In the Senate of the United States, 

September 22 (legislative day, September 21), 2012. 

Resolved, That the bill from the House of Representatives (H.R. 2838) entitled ‘‘An Act to authorize appropriations for the Coast Guard for fiscal years 2012 through 

2015, and for other purposes.’’, do pass with the following 

AMENDMENTS: 

Strike all after the enacting clause and insert the 

following: 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Coast Guard Authorization Act of 2012’’. 

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

5 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. 
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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. National response functions. 

Sec. 405. National Response Center notification requirements. 

Sec. 406. Conforming amendment. 

TITLE V—SHIPPING AND NAVIGATION 

Sec. 501. Central Bering Sea potential place 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 oil sands. 

Sec. 506. Eligibility to receive surplus training equipment. 

TITLE VI—MARITIME ADMINISTRATION AUTHORIZATION 

Sec. 601. Short title; amendment of title 46, United States Code. 

Sec. 602. Marine transportation system. 

Sec. 603. Short sea transportation program amendments. 

Sec. 604. Maritime environmental and technical assistance program. 

Sec. 605. Waiver of navigation and vessel-inspection laws. 

Sec. 606. Extension of maritime security fleet program. 

Sec. 607. Maritime workforce study. 

Sec. 608. Maritime administration vessel recycling contract award practices. 

Sec. 609. Requirement for barge design. 

TITLE VII—MISCELLANEOUS 

Sec. 701. Limitation on availability of funds for procurement of alternative fuel. 

Sec. 702. Passenger vessel security and safety requirements. 

Sec. 703. Oil spill liability trust fund investment amount. 

Sec. 704. Vessel determinations. 

Sec. 705. Alteration of bridge obstructing navigation. 

Sec. 706. Notice of arrival. 

Sec. 707. Waivers. 

Sec. 708. Budgetary effects. 

Sec. 709. Technical amendments. 
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1 TITLE I—AUTHORIZATION 

2 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

3 (a) FISCAL YEAR 2013.—Funds are authorized to be 

4 appropriated for fiscal year 2013 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; 

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

23 effect major repairs to, renovate, or improve ves24 sels, 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 air3 craft or increase aviation capability; 

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

5 equipment; 

6 (E) $213,692,000 is authorized for shore fa7 cilities, 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 eval15 uation of technologies, materials, and human factors 

16 directly related to improving the performance of the 

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

18 navigation, marine safety, marine environmental 

19 protection, enforcement of laws and treaties, ice oper20 ations, oceanographic research, and defense readiness, 

21 $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 

25 Serviceman’s Family Protection and Survivor Benefit 
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1 Plans, and payments for medical and dental care of 

2 retired personnel and their dependents under chapter 

3 55 of title 10, United States Code, $1,440,157,000, to 

4 remain available until expended. 

5 (5) For alteration or removal of bridges over 

6 navigable waters of the United States constituting ob7 structions to navigation, and for personnel and ad8 ministrative 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 2014.—Funds are authorized to be 

16 appropriated for fiscal year 2014 for necessary expenses of 

17 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 is 

20 authorized to be derived from the Oil Spill Liability 

21 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, rebuilding, 

25 renovation, and improvement of aids to navigation, 
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1 shore and offshore facilities, vessels, and aircraft, in2 cluding equipment related thereto, $1,421,924,000 of 

3 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 vessels, 

11 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 fa18 cilities, 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 eval2 uation of technologies, materials, and human factors 

3 directly related to improving the performance of the 

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

5 navigation, marine safety, marine environmental 

6 protection, enforcement of laws and treaties, ice oper7 ations, oceanographic research, and defense readiness, 

8 $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 Benefit 

13 Plans, and payments for medical and dental care of 

14 retired personnel and their dependents under chapter 

15 55 of title 10, United States Code, $1,440,157,000 to 

16 remain available until expended. 

17 (5) For alteration or removal of bridges over 

18 navigable waters of the United States constituting ob19 structions to navigation, and for personnel and ad20 ministrative costs associated with the Alteration of 

21 Bridges Program, $16,000,000. 

22 (6) For environmental compliance and restora23 tion functions under chapter 19 of title 14, United 

24 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 2013.— 

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

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

8 personnel of 47,000 for the fiscal year ending on Sep9 tember 30, 2013. 

10 (2) MILITARY TRAINING STUDENT LOADS.—For 

11 fiscal year 2013, the Coast Guard is authorized aver12 age 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 2014.— 

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

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

23 personnel of 49,350 for the fiscal year ending on Sep24 tember 30, 2014. 
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1 (2) MILITARY TRAINING STUDENT LOADS.—For 

2 fiscal year 2014, the Coast Guard is authorized aver3 age 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 following: 

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

17 ASSETS AND FACILITIES.—All authority, including pro18 grammatic budget authority, for the operation and mainte19 nance of Coast Guard vessels, aircraft, systems, aids to 

20 navigation, infrastructure, and any other Coast Guard as21 sets or facilities, shall be allocated to and vested in the Coast 

22 Guard and the department in which the Coast Guard is 

23 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 ‘‘§ 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 Coast Guard Academy to pre5 scribe a policy on sexual harassment and sexual violence 

6 applicable to the cadets and other personnel of the Coast 

7 Guard Academy. 

8 ‘‘(b) MATTERS TO BE SPECIFIED IN POLICY.—The pol9 icy on sexual harassment and sexual violence under this 

10 section shall include specification of the following: 

11 ‘‘(1) Programs to promote awareness of the inci12 dence of rape, acquaintance rape, and other sexual of13 fenses of a criminal nature that involve cadets or 

14 other Academy personnel. 

15 ‘‘(2) Information about how the Coast Guard 

16 and the Academy will protect the confidentiality of 

17 victims, including how any records, statistics, or re18 ports intended for public release will be formatted 

19 such that the confidentiality of victims is not jeopard20 ized. 

21 ‘‘(3) Procedures that a cadet or other Academy 

22 personnel should follow in the case of an occurrence 

23 of sexual harassment or sexual violence, including— 

24 ‘‘(A) if the cadet or other Academy per25 sonnel chooses to report an occurrence of sexual 

26 harassment or sexual violence, a specification of 
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1 the person or persons to whom the alleged offense 

2 should be reported and options for confidential 

3 reporting, including written information to be 

4 given to victims which explains how the Coast 

5 Guard and the Academy will protect the con6 fidentiality of victims; 

7 ‘‘(B) a specification of any other person 

8 whom the victim should contact; and 

9 ‘‘(C) procedures on the preservation of evi10 dence potentially necessary for proof of criminal 

11 sexual assault. 

12 ‘‘(4) Procedures for disciplinary action in cases 

13 of criminal sexual assault involving a cadet or other 

14 Academy personnel. 

15 ‘‘(5) Any other sanction authorized to be imposed 

16 in a substantiated case of sexual harassment or sexual 

17 violence involving a cadet or other Academy personnel 

18 in rape, acquaintance rape, or other criminal sexual 

19 offence, whether forcible or nonforcable. 

20 ‘‘(6) Required training on the policy for all ca21 dets and other Academy personnel who process allega22 tions of sexual harassment or sexual violence involv23 ing a cadet or other Academy personnel. 

24 ‘‘(c) ASSESSMENT.— 
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1 ‘‘(1) IN GENERAL.—The Commandant shall di2 rect the Superintendent to conduct at the Academy 

3 during each Academy program year an assessment to 

4 determine the effectiveness of the policies of the Acad5 emy with respect to sexual harassment and sexual vi6 olence involving cadets and other Academy personnel. 

7 ‘‘(2) BIENNIAL SURVEY.—For the assessment at 

8 the Academy under paragraph (1) with respect to an 

9 Academy program year that begins in an odd-num10 bered calendar year, the Superintendent shall conduct 

11 a survey of cadets and other Academy personnel— 

12 ‘‘(A) to measure— 

13 ‘‘(i) the incidence, during that pro14 gram year, of sexual harassment and sexual 

15 violence events, on or off the Academy res16 ervation, that have been reported to an offi17 cial of the Academy; and 

18 ‘‘(ii) the incidence, during that pro19 gram year, of sexual harassment and sexual 

20 violence, on or off the Academy reservation, 

21 that have not been reported to an official of 

22 the Academy; and 

23 ‘‘(B) to assess the perceptions of the cadets 

24 and other Academy personnel of— 
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1 ‘‘(i) the policies, training, and proce2 dures on sexual harassment and sexual vio3 lence involving cadets and other Academy 

4 personnel; 

5 ‘‘(ii) the enforcement of such policies; 

6 ‘‘(iii) the incidence of sexual harass7 ment and sexual violence involving cadets 

8 and other Academy personnel; and 

9 ‘‘(iv) any other issues relating to sex10 ual harassment and sexual violence involv11 ing cadets and other Academy personnel. 

12 ‘‘(d) REPORT.— 

13 ‘‘(1) IN GENERAL.—The Commandant shall di14 rect the Superintendent of the Coast Guard Academy 

15 to submit to the Commandant a report on sexual har16 assment and sexual violence involving cadets or other 

17 Academy personnel for each Academy program year. 

18 ‘‘(2) REPORT SPECIFICATIONS.—Each report 

19 under paragraph (1) shall include, for the Academy 

20 program year covered by the report, the following: 

21 ‘‘(A) The number of sexual assaults, rapes, 

22 and other sexual offenses involving cadets or 

23 other Academy personnel that have been reported 

24 to Coast Guard Academy officials during the 
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1 Academy program year and, of those reported 

2 cases, the number that have been substantiated. 

3 ‘‘(B) A plan for the actions that are to be 

4 taken in the following Academy program year 

5 regarding prevention of and response to sexual 

6 harassment and sexual violence involving cadets 

7 or other Academy personnel. 

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

9 paragraph (1) for an Academy year that begins in an 

10 odd-numbered calendar year shall include the results 

11 of the survey conducted in that Academy program 

12 year under subsection (c)(2). 

13 ‘‘(4) TRANSMISSION OF REPORT.—The Com14 mandant shall transmit each report received by the 

15 Commandant under this subsection, together with the 

16 Commandant’s comments on the report to— 

17 ‘‘(A) the Committee on Commerce, Science, 

18 and Transportation of the Senate; and 

19 ‘‘(B) the Committee on Transportation and 

20 Infrastructure of the House of Representatives. 

21 ‘‘(5) FOCUS GROUPS.— 

22 ‘‘(A) IN GENERAL.—In each even-numbered 

23 calendar year that the Superintendent is not re24 quired to conduct a survey at the Academy 

25 under subsection (c)(2), the Commandant shall 
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1 require focus groups to be conducted at the Acad2 emy for the purposes of ascertaining information 

3 relating to sexual assault and sexual harassment 

4 issues at the Academy. 

5 ‘‘(B) INCLUSION IN REPORTS.—Information 

6 derived from a focus group under subparagraph 

7 (A) shall be included in the Commandant’s re8 port under this subsection. 

9 ‘‘(e) VICTIM CONFIDENTIALITY.—To the extent that in10 formation collected under authority of this section is re11 ported or otherwise made available to the public, such infor12 mation shall be provided in a form that is consistent with 

13 applicable privacy protections under Federal law and does 

14 not jeopardize the confidentiality of victims.’’. 

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

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

17 by inserting after the item relating to section 199 the fol18 lowing: 

‘‘200. Policy on sexual harassment and sexual violence.’’. 

19 SEC. 306. COAST GUARD AUXILIARISTS ENROLLMENT ELIGI20 BILITY. 

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

22 to read as follows: 

23 ‘‘§ 823. Eligibility, enrollments 

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

25 United States, as defined in section 101(a)(22) of the Immi-
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1 gration and Nationality Act (8 U.S.C. 1101(a)(22)), and 

2 of aliens lawfully admitted for permanent residence, as de3 fined in section 101(a)(20) of the Immigration and Nation4 ality Act (8 U.S.C. 1101(a)(20))— 

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

6 yachts, aircraft, or radio stations; or 

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

8 experience are deemed by the Commandant to be 

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

10 enrolled therein pursuant to applicable regulations.’’. 

11 TITLE IV—ADMINISTRATION 

12 SEC. 401. ADVANCE PROCUREMENT FUNDING. 

13 With respect to any Coast Guard vessel for which 

14 amounts are appropriated or otherwise made available for 

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

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

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

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

19 the vessel; 

20 (2) advance construction of parts or components 

21 for the vessel; 

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

23 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 2013 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) CURRENT ICEBREAKER MAINTENANCE.—Until 

20 new heavy icebreakers are acquired for operation by the 

21 Coast Guard, in order to meet Coast Guard mission re22 quirements, the Commandant of the Coast Guard may 

23 not— 

24 (1) transfer, relinquish ownership of, dismantle, 

25 or recycle the POLAR SEA or POLAR STAR; 
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1 (2) remove any part of the POLAR SEA unless 

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

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

4 to the Committee on Commerce, Science, and Trans5 portation of the Senate and the Committee on Trans6 portation and Infrastructure of the House of Rep7 resentatives that it is not possible for the POLAR 

8 STAR to function properly without doing so; 

9 (3) change the existing homeport of any Coast 

10 Guard icebreaker; or 

11 (4) expend any funds— 

12 (A) for any expenses directly or indirectly 

13 associated with the decommissioning of either of 

14 the vessels, including expenses for dock use or 

15 other goods and services; 

16 (B) for any personnel expenses directly or 

17 indirectly associated with the decommissioning 

18 of either of the vessels, including expenses for a 

19 decommissioning officer; 

20 (C) for any expenses associated with a de21 commissioning ceremony for either of the vessels; 

22 (D) to appoint a decommissioning officer to 

23 be affiliated with either of the vessels; or 

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

25 status. 
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1 (b) REIMBURSEMENT.—Nothing in this section shall 

2 preclude the Secretary from seeking reimbursement for oper3 ation and maintenance costs of the polar icebreakers from 

4 other Federal agencies and entities, including foreign gov5 ernments, that benefit from the use of the polar icebreakers. 

6 SEC. 404. NATIONAL RESPONSE FUNCTIONS. 

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

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

9 (1) in subsection (a)— 

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

11 (B) redesignating paragraphs (24) through 

12 (26) as paragraphs (23) through (25), respec13 tively; 

14 (2) in subsection (j)(2), by striking ‘‘National 

15 Response Unit.’’ through ‘‘acting through the Na16 tional Response Unit’’ and inserting the following: 

17 ‘‘(2) NATIONAL RESPONSE FUNCTIONS.—The Sec18 retary of the department in which the Coast Guard 

19 is operating—’’; and 

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

21 into operating procedures of the National Response 

22 Unit’’. 

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

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

25 amended— 
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1 (1) by striking paragraph (2); and 

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

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

4 SEC. 405. NATIONAL RESPONSE CENTER NOTIFICATION RE5 QUIREMENTS. 

6 The Ohio River Valley Water Sanitation Commission, 

7 established pursuant to the Ohio River Valley Water Sani8 tation Compact authorized by House Joint Resolution 377, 

9 74th Congress, agreed to June 8, 1936 (49 Stat. 1490), and 

10 consented to and approved by Congress in the Act of July 

11 11, 1940 (54 Stat. 752), is deemed a Government agency 

12 for purposes of the notification requirements of section 103 

13 of the Comprehensive Environmental Response, Compensa14 tion, and Liability Act of 1980 (42 U.S.C. 9603). The Na15 tional Response Center shall convey notification, including 

16 complete and un-redacted incident reports, expeditiously to 

17 the Commission regarding each release in or affecting the 

18 Ohio River Basin for which notification to all appropriate 

19 Government agencies is required. 

20 SEC. 406. CONFORMING AMENDMENT. 

21 Section 210 of the Coast Guard and Maritime Trans22 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. CENTRAL BERING SEA POTENTIAL PLACE OF REF4 UGE. 

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, if any, are necessary to designate existing ice-free 

10 facilities (or infrastructure) in the Central Bering Sea as 

11 a fully functional, year-round Potential Place of Refuge for 

12 vessels with drafts up to 25 feet and lengths overall of up 

13 to 450 feet. 

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

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

16 life at sea and protect the marine environment in the Cen17 tral Bering Sea. 

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

19 determination under subsection (a), the Commandant shall 

20 inform the Committee on Commerce, Science, and Trans21 portation of the Senate and the Committee on Transpor22 tation and Infrastructure of the House of Representatives 

23 in writing of the findings under subsection (a). 
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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 

25 bond or surety satisfactory or to request the with-
32 

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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— 

18 ‘‘(A) to provide necessary support of a sea19 farer who has or may have information perti20 nent to an investigation, reporting, documenta21 tion, or adjudication of any matter that is re22 lated to the administration or enforcement of 

23 any treaty, law, or regulation by the Coast 

24 Guard; 
33 

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1 ‘‘(B) to facilitate an investigation, report2 ing, documentation, or adjudication of any mat3 ter that is related to the administration or en4 forcement of any treaty, law, or regulation by 

5 the Coast Guard; 

6 ‘‘(C) to stipulate to certain incontrovertible 

7 facts, including the ownership or operation of the 

8 vessel, or the authenticity of documents and 

9 things from the vessel; 

10 ‘‘(D) to facilitate service of correspondence 

11 and legal papers; 

12 ‘‘(E) to enter an appearance in United 

13 States district court; 

14 ‘‘(F) to comply with directions regarding 

15 payment of funds; 

16 ‘‘(G) to name an agent in the United States 

17 for service of process; 

18 ‘‘(H) to stipulate in United States district 

19 court as to the authenticity of certain documents; 

20 ‘‘(I) to provide assurances that no discrimi21 natory or retaliatory measures will be taken 

22 against a seafarer involved in an investigation, 

23 reporting, documentation, or adjudication of any 

24 matter that is related to the administration or 
34 

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1 enforcement of any treaty, law, or regulation by 

2 the Coast Guard; 

3 ‘‘(J) to provide financial security in the 

4 form of cash, bond, or other means acceptable to 

5 the Secretary; and 

6 ‘‘(K) to provide for any other appropriate 

7 measures as the Secretary considers necessary to 

8 ensure the Government is not prejudiced by 

9 granting the clearance required under section 

10 60105 of title 46. 

11 ‘‘(3) FUND.—The term ‘Fund’ means the Sup12 port of Seafarers Fund established under this section. 

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

14 support’ means normal wages, lodging, subsistence, 

15 clothing, medical care (including hospitalization), re16 patriation, and any other expense the Secretary con17 siders appropriate. 

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

19 alien crewman who is employed or engaged in any 

20 capacity on board a vessel subject to the jurisdiction 

21 of the United States. A seafarer is a claimant for the 

22 purposes of section 30509. 

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

24 an individual or entity that owns, has an ownership 
35 

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1 interest in, or operates a vessel subject to the jurisdic2 tion of the United States. 

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

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

5 jurisdiction of the United States’ has the meaning 

6 given the term in section 70502(c), except that it ex7 cludes— 

8 ‘‘(A) a vessel— 

9 ‘‘(i) that is owned by the United 

10 States, a State or political subdivision 

11 thereof, or a foreign nation; and 

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

13 and 

14 ‘‘(B) a bareboat— 

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

16 the United States, a State or political sub17 division thereof, or a foreign nation; and 

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

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

20 regulations to implement this section.’’. 

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

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

23 by inserting after the item relating to section 11112 the fol24 lowing: 

‘‘11113. Protection and fair treatment of seafarers.’’. 
36 

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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There are 

2 authorized to be appropriated to the Support of Seafarers 

3 Fund $1,500,000 for each of fiscal years 2013 and 2014. 

4 SEC. 503. DELEGATION OF AUTHORITY. 

5 Section 3316 of title 46, United States Code, is amend6 ed— 

7 (1) in subsection (b)(2)— 

8 (A) by striking ‘‘and’’ at the end of sub9 paragraph (A); 

10 (B) by striking the period at the end of sub11 paragraph (B) and inserting ‘‘; and’’; and 

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

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

14 that the foreign classification society does not 

15 provide comparable services in or for the govern16 ment of a country designated by the Secretary of 

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

18 (2) in subsection (d)(2)— 

19 (A) by striking ‘‘and’’ at the end of sub20 paragraph (A); 

21 (B) by striking the period at the end of sub22 paragraph (B) and inserting ‘‘; and’’; and 

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

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

25 that the foreign classification society does not 
37 

† HR 2838 EAS 

1 provide comparable services in or for the govern2 ment of a country designated by the Secretary of 

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

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

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

6 made to a classification society under subsection (b) or (d) 

7 if the Secretary of State determines that the classification 

8 society provides comparable services in or for the govern9 ment of a country designated by the Secretary of State as 

10 a State Sponsor of Terrorism.’’. 

11 SEC. 504. REPORT ON ESTABLISHMENT OF ARCTIC DEEP 

12 WATER PORT. 

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

14 shall conduct a study on the feasibility and potential of es15 tablishing a deep water sea port in the Arctic to protect 

16 and advance strategic United States interests within the 

17 Arctic region. 

18 (b) SCOPE.—The study under subsection (a) shall in19 clude an analysis of— 

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

21 would provide; 

22 (2) the potential and optimum locations for the 

23 port; 

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

25 (4) the time frame needed to establish the port; 
38 

† HR 2838 EAS 

1 (5) the infrastructure required to support the 

2 port; and 

3 (6) any other issues the Secretary considers nec4 essary to complete the study. 

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

6 enactment of this Act, the Commandant shall submit a re7 port on the findings of the study under subsection (a) to 

8 the Committee on Commerce, Science, and Transportation 

9 of the Senate and the Committee on Transportation and 

10 Infrastructure of the House of Representatives. 

11 SEC. 505. RISK ANALYSIS OF TRANSPORTING CANADIAN OIL 

12 SANDS. 

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

14 Guard shall assess the increased vessel traffic in the Salish 

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

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

17 Fuca), that may occur from the transport of Canadian oil 

18 sands oil. 

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

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

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

22 supertanker) traffic may increase due to Canadian oil 

23 sands development; 
39 

† HR 2838 EAS 

1 (2) whether transport of Canadian oil sands 

2 within the Salish Sea is likely to require navigation 

3 through United States territorial waters; 

4 (3) the rules and regulations that restrict super5 tanker traffic in United States waters, including an 

6 assessment of whether there are methods to bypass 

7 those rules in such waterways and adjacent Canadian 

8 waters; 

9 (4) the rules and regulations that restrict the 

10 amount of oil transported in tankers or barges in 

11 United States waters, including an assessment of 

12 whether there are methods to bypass those rules in 

13 such waterways and adjacent Canadian waters; 

14 (5) the spill response capability throughout the 

15 shared water of the United States and Canada, in16 cluding oil spill response planning requirements for 

17 vessels bound for one nation transiting through the 

18 waters of the other nation; 

19 (6) the vessel emergency response towing capa20 bility at the entrance to the Strait of Juan de Fuca; 

21 (7) the agreement between the United States and 

22 Canada that outlines requirements for laden tank ves23 sels to be escorted by tug boats; 

24 (8) whether oil extracted from oil sands has dif25 ferent properties from other types of oil, including 
40 

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1 toxicity and other properties, which may require dif2 ferent maritime clean up technologies; 

3 (9) a risk assessment of the increasing super4 tanker, tanker, and barge traffic associated with Ca5 nadian oil sands development or expected to be associ6 ated with Canadian oil sands development; and 

7 (10) the potential costs and benefits to the U.S. 

8 public and the private sector of maritime transpor9 tation of oil sands products. 

10 (c) CONSULTATION REQUIREMENT.—In conducting the 

11 analysis required under this section, the Commandant shall 

12 consult with the State of Washington and affected tribal 

13 governments. The Commandant is also strongly encouraged 

14 to consult with the Secretary of State. 

15 (d) REPORT.—Not later than 180 days after the date 

16 of enactment of this Act, the Commandant shall submit a 

17 report based on the analysis required under this section to 

18 the Committee on Commerce, Science, and Transportation 

19 of the Senate and the Committee on Transportation and 

20 Infrastructure of the House of Representatives. 

21 SEC. 506. ELIGIBILITY TO RECEIVE SURPLUS TRAINING 

22 EQUIPMENT. 

23 Section 51103(b)(2)(C) of title 46, United States Code, 

24 is amended by inserting ‘‘or a training institution that is 

25 an instrumentality of a State, Territory, or Commonwealth 
41 

† HR 2838 EAS 

1 of the United States or District of Columbia or a unit of 

2 local government thereof’’ after ‘‘a non-profit training insti3 tution’’. 

4 TITLE VI—MARITIME ADMINIS5 TRATION AUTHORIZATION 

6 SEC. 601. SHORT TITLE; AMENDMENT OF TITLE 46, UNITED 

7 STATES CODE. 

8 (a) SHORT TITLE.—This title may be cited as the 

9 ‘‘Maritime Administration Authorization Act for Fiscal 

10 Year 2013’’. 

11 (b) AMENDMENT OF TITLE 46, UNITED STATES

12 CODE.—Except as otherwise expressly provided, whenever 

13 in this title an amendment or repeal is expressed in terms 

14 of an amendment to, or a repeal of, a section or other provi15 sion, the reference shall be considered to be made to a section 

16 or other provision of title 46, United States Code. 

17 SEC. 602. MARINE TRANSPORTATION SYSTEM. 

18 (a) REPORT ON STATUS OF SYSTEM.—Section 

19 50109(d) is amended to read as follows: 

20 ‘‘(d) MARINE TRANSPORTATION SYSTEM.— 

21 ‘‘(1) REPORT ON WATERWAYS.—Not later than 

22 October 1, 2013, the Secretary, in consultation with 

23 the Secretary of Defense and the commanding officer 

24 of the Army Corps of Engineers, and with the concur25 rence of the Secretary of the department in which the 
42 

† HR 2838 EAS 

1 Coast Guard is operating, shall submit a report to the 

2 Committee on Commerce, Science, and Transpor3 tation of the Senate and the Committee on Armed 

4 Services and the Committee on Transportation and 

5 Infrastructure of the House of Representatives on the 

6 status of the Nation’s coastal and inland waterways 

7 that— 

8 ‘‘(A) describes the state of the United States’ 

9 marine transportation infrastructure, including 

10 intercoastal infrastructure, intracoastal infra11 structure, inland waterway infrastructure, ports, 

12 and marine facilities; 

13 ‘‘(B) provides estimates of the investment 

14 levels required— 

15 ‘‘(i) to maintain the infrastructure; 

16 and 

17 ‘‘(ii) to improve the infrastructure; 

18 and 

19 ‘‘(C) describes the overall environmental 

20 management of the maritime transportation sys21 tem and the integration of environmental stew22 ardship into the overall system. 

23 ‘‘(2) MARINE TRANSPORTATION.—The Secretary 

24 may investigate, make determinations concerning, 

25 and develop a repository of statistical information re-
43 

† HR 2838 EAS 

1 lating to marine transportation, including its rela2 tionship to transportation by land and air, to facili3 tate research, assessment, and maintenance of the 

4 maritime transportation system. As used in this 

5 paragraph, the term ‘marine transportation’ includes 

6 intercoastal transportation, intracoastal transpor7 tation, inland waterway transportation, ports, and 

8 marine facilities. 

9 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

10 There are authorized to be appropriated to the Sec11 retary such sums as may be necessary to carry out 

12 this subsection.’’. 

13 (b) CONTAINER-ON-BARGE TRANSPORTATION.— 

14 (1) ASSESSMENT AND REPORT.—Not later than 

15 6 months after the date of enactment of this Act, the 

16 Maritime Administration shall assess the potential for 

17 using container-on-barge transportation on the inland 

18 waterways system and submit a report, together with 

19 the Administration’s findings, conclusions, and rec20 ommendations, to the Committee on Commerce, 

21 Science, and Transportation of the Senate and the 

22 Committee on Armed Services and the Committee on 

23 Transportation and Infrastructure of the House of 

24 Representatives. If the Administration determines 

25 that it would be in the public interest, the report may 
44 

† HR 2838 EAS 

1 include recommendations for a plan to increase 

2 awareness of the potential for use of such container3 on-barge transportation and recommendations for the 

4 development and implementation of such a plan. 

5 (2) FACTORS.—In conducting the assessment, the 

6 Administration shall consider— 

7 (A) the environmental benefits of increasing 

8 container-on-barge movements on our inland and 

9 intracoastal waterways system; 

10 (B) the regional differences in the inland 

11 waterways system; 

12 (C) the existing programs established at 

13 coastal and Great Lakes ports for establishing 

14 awareness of deep sea shipping operations; 

15 (D) the mechanisms to ensure that imple16 mentation of the plan will not be inconsistent 

17 with antitrust laws; and 

18 (E) the potential frequency of service at in19 land river ports. 

20 SEC. 603. SHORT SEA TRANSPORTATION PROGRAM AMEND21 MENTS. 

22 (a) PROGRAM PURPOSE.—Section 55601(a) is amend23 ed by inserting ‘‘and to promote more efficient use of the 

24 navigable waters of the United States’’ after ‘‘congestion’’. 
45 

† HR 2838 EAS 

1 (b) DESIGNATION OF ROUTES.—Section 55601(c) is 

2 amended by inserting ‘‘and to promote more efficient use 

3 of the navigable waters of the United States’’ after ‘‘coastal 

4 corridors’’. 

5 (c) PROJECT DESIGNATION.—Section 55601(d) is 

6 amended to read as follows: 

7 ‘‘(d) PROJECT DESIGNATION.—The Secretary may 

8 designate a project as a short sea transportation project if 

9 the Secretary determines that the project— 

10 ‘‘(1) mitigates landside congestion; or 

11 ‘‘(2) promotes more efficient use of the navigable 

12 waters of the United States.’’. 

13 (d) DOCUMENTATION.—Section 55605 is amended by 

14 striking ‘‘by vessel’’ and inserting ‘‘by a documented vessel’’. 

15 SEC. 604. MARITIME ENVIRONMENTAL AND TECHNICAL AS16 SISTANCE PROGRAM. 

17 (a) IN GENERAL.—Chapter 503 is amended by adding 

18 at the end the following: 

19 ‘‘§ 50307. Maritime environmental and technical as20 sistance program 

21 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

22 may establish a maritime environmental and technical as23 sistance program to engage in the environmental study, re24 search, development, assessment, and deployment of emerg25 ing marine technologies and practices related to the marine 
46 

† HR 2838 EAS 

1 transportation system through the use of public vessels 

2 under the control of the Maritime Administration or pri3 vate vessels under Untied States registry, and through part4 nerships and cooperative efforts with academic, public, pri5 vate, and non-governmental entities and facilities. 

6 ‘‘(b) PROGRAM REQUIREMENTS.—The program 

7 shall— 

8 ‘‘(1) identify, study, evaluate, test, demonstrate, 

9 or improve emerging marine technologies and prac10 tices that are likely to achieve environmental im11 provements by— 

12 ‘‘(A) reducing air emissions, water emis13 sions, or other ship discharges; 

14 ‘‘(B) increasing fuel economy or the use of 

15 alternative fuels and alternative energy (includ16 ing the use of shore power); or 

17 ‘‘(C) controlling aquatic invasive species; 

18 and 

19 ‘‘(2) be coordinated with the Environmental Pro20 tection Agency, the United States Coast Guard, and 

21 other Federal, State, local, or tribal agencies, as ap22 propriate. 

23 ‘‘(c) PROGRAM COORDINATION.—Program coordina24 tion under subsection (b)(2) may include— 
47 

† HR 2838 EAS 

1 ‘‘(1) activities that are associated with the devel2 opment or approval of validation and testing regimes; 

3 and 

4 ‘‘(2) certification or validation of emerging tech5 nologies or practices that demonstrate significant en6 vironmental benefits. 

7 ‘‘(d) FUNDING AND FEES.— 

8 ‘‘(1) IN GENERAL.—In carrying out the mari9 time environmental and technical assistance program, 

10 the Secretary of Transportation may apply such 

11 funds as may be appropriated and such funds or re12 sources as may become available by gift, cooperative 

13 agreement, or otherwise, including the collection of 

14 fees, for the purposes of the program and its adminis15 tration. 

16 ‘‘(2) ESTABLISHMENT OF FEES.—Pursuant to 

17 section 9701 of title 31, the Secretary of Transpor18 tation may promulgate regulations establishing fees to 

19 recover reasonable costs to the Secretary and to aca20 demic, public, and non-governmental entities associ21 ated with the program. 

22 ‘‘(3) FEE DEPOSIT.—Any fees collected under 

23 this section shall be deposited in a special fund of the 

24 United States Treasury for services rendered under 

25 the program, which thereafter shall remain available 
48 

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1 until expended to carry out the Secretary of Trans2 portation’s activities for which the fees were collected. 

3 ‘‘(e) REPORT.—The Secretary of Transportation shall 

4 report on the activities, expenditures, and results of the 

5 maritime environmental and technical assistance program 

6 during the preceding fiscal year in the annual budget sub7 mission to Congress.’’. 

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

9 for chapter 503 is amended by inserting after the item relat10 ing to section 50306 the following: 

‘‘50307. Maritime environmental and technical assistance program.’’. 

11 SEC. 605. WAIVER OF NAVIGATION AND VESSEL-INSPEC12 TION LAWS. 

13 Section 501(b) is amended by adding ‘‘A waiver shall 

14 be accompanied by a certification by the individual and 

15 the Administrator to the Committee on Commerce, Science, 

16 and Transportation and the Committee on Armed Services 

17 of the Senate, and the Committee on Transportation and 

18 Infrastructure and the Committee on Armed Services of the 

19 House of Representatives that it is not possible to use a 

20 United States flag vessel or United States flag vessels collec21 tively to meet the national defense requirements.’’ after 

22 ‘‘prescribes.’’. 

23 SEC. 606. EXTENSION OF MARITIME SECURITY FLEET PRO24 GRAM. 

25 (a) Section 53101 is amended— 
49 

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1 (1) by amending paragraph (4) to read as fol2 lows: 

3 ‘‘(4) FOREIGN COMMERCE.—The term ‘foreign 

4 commerce’ means— 

5 ‘‘(A) commerce or trade between the United 

6 States, its territories or possessions, or the Dis7 trict of Columbia, and a foreign country; and 

8 ‘‘(B) commerce or trade between foreign 

9 countries.’’; 

10 (2) by striking paragraph (5); 

11 (3) by redesignating paragraphs (6) through (13) 

12 as paragraphs (5) through (12), respectively; and 

13 (4) by amending paragraph (5), as redesignated, 

14 to read as follows: 

15 ‘‘(5) PARTICIPATING FLEET VESSEL.—The term 

16 ‘participating fleet vessel’ means any vessel that— 

17 ‘‘(A) on October 1, 2015— 

18 ‘‘(i) meets the requirements of para19 graph (1), (2), (3), or (4) of section 

20 53102(c); and 

21 ‘‘(ii) is less than 20 years of age if the 

22 vessel is a tank vessel, or is less than 25 

23 years of age for all other vessel types; and 

24 ‘‘(B) on December 31, 2014, is covered by 

25 an operating agreement under this chapter.’’. 
50 

† HR 2838 EAS 

1 (b) Section 53102(b) is amended to read as follows: 

2 ‘‘(b) VESSEL ELIGIBILITY.—A vessel is eligible to be 

3 included in the Fleet if— 

4 ‘‘(1) the vessel meets the requirements of para5 graph (1), (2), (3), or (4) of subsection (c); 

6 ‘‘(2) the vessel is operated (or in the case of a 

7 vessel to be constructed, will be operated) in providing 

8 transportation in foreign commerce; 

9 ‘‘(3) the vessel is self-propelled and— 

10 ‘‘(A) is a tank vessel that is 10 years of age 

11 or less on the date the vessel is included in the 

12 Fleet; or 

13 ‘‘(B) is any other type of vessel that is 15 

14 years of age or less on the date the vessel is in15 cluded in the Fleet; 

16 ‘‘(4) the vessel— 

17 ‘‘(A) is suitable for use by the United States 

18 for national defense or military purposes in time 

19 of war or national emergency, as determined by 

20 the Secretary of Defense; and 

21 ‘‘(B) is commercially viable, as determined 

22 by the Secretary; and 

23 ‘‘(5) the vessel— 

24 ‘‘(A) is a United States-documented vessel; 

25 or 
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1 ‘‘(B) is not a United States-documented ves2 sel, but— 

3 ‘‘(i) the owner of the vessel has dem4 onstrated an intent to have the vessel docu5 mented under chapter 121 of this title if it 

6 is included in the Fleet; and 

7 ‘‘(ii) at the time an operating agree8 ment for the vessel is entered into under this 

9 chapter, the vessel is eligible for documenta10 tion under chapter 121 of this title.’’. 

11 (c) Section 53103 is amended— 

12 (1) by amending subsection (b) to read as fol13 lows: 

14 ‘‘(b) EXTENSION OF EXISTING OPERATING AGREE15 MENTS.— 

16 ‘‘(1) OFFER TO EXTEND.—Not later than 60 

17 days after the date of enactment of the Maritime Ad18 ministration Authorization Act for Fiscal Year 2013, 

19 the Secretary shall offer, to an existing contractor, to 

20 extend, through September 30, 2025, an operating 

21 agreement that is in existence on the date of enact22 ment of that Act. The terms and conditions of the ex23 tended operating agreement shall include terms and 

24 conditions authorized under this chapter, as amended 

25 from time to time. 
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1 ‘‘(2) TIME LIMIT.—An existing contractor shall 

2 have not later than 120 days after the date the Sec3 retary offers to extend an operating agreement to 

4 agree to the extended operating agreement. 

5 ‘‘(3) SUBSEQUENT AWARD.—The Secretary may 

6 award an operating agreement to an applicant that 

7 is eligible to enter into an operating agreement for 

8 fiscal years 2016 through 2025 if the existing con9 tractor does not agree to the extended operating agree10 ment under paragraph (2).’’; and 

11 (2) by amending subsection (c) to read as fol12 lows: 

13 ‘‘(c) PROCEDURE FOR AWARDING NEW OPERATING

14 AGREEMENTS.—The Secretary may enter into a new oper15 ating agreement with an applicant that meets the require16 ments of section 53102(c) (for vessels that meet the quali17 fications of section 53102(b)) on the basis of priority for 

18 vessel type established by military requirements of the Sec19 retary of Defense. The Secretary shall allow an applicant 

20 at least 30 days to submit an application for a new oper21 ating agreement. After consideration of military require22 ments, priority shall be given to an applicant that is a U.S. 

23 citizen under section 50501 of this title. The Secretary may 

24 not approve an application without the consent of the Sec25 retary of Defense. The Secretary shall enter into an oper-
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1 ating agreement with the applicant or provide a written 

2 reason for denying the application.’’. 

3 (d) Section 53104 is amended— 

4 (1) in subsection (c), by striking paragraph (3); 

5 and 

6 (2) in subsection (e), by striking ‘‘an operating 

7 agreement under this chapter is terminated under 

8 subsection (c)(3), or if’’. 

9 (e) Section 53105 is amended— 

10 (1) by amending subsection (e) to read as fol11 lows: 

12 ‘‘(e) TRANSFER OF OPERATING AGREEMENTS.—A con13 tractor under an operating agreement may transfer the 

14 agreement (including all rights and obligations under the 

15 operating agreement) to any person that is eligible to enter 

16 into the operating agreement under this chapter if the Sec17 retary and the Secretary of Defense determine that the 

18 transfer is in the best interests of the United States. A 

19 transaction shall not be considered a transfer of an oper20 ating agreement if the same legal entity with the same ves21 sels remains the contracting party under the operating 

22 agreement.’’; and 

23 (2) by amending subsection (f) to read as follows: 

24 ‘‘(f) REPLACEMENT VESSELS.—A contractor may re25 place a vessel under an operating agreement with another 
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1 vessel that is eligible to be included in the Fleet under sec2 tion 53102(b), if the Secretary, in conjunction with the Sec3 retary of Defense, approves the replacement of the vessel.’’. 

4 (f) Section 53106 is amended— 

5 (1) in subsection (a)(1), by striking ‘‘and (C) 

6 $3,100,000 for each of fiscal years 2012 through 

7 2025.’’ and inserting the following: 

8 ‘‘(C) $3,100,000 for each of fiscal years 

9 2012, 2013, 2014, 2015, 2016, 2017, and 2018; 

10 ‘‘(D) $3,500,000 for each of fiscal years 

11 2019, 2020, and 2021; and 

12 ‘‘(E) $3,700,000 for each of fiscal years 

13 2022, 2023, 2024, and 2025.’’; 

14 (2) in subsection (c)(3)(C), by striking ‘‘a LASH 

15 vessel.’’ and inserting ‘‘a lighter aboard ship vessel.’’; 

16 and 

17 (3) by striking subsection (f). 

18 (g) Section 53107(b)(1) is amended to read as follows: 

19 ‘‘(1) IN GENERAL.—An Emergency Preparedness 

20 Agreement under this section shall require that a con21 tractor for a vessel covered by an operating agreement 

22 under this chapter shall make commercial transpor23 tation resources (including services) available, upon 

24 request by the Secretary of Defense during a time of 

25 war or national emergency, or whenever the Secretary 
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1 of Defense determines that it is necessary for national 

2 security or contingency operation (as that term is de3 fined in section 101 of title 10, United States Code).’’. 

4 (h) Section 53109 is repealed. 

5 (i) Section 53111 is amended— 

6 (1) by striking ‘‘and’’ at the end of paragraph 

7 (2); and 

8 (2) by striking paragraph (3) and inserting the 

9 following: 

10 ‘‘(3) $186,000,000 for each of fiscal years 2012, 

11 2013, 2014, 2015, 2016, 2017, and 2018; 

12 ‘‘(4) $210,000,000 for each of fiscal years 2019, 

13 2020, and 2021; and 

14 ‘‘(5) $222,000,000 for each fiscal year thereafter 

15 through fiscal year 2025.’’. 

16 (j) AUTHORIZATION OF APPROPRIATIONS; MAINTE17 NANCE AND REPAIR REIMBURSEMENT PILOT PROGRAM.— 

18 Section 3517(i) of the Maritime Security Act of 2003 (46 

19 U.S.C. 53101 note) is amended by striking ‘‘2011’’ and in20 serting ‘‘2025’’. 

21 (k) EFFECTIVE DATE OF AMENDMENTS.—The amend22 ments made by— 

23 (1) paragraphs (2), (3), and (4) of section 606(a) 

24 of this Act take effect on December 31, 2014; and 
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1 (2) section 606(f)(2) of this Act take effect on De2 cember 31, 2014. 

3 SEC. 607. MARITIME WORKFORCE STUDY. 

4 (a) TRAINING STUDY.—The Comptroller General of the 

5 United States shall conduct a study on the training needs 

6 of the maritime workforce. 

7 (b) STUDY COMPONENTS.—The study shall— 

8 (1) analyze the impact of training requirements 

9 imposed by domestic and international regulations 

10 and conventions, companies, and government agencies 

11 that charter or operate vessels; 

12 (2) evaluate the ability of the Nation’s maritime 

13 training infrastructure to meet the current needs of 

14 the maritime industry; 

15 (3) evaluate the ability of the Nation’s maritime 

16 training infrastructure to effectively meet the needs of 

17 the maritime industry in the future; 

18 (4) identify trends in maritime training; 

19 (5) compare the training needs of U.S. mariners 

20 with the vocational training and educational assist21 ance programs available from Federal agencies to 

22 evaluate the ability of Federal programs to meet the 

23 training needs of U.S. mariners; 
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1 (6) include recommendations for future programs 

2 to enhance the capabilities of the Nation’s maritime 

3 training infrastructure; and 

4 (7) include recommendations for future programs 

5 to assist U.S. mariners and those entering the mari6 time profession achieve the required training. 

7 (c) FINAL REPORT.—Not later than 1 year after the 

8 date of enactment of this Act, the Comptroller General shall 

9 submit a report on the results of the study to the Committee 

10 on Commerce, Science, and Transportation of the Senate 

11 and the Committee on Transportation and Infrastructure 

12 of the House of Representatives. 

13 SEC. 608. MARITIME ADMINISTRATION VESSEL RECYCLING 

14 CONTRACT AWARD PRACTICES. 

15 (a) IN GENERAL.—Not later than 12 months after the 

16 date of enactment of this Act, the Inspector General of the 

17 Department of Transportation shall conduct an assessment 

18 of the source selection procedures and practices used to 

19 award the Maritime Administration’s National Defense Re20 serve Fleet vessel recycling contracts. The Inspector General 

21 shall assess the process, procedures, and practices used for 

22 the Maritime Administration’s qualification of vessel recy23 cling facilities. The Inspector General shall report the find24 ings to the Committee on Commerce, Science, and Trans25 portation and the Committee on Armed Services of the Sen-
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1 ate, and the Committee on Transportation and Infrastruc2 ture and the Committee on Armed Services of the House 

3 of Representatives. 

4 (b) ASSESSMENT.—The assessment under subsection 

5 (a) shall include a review of whether the Maritime Adminis6 tration’s contract source selection procedures and practices 

7 are consistent with law, the Federal Acquisition Regula8 tions (FAR), and Federal best practices associated with 

9 making source selection decisions. 

10 (c) CONSIDERATIONS.—In making the assessment 

11 under subsection (a), the Inspector General may consider 

12 any other aspect of the Maritime Administration’s vessel 

13 recycling process that the Inspector General deems appro14 priate to review. 

15 SEC. 609. REQUIREMENT FOR BARGE DESIGN. 

16 Not later than 9 months after the date of enactment 

17 of this Act, the Administrator of the Maritime Administra18 tion shall complete the design for a containerized articu19 lated barge identified in the Dual Use Vessel Study carried 

20 out by the Administrator and the Secretary of Defense that 

21 is able to utilize roll-on, roll-off or load-on, load-off tech22 nology for use in marine highway maritime commerce. 
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1 TITLE VII—MISCELLANEOUS 

2 SEC. 701. LIMITATION ON AVAILABILITY OF FUNDS FOR 

3 PROCUREMENT OF ALTERNATIVE FUEL. 

4 None of the funds authorized to be appropriated by this 

5 Act or otherwise made available during fiscal year 2013 

6 or 2014 for the Coast Guard may be obligated or expended 

7 for the production or purchase of any alternative fuel if 

8 the cost of producing or purchasing the alternative fuel ex9 ceeds the cost of producing or purchasing a traditional fossil 

10 fuel that would be used for the same purpose as the alter11 native fuel. 

12 SEC. 702. PASSENGER VESSEL SECURITY AND SAFETY RE13 QUIREMENTS. 

14 (a) VESSEL DESIGN, EQUIPMENT, CONSTRUCTION, 

15 AND RETROFITTING REQUIREMENTS.—Section 3507(a) of 

16 title 46, United States Code, is amended— 

17 (1) in paragraph (1)— 

18 (A) in the matter preceding subparagraph 

19 (A), by striking ‘‘to which this subsection ap20 plies’’ and inserting ‘‘to which this section ap21 plies’’; 

22 (B) in subparagraph (A)— 

23 (i) by striking ‘‘The vessel’’ and insert24 ing ‘‘Each exterior deck of a vessel’’; and 
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1 (ii) by striking the period at the end 

2 and inserting ‘‘unless the height require3 ment would interfere with the deployment of 

4 a lifesaving device or other emergency 

5 equipment as identified by the Com6 mandant.’’; and 

7 (C) in subparagraph (B), by striking ‘‘entry 

8 doors that include peep holes or other means of 

9 visual identification.’’ and inserting ‘‘an entry 

10 door that includes a peep hole or other means of 

11 visual identification that provides an unob12 structed view of the area outside the stateroom or 

13 crew cabin. For purposes of this subparagraph, 

14 the addition of an optional privacy cover on the 

15 interior side of the entry shall not in and of 

16 itself constitute an obstruction.’’; and 

17 (2) in paragraph (3)— 

18 (A) by striking ‘‘subparagraph (B)’’ in sub19 paragraph (A) and inserting ‘‘subparagraphs 

20 (B) and (C)’’; and 

21 (B) by adding at the end the following: 

22 ‘‘(C) SHIP RAIL, ENTRY DOOR, AND TECH23 NOLOGY REQUIREMENTS.—The requirements of 

24 subparagraphs (A) and (B) of paragraph (1) 
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1 take effect on the date of enactment of the Coast 

2 Guard Authorization Act of 2012.’’. 

3 (b) VIDEO RECORDING.—Section 3507(b)(1) of title 46, 

4 United States Code, is amended to read as follows: 

5 ‘‘(1) REQUIREMENT TO MAINTAIN SURVEIL6 LANCE.— 

7 ‘‘(A) IN GENERAL.—The owner of a vessel to 

8 which this section applies shall maintain a video 

9 surveillance system to assist in documenting 

10 crimes on the vessel and in providing evidence 

11 for the prosecution of such crimes, as determined 

12 by the Secretary. 

13 ‘‘(B) ASSESSMENT.—Not later than 120 

14 days after the date of enactment of the Coast 

15 Guard Authorization Act of 2012, the owner of 

16 a vessel to which this section applies shall per17 form and submit to the Commandant a criminal 

18 and passenger safety risk assessment to deter19 mine the appropriate placement of video surveil20 lance equipment on the vessel. The assessment 

21 shall require consideration of camera placement 

22 in areas where video surveillance may assist in 

23 documenting crimes on the vessel and in pro24 viding evidence of such crimes. The assessment 

25 shall make recommendations as to the appro-
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1 priate placement of video surveillance equipment 

2 throughout the vessel, including passenger and 

3 crew common areas where there is no expectation 

4 of privacy, as to the frequency or infrequency of 

5 crimes in areas of the vessel, and as to the use 

6 of cameras in areas of perceived higher risk. The 

7 Commandant shall have authority to review, 

8 modify, and require modifications to the assess9 ment to provide for additional video coverage of 

10 a vessel. 

11 ‘‘(C) INTERIM RETENTION REQUIRE12 MENTS.—The owner of a vessel to which this sec13 tion applies shall retain all video images for a 

14 voyage for not less than 10 days after the date 

15 that the images are recorded. If an incident de16 scribed in subsection (g)(3)(A)(i) is alleged and 

17 reported to law enforcement, all video images for 

18 a voyage that the Federal Bureau of Investiga19 tion determines relevant shall— 

20 ‘‘(i) be provided to the Federal Bureau 

21 of Investigation; and 

22 ‘‘(ii) be preserved by the vessel owner 

23 for not less than 3 years from the date of 

24 the Federal Bureau of Investigation’s deter25 mination. 
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1 ‘‘(D) RETENTION REQUIREMENTS.—Not 

2 later than 3 years after the date of enactment of 

3 the Coast Guard Authorization Act of 2012, the 

4 Commandant, in consultation with the Federal 

5 Bureau of Investigation, shall promulgate stand6 ards for the retention of video surveillance 

7 records. The Commandant shall consider factors 

8 that would aid in the investigation of serious 

9 crimes, including crimes that go unreported 

10 until after the completion of a voyage. The Com11 mandant shall consider the different types of 

12 video surveillance systems and storage require13 ments in creating standards both for vessels cur14 rently in operation and for vessels newly built.’’. 

15 (c) SEXUAL ASSAULT.—Section 3507(d)(1) of title 46, 

16 United States Code, is amended by inserting ‘‘(taking into 

17 consideration the length of the voyage and the number of 

18 passengers and crewmembers that the vessel can accommo19 date)’’ after ‘‘a sexual assault’’. 

20 (d) CREW ACCESS TO PASSENGER STATEROOMS.— 

21 Section 3507(f)(2) of title 46, United States Code, is amend22 ed by striking ‘‘are fully and properly implemented and 

23 periodically reviewed.’’ and inserting ‘‘are fully and prop24 erly implemented, reviewed annually, and updated as nec25 essary.’’. 
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1 (e) LOG BOOK AND REPORTING REQUIREMENTS.— 

2 Section 3507(g) of title 46, United States Code, is amend3 ed— 

4 (1) by amending paragraph (1) to read as fol5 lows: 

6 ‘‘(1) IN GENERAL.—The owner of a vessel to 

7 which this section applies shall— 

8 ‘‘(A) record in a log book, either electroni9 cally or otherwise, a report on— 

10 ‘‘(i) all complaints of crimes described 

11 in paragraph (3)(A)(i); 

12 ‘‘(ii) all complaints of theft of property 

13 valued in excess of $1,000; and 

14 ‘‘(iii) all complaints of other crimes 

15 committed on any voyage that embarks or 

16 disembarks passengers in the United States; 

17 and 

18 ‘‘(B) make the log book and all entries 

19 therein available, whether the log book and en20 tries are maintained onboard the vessel or at a 

21 centralized location off the vessel, upon request 

22 to— 

23 ‘‘(i) any agent of the Federal Bureau 

24 of Investigation performing official duties 

25 in the course and scope of an investigation; 
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1 ‘‘(ii) any member of the United States 

2 Coast Guard performing official duties in 

3 the course and scope of an investigation; 

4 and 

5 ‘‘(iii) any law enforcement officer per6 forming official duties in the course and 

7 scope of an investigation.’’; 

8 (2) in paragraph (3)(A)— 

9 (A) in clause (i), by striking ‘‘as soon as 

10 possible after the occurrence on board the vessel 

11 of an incident’’ and inserting ‘‘not later than 24 

12 hours after the vessel is notified of an incident 

13 on board the vessel’’; and 

14 (B) in clause (ii), by striking ‘‘the incident’’ 

15 and inserting ‘‘each incident under clause (i), 

16 including the details under paragraph (2),’’; and 

17 (3) in paragraph (4)— 

18 (A) by amending subparagraph (A) to read 

19 as follows: 

20 ‘‘(A) WEBSITE.— 

21 ‘‘(i) IN GENERAL.—The Secretary shall 

22 maintain a statistical compilation of all in23 cidents described in paragraph (3)(A)(i) on 

24 an Internet site that provides a numerical 

25 accounting of the missing persons and al-
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1 leged crimes recorded in each report filed 

2 under paragraph (3)(A)(i). Each such inci3 dent shall be included in the statistical com4 pilation regardless of whether the incident 

5 is under investigation by the Federal Bu6 reau of Investigation or not, unless the Bu7 reau determines through the investigative 

8 process the report to be unfounded. If deter9 mined to be unfounded, the incident shall 

10 not be included in the statistical compila11 tion or shall be removed when the deter12 mination is made. The data shall be up13 dated no less frequently than quarterly, ag14 gregated by cruise line, each cruise line 

15 shall be identified by name and each crime 

16 and alleged crime shall be identified as to 

17 whether it was committed or allegedly com18 mitted by a passenger or crew member and 

19 against a passenger or crew member. The 

20 Secretary shall also include on the Internet 

21 site a rate of crime, comparable to that pro22 vided under the Uniform Crime Reporting 

23 Program, as determined by the Federal Bu24 reau of Investigation. The rate shall take 

25 into account the total number of passengers 
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1 and crew members carried by each report2 ing cruise line on voyages that embark or 

3 disembark in the United States during the 

4 reporting period, and shall be adjusted by 

5 the Bureau to reflect the average length of 

6 time such persons were on board, as docu7 mented to the Secretary by each reporting 

8 cruise line. 

9 ‘‘(ii) DEFINITION OF UNFOUNDED.— 

10 For purposes of this subparagraph, the term 

11 ‘unfounded’ means an allegation that is de12 termined through the course of an investiga13 tion to be false or baseless.’’; 

14 (B) by redesignating subparagraph (B) as 

15 subparagraph (C); 

16 (C) by inserting after subparagraph (A) the 

17 following: 

18 ‘‘(B) REPORTS OF INCIDENTS.—The Federal 

19 Bureau of Investigation shall furnish quarterly 

20 to the Secretary, the Committee on Commerce, 

21 Science, and Transportation and the Committee 

22 on Judiciary of the Senate, and the Committee 

23 on Transportation and Infrastructure and the 

24 Committee on Judiciary of the House of Rep25 resentatives a numerical accounting of each inci-
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1 dent reported to a Federal Bureau of Investiga2 tion Field Office under paragraph (3)(A)(i) that 

3 quarter.’’; and 

4 (D) in subparagraph (C), as redesignated— 

5 (i) by striking ‘‘taking on or dis6 charging’’ and inserting ‘‘that takes on or 

7 discharges’’; and 

8 (ii) by striking ‘‘a link’’ and inserting 

9 ‘‘, on any Internet site that the cruise line 

10 maintains to purchase or book cruises on 

11 any vessel that the cruise line owns or oper12 ates, and to which this section applies, a 

13 prominently accessible link’’. 

14 (f) PROCEDURES.—Section 3507(i) of title 46, United 

15 States Code, is amended by striking ‘‘Within 6 months after 

16 the date of enactment of the Cruise Vessel Security and 

17 Safety Act of 2010, the’’ and inserting ‘‘The’’. 

18 (g) REGULATIONS.—Section 3507(j) of title 46, United 

19 States Code, is amended by striking ‘‘shall each’’ and in20 serting ‘‘are authorized each to’’. 

21 (h) DEFINITIONS.—Section 3507(l) of title 46, United 

22 States Code, is amended— 

23 (1) by redesignating paragraph (2) as para24 graph (3); 
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1 (2) by inserting before paragraph (3), as redesig2 nated, the following: 

3 ‘‘(2) EXTERIOR DECK.—The term ‘exterior deck’ 

4 means any exterior weather deck on which a pas5 senger may be present, including passenger stateroom 

6 balconies, exterior promenades on passenger decks, 

7 muster stations, and similar exterior weather deck 

8 areas.’’; and 

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

10 ‘‘(4) TIME-SENSITIVE KEY TECHNOLOGY.—The 

11 term ‘time-sensitive key technology’ means an elec12 tronic lock or key, or both that may be programmed 

13 to prohibit a person that lacks permission to enter a 

14 guest stateroom or crew cabin.’’. 

15 SEC. 703. OIL SPILL LIABILITY TRUST FUND INVESTMENT 

16 AMOUNT. 

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

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

19 amount invested in income producing securities under sec20 tion 5006(b) of the Oil Pollution Act of 1990 (33 U.S.C. 

21 2736(b)) by $12,851,340. 

22 SEC. 704. VESSEL DETERMINATIONS. 

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

24 with United States official number 981472 and the vessel 

25 with United States official number 988333 shall each be 
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1 deemed to be a new vessel effective on the date of delivery 

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

3 States shipyard if no encumbrances are on record with the 

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

5 the new vessel certificate of documentation for each vessel. 

6 (b) SAFETY INSPECTION.—Each vessel under sub7 section (a) shall be subject to the vessel safety and inspection 

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

9 on the day before the date of enactment of this Act), applica10 ble to any such vessel. 

11 SEC. 705. ALTERATION OF BRIDGE OBSTRUCTING NAVIGA12 TION. 

13 (a) REQUIREMENT TO COMMENCE ADMINISTRATIVE

14 REVIEW.—Not later than 15 days after the date of enact15 ment of this Act, the Secretary of the department in which 

16 the Coast Guard is operating shall certify to the Committee 

17 on Commerce, Science, and Transportation of the Senate 

18 and the Committee on Transportation and Infrastructure 

19 of the House of Representatives that the Coast Guard has 

20 commenced the required interagency administrative review 

21 of the pending proposal to alter the bridge that is unreason22 ably obstructing navigation and that spans the Kill Van 

23 Kull, connecting Bayonne, New Jersey, and Staten Island, 

24 New York. 

25 (b) EXPEDITED PROCESS.—The Commandant— 
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1 (1) shall expedite the interagency administrative 

2 review under subsection (a); and 

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

4 Guard by the bridge owner for the purpose of para5 graph (1). 

6 (c) DEADLINE FOR COMPLETION.—Not later than No7 vember 30, 2012, the Coast Guard shall complete the inter8 agency administrative review under subsection (a). 

9 SEC. 706. NOTICE OF ARRIVAL. 

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

11 Security and Accountability For Every Port Act of 2006 

12 (33 U.S.C. 1223 note) dealing with notice of arrival re13 quirements for foreign vessels on the Outer Continental 

14 Shelf shall not apply to a vessel documented under section 

15 12105 of title 46, United States Code, unless the vessel ar16 rives from a foreign port or place. 

17 SEC. 707. WAIVERS. 

18 (a) F/V TEXAS STAR CASINO.—Notwithstanding 

19 subchapter II of chapter 121 and chapter 551 of title 46, 

20 United States Code, the Secretary of the department in 

21 which the Coast Guard is operating may issue a fishery 

22 endorsement and a license under chapter 121 for the fishing 

23 vessel TEXAS STAR CASINO (IMO number 7722047). 

24 (b) RANGER III.—Section 3703a of title 46, United 

25 States Code, does not apply to the passenger vessel RANG-
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1 ER III (United States official number 277361), so long as 

2 it is owned and operated by the National Park Service. 

3 SEC. 708. BUDGETARY EFFECTS. 

4 The budgetary effects of this Act, for the purpose of 

5 complying with the Statutory Pay-As-You-Go Act of 2010 

6 (2 U.S.C. 931 et seq.), shall be determined by reference to 

7 the latest statement titled ‘‘Budgetary Effects of PAYGO 

8 Legislation’’ for this Act, submitted for printing in the Con9 gressional Record by the Chairman of the Senate Budget 

10 Committee, provided that such statement has been sub11 mitted prior to the vote on passage. 

12 SEC. 709. TECHNICAL AMENDMENTS. 

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

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

15 sentence by striking ‘‘in the grade of vice admiral’’ and in16 serting ‘‘in or above the grade of vice admiral’’. 

17 (b) FAILURE OF SELECTION AND REMOVAL FROM AC18 TIVE STATUS.—Section 740(d) of title 14, United States 

19 Code, is amended by striking ‘‘that appointment’’ and in20 serting ‘‘that Reserve appointment’’. 

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

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

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

24 and inserting the following: 

‘‘669. Telephone installation and charges.’’; and 
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1 (2) by striking the item relating to section 674 

2 and inserting the following: 

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

3 (d) WAIVER.—Section 7(c) of the America’s Cup Act 

4 of 2011 (125 Stat. 755) is amended by inserting ‘‘located 

5 in Ketchikan, Alaska’’ after ‘‘moorage’’. 

Amend the title so as to read: ‘‘An Act to authorize 

appropriations for the Coast Guard for fiscal years 2013 

through 2014, and for other purposes.’’. 

Attest: 

Secretary. 
112TH CONGRESS 

2D SESSION H.R. 2838 

AMENDMENTS