CONFORMING AMENDMENT.—The table of contents 

18 for chapter 111 of title 46, United States Code, is amended 

19 by inserting after the item relating to section 11112 the fol20 lowing: 

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

21 (c) AUTHORIZATION OF APPROPRIATIONS.—There are 

22 authorized to be appropriated to the Fund $1,500,000 for 

23 each of fiscal years 2012, 2013, and 2014. 

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1 SEC. 503. DELEGATION OF AUTHORITY. 

2 Section 3316 of title 46, United States Code, is amend3 ed— 

4 (1) in subsection (b)(2)— 

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

7 (B) by striking the period at the end of sub8 paragraph (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 govern13 ment of a country designated by the Secretary of 

14 State as a State Sponsor of Terrorism.’’; 

15 (2) in subsection (d)(2)— 

16 (A) by striking ‘‘and’’ at the end of sub17 paragraph (A); 

18 (B) by striking the period at the end of sub19 paragraph (B) and inserting ‘‘; and’’; and 

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

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

22 that the foreign classification society does not 

23 provide comparable services in or for the govern24 ment of a country designated by the Secretary of 

25 State as a State Sponsor of Terrorism.’’; and 

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

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

2 made to a foreign classification society under subsection (b) 

3 or (d) if the Secretary of State determines that the foreign 

4 classification society provides comparable services in or for 

5 the government of a country designated by the Secretary 

6 of State as a State Sponsor of Terrorism.’’. 

7 SEC. 504. REPORT ON ESTABLISHMENT OF ARCTIC DEEP 

8 WATER PORT. 

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

10 shall conduct a study on the feasibility and potential of es11 tablishing a deep water sea port in the Arctic to protect 

12 and advance strategic United States interests within the 

13 Arctic region. 

14 (b) SCOPE.—The study under subsection (a) shall in15 clude an analysis of: 

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

17 would provide; 

18 (2) potential and optimum locations for the port; 

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

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

21 (5) the infrastructure required to support the 

22 port; and 

23 (6) any other issues the Secretary considers nec24 essary to complete the study. 

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

2 enactment of this Act, the Commandant shall submit a re3 port on the findings of the study under subsection (a) to 

4 the Committee on Commerce, Science, and Transportation 

5 of the Senate and the Committee on Transportation and 

6 Infrastructure of the House of Representatives. 

7 SEC. 505. RISK ANALYSIS OF TRANSPORTING CANADIAN 

8 TAR SANDS. 

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

10 Guard shall assess the increased vessel traffic in the Salish 

11 Sea (including the Puget Sound, the Strait of Georgia, 

12 Haro Strait, Rosario Strait, and the Strait of Juan de 

13 Fuca), that may occur from the transport of Canadian tar 

14 sands oil. 

15 (b) SCOPE.—The analysis required under subsection 

16 (a) shall, at a minimum, consider— 

17 (1) the extent to which vessel (barge, tanker, and 

18 supertanker) traffic may increase due to Canadian 

19 tar sands development; 

20 (2) whether transport of Canadian tar sands 

21 within the Salish Sea is likely to require navigation 

22 through United States territorial waters; 

23 (3) the rules and regulations that restrict super24 tanker traffic in United States waters, including an 

25 assessment of whether there are methods to bypass 

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1 those rules in such waterways and adjacent Canadian 

2 waters; 

3 (4) the rules and regulations that restrict the 

4 amount of oil transported in tankers or barges in 

5 United States waters, including an assessment of 

6 whether there are methods to bypass those rules in 

7 such waterways and adjacent Canadian waters; 

8 (5) spill response capability throughout the 

9 shared water of the United States and Canada, in10 cluding oil spill response planning requirements for 

11 vessels bound for one nation transiting through the 

12 waters of the other nation; 

13 (6) vessel emergency response towing capability 

14 at the entrance to the Strait of Juan de Fuca; 

15 (7) the agreement between the United States and 

16 Canada that outlines requirements for laden tank ves17 sels to be escorted by tug boats; 

18 (8) whether oil extracted from tar sands has dif19 ferent properties from other types of oil, including 

20 toxicity and other properties, which may require dif21 ferent maritime clean up technologies; and 

22 (9) a risk assessment of the increasing super23 tanker, tanker, and barge traffic associated with Ca24 nadian tar sands development or expected to be asso25 ciated with Canadian tar sands development. 

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1 (c) CONSULTATION REQUIREMENT.—In conducting the 

2 analysis required under this section, the Commandant shall 

3 consult with the State of Washington and affected tribal 

4 governments. The Commandant is also strongly encouraged 

5 to consult with the Secretary of State. 

6 (d) RECOMMENDATIONS.—Not later than 180 days 

7 after the date of enactment of this Act, the Commandant 

8 shall submit recommendations based on the analysis re9 quired under this section to the Committee on Commerce, 

10 Science, and Transportation of the Senate and the Com11 mittee on Transportation and Infrastructure of the House 

12 of Representatives. The recommendations shall consider a 

13 full range of options for the management of increasing mar14 itime traffic and minimizing the increased likelihood of an 

15 oil spill, including Federal legislation, promulgation of 

16 Federal rules, and the establishment of cooperative agree17 ments for shared funding of spill prevention and response 

18 systems. 

19 TITLE VI—MISCELLANEOUS 

20 SEC. 601. CONVEYANCE OF DECOMMISSIONED COAST 

21 GUARD CUTTER STORIS. 

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

23 Guard shall convey the Coast Guard Cutter STORIS to the 

24 Storis Museum under subsection (b) if the Commandant de25 termines that the cost to the Federal Government of conmstockstill on DSK4VPTVN1PROD with BILLS

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1 veying the Coast Guard Cutter STORIS through the Gen2 eral Services Administration exceeds the cost to the Federal 

3 Government of conveying to the STORIS Museum under 

4 subsection (b). 

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

6 cost determination under subsection (a) and after the de7 commissioning of the Coast Guard Cutter STORIS, the 

8 Commandant of the Coast Guard shall convey, without con9 sideration, all right, title, and interest owned by the United 

10 States in the Coast Guard Cutter STORIS to the Storis 

11 Museum, a nonprofit entity of Juneau, Alaska, if the head 

12 of the STORIS Museum agrees— 

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

14 (2) to make the United States Coast Guard Cut15 ter STORIS available to the public as a museum; 

16 (3) to work cooperatively with other museums to 

17 provide education and memorialize the maritime her18 itage of the United States Coast Guard Cutter 

19 STORIS and other maritime activities in Alaska, the 

20 Pacific Northwest, the Arctic Ocean, and adjacent 

21 oceans and seas; 

22 (4) that the vessel will not be used for commer23 cial transportation purposes; 

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

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1 mandant in time of war or a national emergency or 

2 based on the critical needs of the United States Coast 

3 Guard; 

4 (6) to hold the Government harmless for any 

5 claims arising from exposure to hazardous materials, 

6 including asbestos and polychlorinated biphenyls 

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

8 United States Coast Guard Cutter STORIS by the 

9 Government; and 

10 (7) to any other conditions the Commandant 

11 considers appropriate. 

12 (c) TREATMENT OF CONVEYANCE.—The conveyance of 

13 the Coast Guard Cutter STORIS under this section shall 

14 not be considered a distribution in commerce for purposes 

15 of section 6(e) of the Toxic Substances Control Act (15 

16 U.S.C. 2605(e)). 

17 (d) OTHER EXCESS EQUIPMENT.—The Commandant 

18 may convey to the recipient of the Coast Guard Cutter 

19 STORIS under this section any excess equipment or parts 

20 from other decommissioned Coast Guard vessels for use to 

21 enhance the vessel’s operability and function for purposes 

22 of a public museum and historical display. 

23 SEC. 602. COAST GUARD ADMINISTRATIVE COSTS. 

24 Section 1012(a)(4) of the Oil Pollution Act of 1990 (33 

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

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1 inserting ‘‘damages, including the cost of commercial claims 

2 processing, expert services, training, technical services, and 

3 other administrative and personnel costs to process claims’’. 

4 SEC. 603. OIL SPILL LIABILITY TRUST FUND INVESTMENT 

5 AMOUNT. 

6 Not later than 30 days after the date of enactment of 

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

8 amount invested in income producing securities under sec9 tion 5006(b) of the Oil Pollution Act of 1990 (33 U.S.C. 

10 2736(b)) by $12,851,340. 

11 SEC. 604. DRY DOCK OPERATION. 

12 A vessel transported in Dry Dock #2 (State of Alaska 

13 registration AIDEA FDD-2) is not merchandise for pur14 poses of section 55102 of title 46, United States Code, if, 

15 during such transportation, Dry Dock #2 remains con16 nected by a utility or other connecting line to pier-side 

17 moorage. 

18 SEC. 605. TECHNICAL AMENDMENTS. 

19 (a) CONTINUATION ON ACTIVE DUTY.—Section 290(a) 

20 of title 14, United States Code, is amended in the second 

21 sentence by striking ‘‘in the grade of vice admiral’’ and in22 serting ‘‘in or above the grade of vice admiral’’. 

23 (b) FAILURE OF SELECTION AND REMOVAL FROM AC24 TIVE STATUS.—Section 740(d) of title 14, United States 

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1 Code, is amended by striking ‘‘that appointment’’ and in2 serting ‘‘that Reserve appointment’’. 

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

4 chapter 17 of title 14, United States Code, is amended by— 

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

6 and inserting the following: 

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

7 and 

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

9 and inserting the following: 

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

10 SEC. 606. VESSEL DETERMINATIONS. 

11 (a) VESSELS DEEMED NEW VESSELS.—The vessel 

12 with United States official number 981472 and the vessel 

13 with United States official number 988333 shall each be 

14 deemed to be a new vessel effective on the date of delivery 

15 after January 1, 2008, from a privately owned United 

16 States shipyard if no encumbrances are on record with the 

17 United States Coast Guard at the time of the issuance of 

18 the new vessel certificate of documentation for each vessel. 

19 (b) SAFETY INSPECTION.—Each vessel under sub20 section (a) shall be subject to the vessel safety and inspection 

21 requirements of title 46, United States Code (as in effect 

22 on the day before the date of enactment of this Act), applica23 ble to any such vessel. 

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1 SEC. 607. ALTERATION OF BRIDGE OBSTRUCTING NAVIGA2 TION. 

3 (a) REQUIREMENT TO COMMENCE ADMINISTRATIVE

4 REVIEW.—Not later than 15 days after the date of enact5 ment of this Act, the Commandant of the Coast Guard shall 

6 certify to the Committee on Commerce, Science, and Trans7 portation of the Senate and the Committee on Transpor8 tation and Infrastructure of the House of Representatives 

9 that the Coast Guard has commenced the required inter10 agency administrative review of the pending proposal to 

11 alter the bridge that is unreasonably obstructing navigation 

12 and that spans the Kill Van Kull, connecting Bayonne, New 

13 Jersey, and Staten Island, New York. 

14 (b) EXPEDITED PROCESS.—The Commandant— 

15 (1) shall expedite the interagency administrative 

16 review under subsection (a); and 

17 (2) may use any resources offered to the Coast 

18 Guard by the bridge owner for the purpose of para19 graph (1). 

20 (c) DEADLINE FOR COMPLETION.—Not later than De21 cember 31, 2011, the Coast Guard shall complete the inter22 agency administrative review under subsection (a). 

23 SEC. 608. DOCUMENTATION OF LNG TANKERS. 

24 (a) IN GENERAL.—Notwithstanding sections 12112 

25 and 12132 and chapter 551 of title 46, United States Code, 

26 the Secretary of the department in which the Coast Guard 

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1 is operating may issue a certificate of documentation with 

2 a coastwise endorsement for each of the following vessels: 

3 (1) LNG GEMINI (United States official num4 ber 595752). 

5 (2) LNG LEO (United States official number 

6 595753). 

7 (3) LNG VIRGO (United States official number 

8 595755). 

9 (b) LIMITATION ON OPERATION.—Coastwise trade au10 thorized under subsection (a) shall be limited to carriage 

11 of natural gas, as that term is defined in section 3(13) of 

12 the Deepwater Port Act of 1974 (33 U.S.C. 1502(13)). 

13 (c) TERMINATION OF EFFECTIVENESS OF ENDORSE14 MENTS.—The coastwise endorsement issued under sub15 section (a) for a vessel shall expire on the date of the sale 

16 of the vessel by the owner of the vessel on the date of enact17 ment of this Act to a person who is not related by ownership 

18 or control to such owner. 

19 SEC. 609. NOTICE OF ARRIVAL. 

20 The regulations required under section 109(a) of the 

21 Security and Accountability For Every Port Act of 2006 

22 (33 U.S.C. 1223 note) dealing with notice of arrival re23 quirements for foreign vessels on the Outer Continental 

24 Shelf shall not apply to a vessel documented under section 

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1 12105 of title 46, United States Code, unless the vessel ar2 rives from a foreign port or place. 

3 SEC. 610. HOMEPORTING OF FSV HENRY B BIGELOW. 

4 (a) DEADLINE FOR FINAL DECISION REGARDING THE

5 HOMEPORT FOR THE FSV HENRY B BIGELOW.— 

6 (1) IN GENERAL.—Not later than 180 days after 

7 the date of enactment of this Act, the Administrator 

8 of the National Oceanic and Atmospheric Administra9 tion shall make a final decision regarding the home10 port for the FSV HENRY B BIGELOW. 

11 (2) ADVANCE NOTICE TO CONGRESS.—Not later 

12 than 45 days before the date that the final decision 

13 under paragraph (1) is implemented, the Adminis14 trator shall submit to the Committee on Commerce, 

15 Science, and Transportation of the Senate and the 

16 Committee on Natural Resources of the House of Rep17 resentative— 

18 (A) notification of the proposed final deci19 sion; and 

20 (B) an explanation of— 

21 (i) the rationale for the homeport se22 lected in the proposed final decision; and 

23 (ii) how the proposed final decision ad24 dresses the considerations under subsection 

25 (b). 

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1 (b) CONSIDERATIONS.—In making a final decision 

2 under subsection (a), the Administrator of the National 

3 Oceanic and Atmospheric Administration shall consider— 

4 (1) the use of existing infrastructure owned by 

5 the Administration; 

6 (2) the proximity of the proposed homeport to 

7 Federal research facilities and to programs that could 

8 directly benefit from the research conducted by the 

9 FSV HENRY B BIGELOW, including the Adminis10 tration’s Northeast Fisheries Science Center; 

11 (3) the proximity of the proposed homeport to 

12 non-Federal fisheries research partners and vessel and 

13 equipment repair and support infrastructure; 

14 (4) the prior homeport location of the FSV AL15 BATROSS, which the FSV HENRY B BIGELOW is 

16 replacing; and 

17 (5) the historical and cultural significance of the 

18 presence of a Federal fisheries research vessel at the 

19 proposed homeport. 

20 (c) PROGRESS REPORT.—Not later than 30 days after 

21 the date of enactment of this Act, the Administrator of the 

22 National Oceanic and Atmospheric Administration shall 

23 submit to the Committee on Commerce, Science, and Trans24 portation of the Senate and the Committee on Natural Re25 sources of the House of Representatives a report on the Admstockstill on DSK4VPTVN1PROD with BILLS

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1 ministrator’s progress in making a final decision under 

2 subsection (a). 

3 SEC. 611. HIGHER VOLUME PORT AREA REGULATORY DEFI4 NITION CHANGE. 

5 (a) IN GENERAL.—Subsection (a) of section 710 of the 

6 Coast Guard Authorization Act of 2010 (Public Law 111– 

7 281; 124 Stat. 2986) is amended to read as follows: 

8 ‘‘(a) HIGHER VOLUME PORTS.— 

9 ‘‘(1) IN GENERAL.—Notwithstanding any other 

10 provision of law, the requirements of subparts D, F, 

11 and G of part 155 of title 33, Code of Federal Regula12 tions, that apply to the higher volume port area for 

13 the Strait of Juan de Fuca at Port Angeles, Wash14 ington (including any water area within 50 nautical 

15 miles seaward), to and including Puget Sound, shall 

16 be deemed to apply, in the same manner, and to the 

17 same extent, to the Strait of Juan de Fuca at Cape 

18 Flattery, Washington (including any water area 

19 within 50 nautical miles seaward), to and including 

20 Puget Sound. 

21 ‘‘(2) EFFECTIVE DATE.—This subsection shall 

22 take effect on July 1, 2012.’’. 

23 (b) CONFORMING AMENDMENT.—Subsection (b) of such 

24 section is amended by striking ‘‘the modification of the 

25 higher volume port area definition required by subsection 

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1 (a)’’ and inserting ‘‘higher volume port requirements made 

2 applicable under subsection (a)’’. 

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Calendar No. 300 

112TH CONGRESS 

2D SESSION S. 1665 

[Report No. 112–135] 

A BILL 

To authorize appropriations for the Coast Guard 

purposes. for fiscal years 2012 and 2013, and for other 

JANUARY 26, 2012 

Reported with an amendment 

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