I 

112TH CONGRESS 

1ST SESSION H. R. 2838 

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 

A BILL 

To authorize appropriations for the Coast Guard for fiscal 

years 2012 through 2015, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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 


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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. 

TITLE IV—SHIPPING AND NAVIGATION 

Sec. 401. Committee on the Marine Transportation System. 

Sec. 402. Report on determinations. 

Sec. 403. Dockside examinations. 

Sec. 404. Investigation of marine casualties. 

Sec. 405. Recourse for noncitizens. 

Sec. 406. Maritime liens on fishing permits. 

Sec. 407. Short sea transportation. 

Sec. 408. Mission of the Maritime Administration. 

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. 

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 ex5 penses of the Coast Guard as follows: 

6 (1) For the operation and maintenance of the 

7 Coast Guard— 


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

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

3 and 

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

5 of which $24,500,000 is authorized for each of the 

6 fiscal years 2012, 2013, and 2014 to be derived 

7 from the Oil Spill Liability Trust Fund to carry out 

8 the purposes of section 1012(a)(5) of the Oil Pollu9 tion Act of 1990 (33 U.S.C. 2712(a)(5)). 

10 (2) For the acquisition, construction, rebuild11 ing, and improvement of aids to navigation, shore 

12 and offshore facilities, vessels, and aircraft, includ13 ing related equipment thereto— 

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

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

16 and 

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

18 to remain available until expended, of which 

19 $20,000,000 for each of the fiscal years 2012, 2013, 

20 and 2014 shall be derived from the Oil Spill Liabil21 ity Trust Fund to carry out the purposes of section 

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

23 (3) For the Coast Guard Reserve program, in24 cluding personnel and training costs, equipment, and 

25 services— 


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

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

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

4 (4) For environmental compliance and restora5 tion of Coast Guard vessels, aircraft, and facilities 

6 (other than parts and equipment associated with op7 eration and maintenance)— 

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

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

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

11 to remain available until expended. 

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

13 research, development, test, and evaluation of tech14 nologies, materials, and human factors directly re15 lated to improving the performance of the Coast 

16 Guard’s mission in search and rescue, aids to navi17 gation, marine safety, marine environmental protec18 tion, enforcement of laws and treaties, ice oper19 ations, oceanographic research, and defense readi20 ness— 

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

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

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

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

25 2013, and 2014 shall be derived from the Oil Spill 


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1 Liability Trust Fund to carry out the purposes of 

2 section 1012(a)(5) of the Oil Pollution Act of 1990. 

3 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 

4 AND TRAINING. 

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

6 authorized an end-of-year strength for active duty per7 sonnel of 47,000 for each of the fiscal years 2012 through 

8 fiscal year 2014. 

9 (b) MILITARY TRAINING STUDENT LOADS.—The 

10 Coast Guard is authorized average military training stu11 dent loads for the each of the fiscal years 2012 through 

12 fiscal year 2014 as follows: 

13 (1) For recruit and special training, 2,500 stu14 dent years. 

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

16 (3) For professional training in military and ci17 vilian institutions, 350 student years. 

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

19 TITLE II—COAST GUARD AND 

20 SERVICEMEMBER PARITY 

21 SEC. 201. ACADEMY EMOLUMENTS. 

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

23 amended— 

24 (1) in subsection (c)— 

25 (A) in the first sentence— 


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

2 ‘‘foreign national’’; and 

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

4 and inserting ‘‘pay, allowances, and emolu5 ments,’’; and 

6 (B) in the second sentence— 

7 (i) by striking ‘‘A person’’ and insert8 ing ‘‘A foreign national’’; and 

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

10 and inserting ‘‘pay, allowances, and emolu11 ments,’’; and 

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

13 and inserting ‘‘A foreign national’’. 

14 SEC. 202. POLICY ON SEXUAL HARASSMENT AND SEXUAL 

15 VIOLENCE. 

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

17 United States Code, is amended by inserting the following: 

18 ‘‘§ 200. Policy on sexual harassment and sexual vio19 lence 

20 ‘‘(a) REQUIRED POLICY.—The Commandant shall di21 rect the Superintendent of the Coast Guard Academy to 

22 prescribe a policy on sexual harassment and sexual vio23 lence applicable to the cadets and other personnel of the 

24 Coast Guard Academy. 


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

2 policy on sexual harassment and sexual violence prescribed 

3 under this section shall include specification of the fol4 lowing: 

5 ‘‘(1) Programs to promote awareness of the in6 cidence of rape, acquaintance rape, and other sexual 

7 offenses of a criminal nature that involve cadets or 

8 other Academy personnel. 

9 ‘‘(2) Procedures that a cadet should follow in 

10 the case of an occurrence of sexual harassment or 

11 sexual violence, including— 

12 ‘‘(A) if the cadet chooses to report an oc13 currence of sexual harassment or sexual vio14 lence, a specification of the person or persons to 

15 whom the alleged offense should be reported 

16 and the options for confidential reporting; 

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

18 whom the victim should contact; and 

19 ‘‘(C) procedures on the preservation of evi20 dence potentially necessary for proof of criminal 

21 sexual assault. 

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

23 of alleged criminal sexual assault involving a cadet 

24 or other Academy personnel. 


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1 ‘‘(4) Any other sanction authorized to be im2 posed in a substantiated case of sexual harassment 

3 or sexual violence involving a cadet or other Acad4 emy personnel in rape, acquaintance rape, or any 

5 other criminal sexual offense, whether forcible or 

6 nonforcible. 

7 ‘‘(5) Required training on the policy for all ca8 dets and other Academy personnel, including the 

9 specific training required for personnel who process 

10 allegations of sexual harassment or sexual violence 

11 involving Academy personnel. 

12 ‘‘(c) ANNUAL ASSESSMENT.— 

13 ‘‘(1) The Commandant shall direct the Super14 intendent of the Academy to conduct at the Acad15 emy during each Academy program year an assess16 ment to determine the effectiveness of the policies, 

17 training, and procedures of the Academy with re18 spect to sexual harassment and sexual violence in19 volving Academy personnel. 

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

21 paragraph (1) with respect to an Academy program 

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

23 the Superintendent shall conduct a survey of Acad24 emy personnel— 

25 ‘‘(A) to measure— 


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1 ‘‘(i) the incidence, during that pro2 gram year, of sexual harassment and sex3 ual violence events, on or off the Academy 

4 reservation, that have been reported to of5 ficials of the Academy; and 

6 ‘‘(ii) the incidence, during that pro7 gram year, of sexual harassment and sex8 ual violence events, on or off the Academy 

9 reservation, that have not been reported to 

10 officials of the Academy; and 

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

12 personnel of— 

13 ‘‘(i) the policies, training, and proce14 dures on sexual harassment and sexual vio15 lence involving Academy personnel; 

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

17 ‘‘(iii) the incidence of sexual harass18 ment and sexual violence involving Acad19 emy personnel; and 

20 ‘‘(iv) any other issues relating to sex21 ual harassment and sexual violence involv22 ing Academy personnel. 

23 ‘‘(d) ANNUAL REPORT.— 

24 ‘‘(1) The Commandant shall direct the Super25 intendent of the Academy to submit to the ComVerDate Mar 15 2010 00:31 Sep 03, 2011 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2838.IH H2838

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1 mandant a report on sexual harassment and sexual 

2 violence involving cadets or other personnel at the 

3 Academy for each Academy program year. 

4 ‘‘(2) Each report under paragraph (1) shall in5 clude, for the Academy program year covered by the 

6 report, the following: 

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

8 and other sexual offenses involving cadets or 

9 other Academy personnel that have been re10 ported to Academy officials during the program 

11 year and, of those reported cases, the number 

12 that have been substantiated. 

13 ‘‘(B) The policies, procedures, and proc14 esses implemented by the Commandant and the 

15 leadership of the Academy in response to sexual 

16 harassment and sexual violence involving cadets 

17 or other Academy personnel during the pro18 gram year. 

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

20 taken in the following Academy program year 

21 regarding prevention of and response to sexual 

22 harassment and sexual violence involving cadets 

23 or other Academy personnel. 

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

25 Academy program year that begins in an odd-numVerDate Mar 15 2010 00:31 Sep 03, 2011 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2838.IH H2838

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1 bered calendar year shall include the results of the 

2 survey conducted in that program year under sub3 section (c)(2). 

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

5 Board of Visitors of the Academy each report re6 ceived by the Commandant under this subsection, to7 gether with the Commandant’s comments on the re8 port. 

9 ‘‘(B) The Commandant shall transmit each 

10 such report, together with the Commandant’s com11 ments on the report, to the Committee on Com12 merce, Science, and Transportation of the Senate 

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

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

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

17 and the item relating to such section in the table of con18 tents in section 1(b) of such Act, are repealed. 

19 (c) TECHNICAL AND CLERICAL AMENDMENTS.—The 

20 analysis at the beginning of such chapter is amended by 

21 adding at the end the following: 

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

22 SEC. 203. APPOINTMENTS OF PERMANENT COMMISSIONED 

23 OFFICERS. 

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

25 amended by adding at the end the following: 


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1 ‘‘(d) For the purposes of this section, the term ‘origi2 nal’, with respect to the appointment of a member of the 

3 Coast Guard refers to that member’s most recent appoint4 ment in the Coast Guard that is neither a promotion nor 

5 a demotion.’’. 

6 SEC. 204. MINOR CONSTRUCTION. 

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

8 States Code, is amended by adding at the end the fol9 lowing: 

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

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

12 forth in paragraph (2), the Secretary may expend 

13 not more than $1,500,000 from amounts available 

14 for the operating expenses of the Coast Guard for 

15 minor construction and improvement projects at any 

16 one location. 

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

18 each fiscal year, the Secretary shall submit, to the 

19 Committee on Commerce, Science, and Transpor20 tation of the Senate and the Committee on Trans21 portation and Infrastructure of the House of Rep22 resentatives, a report on each project undertaken 

23 during the course of the preceding fiscal year, for 

24 which the amount expended under paragraph (1) ex25 ceeded $500,000.’’. 


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1 (b) CLERICAL AMENDMENT.— 

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

3 is further amended in the heading by inserting be4 fore the period at the end the following: ‘‘; use of 

5 moneys appropriated for operating ex6 penses for minor construction and im7 provement’’. 

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

9 of such title is amended in the item relating to sec10 tion 656 by striking ‘‘waters.’’ and inserting ‘‘wa11 ters; use of moneys appropriated for operating ex12 penses for minor construction and improvement.’’. 

13 SEC. 205. TREATMENT OF REPORTS OF AIRCRAFT ACCI14 DENT INVESTIGATIONS. 

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

16 States Code, is amended by adding at the end the fol17 lowing: 

18 ‘‘§ 678. Treatment of reports of aircraft accident in19 vestigations 

20 ‘‘(a) IN GENERAL.—Whenever the Commandant con21 ducts an accident investigation of an accident involving an 

22 aircraft under the jurisdiction of the Commandant, the 

23 records and report of the investigation shall be treated in 

24 accordance with this section. 


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1 ‘‘(b) PUBLIC DISCLOSURE OF CERTAIN ACCIDENT

2 INVESTIGATION INFORMATION.— 

3 ‘‘(1) Subject to paragraph (2), the Com4 mandant, upon request, shall publicly disclose un5 classified tapes, scientific reports, and other factual 

6 information pertinent to an aircraft accident inves7 tigation. 

8 ‘‘(2) The Commandant shall not disclose the in9 formation requested in paragraph (1) unless the 

10 Commandant determines— 

11 ‘‘(A) that such tapes, reports, or other in12 formation would be included within and releas13 able with the final accident investigation report; 

14 and 

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

16 other information— 

17 ‘‘(i) would not undermine the ability 

18 of accident or safety investigators to con19 tinue to conduct the investigation; and 

20 ‘‘(ii) would not compromise national 

21 security. 

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

23 be made by or through officials with responsibility 

24 for, or who are conducting, a safety investigation 

25 with respect to the accident. 


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1 ‘‘(c) OPINIONS REGARDING CAUSATION OF ACCI2 DENT.—Following an aircraft accident referred to in sub3 section (a)— 

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

5 sufficient for the investigators who conduct the acci6 dent investigation to come to an opinion as to the 

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

8 the accident investigation shall set forth the opinion 

9 of the investigators as to the cause or causes of the 

10 accident; and 

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

12 not sufficient for the investigators to come to an 

13 opinion as to the cause or causes of the accident, the 

14 final report of the accident investigation shall in15 clude a description of those factors, if any, that, in 

16 the opinion of the investigators, substantially con17 tributed to or caused the accident. 

18 ‘‘(d) USE OF INFORMATION IN CIVIL PRO19 CEEDINGS.—For purposes of any civil or criminal pro20 ceeding arising from an aircraft accident referred to in 

21 subsection (a), any opinion of the accident investigators 

22 as to the cause of, or the factors contributing to, the acci23 dent set forth in the accident investigation report may not 

24 be considered as evidence in such proceeding, nor may 


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1 such report be considered an admission of liability by the 

2 United States or by any person referred to in such report. 

3 ‘‘(e) REGULATIONS.—The Commandant shall pre4 scribe regulations to carry out this section. 

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

6 ‘‘(1) the term ‘accident investigation’ means 

7 any form of investigation by Coast Guard personnel 

8 of an aircraft accident referred to in subsection (a), 

9 other than a safety investigation; and 

10 ‘‘(2) the term ‘safety investigation’ means an 

11 investigation by Coast Guard personnel of an air12 craft accident referred to in subsection (a), that is 

13 conducted solely to determine the cause of the acci14 dent and to obtain information that may prevent the 

15 occurrence of similar accidents.’’. 

16 (b) CLERICAL AMENDMENT.—The analysis at the be17 ginning of such chapter is amended by adding at the end 

18 the following: 

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

19 SEC. 206. ACQUISITION WORKFORCE EXPEDITED HIRING 

20 AUTHORITY. 

21 Section 404 of the Coast Guard Authorization Act 

22 of 2010 (Public Law 111–281; 124 Stat. 2950) is amend23 ed— 

24 (1) in subsection (a)(1), by striking ‘‘as short25 age category positions;’’ and inserting ‘‘as positions 


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1 for which there exists a shortage of candidates or 

2 there is a critical hiring need;’’; and 

3 (2) in subsection (b)— 

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

5 ‘‘section’’; and 

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

7 ‘‘2015.’’. 

8 SEC. 207. COAST GUARD HOUSING REPORT. 

9 In conjunction with the transmittal by the President 

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

11 the Commandant of the Coast Guard shall submit to the 

12 Committee on Commerce, Science, and Transportation of 

13 the Senate and the Committee on Transportation and In14 frastructure of the House of Representatives a report on 

15 the status of Coast Guard servicemember housing, includ16 ing— 

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

18 needs requirements; 

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

20 Guard’s current housing inventory, including both 

21 leased and owned property; 

22 (3) an assessment of housing available for 

23 Coast Guard use from surrounding communities and 

24 other government agencies for all duty stations; 


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1 (4) a list of housing capacity shortfalls and ex2 cess; and 

3 (5) a revised prioritized list of housing mainte4 nance and recapitalization projects. 

5 TITLE III—COAST GUARD 

6 REFORM 

7 SEC. 301. REPEALS. 

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

9 United State Code, and the item relating to such section 

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

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

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

13 section in the analysis for chapter 5 of such title, are re14 pealed. 

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

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

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

18 (d) DETAIL OF MEMBERS TO ASSIST FOREIGN GOV19 ERNMENTS.—Section 149(a) of title 14, United States 

20 Code, is amended by striking the second and third sen21 tences. 

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

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

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


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

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

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

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

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

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

7 SEC. 302. INTERFERENCE WITH COAST GUARD TRANS8 MISSIONS. 

9 Section 88 of title 14, United States Code, is amend10 ed by adding the following: 

11 ‘‘(e) An individual who knowingly and willfully oper12 ates a device that interferes with the broadcast or recep13 tion of a radio, microwave, or other signal (including a 

14 signal from a global positioning system) transmitted, re15 transmitted, or augmented by the Coast Guard for the 

16 purpose of maritime safety is— 

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

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

19 $1,000 per day for each violation.’’. 

20 SEC. 303. NATIONAL SECURITY CUTTERS. 

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

22 14, United States Code is amended by adding at the end 

23 the following new section: 


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1 ‘‘§ 569a. National security cutters 

2 ‘‘The Commandant may not acquire a sixth national 

3 security cutter on any date before which the Com4 mandant— 

5 ‘‘(1) has selected an offshore patrol cutter that 

6 meets at least the minimum operational require7 ments set out in the Operational Requirements Doc8 ument approved by the Department in October 20, 

9 2010; 

10 ‘‘(2) has acquired a sufficient number of Long 

11 Range Interceptor II and Cutter Boat Over the Ho12 rizon IV small boats for each of the first five na13 tional security cutters; 

14 ‘‘(3) has achieved the goal of 225 days away 

15 from homeport for each of the first three national 

16 security cutters; and 

17 ‘‘(4) has submitted to the Committee on Com18 merce, Science, and Transportation of the Senate 

19 and the Committee on Transportation and Infra20 structure of the House of Representatives a program 

21 execution plan detailing increased aerial coverage to 

22 support national security cutter operations.’’. 

23 (b) CLERICAL AMENDMENT.—The analysis at the be24 ginning of such chapter is amended by adding at the end 

25 of the items relating to such subchapter the following: 

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


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1 SEC. 304. MAJOR ACQUISITIONS REPORT. 

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

3 14, United States Code, is further amended by adding at 

4 the end the following: 

5 ‘‘§ 569b. Major acquisitions report 

6 ‘‘(a) MAJOR ACQUISITION PROGRAMS IMPLEMENTA7 TION REPORT.—In conjunction with the transmittal by 

8 the President of the budget of the United States for fiscal 

9 year 2013 and every two fiscal years thereafter, the Sec10 retary shall submit to the Committee on Commerce, 

11 Science, and Transportation of the Senate and the Com12 mittee on Transportation and Infrastructure of the House 

13 of Representatives a report on the status of all major ac14 quisition programs. 

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

16 shall include for each major acquisition program— 

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

18 needs and performance goals for such program, in19 cluding a justification for any change to those needs 

20 and goals from any report previously submitted 

21 under this subsection; 

22 ‘‘(2) a justification for how the projected num23 ber and capabilities of each planned acquisition pro24 gram asset meets those mission needs and perform25 ance goals; 


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

2 hour gaps, accompanied by an explanation on how 

3 and when the Coast Guard will close those gaps; 

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

5 program, including— 

6 ‘‘(A) any changes to the timeline for the 

7 acquisition of each new asset and the phase out 

8 of legacy assets; and 

9 ‘‘(B) any changes to the costs of new as10 sets and legacy assets for that fiscal year, fu11 ture fiscal years, or the total acquisition cost; 

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

13 program fulfills the mission needs and performance 

14 goals of the Coast Guard; 

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

16 planning for the integration of each new asset ac17 quired under such program into the Coast Guard, 

18 including needs related to shore-based infrastructure 

19 and human resources; 

20 ‘‘(7) an identification of how funds in that fis21 cal year’s budget request will be allocated, including 

22 information on the purchase of specific assets; 

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

24 lifespan and lifecycle cost of each legacy asset that 

25 also identifies any anticipated resource gaps; 


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

2 the legacy assets are being accounted for within such 

3 program; 

4 ‘‘(10) an annual performance comparison of 

5 new assets to legacy assets; and 

6 ‘‘(11) an identification of the scope of the an7 ticipated acquisitions workload for the next fiscal 

8 year and a determination on the adequacy of the 

9 current acquisition workforce to meet that antici10 pated workload, including the specific positions that 

11 are or will be understaffed, and actions that will be 

12 taken to correct such understaffing. 

13 ‘‘(c) CUTTERS NOT MAINTAINED IN CLASS.—Each 

14 report under subsection (a) shall identify which, if any, 

15 Coast Guard cutters that have been issued a certificate 

16 of classification by the American Bureau of Shipping have 

17 not been maintained in class with an explanation detailing 

18 the reasons why they have not been maintained in class. 

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

20 the term ‘major acquisition program’ means an ongoing 

21 acquisition undertaken by the Coast Guard with a life22 cycle cost estimate greater than or equal to 

23 $300,000,000.’’. 

24 (b) CLERICAL AMENDMENT.—The analysis at the be25 ginning of such chapter is further amended by adding at 


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1 the end of the items relating to such subchapter the fol2 lowing: 

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

3 (c) REPEAL.— 

4 (1) Section 408 of the Coast Guard and Mari5 time Transportation Act of 2006 (120 Stat. 537) is 

6 amended by striking subsection (a). 

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

8 (A) in section 562, by striking subsection 

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

10 (e) and (f), respectively; and 

11 (B) in section 573(c)(3), by striking sub12 paragraph (B). 

13 SEC. 305. ENVIRONMENTAL COMPLIANCE AND RESTORA14 TION BACKLOG. 

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

16 States Code, is amended to read as follows: 

17 ‘‘§ 693. Annual report to Congress 

18 ‘‘The Commandant of the Coast Guard shall submit 

19 to the Committee on Transportation and Infrastructure 

20 of the House of Representatives and the Committee on 

21 Commerce, Science, and Transportation of the Senate the 

22 prioritized list of projects eligible for environmental com23 pliance and restoration funding for each fiscal year con24 current with the President’s budget submission for that 

25 fiscal year.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for chap2 ter 19 of such title is amended by striking the item for 

3 such section and inserting the following: 

‘‘693. Annual report to Congress.’’. 

4 SEC. 306. COAST GUARD AUXILIARIST ENROLLMENT ELIGI5 BILITY. 

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

7 amended by inserting ‘‘and aliens lawfully admitted for 

8 permanent residence, as defined in section 101(a)(20) of 

9 the Immigration and Nationality Act (8 U.S.C. 1101 

10 (a)(20)),’’ after ‘‘possessions,’’. 

11 SEC. 307. DECOMMISSIONINGS. 

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

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

14 Coast Guard shall decommission the USCGC POLAR 

15 SEA (WAGB 11). 

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

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

18 Coast Guard shall decommission the USCGC POLAR 

19 STAR (WAGB 10). 

20 SEC. 308. ASSESSMENT OF NEEDS FOR ADDITIONAL COAST 

21 GUARD PRESENCE IN HIGH LATITUDE RE22 GIONS. 

23 Not later than 60 days after the date of enactment 

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

25 Coast Guard is operating shall submit a report to the 


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1 Committee on Commerce, Science, and Transportation of 

2 the Senate and the Committee on Transportation and In3 frastructure of the House of Representatives assessing the 

4 need for additional Coast Guard prevention and response 

5 capability in the high latitude regions. The assessment 

6 shall address needs for all Coast Guard mission areas, in7 cluding search and rescue, marine pollution response and 

8 prevention, fisheries enforcement, and maritime com9 merce. The Secretary shall include in the report— 

10 (1) an assessment of the high latitude operating 

11 capabilities of all current Coast Guard assets other 

12 than icebreakers, including assets acquired under 

13 the Deepwater program; 

14 (2) an assessment of projected needs for Coast 

15 Guard forward operating bases in the high latitude 

16 regions; and 

17 (3) an assessment of shore infrastructure, per18 sonnel, logistics, communications, and resources re19 quirements to support Coast Guard forward oper20 ating bases in the high latitude regions. 

21 SEC. 309. LIMITATION ON EXPENDITURES. 

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

23 amended by adding at the end the following: 


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1 ‘‘(3) The amount of funds used under this sub2 section may not exceed $100,000 in any fiscal 

3 year.’’. 

4 TITLE IV—SHIPPING AND 

5 NAVIGATION 

6 SEC. 401. COMMITTEE ON THE MARINE TRANSPORTATION 

7 SYSTEM. 

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

9 States Code, is amended by adding at the end the fol10 lowing: 

11 ‘‘§ 55502. Committee on the Marine Transportation 

12 System 

13 ‘‘(a) ESTABLISHMENT.—There is established a Com14 mittee on the Marine Transportation System (in this sec15 tion referred to as the ‘Committee’). 

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

17 ‘‘(1) assess the adequacy of the marine trans18 portation system (including ports, waterways, chan19 nels, and their intermodal connections); 

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

21 an efficient marine transportation system; and 

22 ‘‘(3) coordinate policies among Federal agencies 

23 to promote an efficient marine transportation sys24 tem. 

25 ‘‘(c) MEMBERSHIP.— 


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1 ‘‘(1) IN GENERAL.—The Committee shall con2 sist of the Secretary of Transportation, the Sec3 retary of Defense, the Secretary of Homeland Secu4 rity, the Secretary of Commerce, the Secretary of 

5 the Treasury, the Secretary of State, the Secretary 

6 of the Interior, the Secretary of Agriculture, the At7 torney General, the Secretary of Labor, the Sec8 retary of Energy, the Administrator of the Environ9 mental Protection Agency, the Chairman of the Fed10 eral Maritime Commission, and the head of any 

11 other Federal agency that the Committee Chair, 

12 with the approval of a majority of the voting mem13 bers of the Committee, determines can further the 

14 purpose and activities of the Committee. 

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

16 may also consist of so many nonvoting members as 

17 the Committee Chair, with the approval of a major18 ity of the voting members of the Committee, deter19 mines is appropriate to further the purpose and ac20 tivities of the Committee. 

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

22 shall rotate each year among the Secretary of Trans23 portation, the Secretary of Defense, the Secretary of 

24 Homeland Security, and the Secretary of Commerce. 

25 The order of rotation shall be determined with the 


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1 approval of a majority of the voting members of the 

2 Committee. 

3 ‘‘(d) SUPPORT.— 

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

5 the Committee may select a senior level representa6 tive to serve on a coordinating board which shall as7 sist the Committee in carrying out its purpose and 

8 activities. 

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

10 Transportation, in consultation with the Secretary of 

11 Defense, the Secretary of Homeland Security, and 

12 the Secretary of Commerce, shall select an executive 

13 director to assist the Committee in carrying out its 

14 purpose and activities. 

15 ‘‘(e) MARINE TRANSPORTATION SYSTEM ASSESS16 MENT AND STRATEGY.—Not later than one year after the 

17 date of enactment of this Act and every 5 years thereafter, 

18 the Committee shall provide a report to Congress which 

19 includes— 

20 ‘‘(1) steps taken to implement actions rec21 ommended in the July 2008 ‘National Strategy for 

22 the Marine Transportation System: A Framework 

23 for Action’; 

24 ‘‘(2) an assessment of the condition of the ma25 rine transportation system; 


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

2 faces in meeting user demand; 

3 ‘‘(4) a plan with recommended actions for im4 proving the marine transportation system to meet 

5 current and future challenges; and 

6 ‘‘(5) steps taken to implement actions rec7 ommended in previous reports required under this 

8 subsection. 

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

10 and activities, the Committee may consult with the Marine 

11 Transportation System National Advisory Council, inter12 ested parties, and the public.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 at the beginning of such chapter is amended by inserting 

15 after the item relating to section 31309 the following: 

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

16 SEC. 402. REPORT ON DETERMINATIONS. 

17 Not later than 180 days after the date of enactment 

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

19 Coast Guard is operating shall provide to the Committee 

20 on Transportation and Infrastructure of the House of 

21 Representatives and the Committee on Commerce, 

22 Science, and Transportation of the Senate a report on— 

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

24 industrial base expertise as a result of rebuild, con25 version, and double-hull work on United States-flag 


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1 vessels eligible to engage in the coastwise trade 

2 being performed in foreign shipyards; 

3 (2) enforcement of the Coast Guard’s foreign 

4 rebuild determination regulations; and 

5 (3) recommendations for improving the trans6 parency in the Coast Guard’s foreign rebuild deter7 mination process. 

8 SEC. 403. DOCKSIDE EXAMINATIONS. 

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

10 states Code, is amended— 

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

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

13 years’’; 

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

15 end of paragraph (1); 

16 (3) by striking the period at the end of para17 graph (2) and inserting ‘‘; and’’; and 

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

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

20 dockside vessel under this section no later than Oc21 tober 15, 2015.’’. 

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

23 United States Code, is amended by striking ‘‘a publicly 

24 accessible’’ and inserting ‘‘an’’. 


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1 SEC. 404. INVESTIGATION OF MARINE CASUALTIES. 

2 Section 6301 of title 46, United States Code, is 

3 amended by striking ‘‘The Secretary shall prescribe regu4 lations for the immediate investigation of’’ and inserting 

5 ‘‘The Secretary shall investigate’’. 

6 SEC. 405. RECOURSE FOR NONCITIZENS. 

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

8 amended— 

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

10 the first sentence; and 

11 (2) by adding at the end the following new sub12 section: 

13 ‘‘(b) RECOURSE FOR NONRESIDENT ALIEN SEAMEN

14 EMPLOYED ON FOREIGN PASSENGER VESSELS.—A claim 

15 for damages or expenses relating to personal injury, ill16 ness, or death of a seaman who is a citizen of a foreign 

17 nation, arising during or from the engagement of the sea18 man by or for a passenger vessel duly registered under 

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

20 the laws of the United States if— 

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

22 alien of the United States at the time the claim 

23 arose; 

24 ‘‘(2) the injury, illness, or death occurred on 

25 the high seas or in the territorial waters of a nation 

26 other than the United States; and 


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1 ‘‘(3) the seaman or the seaman’s personal rep2 resentative has or had a right to seek compensation 

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

4 of— 

5 ‘‘(A) the nation in which the vessel was 

6 registered at the time the claim arose; or 

7 ‘‘(B) the nation in which the seaman main8 tained citizenship or residency at the time the 

9 claim arose.’’. 

10 SEC. 406. MARITIME LIENS ON FISHING PERMITS. 

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

12 title 46, United States Code, is amended by adding at the 

13 end the following: 

14 ‘‘§ 31310. Limitation on maritime liens on fishing per15 mit and permit description 

16 ‘‘(a) IN GENERAL.—This chapter— 

17 ‘‘(1) does not establish a maritime lien on a 

18 permit that— 

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

20 to engage in fishing; and 

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

22 and 

23 ‘‘(2) does not authorize any civil action to en24 force a maritime lien on such a permit. 


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1 ‘‘(b) FISHING PERMIT DESCRIBED.—A fishing per2 mit— 

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

4 law under which it was issued; and 

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

6 as an appurtenance or intangible of a vessel for any 

7 purpose. 

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

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

10 imposing any limitation upon the authority of the Sec11 retary of Commerce to modify, suspend, revoke, or sanc12 tion any Federal fishery permit issued by the Secretary 

13 of Commerce or to bring a civil action to enforce such 

14 modification, suspension, revocation, or sanction.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 at the beginning of such chapter is amended by inserting 

17 after the item relating to section 31309 the following: 

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

18 SEC. 407. SHORT SEA TRANSPORTATION. 

19 (a) PURPOSE OF PROGRAM AND PROJECTS; REAU20 THORIZATION; TERMINATION.—Section 55601 of title 46, 

21 United States Code, is amended— 

22 (1) in subsection (a), by striking ‘‘landside con23 gestion.’’ and inserting ‘‘landside congestion and to 

24 promote increased use of the navigable waters of the 


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1 United States for transportation of passengers or 

2 freight (or both).’’; 

3 (2) in subsection (c), by inserting ‘‘and to pro4 mote waterborne transportation between ports with5 in the United States’’ after ‘‘coastal corridors’’; 

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

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

8 of the subsection and inserting ‘‘that the project 

9 uses documented vessels and— 

10 ‘‘(1) mitigates landside congestion; or 

11 ‘‘(2) promotes waterborne transportation be12 tween ports of the United States.’’; 

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

14 subsection (g) as subsection (f); 

15 (5) in subsection (f), as so redesignated, by 

16 adding at the end the following— 

17 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

18 There is authorized to be appropriated not more 

19 than $5,000,000 for each of the fiscal years 2012 

20 through fiscal year 2017 for grants under this sub21 section.’’; and 

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

23 ‘‘(g) TERMINATION OF AUTHORITY.—Authority 

24 granted to the Secretary under this section shall terminate 

25 September 30, 2017.’’. 


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1 (b) SHORT SEA TRANSPORTATION DEFINITION.— 

2 Section 55605 of title 46, United States Code, is amended 

3 by striking ‘‘means the carriage by vessel of cargo—’’ and 

4 inserting ‘‘means the carriage of passengers or freight (or 

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

6 States—’’. 

7 SEC. 408. MISSION OF THE MARITIME ADMINISTRATION. 

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

9 amended— 

10 (1) in the section heading by striking ‘‘Orga11 nization’’ and inserting ‘‘Organization and 

12 mission’’; and 

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

14 mission of the Maritime Administration is to foster, 

15 promote, and develop the domestic merchant mari16 time industry of the United States.’’. 

17 TITLE V—FEDERAL MARITIME 

18 COMMISSION 

19 SEC. 501. AUTHORIZATION OF APPROPRIATIONS. 

20 Section 501 of the Coast Guard and Maritime Trans21 portation Act of 2004 (Public Law 108–293; 118 Stat. 

22 1049) is amended by striking ‘‘Commission—’’ and all 

23 that follows through the period at the end of the section 

24 and inserting ‘‘Commission for each of the fiscal years 

25 2012 through 2015, $22,100,000.’’. 


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1 TITLE VI—MISCELLANEOUS 

2 SEC. 601. TECHNICAL CORRECTIONS. 

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

4 amended— 

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

6 and 

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

8 thereafter,’’. 

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

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

11 124 Stat. 3012) is amended to read as follows: 

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

13 ‘‘The Commandant of the Coast Guard shall submit 

14 to the Committee on Commerce, Science, and Transpor15 tation of the Senate and the Committee on Transportation 

16 and Infrastructure of the House of Representatives a com17 prehensive study on the construction or alteration of any 

18 bridge, drawbridge, or causeway over the navigable waters 

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

20 greater that may impede or obstruct future navigation to 

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

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

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

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

25 2011.’’. 


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1 SEC. 602. REPORT ON COAST GUARD MERCHANT MARINER 

2 MEDICAL EVALUATION PROGRAM. 

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

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

5 Coast Guard shall submit to the Committee on Transpor6 tation and Infrastructure of the House of Representatives 

7 and the Committee on Commerce, Science, and Transpor8 tation of the Senate a report on the Coast Guard National 

9 Maritime Center’s merchant mariner medical evaluation 

10 program and alternatives to the program. 

11 (b) CONTENTS.—The report required under sub12 section (a) shall include the following: 

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

14 for making medical certification determinations for 

15 issuance of merchant mariners’ documents. 

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

17 Federal Motor Carrier Safety Administration’s Na18 tional Registry of Certified Medical Examiners pro19 gram, and the Federal Aviation Administration’s 

20 Designated Aviation Medical Examiners program, 

21 could be applied by the Coast Guard to make med22 ical fitness determinations for issuance of merchant 

23 mariners’ documents. 

24 (3) An explanation of how the amendments to 

25 the International Convention on Standards of Train26 ing, Certification and Watchkeeping for Seafarers, 


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

2 require changes to the Coast Guard’s merchant mar3 iner medical evaluation program. 

4 SEC. 603. NOTICE OF ARRIVAL. 

5 The regulations required under section 109(a) of 

6 Public Law 109–347 (33 U.S.C. 1223 note) on notice of 

7 arrival for foreign vessels on the Outer Continental Shelf 

8 shall not apply to a vessel documented under section 

9 12105 of title 46, United States Code, unless such vessel 

10 arrives from a foreign port or place. 

Æ 


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