IB 

Union Calendar No. 150 

112TH CONGRESS 

1ST SESSION H. R. 2838 

[Report No. 112–229] 

To authorize appropriations for the Coast Guard for fiscal years 2012 through 

2015, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 2, 2011 

Mr. LOBIONDO (for himself and Mr. MICA) introduced the following bill; 

which was referred to the Committee on Transportation and Infrastructure 

OCTOBER 3, 2011 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

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

[For text of introduced bill, see copy of bill as introduced on September 2, 2011] 

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A BILL 

To authorize appropriations for the Coast Guard for fiscal 

years 2012 through 2015, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

5 ‘‘Coast Guard and Maritime Transportation Act of 2011’’. 

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

7 this Act is as follows: 

Sec. 1. Short title. 

TITLE I—AUTHORIZATION 

Sec. 101. Authorization of appropriations. 

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

TITLE II—COAST GUARD AND SERVICEMEMBER PARITY 

Sec. 201. Academy emoluments. 

Sec. 202. Policy on sexual harassment and sexual violence. 

Sec. 203. Appointments of permanent commissioned officers. 

Sec. 204. Minor construction. 

Sec. 205. Treatment of reports of aircraft accident investigations. 

Sec. 206. Acquisition workforce expedited hiring authority. 

Sec. 207. Coast Guard housing report. 

TITLE III—COAST GUARD REFORM 

Sec. 301. Repeals. 

Sec. 302. Interference with Coast Guard transmissions. 

Sec. 303. National security cutters. 

Sec. 304. Major acquisitions report. 

Sec. 305. Environmental compliance and restoration backlog. 

Sec. 306. Coast Guard auxiliarist enrollment eligibility. 

Sec. 307. Decommissionings. 

Sec. 308. Assessment of needs for additional coast guard presence in high latitude 

regions. 

Sec. 309. Limitation on expenditures. 

Sec. 310. Restriction on the use of aircraft. 

TITLE IV—SHIPPING AND NAVIGATION 

Sec. 401. Committee on the Marine Transportation System. 

Sec. 402. Report on determinations. 

Sec. 403. Dockside examinations. 

Sec. 404. Recourse for noncitizens. 

Sec. 405. Maritime liens on fishing permits. 

Sec. 406. Short sea transportation. 

Sec. 407. Mission of the Maritime Administration. 

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TITLE V—FEDERAL MARITIME COMMISSION 

Sec. 501. Authorization of appropriations. 

TITLE VI—MISCELLANEOUS 

Sec. 601. Technical corrections. 

Sec. 602. Report on Coast Guard merchant mariner medical evaluation program. 

Sec. 603. Notice of arrival. 

Sec. 604. Technical corrections to title 14. 

Sec. 605. Distant water tuna fleet. 

Sec. 606. Waivers. 

Sec. 607. Report on options to improve integration of U.S. Coast Guard and Canadian Coast Guard Great Lakes icebreaking operational information. 

Sec. 608. Standby vessels. 

Sec. 609. Cap on penalty wages. 

1 TITLE I—AUTHORIZATION 

2 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

3 Funds are authorized to be appropriated for each of 

4 the fiscal years 2012, 2013, and 2014 for necessary expenses 

5 of the Coast Guard as follows: 

6 (1) For the operation and maintenance of the 

7 Coast Guard— 

8 (A) $6,819,505,000 for fiscal year 2012; 

9 (B) $6,922,645,000 for fiscal year 2013; and 

10 (C) $7,018,499,000 for fiscal year 2014; 

11 of which $24,500,000 is authorized for each of the fis12 cal years 2012, 2013, and 2014 to be derived from the 

13 Oil Spill Liability Trust Fund to carry out the pur14 poses of section 1012(a)(5) of the Oil Pollution Act of 

15 1990 (33 U.S.C. 2712(a)(5)). 

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

17 and improvement of aids to navigation, shore and offmstockstill on DSK4VPTVN1PROD with BILLS

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1 shore facilities, vessels, and aircraft, including related 

2 equipment thereto— 

3 (A) $1,503,980,000 for fiscal year 2012; 

4 (B) $1,505,312,000 for fiscal year 2013; and 

5 (C) $1,506,549,000 for fiscal year 2014; 

6 to remain available until expended, of which 

7 $20,000,000 for each of the fiscal years 2012, 2013, 

8 and 2014 shall 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. 

11 (3) For the Coast Guard Reserve program, in12 cluding personnel and training costs, equipment, and 

13 services— 

14 (A) $136,778,000 for fiscal year 2012; 

15 (B) $138,111,000 for fiscal year 2013; and 

16 (C) $139,311,000 for fiscal year 2014. 

17 (4) For environmental compliance and restora18 tion of Coast Guard vessels, aircraft, and facilities 

19 (other than parts and equipment associated with op20 eration and maintenance)— 

21 (A) $16,699,000 for fiscal year 2012; 

22 (B) $16,699,000 for fiscal year 2013; and 

23 (C) $16,700,000 for fiscal year 2014; 

24 to remain available until expended. 

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1 (5) To the Commandant of the Coast Guard for 

2 research, development, test, and evaluation of tech3 nologies, materials, and human factors directly re4 lated to improving the performance of the Coast 

5 Guard’s mission in search and rescue, aids to naviga6 tion, marine safety, marine environmental protection, 

7 enforcement of laws and treaties, ice operations, 

8 oceanographic research, and defense readiness— 

9 (A) $19,779,000 for fiscal year 2012; 

10 (B) $19,848,000 for fiscal year 2013; and 

11 (C) $19,913,000 for fiscal year 2014; 

12 of which $650,000 for each of the fiscal years 2012, 

13 2013, and 2014 shall be derived from the Oil Spill 

14 Liability Trust Fund to carry out the purposes of sec15 tion 1012(a)(5) of the Oil Pollution Act of 1990. 

16 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 

17 AND TRAINING. 

18 (a) ACTIVE DUTY STRENGTH.—The Coast Guard is 

19 authorized an end-of-year strength for active duty personnel 

20 of 47,000 for each of the fiscal years 2012 through fiscal 

21 year 2014. 

22 (b) MILITARY TRAINING STUDENT LOADS.—The Coast 

23 Guard is authorized average military training student 

24 loads for the each of the fiscal years 2012 through fiscal 

25 year 2014 as follows: 

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1 (1) For recruit and special training, 2,500 stu2 dent years. 

3 (2) For flight training, 165 student years. 

4 (3) For professional training in military and ci5 vilian institutions, 350 student years. 

6 (4) For officer acquisition, 1,200 student years. 

7 TITLE II—COAST GUARD AND 

8 SERVICEMEMBER PARITY 

9 SEC. 201. ACADEMY EMOLUMENTS. 

10 Section 195 of title 14, United States Code, is amend11 ed— 

12 (1) in subsection (c)— 

13 (A) in the first sentence— 

14 (i) by striking ‘‘person’’ and inserting 

15 ‘‘foreign national’’; and 

16 (ii) by striking ‘‘pay and allowances,’’ 

17 and inserting ‘‘pay, allowances, and emolu18 ments,’’; and 

19 (B) in the second sentence— 

20 (i) by striking ‘‘A person’’ and insert21 ing ‘‘A foreign national’’; and 

22 (ii) by striking ‘‘pay and allowances,’’ 

23 and inserting ‘‘pay, allowances, and emolu24 ments,’’; and 

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1 (2) in subsection (d), by striking ‘‘A person’’ and 

2 inserting ‘‘A foreign national’’. 

3 SEC. 202. POLICY ON SEXUAL HARASSMENT AND SEXUAL VI4 OLENCE. 

5 (a) POLICY REQUIREMENT.—Chapter 9 of title 14, 

6 United States Code, is amended by adding at the end the 

7 following: 

8 ‘‘§ 200. Policy on sexual harassment and sexual vio9 lence 

10 ‘‘(a) REQUIRED POLICY.—The Commandant shall di11 rect the Superintendent of the Coast Guard Academy to pre12 scribe a policy on sexual harassment and sexual violence 

13 applicable to the cadets and other personnel of the Coast 

14 Guard Academy. 

15 ‘‘(b) MATTERS TO BE SPECIFIED IN POLICY.—The 

16 policy on sexual harassment and sexual violence prescribed 

17 under this section shall include specification of the fol18 lowing: 

19 ‘‘(1) Programs to promote awareness of the inci20 dence of rape, acquaintance rape, and other sexual of21 fenses of a criminal nature that involve cadets or 

22 other Academy personnel. 

23 ‘‘(2) Procedures that a cadet should follow in the 

24 case of an occurrence of sexual harassment or sexual 

25 violence, including— 

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1 ‘‘(A) if the cadet chooses to report an occur2 rence of sexual harassment or sexual violence, a 

3 specification of the person or persons to whom 

4 the alleged offense should be reported and the op5 tions for confidential reporting; 

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

7 whom the victim should contact; and 

8 ‘‘(C) procedures on the preservation of evi9 dence potentially necessary for proof of criminal 

10 sexual assault. 

11 ‘‘(3) Procedures for disciplinary action in cases 

12 of alleged criminal sexual assault involving a cadet or 

13 other Academy personnel. 

14 ‘‘(4) Any other sanction authorized to be imposed 

15 in a substantiated case of sexual harassment or sexual 

16 violence involving a cadet or other Academy personnel 

17 in rape, acquaintance rape, or any other criminal 

18 sexual offense, whether forcible or nonforcible. 

19 ‘‘(5) Required training on the policy for all ca20 dets and other Academy personnel, including the spe21 cific training required for personnel who process alle22 gations of sexual harassment or sexual violence in23 volving Academy personnel. 

24 ‘‘(c) ANNUAL ASSESSMENT.— 

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1 ‘‘(1) The Commandant shall direct the Super2 intendent of the Academy to conduct at the Academy 

3 during each Academy program year an assessment to 

4 determine the effectiveness of the policies, training, 

5 and procedures of the Academy with respect to sexual 

6 harassment and sexual violence involving Academy 

7 personnel. 

8 ‘‘(2) For the assessment at the Academy under 

9 paragraph (1) with respect to an Academy program 

10 year that begins in an odd-numbered calendar year, 

11 the Superintendent shall conduct a survey of Acad12 emy personnel— 

13 ‘‘(A) to measure— 

14 ‘‘(i) the incidence, during that pro15 gram year, of sexual harassment and sexual 

16 violence events, on or off the Academy res17 ervation, that have been reported to officials 

18 of the Academy; and 

19 ‘‘(ii) the incidence, during that pro20 gram year, of sexual harassment and sexual 

21 violence events, on or off the Academy res22 ervation, that have not been reported to offi23 cials of the Academy; and 

24 ‘‘(B) to assess the perceptions of Academy 

25 personnel of— 

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1 ‘‘(i) the policies, training, and proce2 dures on sexual harassment and sexual vio3 lence involving Academy personnel; 

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

5 ‘‘(iii) the incidence of sexual harass6 ment and sexual violence involving Acad7 emy personnel; and 

8 ‘‘(iv) any other issues relating to sex9 ual harassment and sexual violence involv10 ing Academy personnel. 

11 ‘‘(d) ANNUAL REPORT.— 

12 ‘‘(1) The Commandant shall direct the Super13 intendent of the Academy to submit to the Com14 mandant a report on sexual harassment and sexual 

15 violence involving cadets or other personnel at the 

16 Academy for each Academy program year. 

17 ‘‘(2) Each report under paragraph (1) shall in18 clude, for the Academy program year covered by the 

19 report, the following: 

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

21 and other sexual offenses involving cadets or 

22 other Academy personnel that have been reported 

23 to Academy officials during the program year 

24 and, of those reported cases, the number that 

25 have been substantiated. 

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1 ‘‘(B) The policies, procedures, and processes 

2 implemented by the Commandant and the lead3 ership of the Academy in response to sexual har4 assment and sexual violence involving cadets or 

5 other Academy personnel during the program 

6 year. 

7 ‘‘(C) A plan for the actions that are to be 

8 taken in the following Academy program year 

9 regarding prevention of and response to sexual 

10 harassment and sexual violence involving cadets 

11 or other Academy personnel. 

12 ‘‘(3) Each report under paragraph (1) for an 

13 Academy program year that begins in an odd-num14 bered calendar year shall include the results of the 

15 survey conducted in that program year under sub16 section (c)(2). 

17 ‘‘(4)(A) The Commandant shall transmit to the 

18 Board of Visitors of the Academy each report received 

19 by the Commandant under this subsection, together 

20 with the Commandant’s comments on the report. 

21 ‘‘(B) The Commandant shall transmit each such 

22 report, together with the Commandant’s comments on 

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

24 and Transportation of the Senate and the Committee 

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1 on Transportation and Infrastructure of the House of 

2 Representatives.’’. 

3 (b) CONFORMING REPEAL.—Section 217 of the Coast 

4 Guard Authorization Act of 2010 (14 U.S.C. 93 note), and 

5 the item relating to such section in the table of contents 

6 in section 1(b) of such Act, are repealed. 

7 (c) TECHNICAL AND CLERICAL AMENDMENTS.—The 

8 analysis at the beginning of such chapter is amended by 

9 adding at the end the following: 

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

10 SEC. 203. APPOINTMENTS OF PERMANENT COMMISSIONED 

11 OFFICERS. 

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

13 by adding at the end the following: 

14 ‘‘(d) For the purposes of this section, the term ‘origi15 nal’, with respect to the appointment of a member of the 

16 Coast Guard refers to that member’s most recent appoint17 ment in the Coast Guard that is neither a promotion nor 

18 a demotion.’’. 

19 SEC. 204. MINOR CONSTRUCTION. 

20 (a) IN GENERAL.—Section 656 of title 14, United 

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

22 ‘‘(d) MINOR CONSTRUCTION AND IMPROVEMENT.— 

23 ‘‘(1) Subject to the reporting requirements set 

24 forth in paragraph (2), the Secretary may expend not 

25 more than $1,500,000 from amounts available for the 

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1 operating expenses of the Coast Guard for minor con2 struction and improvement projects at any one loca3 tion. 

4 ‘‘(2) No later than 90 days after the end of each 

5 fiscal year, the Secretary shall submit, to the Com6 mittee on Commerce, Science, and Transportation of 

7 the Senate and the Committee on Transportation and 

8 Infrastructure of the House of Representatives, a re9 port on each project undertaken during the course of 

10 the preceding fiscal year, for which the amount ex11 pended under paragraph (1) exceeded $500,000.’’. 

12 (b) CLERICAL AMENDMENT.— 

13 (1) Section 656 of title 14, United States Code, 

14 is further amended in the heading by adding at the 

15 end the following: ‘‘; use of moneys appro16 priated for operating expenses for minor 

17 construction and improvement’’. 

18 (2) The analysis at the beginning of chapter 17 

19 of such title is amended in the item relating to section 

20 656 by striking ‘‘waters.’’ and inserting ‘‘waters; use 

21 of moneys appropriated for operating expenses for 

22 minor construction and improvement.’’. 

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1 SEC. 205. TREATMENT OF REPORTS OF AIRCRAFT ACCI2 DENT INVESTIGATIONS. 

3 (a) IN GENERAL.—Chapter 17 of title 14, United 

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

5 ‘‘§ 678. Treatment of reports of aircraft accident inves6 tigations 

7 ‘‘(a) IN GENERAL.—Whenever the Commandant con8 ducts an accident investigation of an accident involving an 

9 aircraft under the jurisdiction of the Commandant, the 

10 records and report of the investigation shall be treated in 

11 accordance with this section. 

12 ‘‘(b) PUBLIC DISCLOSURE OF CERTAIN ACCIDENT IN13 VESTIGATION INFORMATION.— 

14 ‘‘(1) Subject to paragraph (2), the Commandant, 

15 upon request, shall publicly disclose unclassified 

16 tapes, scientific reports, and other factual information 

17 pertinent to an aircraft accident investigation. 

18 ‘‘(2) The Commandant shall not disclose the in19 formation requested in paragraph (1) unless the Com20 mandant determines— 

21 ‘‘(A) that such tapes, reports, or other infor22 mation would be included within and releasable 

23 with the final accident investigation report; and 

24 ‘‘(B) that release of such tapes, reports, or 

25 other information— 

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1 ‘‘(i) would not undermine the ability of 

2 accident or safety investigators to continue 

3 to conduct the investigation; and 

4 ‘‘(ii) would not compromise national 

5 security. 

6 ‘‘(3) A disclosure under paragraph (1) may not 

7 be made by or through officials with responsibility 

8 for, or who are conducting, a safety investigation 

9 with respect to the accident. 

10 ‘‘(c) OPINIONS REGARDING CAUSATION OF ACCI11 DENT.—Following an aircraft accident referred to in sub12 section (a)— 

13 ‘‘(1) if the evidence surrounding the accident is 

14 sufficient for the investigators who conduct the acci15 dent investigation to come to an opinion as to the 

16 cause or causes of the accident, the final report of the 

17 accident investigation shall set forth the opinion of 

18 the investigators as to the cause or causes of the acci19 dent; and 

20 ‘‘(2) if the evidence surrounding the accident is 

21 not sufficient for the investigators to come to an opin22 ion as to the cause or causes of the accident, the final 

23 report of the accident investigation shall include a de24 scription of those factors, if any, that, in the opinion 

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1 of the investigators, substantially contributed to or 

2 caused the accident. 

3 ‘‘(d) USE OF INFORMATION IN CIVIL PROCEEDINGS.— 

4 For purposes of any civil or criminal proceeding arising 

5 from an aircraft accident referred to in subsection (a), any 

6 opinion of the accident investigators as to the cause of, or 

7 the factors contributing to, the accident set forth in the acci8 dent investigation report may not be considered as evidence 

9 in such proceeding, nor may such report be considered an 

10 admission of liability by the United States or by any person 

11 referred to in such report. 

12 ‘‘(e) REGULATIONS.—The Commandant shall prescribe 

13 regulations to carry out this section. 

14 ‘‘(f) DEFINITIONS.—For purposes of this section— 

15 ‘‘(1) the term ‘accident investigation’ means any 

16 form of investigation by Coast Guard personnel of an 

17 aircraft accident referred to in subsection (a), other 

18 than a safety investigation; and 

19 ‘‘(2) the term ‘safety investigation’ means an in20 vestigation by Coast Guard personnel of an aircraft 

21 accident referred to in subsection (a), that is con22 ducted solely to determine the cause of the accident 

23 and to obtain information that may prevent the oc24 currence of similar accidents.’’. 

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1 (b) CLERICAL AMENDMENT.—The analysis at the be2 ginning of such chapter is amended by adding at the end 

3 the following: 

‘‘678. Treatment of reports of aircraft accident investigations.’’. 

4 SEC. 206. ACQUISITION WORKFORCE EXPEDITED HIRING 

5 AUTHORITY. 

6 Section 404 of the Coast Guard Authorization Act of 

7 2010 (Public Law 111–281; 124 Stat. 2950) is amended— 

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

9 category positions;’’ and inserting ‘‘as positions for 

10 which there exists a shortage of candidates or there is 

11 a critical hiring need;’’; and 

12 (2) in subsection (b)— 

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

14 ‘‘section’’; and 

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

16 ‘‘2015.’’. 

17 SEC. 207. COAST GUARD HOUSING REPORT. 

18 In conjunction with the transmittal by the President 

19 of the budget of the United States for fiscal year 2013, the 

20 Commandant of the Coast Guard shall submit to the Com21 mittee on Commerce, Science, and Transportation of the 

22 Senate and the Committee on Transportation and Infra23 structure of the House of Representatives a report on the 

24 status of Coast Guard servicemember housing, including— 

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1 (1) a statement of the Coast Guard’s housing 

2 needs requirements; 

3 (2) an assessment of the condition of the Coast 

4 Guard’s current housing inventory, including both 

5 leased and owned property; 

6 (3) an assessment of housing available for Coast 

7 Guard use from surrounding communities and other 

8 government agencies for all duty stations; 

9 (4) a list of housing capacity shortfalls and ex10 cess; and 

11 (5) a revised prioritized list of housing mainte12 nance and recapitalization projects. 

13 TITLE III—COAST GUARD 

14 REFORM 

15 SEC. 301. REPEALS. 

16 (a) DISTRICT OMBUDSMAN.—Section 55 of title 14, 

17 United States Code, and the item relating to such section 

18 in the analysis for chapter 3 of such title, are repealed. 

19 (b) FAA AIR AIDS TO NAVIGATION.—Section 82 of 

20 title 14, United States Code, and the item relating to such 

21 section in the analysis for chapter 5 of such title, are re22 pealed. 

23 (c) OCEAN STATIONS.—Section 90 of title 14, United 

24 States Code, and the item relating to such section in the 

25 analysis for chapter 5 of such title, are repealed. 

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1 (d) DETAIL OF MEMBERS TO ASSIST FOREIGN GOV2 ERNMENTS.—Section 149(a) of title 14, United States Code, 

3 is amended by striking the second and third sentences. 

4 (e) ADVISORY COMMITTEE.—Section 193 of title 14, 

5 United States Code, and the item relating to such section 

6 in the analysis for chapter 9 of such title, are repealed. 

7 (f) HISTORY FELLOWSHIPS.—Section 198 of title 14, 

8 United States Code, and the item relating to such section 

9 in the analysis for chapter 9 of such title, are repealed. 

10 (g) ACQUISITION AWARDS.—Section 563 of title 14, 

11 United States Code, and the item relating to such section 

12 in the analysis for chapter 15 of such title, are repealed. 

13 SEC. 302. INTERFERENCE WITH COAST GUARD TRANS14 MISSIONS. 

15 Section 88 of title 14, United States Code, is amended 

16 by adding the following: 

17 ‘‘(e) An individual who knowingly and willfully oper18 ates a device that interferes with the broadcast or reception 

19 of a radio, microwave, or other signal (including a signal 

20 from a global positioning system) transmitted, retrans21 mitted, or augmented by the Coast Guard for the purpose 

22 of maritime safety is— 

23 ‘‘(1) guilty of a class E felony; and 

24 ‘‘(2) subject to civil penalty of not more than 

25 $1,000 per day for each violation.’’. 

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1 SEC. 303. NATIONAL SECURITY CUTTERS. 

2 (a) IN GENERAL.—Subchapter I of chapter 15 of title 

3 14, United States Code is amended by adding at the end 

4 the following new section: 

5 ‘‘§ 569a. National security cutters 

6 ‘‘(a) SIXTH NATIONAL SECURITY CUTTER.—The Com7 mandant may not begin production of a sixth national se8 curity cutter on any date before which the Commandant— 

9 ‘‘(1) has acquired a sufficient number of Long 

10 Range Interceptor II and Cutter Boat Over the Hori11 zon IV small boats for each of the first three national 

12 security cutters and has submitted to the Committee 

13 on Commerce, Science, and Transportation of the 

14 Senate and the Committee on Transportation and In15 frastructure of the House of Representatives a plan to 

16 provide such boats upon the date of delivery of each 

17 subsequent national security cutter; 

18 ‘‘(2) has achieved the goal of 225 days away 

19 from homeport for each of the first two national secu20 rity cutters; and 

21 ‘‘(3) has submitted to the Committee on Com22 merce, Science, and Transportation of the Senate and 

23 the Committee on Transportation and Infrastructure 

24 of the House of Representatives a program execution 

25 plan detailing increased aerial coverage to support 

26 national security cutter operations. 

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1 ‘‘(b) SEVENTH NATIONAL SECURITY CUTTER.—The 

2 Commandant may not begin production of a seventh na3 tional security cutter on any date before which the Com4 mandant has selected an offshore patrol cutter that meets 

5 at least the minimum operational requirements set out in 

6 the Operational Requirements Document approved by the 

7 department in which the Coast Guard is operating on Octo8 ber 20, 2010.’’. 

9 (b) CLERICAL AMENDMENT.—The analysis at the be10 ginning of such chapter is amended by adding at the end 

11 of the items relating to such subchapter the following: 

‘‘569a. National security cutters.’’. 

12 SEC. 304. MAJOR ACQUISITIONS REPORT. 

13 (a) IN GENERAL.—Subchapter I of chapter 15 of title 

14 14, United States Code, is further amended by adding at 

15 the end the following: 

16 ‘‘§ 569b. Major acquisitions report 

17 ‘‘(a) MAJOR ACQUISITION PROGRAMS IMPLEMENTA18 TION REPORT.—In conjunction with the transmittal by the 

19 President of the budget of the United States for fiscal year 

20 2013 and every two fiscal years thereafter, the Secretary 

21 shall submit to the Committee on Commerce, Science, and 

22 Transportation of the Senate and the Committee on Trans23 portation and Infrastructure of the House of Representa24 tives a report on the status of all major acquisition pro25 grams. 

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1 ‘‘(b) INFORMATION TO BE INCLUDED.—The report 

2 shall include for each major acquisition program— 

3 ‘‘(1) a statement of Coast Guard’s mission needs 

4 and performance goals for such program, including a 

5 justification for any change to those needs and goals 

6 from any report previously submitted under this sub7 section; 

8 ‘‘(2) a justification for how the projected number 

9 and capabilities of each planned acquisition program 

10 asset meets those mission needs and performance 

11 goals; 

12 ‘‘(3) an identification of any and all mission 

13 hour gaps, accompanied by an explanation on how 

14 and when the Coast Guard will close those gaps; 

15 ‘‘(4) an identification of any changes to such 

16 program, including— 

17 ‘‘(A) any changes to the timeline for the ac18 quisition of each new asset and the phase out of 

19 legacy assets; and 

20 ‘‘(B) any changes to the costs of new assets 

21 and legacy assets for that fiscal year, future fis22 cal years, or the total acquisition cost; 

23 ‘‘(5) a justification for how any change to such 

24 program fulfills the mission needs and performance 

25 goals of the Coast Guard; 

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1 ‘‘(6) a description of how the Coast Guard is 

2 planning for the integration of each new asset ac3 quired under such program into the Coast Guard, in4 cluding needs related to shore-based infrastructure 

5 and human resources; 

6 ‘‘(7) an identification of how funds in that fiscal 

7 year’s budget request will be allocated, including in8 formation on the purchase of specific assets; 

9 ‘‘(8) a projection of the remaining operational 

10 lifespan and lifecycle cost of each legacy asset that 

11 also identifies any anticipated resource gaps; 

12 ‘‘(9) a detailed explanation of how the costs of 

13 the legacy assets are being accounted for within such 

14 program; 

15 ‘‘(10) an annual performance comparison of new 

16 assets to legacy assets; and 

17 ‘‘(11) an identification of the scope of the antici18 pated acquisitions workload for the next fiscal year; 

19 the number of officers, members, and employees of the 

20 Coast Guard currently assigned to positions in the 

21 acquisition workforce; and a determination on the 

22 adequacy of the current acquisition workforce to meet 

23 that anticipated workload, including the specific posi24 tions that are or will be understaffed, and actions 

25 that will be taken to correct such understaffing. 

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1 ‘‘(c) CUTTERS NOT MAINTAINED IN CLASS.—Each re2 port under subsection (a) shall identify which, if any, Coast 

3 Guard cutters that have been issued a certificate of classi4 fication by the American Bureau of Shipping have not been 

5 maintained in class with an explanation detailing the rea6 sons why they have not been maintained in class. 

7 ‘‘(d) DEFINITION.—For the purposes of this section, the 

8 term ‘major acquisition program’ means an ongoing acqui9 sition undertaken by the Coast Guard with a life-cycle cost 

10 estimate greater than or equal to $300,000,000.’’. 

11 (b) CLERICAL AMENDMENT.—The analysis at the be12 ginning of such chapter is further amended by adding at 

13 the end of the items relating to such subchapter the fol14 lowing: 

‘‘569b. Major acquisitions report.’’. 

15 (c) REPEAL.— 

16 (1) Section 408 of the Coast Guard and Mari17 time Transportation Act of 2006 (120 Stat. 537) is 

18 amended by striking subsection (a). 

19 (2) Title 14, United States Code, is amended— 

20 (A) in section 562, by striking subsection 

21 (e) and redesignating subsections (f) and (g) as 

22 subsections (e) and (f), respectively; and 

23 (B) in section 573(c)(3), by striking sub24 paragraph (B). 

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1 SEC. 305. ENVIRONMENTAL COMPLIANCE AND RESTORA2 TION BACKLOG. 

3 (a) IN GENERAL.—Section 693 of title 14, United 

4 States Code, is amended to read as follows: 

5 ‘‘§ 693. Annual report to Congress 

6 ‘‘The Commandant of the Coast Guard shall submit 

7 to the Committee on Transportation and Infrastructure of 

8 the House of Representatives and the Committee on Com9 merce, Science, and Transportation of the Senate the 

10 prioritized list of projects eligible for environmental compli11 ance and restoration funding for each fiscal year concurrent 

12 with the President’s budget submission for that fiscal 

13 year.’’. 

14 (b) CLERICAL AMENDMENT.—The analysis for chapter 

15 19 of such title is amended by striking the item for such 

16 section and inserting the following: 

‘‘693. Annual report to Congress.’’. 

17 SEC. 306. COAST GUARD AUXILIARIST ENROLLMENT ELIGI18 BILITY. 

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

20 by striking ‘‘citizens of the United States and its territories 

21 and possessions,’’ and inserting ‘‘nationals of the United 

22 States (as such term is defined in section 101(a)(22) of the 

23 Immigration and Nationality Act (8 U.S.C. 1101(a)(22)) 

24 and aliens lawfully admitted for permanent residence (as 

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1 such term is defined in section 101(a)(20) of such Act (8 

2 U.S.C. 1101 (a)(20))),’’. 

3 SEC. 307. DECOMMISSIONINGS. 

4 (a) POLAR SEA.—Not later than 6 months after the 

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

6 Guard shall decommission the USCGC POLAR SEA 

7 (WAGB 11). 

8 (b) POLAR STAR.—Not later than 3 years after the 

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

10 Guard shall decommission the USCGC POLAR STAR 

11 (WAGB 10). 

12 SEC. 308. ASSESSMENT OF NEEDS FOR ADDITIONAL COAST 

13 GUARD PRESENCE IN HIGH LATITUDE RE14 GIONS. 

15 Not later than 60 days after the date of enactment of 

16 this Act, the Secretary of the department in which the Coast 

17 Guard is operating shall submit a report to the Committee 

18 on Commerce, Science, and Transportation of the Senate 

19 and the Committee on Transportation and Infrastructure 

20 of the House of Representatives assessing the need for addi21 tional Coast Guard prevention and response capability in 

22 the high latitude regions. The assessment shall address needs 

23 for all Coast Guard mission areas, including search and 

24 rescue, marine pollution response and prevention, fisheries 

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1 enforcement, and maritime commerce. The Secretary shall 

2 include in the report— 

3 (1) an assessment of the high latitude operating 

4 capabilities of all current Coast Guard assets other 

5 than icebreakers, including assets acquired under the 

6 Deepwater program; 

7 (2) an assessment of projected needs for Coast 

8 Guard operations in the high latitude regions; and 

9 (3) an assessment of shore infrastructure, per10 sonnel, logistics, communications, and resources re11 quirements to support Coast Guard operations in the 

12 high latitude regions, including forward operating 

13 bases and existing infrastructure in the furthest north 

14 locations that are ice free, or nearly ice free, year 

15 round. 

16 SEC. 309. LIMITATION ON EXPENDITURES. 

17 Section 149(d) of title 14, United States Code, is 

18 amended by adding at the end the following: 

19 ‘‘(3) The amount of funds used under this sub20 section may not exceed $100,000 in any fiscal year.’’. 

21 SEC. 310. RESTRICTION ON THE USE OF AIRCRAFT. 

22 (a) RESTRICTION.—Except as provided in subsection 

23 (b), the Secretary of the department in which the Coast 

24 Guard is operating and the Commandant of the Coast 

25 Guard may not travel aboard any Coast Guard owned or 

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1 operated fixed-wing aircraft if the Secretary has not pro2 vided the Committee on Transportation and Infrastructure 

3 of the House of Representatives and the Committee on Com4 merce, Science, and Transportation of the Senate all of the 

5 following: 

6 (1) A cost-constrained Fleet Mix Analysis. 

7 (2) The notification required under section 219 

8 of the Coast Guard Authorization Act of 2010 (Public 

9 Law 111–281; 124 Stat. 2918). 

10 (b) EXCEPTION.—The Secretary and the Commandant 

11 may travel aboard a Coast Guard owned and operated 

12 fixed-wing aircraft— 

13 (1) to respond to a major disaster or emergency 

14 declared under section 401 of the Robert T. Stafford 

15 Disaster Relief and Emergency Assistance Act (42 

16 U.S.C. 5170); 

17 (2) to respond to a discharge classified as a spill 

18 of national significance under part 300.323 of title 

19 40, Code of Federal Regulations; or 

20 (3) for evacuation purposes including for a med21 ical emergency. 

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1 TITLE IV—SHIPPING AND 

2 NAVIGATION 

3 SEC. 401. COMMITTEE ON THE MARINE TRANSPORTATION 

4 SYSTEM. 

5 (a) IN GENERAL.—Chapter 555 of title 46, United 

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

7 ‘‘§ 55502. Committee on the Marine Transportation 

8 System 

9 ‘‘(a) ESTABLISHMENT.—There is established a Com10 mittee on the Marine Transportation System (in this sec11 tion referred to as the ‘Committee’). 

12 ‘‘(b) PURPOSE.—The Committee shall— 

13 ‘‘(1) assess the adequacy of the marine transpor14 tation system (including ports, waterways, channels, 

15 and their intermodal connections); 

16 ‘‘(2) develop and implement policies to promote 

17 an efficient marine transportation system; and 

18 ‘‘(3) coordinate policies among Federal agencies 

19 to promote an efficient marine transportation system. 

20 ‘‘(c) MEMBERSHIP.— 

21 ‘‘(1) IN GENERAL.—The Committee shall consist 

22 of the Secretary of Transportation, the Secretary of 

23 Defense, the Secretary of Homeland Security, the Sec24 retary of Commerce, the Secretary of the Treasury, 

25 the Secretary of State, the Secretary of the Interior, 

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1 the Secretary of Agriculture, the Attorney General, the 

2 Secretary of Labor, the Secretary of Energy, the Ad3 ministrator of the Environmental Protection Agency, 

4 the Chairman of the Federal Maritime Commission, 

5 and the head of any other Federal agency that the 

6 Committee Chair, with the approval of a majority of 

7 the voting members of the Committee, determines can 

8 further the purpose and activities of the Committee. 

9 ‘‘(2) EX-OFFICIO MEMBERS.—The Committee 

10 may also consist of so many nonvoting members as 

11 the Committee Chair, with the approval of a majority 

12 of the voting members of the Committee, determines is 

13 appropriate to further the purpose and activities of 

14 the Committee. 

15 ‘‘(3) CHAIRMAN.—The Chair of the Committee 

16 shall rotate each year among the Secretary of Trans17 portation, the Secretary of Defense, the Secretary of 

18 Homeland Security, and the Secretary of Commerce. 

19 The order of rotation shall be determined with the ap20 proval of a majority of the voting members of the 

21 Committee. 

22 ‘‘(d) SUPPORT.— 

23 ‘‘(1) COORDINATING BOARD.—Each member of 

24 the Committee may select a senior level representative 

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1 to serve on a coordinating board which shall assist the 

2 Committee in carrying out its purpose and activities. 

3 ‘‘(2) EXECUTIVE DIRECTOR.—The Secretary of 

4 Transportation, in consultation with the Secretary of 

5 Defense, the Secretary of Homeland Security, and the 

6 Secretary of Commerce, shall select an executive direc7 tor to assist the Committee in carrying out its pur8 pose and activities. 

9 ‘‘(e) MARINE TRANSPORTATION SYSTEM ASSESSMENT

10 AND STRATEGY.—Not later than one year after the date of 

11 enactment of this Act and every 5 years thereafter, the Com12 mittee shall provide a report to Congress which includes— 

13 ‘‘(1) steps taken to implement actions rec14 ommended in the July 2008 ‘National Strategy for 

15 the Marine Transportation System: A Framework for 

16 Action’; 

17 ‘‘(2) an assessment of the condition of the marine 

18 transportation system; 

19 ‘‘(3) a discussion of the challenges the system 

20 faces in meeting user demand; 

21 ‘‘(4) a plan with recommended actions for im22 proving the marine transportation system to meet 

23 current and future challenges; and 

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1 ‘‘(5) steps taken to implement actions rec2 ommended in previous reports required under this 

3 subsection. 

4 ‘‘(f) CONSULTATION.—In carrying out its purpose and 

5 activities, the Committee may consult with the Marine 

6 Transportation System National Advisory Council, inter7 ested parties, and the public.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections at 

9 the beginning of such chapter is amended by inserting after 

10 the item relating to section 55501 the following: 

‘‘55502. Committee on the Marine Transportation System.’’. 

11 SEC. 402. REPORT ON DETERMINATIONS. 

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 shall provide to the Committee 

15 on Transportation and Infrastructure of the House of Rep16 resentatives and the Committee on Commerce, Science, and 

17 Transportation of the Senate a report on— 

18 (1) the loss of United States shipyard jobs and 

19 industrial base expertise as a result of rebuild, conver20 sion, and double-hull work on United States-flag ves21 sels eligible to engage in the coastwise trade being per22 formed in foreign shipyards; 

23 (2) enforcement of the Coast Guard’s foreign re24 build determination regulations; and 

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1 (3) recommendations for improving the trans2 parency in the Coast Guard’s foreign rebuild deter3 mination process. 

4 SEC. 403. DOCKSIDE EXAMINATIONS. 

5 (a) IN GENERAL.—Section 4502(f) of title 46, United 

6 states Code, is amended— 

7 (1) in paragraph (2) by striking ‘‘at least once 

8 every 2 years’’ and inserting ‘‘at least once every 5 

9 years’’; 

10 (2) by striking ‘‘and’’ after the semicolon at the 

11 end of paragraph (1); 

12 (3) by striking the period at the end of para13 graph (2) and inserting ‘‘; and’’; and 

14 (4) by adding at the end the following: 

15 ‘‘(3) shall complete the first examination of a 

16 dockside vessel under this section no later than Octo17 ber 15, 2015.’’. 

18 (b) DATABASE.—Section 4502(g)(4) of title 46, United 

19 States Code, is amended by striking ‘‘a publicly accessible’’ 

20 and inserting ‘‘an’’. 

21 SEC. 404. RECOURSE FOR NONCITIZENS. 

22 Section 30104 of title 46, United States Code, is 

23 amended— 

24 (1) by inserting ‘‘(a) IN GENERAL.—’’ before the 

25 first sentence; and 

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1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(b) RECOURSE FOR NONRESIDENT ALIEN SEAMEN

4 EMPLOYED ON FOREIGN PASSENGER VESSELS.—A claim 

5 for damages or expenses relating to personal injury, illness, 

6 or death of a seaman who is a citizen of a foreign nation, 

7 arising during or from the engagement of the seaman by 

8 or for a passenger vessel duly registered under the laws of 

9 a foreign nation, may not be brought under the laws of the 

10 United States if— 

11 ‘‘(1) such seaman was not a permanent resident 

12 alien of the United States at the time the claim arose; 

13 ‘‘(2) the injury, illness, or death arose outside the 

14 territorial waters of the United States; and 

15 ‘‘(3) the seaman or the seaman’s personal rep16 resentative has or had a right to seek compensation 

17 for the injury, illness, or death in, or under the laws 

18 of— 

19 ‘‘(A) the nation in which the vessel was reg20 istered at the time the claim arose; or 

21 ‘‘(B) the nation in which the seaman main22 tained citizenship or residency at the time the 

23 claim arose.’’. 

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1 SEC. 405. MARITIME LIENS ON FISHING PERMITS. 

2 (a) IN GENERAL.—Subchapter I of chapter 313 of title 

3 46, United States Code, is amended by adding at the end 

4 the following: 

5 ‘‘§ 31310. Limitation on maritime liens on fishing per6 mit and permit description 

7 ‘‘(a) IN GENERAL.—This chapter— 

8 ‘‘(1) does not establish a maritime lien on a per9 mit that— 

10 ‘‘(A) authorizes a person or use of a vessel 

11 to engage in fishing; and 

12 ‘‘(B) is issued under State or Federal law; 

13 and 

14 ‘‘(2) does not authorize any civil action to en15 force a maritime lien on such a permit. 

16 ‘‘(b) FISHING PERMIT DESCRIBED.—A fishing per17 mit— 

18 ‘‘(1) is governed solely by the State or Federal 

19 law under which it was issued; and 

20 ‘‘(2) is not included in the whole of a vessel or 

21 as an appurtenance or intangible of a vessel for any 

22 purpose. 

23 ‘‘(c) LIMITATION ON STATUTORY CONSTRUCTION.— 

24 Nothing in subsections (a) and (b) shall be construed as 

25 imposing any limitation upon the authority of the Sec26 retary of Commerce to modify, suspend, revoke, or sanction 

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1 any Federal fishery permit issued by the Secretary of Com2 merce or to bring a civil action to enforce such modifica3 tion, suspension, revocation, or sanction.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections at 

5 the beginning of such chapter is amended by inserting after 

6 the item relating to section 31309 the following: 

‘‘31310. Limitation on maritime liens on fishing permit and permit description.’’. 

7 SEC. 406. SHORT SEA TRANSPORTATION. 

8 (a) PURPOSE OF PROGRAM AND PROJECTS; REAU9 THORIZATION; TERMINATION.—Section 55601 of title 46, 

10 United States Code, is amended— 

11 (1) in subsection (a), by striking ‘‘landside con12 gestion.’’ and inserting ‘‘landside congestion and to 

13 promote increased use of the navigable waters of the 

14 United States for transportation of passengers or 

15 freight (or both).’’; 

16 (2) in subsection (c), by inserting ‘‘and to pro17 mote waterborne transportation between ports within 

18 the United States’’ after ‘‘coastal corridors’’; 

19 (3) in subsection (d), by striking ‘‘that the 

20 project may—’’ and all that follows through the end 

21 of the subsection and inserting ‘‘that the project uses 

22 documented vessels and— 

23 ‘‘(1) mitigates landside congestion; or 

24 ‘‘(2) promotes waterborne transportation between 

25 ports of the United States.’’; 

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1 (4) by striking subsection (f) and redesignating 

2 subsection (g) as subsection (f); 

3 (5) in subsection (f), as so redesignated, by add4 ing at the end the following— 

5 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

6 There is authorized to be appropriated not more than 

7 $5,000,000 for each of the fiscal years 2012 through 

8 fiscal year 2017 for grants under this subsection.’’; 

9 and 

10 (6) by adding at the end the following: 

11 ‘‘(g) TERMINATION OF AUTHORITY.—Authority grant12 ed to the Secretary under this section shall terminate Sep13 tember 30, 2017.’’. 

14 (b) SHORT SEA TRANSPORTATION DEFINITION.—Sec15 tion 55605 of title 46, United States Code, is amended by 

16 striking ‘‘means the carriage by vessel of cargo—’’ and in17 serting ‘‘means the carriage of passengers or freight (or 

18 both) by a vessel documented under the laws of the United 

19 States—’’. 

20 SEC. 407. MISSION OF THE MARITIME ADMINISTRATION. 

21 Section 109(a) of title 49, United States Code, is 

22 amended— 

23 (1) in the subsection heading by striking ‘‘ORGA24 NIZATION’’ and inserting ‘‘ORGANIZATION AND MIS25 SION’’; and 

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1 (2) by inserting at the end the following: ‘‘The 

2 mission of the Maritime Administration is to foster, 

3 promote, and develop the domestic merchant maritime 

4 industry of the United States.’’. 

5 TITLE V—FEDERAL MARITIME 

6 COMMISSION 

7 SEC. 501. AUTHORIZATION OF APPROPRIATIONS. 

8 Section 501 of the Coast Guard and Maritime Trans9 portation Act of 2004 (Public Law 108–293; 118 Stat. 

10 1049) is amended by striking ‘‘Commission—’’ and all that 

11 follows through the period at the end of the section and in12 serting ‘‘Commission for each of the fiscal years 2012 

13 through 2015, $22,100,000.’’. 

14 TITLE VI—MISCELLANEOUS 

15 SEC. 601. TECHNICAL CORRECTIONS. 

16 (a) TITLE 14.—Title 14, United States Code, is 

17 amended— 

18 (1) in section 564, by striking subsection (d); 

19 and 

20 (2) in section 569(a), by striking ‘‘and annually 

21 thereafter,’’. 

22 (b) STUDY OF BRIDGES.—Section 905 of the Coast 

23 Guard Authorization Act of 2010 (Public Law 111–281; 

24 124 Stat. 3012) is amended to read as follows: 

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1 ‘‘SEC. 905. STUDY OF BRIDGES OVER NAVIGABLE WATERS. 

2 ‘‘The Commandant of the Coast Guard shall submit 

3 to the Committee on Commerce, Science, and Transpor4 tation of the Senate and the Committee on Transportation 

5 and Infrastructure of the House of Representatives a com6 prehensive study on the construction or alteration of any 

7 bridge, drawbridge, or causeway over the navigable waters 

8 of the United States with a channel depth of 25 feet or 

9 greater that may impede or obstruct future navigation to 

10 or from port facilities, for which a permit under the Act 

11 of March 23, 1906 (chapter 1130; 33 U.S.C. 491 et seq.), 

12 popularly known as the Bridge Act of 1906, was requested 

13 on or after January 1, 2006 and on or before August 3, 

14 2011.’’. 

15 SEC. 602. REPORT ON COAST GUARD MERCHANT MARINER 

16 MEDICAL EVALUATION PROGRAM. 

17 (a) IN GENERAL.—Not later than 180 days after the 

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

19 Guard shall submit to the Committee on Transportation 

20 and Infrastructure of the House of Representatives and the 

21 Committee on Commerce, Science, and Transportation of 

22 the Senate a report on the Coast Guard National Maritime 

23 Center’s merchant mariner medical evaluation program 

24 and alternatives to the program. 

25 (b) CONTENTS.—The report required under subsection 

26 (a) shall include the following: 

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1 (1) An overview of the adequacy of the program 

2 for making medical certification determinations for 

3 issuance of merchant mariners’ documents. 

4 (2) An analysis of how a system similar to the 

5 Federal Motor Carrier Safety Administration’s Na6 tional Registry of Certified Medical Examiners pro7 gram, and the Federal Aviation Administration’s 

8 Designated Aviation Medical Examiners program, 

9 could be applied by the Coast Guard to make medical 

10 fitness determinations for issuance of merchant mari11 ners’ documents. 

12 (3) An explanation of how the amendments to 

13 the International Convention on Standards of Train14 ing, Certification and Watchkeeping for Seafarers, 

15 1978, that enter into force on January 1, 2012, will 

16 require changes to the Coast Guard’s merchant mar17 iner medical evaluation program. 

18 SEC. 603. NOTICE OF ARRIVAL. 

19 The regulations required under section 109(a) of Pub20 lic Law 109–347 (33 U.S.C. 1223 note) on notice of arrival 

21 for foreign vessels on the Outer Continental Shelf shall not 

22 apply to a vessel documented under section 12105 of title 

23 46, United States Code, unless such vessel arrives from a 

24 foreign port or place. 

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1 SEC. 604. TECHNICAL CORRECTIONS TO TITLE 14. 

2 Chapter 1 of title 14, United States Code, is amended 

3 to read as follows: 

4 ‘‘CHAPTER 1—ESTABLISHMENT AND 

5 DUTIES 

‘‘Sec. 

‘‘1. Establishment of Coast Guard. 

‘‘2. Primary duties. 

‘‘3. Department in which the Coast Guard operates. 

‘‘4. Secretary defined. 

6 ‘‘§ 1. Establishment of Coast Guard 

7 ‘‘The Coast Guard shall be a military service and a 

8 branch of the armed forces of the United States at all times. 

9 ‘‘§ 2. Primary duties 

10 ‘‘The Coast Guard shall— 

11 ‘‘(1) enforce or assist in the enforcement of all 

12 applicable Federal laws on, under, and over the high 

13 seas and waters subject to the jurisdiction of the 

14 United States; 

15 ‘‘(2) engage in maritime air surveillance or 

16 interdiction to enforce or assist in the enforcement of 

17 the laws of the United States; 

18 ‘‘(3) administer laws and promulgate and en19 force regulations for the promotion of safety of life 

20 and property on and under the high seas and waters 

21 subject to the jurisdiction of the United States cov22 ering all matters not specifically delegated by law to 

23 some other executive department; 

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1 ‘‘(4) develop, establish, maintain, and operate, 

2 with due regard to the requirements of national de3 fense, aids to maritime navigation, ice-breaking fa4 cilities, and rescue facilities for the promotion of safe5 ty on, under, and over the high seas and waters sub6 ject to the jurisdiction of the United States; 

7 ‘‘(5) pursuant to international agreements, de8 velop, establish, maintain, and operate icebreaking fa9 cilities on, under, and over waters other than the high 

10 seas and waters subject to the jurisdiction of the 

11 United States; 

12 ‘‘(6) engage in oceanographic research of the high 

13 seas and in waters subject to the jurisdiction of the 

14 United States; and 

15 ‘‘(7) maintain a state of readiness to function as 

16 a specialized service in the Navy in time of war, in17 cluding the fulfillment of Maritime Defense Zone com18 mand responsibilities. 

19 ‘‘§ 3. Department in which the Coast Guard operates 

20 ‘‘(a) The Coast Guard shall be a service in the Depart21 ment of Homeland Security, except when operating as a 

22 service in the Navy. 

23 ‘‘(b) Upon the declaration of war if Congress so directs 

24 in the declaration or when the President directs, the Coast 

25 Guard shall operate as a service in the Navy, and shall 

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1 so continue until the President, by Executive order, trans2 fers the Coast Guard back to the Department of Homeland 

3 Security. While operating as a service in the Navy, the 

4 Coast Guard shall be subject to the orders of the Secretary 

5 of the Navy, who may order changes in Coast Guard oper6 ations to render them uniform, to the extent such Secretary 

7 deems advisable, with Navy operations. 

8 ‘‘(c) Whenever the Coast Guard operates as a service 

9 in the Navy: 

10 ‘‘(1) applicable appropriations of the Navy De11 partment shall be available for the expense of the 

12 Coast Guard; 

13 ‘‘(2) applicable appropriations of the Coast 

14 Guard shall be available for transfer to the Navy De15 partment; 

16 ‘‘(3) precedence between commissioned officers of 

17 corresponding grades in the Coast Guard and the 

18 Navy shall be determined by the date of rank stated 

19 by their commissions in those grades; 

20 ‘‘(4) personnel of the Coast Guard shall be eligi21 ble to receive gratuities, medals, and other insignia of 

22 honor on the same basis as personnel in the naval 

23 service or serving in any capacity with the Navy; and 

24 ‘‘(5) the Secretary may place on furlough any of25 ficer of the Coast Guard and officers on furlough shall 

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1 receive one half of the pay to which they would be en2 titled if on leave of absence, but officers of the Coast 

3 Guard Reserve shall not be so placed on furlough. 

4 ‘‘§ 4. Secretary defined 

5 ‘‘In this title, the term ‘Secretary’ means the Secretary 

6 of the respective department in which the Coast Guard is 

7 operating.’’. 

8 SEC. 605. DISTANT WATER TUNA FLEET. 

9 Section 421(d) of the Coast Guard and Maritime 

10 Transportation Act of 2006 (Public Law 109–241; 120 

11 Stat. 548) is amended by striking ‘‘on December 31, 2012’’ 

12 and inserting ‘‘on the date the Treaty on Fisheries Between 

13 the Governments of Certain Pacific Island States and the 

14 Government of the United States of America ceases to have 

15 effect for any party under Article 12.6 or 12.7 of such trea16 ty, as in effect on the date of enactment of the Coast Guard 

17 and Maritime Transportation Act of 2011’’. 

18 SEC. 606. WAIVERS. 

19 (a) IN GENERAL.—Notwithstanding sections 12112 

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

21 the Secretary of the department in which the Coast Guard 

22 is operating may issue a certificate of documentation with 

23 a coastwise endorsement for each of the following vessels: 

24 (1) M/V GEYSIR (United States official number 

25 622178). 

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1 (2) MACY-RENEE (United States official num2 ber 1107319) 

3 (3) OCEAN VERITAS (IMO number 7366805). 

4 (4) LUNA (United States official number 

5 280133). 

6 (5) IL MORO DI VENEZIA IV (United States 

7 official number 1028654) 

8 (b) DOCUMENTATION OF LNG TANKERS.— 

9 (1) IN GENERAL.—Notwithstanding sections 

10 12112 and 12132 and chapter 551 of title 46, United 

11 States Code, the Secretary of the department in which 

12 the Coast Guard is operating may issue a certificate 

13 of documentation with a coastwise endorsement for 

14 each of the following vessels: 

15 (A) LNG GEMINI (United States official 

16 number 595752). 

17 (B) LNG LEO (United States official num18 ber 595753). 

19 (C) LNG VIRGO (United States official 

20 number 595755). 

21 (2) LIMITATION ON OPERATION.—Coastwise 

22 trade authorized under paragraph (1) shall be limited 

23 to carriage of natural gas, as that term is defined in 

24 section 3(13) of the Deepwater Port Act of 1974 (33 

25 U.S.C. 1502(13)). 

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1 (3) TERMINATION OF EFFECTIVENESS OF EN2 DORSEMENTS.—The coastwise endorsement issued 

3 under paragraph (1) for a vessel shall expire on the 

4 date of the sale of the vessel by the owner of the vessel 

5 on the date of enactment of this Act to a person who 

6 is not related by ownership or control to such owner. 

7 (c) OPERATION OF A DRY DOCK.—A vessel transported 

8 in Dry Dock #2 (State of Alaska registration AIDEA 

9 FDD-2) is not merchandise for purposes of section 55102 

10 of title 46, United States Code, if, during such transpor11 tation, Dry Dock #2 remains connected by a utility or 

12 other connecting line to pierside moorage. 

13 SEC. 607. REPORT ON OPTIONS TO IMPROVE INTEGRATION 

14 OF U.S. COAST GUARD AND CANADIAN COAST 

15 GUARD GREAT LAKES ICEBREAKING OPER16 ATIONAL INFORMATION. 

17 Within 180 days after the date of enactment of this 

18 Act, the Commandant of the Coast Guard shall report to 

19 the Committee on Commerce, Science, and Transportation 

20 of the Senate and the Committee on Transportation and 

21 Infrastructure of the House of Representatives on options 

22 to improve the integration of the Great Lakes icebreaking 

23 operational information of the United States Coast Guard 

24 and Canadian Coast Guard to improve the safety, economic 

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1 security, and efficiency of Great Lakes icebreaking activities 

2 of both services. 

3 SEC. 608. STANDBY VESSELS. 

4 (a) IN GENERAL.—Subtitle VIII of title 46, United 

5 States Code, is amended by adding at the end thereof the 

6 following new chapter: 

7 ‘‘CHAPTER 807—STANDBY VESSELS 

‘‘Sec. 

‘‘80701. Standby vessels. 

8 ‘‘§ 80701. Standby vessels 

9 ‘‘(a) IN GENERAL.—The owner or operator of a 

10 manned facility, installation, unit, or vessel shall locate a 

11 standby vessel— 

12 ‘‘(1) not more than 3 nautical miles from such 

13 manned facility, installation, unit, or vessel while it 

14 is performing drilling, plugging, abandoning, or 

15 workover operations; and 

16 ‘‘(2) not more than 12 nautical miles from such 

17 manned facility, installation, unit, or vessel while it 

18 is performing operations other than drilling, plug19 ging, abandoning, or workover operations. 

20 ‘‘(b) IMPROVED STANDBY VESSEL RESPONSE TIME.— 

21 ‘‘(1) IN GENERAL.—A Coast Guard District 

22 Commander may reduce the distances prescribed in 

23 subsection (a) for the area of command of the District 

24 Commander if the District Commander determines 

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1 the reduction is necessary to address delays in stand2 by vessel response times caused by inclement weather, 

3 high seas, or other conditions that prolong standby 

4 vessel response time or lessen the time survivors of an 

5 accident can remain in the water. 

6 ‘‘(2) APPROXIMATION OF NORMAL RESPONSE

7 TIME.—Any reduction under paragraph (1) shall be 

8 made to a distance that, in weather conditions neces9 sitating the reduction, ensures that a standby vessel’s 

10 response time approximates that of a standby vessel 

11 covering the distance prescribed in subsection (a) dur12 ing normal weather conditions. 

13 ‘‘(3) PREVENTION OF HYPOTHERMIA.—Any re14 duction under paragraph (1) made due to water tem15 perature or other factors that reduce the time sur16 vivors of an accident can remain in the water shall 

17 be made to a distance at which a standby vessel can 

18 be assumed to reach the survivor before the onset of 

19 hypothermia. 

20 ‘‘(4) NOTICE TO OWNERS AND OPERATORS.—Be21 fore exercising the authority in paragraph (1), a Dis22 trict Commander shall provide 72 hours notice to the 

23 owners and operators of standby vessels and owners 

24 and operators of manned facilities, installations, 

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1 units, and vessels operating in the District Com2 mander’s area of command. 

3 ‘‘(c) MULTIPLE PLATFORMS AND USES.—Nothing in 

4 this section shall be construed to prohibit— 

5 ‘‘(1) use of one standby vessel for more than one 

6 manned facility, installation, unit, or vessel; or 

7 ‘‘(2) use of a standby vessel for other purposes.’’. 

8 (b) CLERICAL AMENDMENT.—The table of chapters at 

9 the beginning of such subtitle is amended by adding at the 

10 end the following: 

‘‘807. Standby vessels ..............................................................................80701’’. 

11 (c) EFFECTIVE DATE.—The amendments made by this 

12 section shall take effect one year after the date of enactment 

13 of this Act. 

14 (d) REGULATIONS.— 

15 (1) IN GENERAL.—The Secretary of the depart16 ment in which the Coast Guard is operating may 

17 promulgate regulations to implement the amendments 

18 made by this section. 

19 (2) EXISTING REGULATIONS.—Until such time 

20 as the Secretary promulgates regulations to imple21 ment the amendments made by this section, the re22 quirements of subpart E of part 143 of title 33, Code 

23 of Federal Regulations, as in effect on the date of en24 actment of this Act, including the requirements that 

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1 must be met by a standby vessel, shall apply to stand2 by vessels required under the amendments. 

3 SEC. 609. CAP ON PENALTY WAGES. 

4 (a) FOREIGN AND INTERCOASTAL VOYAGES.—Section 

5 10313(g) of title 46, United States Code, is amended— 

6 (1) in paragraph (2)— 

7 (A) by striking ‘‘all claims in a class action 

8 suit by seamen’’ and inserting ‘‘each claim by a 

9 seaman’’; and 

10 (B) by striking ‘‘the seamen’’ and inserting 

11 ‘‘the seaman’’; and 

12 (2) in paragraph (3), by striking ‘‘class action’’. 

13 (b) COASTWISE VOYAGES.—Section 10504(c) of such 

14 title is amended— 

15 (1) in paragraph (2)— 

16 (A) by striking ‘‘all claims in a class action 

17 suit by seamen’’ and inserting ‘‘each claim by a 

18 seaman’’; and 

19 (B) by striking ‘‘the seamen’’ and inserting 

20 ‘‘the seaman’’; and 

21 (2) in paragraph (3), by striking ‘‘class action’’. 

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Union Calendar No. 150 

112TH CONGRESS 

1ST SESSION H. R. 2838 

[Report No. 112–229] 

A BILL 

To authorize appropriations for the Coast Guard 

purposes. for fiscal years 2012 through 2015, and for other 

OCTOBER 3, 2011 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 

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