H. R. 2838 

One Hundred Twelfth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the third day of January, two thousand and twelve 

An Act 

To authorize appropriations for the Coast Guard for fiscal years 2013 through 

2014, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Coast Guard 

and Maritime Transportation Act of 2012’’. 

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

is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—AUTHORIZATION 

Sec. 101. Authorization of appropriations. 

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

TITLE II—COAST GUARD 

Sec. 201. Interference with Coast Guard transmissions. 

Sec. 202. Coast Guard authority to operate and maintain Coast Guard assets. 

Sec. 203. Limitation on expenditures. 

Sec. 204. Academy pay, allowances, and emoluments. 

Sec. 205. Policy on sexual harassment and sexual violence. 

Sec. 206. Appointments of permanent commissioned officers. 

Sec. 207. Selection boards; oath of members. 

Sec. 208. Special selection boards; correction of errors. 

Sec. 209. Prohibition of certain involuntary administrative separations. 

Sec. 210. Major acquisitions. 

Sec. 211. Advance procurement funding. 

Sec. 212. Minor construction. 

Sec. 213. Capital investment plan and annual list of projects to Congress. 

Sec. 214. Aircraft accident investigations. 

Sec. 215. Coast Guard Auxiliary enrollment eligibility. 

Sec. 216. Repeals. 

Sec. 217. Technical corrections to title 14. 

Sec. 218. Acquisition workforce expedited hiring authority. 

Sec. 219. Renewal of temporary early retirement authority. 

Sec. 220. Response Boat-Medium procurement. 

Sec. 221. National Security Cutters. 

Sec. 222. Coast Guard polar icebreakers. 

TITLE III—SHIPPING AND NAVIGATION 

Sec. 301. Identification of actions to enable qualified United States flag capacity to 

meet national defense requirements. 

Sec. 302. Limitation of liability for non-Federal vessel traffic service operators. 

Sec. 303. Survival craft. 

Sec. 304. Classification societies. 

Sec. 305. Dockside examinations. 

Sec. 306. Authority to extend the duration of medical certificates. 

Sec. 307. Clarification of restrictions on American Fisheries Act vessels. 

Sec. 308. Investigations by Secretary. 

Sec. 309. Penalties. 
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Sec. 310. United States Committee on the Marine Transportation System. 

Sec. 311. Technical correction to title 46. 

Sec. 312. Deepwater ports. 

TITLE IV—MARITIME ADMINISTRATION AUTHORIZATION 

Sec. 401. Short title. 

Sec. 402. Authorization of appropriations for national security aspects of the merchant marine for fiscal year 2013. Sec. 403. Maritime environmental and technical assistance. 

Sec. 404. Property for instructional purposes. 

Sec. 405. Short sea transportation. 

Sec. 406. Limitation of National Defense Reserve Fleet vessels to those over 1,500 

gross tons. Sec. 407. Transfer of vessels to the National Defense Reserve Fleet. 

Sec. 408. Clarification of heading. 

Sec. 409. Mission of the Maritime Administration. 

Sec. 410. Amendments relating to the National Defense Reserve Fleet. 

Sec. 411. Requirement for barge design. 

Sec. 412. Container-on-barge transportation. 

Sec. 413. Department of Defense national strategic ports study and Comptroller 

General studies and reports on strategic ports. Sec. 414. Maritime workforce study. 

Sec. 415. Maritime Administration vessel recycling contract award practices. 

TITLE V—PIRACY 

Sec. 501. Short title. 

Sec. 502. Training for use of force against piracy. 

Sec. 503. Security of Government-impelled cargo. 

Sec. 504. Actions taken to protect foreign-flagged vessels from piracy. 

TITLE VI—MARINE DEBRIS 

Sec. 601. Short title. 

Sec. 602. Short title amendment; references. 

Sec. 603. Purpose. 

Sec. 604. NOAA Marine Debris Program. 

Sec. 605. Repeal of obsolete provisions. 

Sec. 606. Coordination. 

Sec. 607. Confidentiality of submitted information. 

Sec. 608. Definitions. 

Sec. 609. Severe marine debris event determination. 

TITLE VII—MISCELLANEOUS 

Sec. 701. Distant water tuna fleet. 

Sec. 702. Technical corrections. 

Sec. 703. Extension of moratorium. 

Sec. 704. Notice of arrival. 

Sec. 705. Waivers. 

Sec. 706. National Response Center notification requirements. 

Sec. 707. Vessel determinations. 

Sec. 708. Mille Lacs Lake, Minnesota. 

Sec. 709. Transportation Worker Identification Credential process reform. 

Sec. 710. Investment amount. 

Sec. 711. Integrated cross-border maritime law enforcement operations between the 

United States and Canada. 

Sec. 712. Bridge permits. 

Sec. 713. Tonnage of Aqueos Acadian. 

Sec. 714. Navigability determination. 

Sec. 715. Coast Guard housing. 

Sec. 716. Assessment of needs for additional Coast Guard presence in high-latitude 

regions. Sec. 717. Potential Place of Refuge. 

Sec. 718. Merchant mariner medical evaluation program. 

Sec. 719. Determinations. 

Sec. 720. Impediments to the United States-flag registry. 

Sec. 721. Arctic deepwater seaport. 

Sec. 722. Risk assessment of transporting Canadian oil sands. 

TITLE I—AUTHORIZATION 

SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

Funds are authorized to be appropriated for each of fiscal 

years 2013 and 2014 for necessary expenses of the Coast Guard 

as follows: 
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(1) For the operation and maintenance of the Coast 

Guard— 

(A) $6,882,645,000 for fiscal year 2013; and 

(B) $6,981,036,000 for fiscal year 2014; 

of which $24,500,000 is authorized each fiscal year to be derived 

from the Oil Spill Liability Trust Fund to carry out the purposes 

of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 

2712(a)(5)). 

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

improvement of aids to navigation, shore and offshore facilities, 

vessels, and aircraft, including equipment related thereto— 

(A) $1,545,312,000 for fiscal year 2013; and 

(B) $1,546,448,000 for fiscal year 2014; 

to remain available until expended and of which $20,000,000 

is authorized each fiscal year to be derived from the Oil Spill 

Liability Trust Fund to carry out the purposes of section 

1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)). 

(3) For the Coast Guard Reserve program, including personnel and training costs, equipment, and services— 

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

(B) $140,016,000 for fiscal year 2014. 

(4) For environmental compliance and restoration of Coast 

Guard vessels, aircraft, and facilities (other than parts and 

equipment associated with operation and maintenance)— 

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

(B) $16,701,000 for fiscal year 2014; 

to remain available until expended. 

(5) To the Commandant of the Coast Guard for research, 

development, test, and evaluation of technologies, materials, 

and human factors directly related to improving the performance of the Coast Guard’s mission with respect to search and 

rescue, aids to navigation, marine safety, marine environmental 

protection, enforcement of laws and treaties, ice operations, 

oceanographic research, and defense readiness— 

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

(B) $19,890,000 for fiscal year 2014. 

(6) For alteration or removal of bridges over navigable 

waters of the United States constituting obstructions to navigation, and for personnel and administrative costs associated 

with the Alteration of Bridges Program— 

(A) $16,000,000 for fiscal year 2013; and 

(B) $16,000,000 for fiscal year 2014. 

SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND 

TRAINING. 

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

an end-of-year strength for active duty personnel of 47,000 for 

each of fiscal years 2013 and 2014. 

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

is authorized average military training student loads for each of 

fiscal years 2013 and 2014 as follows: 

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

(2) For flight training, 165 student years. 

(3) For professional training in military and civilian institutions, 350 student years. 

(4) For officer acquisition, 1,200 student years. 
H. R. 2838—4 

TITLE II—COAST GUARD 

SEC. 201. INTERFERENCE WITH COAST GUARD TRANSMISSIONS. 

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

adding at the end the following: 

‘‘(e) An individual who knowingly and willfully operates a device 

with the intention of interfering with the broadcast or reception 

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

a global positioning system) transmitted, retransmitted, or augmented by the Coast Guard for the purpose of maritime safety 

is— 

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

‘‘(2) subject to a civil penalty of not more than $1,000 

per day for each violation.’’. 

SEC. 202. COAST GUARD AUTHORITY TO OPERATE AND MAINTAIN 

COAST GUARD ASSETS. 

Section 93 of title 14, United States Code, is amended by 

adding at the end the following: 

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

AND FACILITIES.—All authority, including programmatic budget 

authority, for the operation and maintenance of Coast Guard vessels, aircraft, systems, aids to navigation, infrastructure, and other 

assets or facilities shall be allocated to and vested in the Coast 

Guard and the department in which the Coast Guard is operating.’’. 

SEC. 203. LIMITATION ON EXPENDITURES. 

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

by adding at the end the following: 

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

SEC. 204. ACADEMY PAY, ALLOWANCES, AND EMOLUMENTS. 

Section 195 of title 14, United States Code, is amended— 

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

‘‘foreign national’’; and 

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

and inserting ‘‘pay, allowances, and emoluments’’. 

SEC. 205. POLICY ON SEXUAL HARASSMENT AND SEXUAL VIOLENCE. 

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

is amended by adding at the end the following: 

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

‘‘(a) REQUIRED POLICY.—The Commandant of the Coast Guard 

shall direct the Superintendent of the Coast Guard Academy to 

prescribe a policy on sexual harassment and sexual violence 

applicable to the cadets and other personnel of the Academy. 

‘‘(b) MATTERS TO BE SPECIFIED IN POLICY.—The policy on sexual 

harassment and sexual violence under this section shall include 

specification of the following: 

‘‘(1) Programs to promote awareness of the incidence of 

rape, acquaintance rape, and other sexual offenses of a criminal 

nature that involve cadets or other Academy personnel. 

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

Academy will protect the confidentiality of victims of sexual 

harassment or sexual violence, including how any records, 
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statistics, or reports intended for public release will be formatted such that the confidentiality of victims is not jeopardized. 

‘‘(3) Procedures that cadets and other Academy personnel 

should follow in the case of an occurrence of sexual harassment 

or sexual violence, including— 

‘‘(A) if the victim chooses to report an occurrence of 

sexual harassment or sexual violence, a specification of 

the person or persons to whom the alleged offense should 

be reported and options for confidential reporting, including 

written information to be given to victims that explains 

how the Coast Guard and the Academy will protect the 

confidentiality of victims; 

‘‘(B) a specification of any other person whom the 

victim should contact; and 

‘‘(C) procedures on the preservation of evidence potentially necessary for proof of criminal sexual assault. 

‘‘(4) Procedures for disciplinary action in cases of criminal 

sexual assault involving a cadet or other Academy personnel. 

‘‘(5) Sanctions authorized to be imposed in a substantiated 

case of sexual harassment or sexual violence involving a cadet 

or other Academy personnel, including with respect to rape, 

acquaintance rape, or other criminal sexual offense, whether 

forcible or nonforcible. 

‘‘(6) Required training on the policy for all cadets and 

other Academy personnel who process allegations of sexual 

harassment or sexual violence involving a cadet or other 

Academy personnel. 

‘‘(c) ASSESSMENT.— 

‘‘(1) IN GENERAL.—The Commandant shall direct the Superintendent to conduct at the Academy during each Academy 

program year an assessment to determine the effectiveness 

of the policies of the Academy with respect to sexual harassment and sexual violence involving cadets or other Academy 

personnel. 

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

under paragraph (1) with respect to an Academy program year 

that begins in an odd-numbered calendar year, the Superintendent shall conduct a survey of cadets and other Academy 

personnel— 

‘‘(A) to measure— 

‘‘(i) the incidence, during that program year, of 

sexual harassment and sexual violence events, on or 

off the Academy reservation, that have been reported 

to an official of the Academy; and 

‘‘(ii) the incidence, during that program year, of 

sexual harassment and sexual violence events, on or 

off the Academy reservation, that have not been 

reported to an official of the Academy; and 

‘‘(B) to assess the perceptions of the cadets and other 

Academy personnel with respect to— 

‘‘(i) the Academy’s policies, training, and procedures on sexual harassment and sexual violence 

involving cadets or other Academy personnel; 

‘‘(ii) the enforcement of such policies; 
H. R. 2838—6 

‘‘(iii) the incidence of sexual harassment and sexual 

violence involving cadets or other Academy personnel; 

and 

‘‘(iv) any other issues relating to sexual harassment and sexual violence involving cadets or other 

Academy personnel. 

‘‘(d) REPORT.— ‘‘(1) IN GENERAL.—The Commandant shall direct the Superintendent to submit to the Commandant a report on sexual 

harassment and sexual violence involving cadets or other 

Academy personnel for each Academy program year. 

‘‘(2) REPORT SPECIFICATIONS.—Each report under paragraph 

(1) shall include, for the Academy program year covered by 

the report, the following: 

‘‘(A) The number of sexual assaults, rapes, and other 

sexual offenses involving cadets or other Academy personnel that have been reported to Academy officials during 

the Academy program year and, of those reported cases, 

the number that have been substantiated. 

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

the following Academy program year regarding prevention 

of and response to sexual harassment and sexual violence 

involving cadets or other Academy personnel. 

‘‘(3) BIENNIAL SURVEY.—Each report under paragraph (1) 

for an Academy program year that begins in an odd-numbered 

calendar year shall include the results of the survey conducted 

in that Academy program year under subsection (c)(2). 

‘‘(4) TRANSMISSION OF REPORT.—The Commandant shall 

transmit each report received by the Commandant under this 

subsection, together with the Commandant’s comments on the 

report, to— 

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

Transportation of the Senate; and 

‘‘(B) the Committee on Transportation and Infrastructure of the House of Representatives. 

‘‘(5) FOCUS GROUPS.— ‘‘(A) IN GENERAL.—For each Academy program year 

with respect to which the Superintendent is not required 

to conduct a survey at the Academy under subsection (c)(2), 

the Commandant shall require focus groups to be conducted 

at the Academy for the purposes of ascertaining information 

relating to sexual assault and sexual harassment issues 

at the Academy. 

‘‘(B) INCLUSION IN REPORTS.—Information derived from 

a focus group under subparagraph (A) shall be included 

in the next transmitted Commandant’s report under this 

subsection. 

‘‘(e) VICTIM CONFIDENTIALITY.—To the extent that information 

collected under the authority of this section is reported or otherwise 

made available to the public, such information shall be provided 

in a form that is consistent with applicable privacy protections 

under Federal law and does not jeopardize the confidentiality of 

victims.’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 9 of title 

14, United States Code, is amended by inserting after the item 

relating to section 199 the following: 

‘‘200. Policy on sexual harassment and sexual violence.’’. 
H. R. 2838—7 

SEC. 206. APPOINTMENTS OF PERMANENT COMMISSIONED OFFICERS. 

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

adding at the end the following: 

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

respect to the appointment of a member of the Coast Guard, refers 

to that member’s most recent appointment in the Coast Guard 

that is neither a promotion nor a demotion.’’. 

SEC. 207. SELECTION BOARDS; OATH OF MEMBERS. 

Section 254 of title 14, United States Code, is amended to 

read as follows: 

‘‘§ 254. Selection boards; oath of members 

‘‘Each member of a selection board shall swear— 

‘‘(1) that the member will, without prejudice or partiality, 

and having in view both the special fitness of officers and 

the efficiency of the Coast Guard, perform the duties imposed 

upon the member; and 

‘‘(2) an oath in accordance with section 635.’’. 

SEC. 208. SPECIAL SELECTION BOARDS; CORRECTION OF ERRORS. 

(a) IN GENERAL.—Chapter 11 of title 14, United States Code, 

is amended by inserting after section 262 the following: 

‘‘§ 263. Special selection boards; correction of errors 

‘‘(a) OFFICERS NOT CONSIDERED DUE TO ADMINISTRATIVE

ERROR.— 

‘‘(1) IN GENERAL.—If the Secretary determines that as the 

result of an administrative error— 

‘‘(A) an officer or former officer was not considered 

for selection for promotion by a selection board convened 

under section 251; or 

‘‘(B) the name of an officer or former officer was not 

placed on an all-fully-qualified-officers list; 

the Secretary shall convene a special selection board to determine whether such officer or former officer should be recommended for promotion and such officer or former officer 

shall not be considered to have failed of selection for promotion 

prior to the consideration of the special selection board. 

‘‘(2) EFFECT OF FAILURE TO RECOMMEND FOR PROMOTION.— 

If a special selection board convened under paragraph (1) does 

not recommend for promotion an officer or former officer, whose 

grade is below the grade of captain and whose name was 

referred to that board for consideration, the officer or former 

officer shall be considered to have failed of selection for promotion. 

‘‘(b) OFFICERS CONSIDERED BUT NOT SELECTED; MATERIAL

ERROR.— 

‘‘(1) IN GENERAL.—In the case of an officer or former officer 

who was eligible for promotion, was considered for selection 

for promotion by a selection board convened under section 

251, and was not selected for promotion by that board, the 

Secretary may convene a special selection board to determine 

whether the officer or former officer should be recommended 

for promotion, if the Secretary determines that— 

‘‘(A) an action of the selection board that considered 

the officer or former officer— 
H. R. 2838—8 

‘‘(i) was contrary to law in a matter material to 

the decision of the board; or 

‘‘(ii) involved material error of fact or material 

administrative error; or 

‘‘(B) the selection board that considered the officer 

or former officer did not have before it for consideration 

material information. 

‘‘(2) EFFECT OF FAILURE TO RECOMMEND FOR PROMOTION.— 

If a special selection board convened under paragraph (1) does 

not recommend for promotion an officer or former officer, whose 

grade is that of commander or below and whose name was 

referred to that board for consideration, the officer or former 

officer shall be considered— 

‘‘(A) to have failed of selection for promotion with 

respect to the board that considered the officer or former 

officer prior to the consideration of the special selection 

board; and 

‘‘(B) to incur no additional failure of selection for promotion as a result of the action of the special selection 

board. 

‘‘(c) REQUIREMENTS FOR SPECIAL SELECTION BOARDS.—Each 

special selection board convened under this section shall— 

‘‘(1) be composed in accordance with section 252 and the 

members of the board shall be required to swear the oaths 

described in section 254; 

‘‘(2) consider the record of an applicable officer or former 

officer as that record, if corrected, would have appeared to 

the selection board that should have considered or did consider 

the officer or former officer prior to the consideration of the 

special selection board and that record shall be compared with 

a sampling of the records of— 

‘‘(A) those officers of the same grade who were recommended for promotion by such prior selection board; 

and 

‘‘(B) those officers of the same grade who were not 

recommended for promotion by such prior selection board; 

and 

‘‘(3) submit to the Secretary a written report in a manner 

consistent with sections 260 and 261. 

‘‘(d) APPOINTMENT OF OFFICERS RECOMMENDED FOR PROMOTION.— 

‘‘(1) IN GENERAL.—An officer or former officer whose name 

is placed on a promotion list as a result of the recommendation 

of a special selection board convened under this section shall 

be appointed, as soon as practicable, to the next higher grade 

in accordance with the law and policies that would have been 

applicable to the officer or former officer had the officer or 

former officer been recommended for promotion by the selection 

board that should have considered or did consider the officer 

or former officer prior to the consideration of the special selection board. 

‘‘(2) EFFECT.—An officer or former officer who is promoted 

to the next higher grade as a result of the recommendation 

of a special selection board convened under this section shall 

have, upon such promotion, the same date of rank, the same 

effective date for the pay and allowances of that grade, and 

the same position on the active duty promotion list as the 
H. R. 2838—9 

officer or former officer would have had if the officer or former 

officer had been recommended for promotion to that grade 

by the selection board that should have considered or did consider the officer or former officer prior to the consideration 

of the special selection board. 

‘‘(3) RECORD CORRECTION.—If the report of a special selection board convened under this section, as approved by the 

President, recommends for promotion to the next higher grade 

an officer not eligible for promotion or a former officer whose 

name was referred to the board for consideration, the Secretary 

may act under section 1552 of title 10 to correct the military 

record of the officer or former officer to correct an error or 

remove an injustice resulting from the officer or former officer 

not being selected for promotion by the selection board that 

should have considered or did consider the officer or former 

officer prior to the consideration of the special selection board. 

‘‘(e) APPLICATION PROCESS AND TIME LIMITS.—The Secretary 

shall issue regulations regarding the process by which an officer 

or former officer may apply to have a matter considered by a 

special selection board convened under this section, including time 

limits related to such applications. 

‘‘(f) LIMITATION OF OTHER JURISDICTION.—No official or court 

of the United States shall have authority or jurisdiction over any 

claim based in any way on the failure of an officer or former 

officer to be selected for promotion by a selection board convened 

under section 251, until— 

‘‘(1) the claim has been referred to a special selection board 

convened under this section and acted upon by that board; 

or 

‘‘(2) the claim has been rejected by the Secretary without 

consideration by a special selection board convened under this 

section. 

‘‘(g) JUDICIAL REVIEW.— ‘‘(1) IN GENERAL.—A court of the United States may 

review— 

‘‘(A) a decision of the Secretary not to convene a special 

selection board under this section to determine if the court 

finds that the decision of the Secretary was arbitrary or 

capricious, not based on substantial evidence, or otherwise 

contrary to law; and 

‘‘(B) an action of a special selection board under this 

section to determine if the court finds that the action 

of the special selection board was contrary to law or 

involved material error of fact or material administrative 

error. 

‘‘(2) REMAND AND RECONSIDERATION.—If, with respect to 

a review under paragraph (1), a court makes a finding described 

in subparagraph (A) or (B) of that paragraph, the court shall 

remand the case to the Secretary and the Secretary shall provide the applicable officer or former officer consideration by 

a new special selection board convened under this section. 

‘‘(h) DESIGNATION OF BOARDS.—The Secretary may designate 

a selection board convened under section 251 as a special selection 

board convened under this section. A selection board so designated 

may function in the capacity of a selection board convened under 

section 251 and a special selection board convened under this section.’’. 
H. R. 2838—10 

(b) SELECTION BOARDS; SUBMISSION OF REPORTS.—Section 

261(d) of title 14, United States Code, is amended by striking 

‘‘selection board’’ and inserting ‘‘selection board, including a special 

selection board convened under section 263,’’. 

(c) FAILURE OF SELECTION FOR PROMOTION.—Section 262 of 

title 14, United States Code, is amended to read as follows: 

‘‘§ 262. Failure of selection for promotion 

‘‘An officer, other than an officer serving in the grade of captain, 

who is, or is senior to, the junior officer in the promotion zone 

established for his grade under section 256 of this title, fails of 

selection if he is not selected for promotion by the selection board 

which considered him, or if having been recommended for promotion 

by the board, his name is thereafter removed from the report 

of the board by the President.’’. 

(d) CLERICAL AMENDMENT.—The analysis for chapter 11 of title 

14, United States Code, is amended by inserting after the item 

relating to section 262 the following: 

‘‘263. Special selection boards; correction of errors.’’. 

(e) APPLICABILITY; RULE OF CONSTRUCTION.— 

(1) APPLICABILITY.—The amendments made by this section 

shall take effect on the date of enactment of this Act and 

the Secretary may convene a special selection board on or 

after that date under section 263 of title 14, United States 

Code, with respect to any error or other action for which such 

a board may be convened if that error or other action occurred 

on or after the date that is 1 year before the date of enactment 

of this Act. 

(2) RULE OF CONSTRUCTION.—Sections 271, 272, and 273 

of title 14, United States Code, apply to the activities of— 

(A) a selection board convened under section 251 of 

such title; and 

(B) a special selection board convened under section 

263 of such title. 

SEC. 209. PROHIBITION OF CERTAIN INVOLUNTARY ADMINISTRATIVE 

SEPARATIONS. 

(a) IN GENERAL.—Chapter 11 of title 14, United States Code, 

as amended by this Act, is further amended by inserting after 

section 426 the following: 

‘‘§ 427. Prohibition of certain involuntary administrative 

separations 

‘‘(a) IN GENERAL.—Except as provided in subsection (b), the 

Secretary may not authorize the involuntary administrative separation of a covered individual based on a determination that the 

covered individual is unsuitable for deployment or other assignment 

due to a medical condition of the covered individual considered 

by a Physical Evaluation Board during an evaluation of the covered 

individual that resulted in the covered individual being determined 

to be fit for duty. 

‘‘(b) REEVALUATION.— 

‘‘(1) IN GENERAL.—The Secretary may require a Physical 

Evaluation Board to reevaluate any covered individual if the 

Secretary determines there is reason to believe that a medical 

condition of the covered individual considered by a Physical 
H. R. 2838—11 

Evaluation Board during an evaluation of the covered individual 

renders the covered individual unsuitable for continued duty. 

‘‘(2) RETIREMENTS AND SEPARATIONS.—A covered individual 

who is determined, based on a reevaluation under paragraph 

(1), to be unfit to perform the duties of the covered individual’s 

office, grade, rank, or rating may be retired or separated for 

physical disability under this chapter. 

‘‘(c) COVERED INDIVIDUAL DEFINED.—In this section, the term 

‘covered individual’ means any member of the Coast Guard who 

has been determined by a Physical Evaluation Board, pursuant 

to a physical evaluation by that board, to be fit for duty.’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 11 of title 

14, United States Code, as amended by this Act, is further amended 

by inserting after the item relating to section 426 the following: 

‘‘427. Prohibition of certain involuntary administrative separations.’’. 

SEC. 210. MAJOR ACQUISITIONS. 

(a) IN GENERAL.—Subchapter I of chapter 15 of title 14, United 

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

‘‘§ 569a. Major acquisitions 

‘‘(a) IN GENERAL.—In conjunction with the transmittal by the 

President to Congress of the budget of the United States for fiscal 

year 2014 and biennially thereafter, the Secretary shall submit 

to the Committee on Commerce, Science, and Transportation of 

the Senate and the Committee on Transportation and Infrastructure 

of the House of Representatives a report on the status of all major 

acquisition programs. 

‘‘(b) INFORMATION TO BE INCLUDED.—Each report under subsection (a) shall include for each major acquisition program— 

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

performance goals relating to such program, including a justification for any change to those needs and goals subsequent 

to a report previously submitted under this section; 

‘‘(2) a justification explaining how the projected number 

and capabilities of assets acquired under such program meet 

applicable mission needs and performance goals; 

‘‘(3) an identification of any and all mission hour gaps, 

accompanied by an explanation of how and when the Coast 

Guard will close those gaps; 

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

program, including— 

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

of each new asset and the phaseout of legacy assets; and 

‘‘(B) any changes to— 

‘‘(i) the costs of new assets or legacy assets for 

that fiscal year or future fiscal years; or 

‘‘(ii) the total acquisition cost; 

‘‘(5) a justification explaining how any change to such program fulfills the mission needs and performance goals of the 

Coast Guard; 

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

for the integration of each new asset acquired under such 

program into the Coast Guard, including needs related to shorebased infrastructure and human resources; 
H. R. 2838—12 

‘‘(7) an identification of how funds in the applicable fiscal 

year’s budget request will be allocated, including information 

on the purchase of specific assets; 

‘‘(8) a projection of the remaining operational lifespan and 

life-cycle cost of each legacy asset that also identifies any anticipated resource gaps; 

‘‘(9) a detailed explanation of how the costs of legacy assets 

are being accounted for within such program; and 

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

to legacy assets. 

‘‘(c) ADEQUACY OF ACQUISITION WORKFORCE.—Each report 

under subsection (a) shall— 

‘‘(1) include information on the scope of the acquisition 

activities to be performed in the next fiscal year and on the 

adequacy of the current acquisition workforce to meet that 

anticipated workload; 

‘‘(2) specify the number of officers, members, and employees 

of the Coast Guard currently and planned to be assigned to 

each position designated under section 562(c) of this subchapter; 

and 

‘‘(3) identify positions that are or will be understaffed and 

actions that will be taken to correct such understaffing. 

‘‘(d) CUTTERS NOT MAINTAINED IN CLASS.—Each report under 

subsection (a) shall identify which, if any, Coast Guard cutters 

that have been issued a certificate of classification by the American 

Bureau of Shipping have not been maintained in class, with an 

explanation detailing the reasons why the cutters have not been 

maintained in class. 

‘‘(e) MAJOR ACQUISITION PROGRAM DEFINED.—In this section, 

the term ‘major acquisition program’ means an ongoing acquisition 

undertaken by the Coast Guard with a life-cycle cost estimate 

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

(b) CLERICAL AMENDMENT.—The analysis for chapter 15 of title 

14, United States Code, is amended by inserting after the item 

relating to section 569 the following: 

‘‘569a. Major acquisitions.’’. 

(c) REPEALS.— 

(1) Section 408(a) of the Coast Guard and Maritime 

Transportation Act of 2006 (14 U.S.C. 663 note) is repealed. 

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

(A) in section 562, by repealing subsection (e); and 

(B) in section 573(c)(3), by repealing subparagraph (B). 

SEC. 211. ADVANCE PROCUREMENT FUNDING. 

(a) IN GENERAL.—Subchapter II of chapter 15 of title 14, United 

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

‘‘§ 577. Advance procurement funding 

‘‘(a) IN GENERAL.—With respect to any Coast Guard vessel 

for which amounts are appropriated and any amounts otherwise 

made available for vessels for the Coast Guard in any fiscal year, 

the Commandant of the Coast Guard may enter into a contract 

or place an order, in advance of a contract or order for construction 

of a vessel, for— 

‘‘(1) materials, parts, components, and labor for the vessel; 
H. R. 2838—13 

‘‘(2) the advance construction of parts or components for 

the vessel; 

‘‘(3) protection and storage of materials, parts, or components for the vessel; and 

‘‘(4) production planning, design, and other related support 

services that reduce the overall procurement lead time of the 

vessel. 

‘‘(b) USE OF MATERIALS, PARTS, AND COMPONENTS MANUFAC- TURED IN THE UNITED STATES.—In entering into contracts and 

placing orders under subsection (a), the Commandant may give 

priority to persons that manufacture materials, parts, and components in the United States.’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 15 of title 

14, United States Code, as amended by this Act, is further amended 

by inserting after the item relating to section 576 the following: 

‘‘577. Advance procurement funding.’’. 

SEC. 212. MINOR CONSTRUCTION. 

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

is amended by adding at the end the following: 

‘‘(d) MINOR CONSTRUCTION AND IMPROVEMENT.— ‘‘(1) IN GENERAL.—Subject to the reporting requirements 

set forth in paragraph (2), each fiscal year the Secretary may 

expend from amounts made available for the operating expenses 

of the Coast Guard not more than $1,500,000 for minor 

construction and improvement projects at any location. 

‘‘(2) REPORTING REQUIREMENTS.—Not later than 90 days 

after the end of each fiscal year, the Secretary shall submit 

to the Committee on Commerce, Science, and Transportation 

of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on each 

project undertaken during the course of the preceding fiscal 

year for which the amount expended under paragraph (1) 

exceeded $500,000.’’. 

(b) CLERICAL AMENDMENTS.— (1) HEADING.—Section 656 of title 14, United States Code, 

as amended by this Act, is further amended by striking the 

section designation and heading and inserting the following: 

‘‘§ 656. Use of certain appropriated funds’’. 

(2) ANALYSIS.—The analysis for chapter 17 of title 14, 

United States Code, is amended by striking the item relating 

to section 656 and inserting the following: 

‘‘656. Use of certain appropriated funds.’’. 

SEC. 213. CAPITAL INVESTMENT PLAN AND ANNUAL LIST OF PROJECTS 

TO CONGRESS. 

(a) CAPITAL INVESTMENT PLAN.—Section 663 of title 14, United 

States Code, is amended to read as follows: 

‘‘§ 663. Capital investment plan 

‘‘(a) IN GENERAL.—On the date on which the President submits 

to Congress a budget pursuant to section 1105 of title 31, the 

Commandant of the Coast Guard shall submit to the Committee 

on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation 

of the Senate— 
H. R. 2838—14 

‘‘(1) a capital investment plan for the Coast Guard that 

identifies for each capital asset for which appropriations are 

proposed in that budget— 

‘‘(A) the proposed appropriations included in the 

budget; 

‘‘(B) the total estimated cost of completion; 

‘‘(C) projected funding levels for each fiscal year for 

the next 5 fiscal years or until project completion, whichever is earlier; 

‘‘(D) an estimated completion date at the projected 

funding levels; and 

‘‘(E) an acquisition program baseline, as applicable; 

and 

‘‘(2) a list of each unfunded priority for the Coast Guard. 

‘‘(b) UNFUNDED PRIORITY DEFINED.—In this section, the term 

‘unfunded priority’ means a program or mission requirement that— 

‘‘(1) has not been selected for funding in the applicable 

proposed budget; 

‘‘(2) is necessary to fulfill a requirement associated with 

an operational need; and 

‘‘(3) the Commandant would have recommended for inclusion in the applicable proposed budget had additional resources 

been available or had the requirement emerged before the 

budget was submitted.’’. 

(b) ANNUAL LIST OF PROJECTS TO CONGRESS.—Section 693 of 

title 14, United States Code, is amended to read as follows: 

‘‘§ 693. Annual list of projects to Congress 

‘‘The Commandant of the Coast Guard shall submit to the 

Committee on Transportation and Infrastructure of the House of 

Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate a prioritized list of projects eligible 

for environmental compliance and restoration funding for each fiscal 

year concurrent with the President’s budget submission for that 

fiscal year.’’. 

(c) CLERICAL AND CONFORMING AMENDMENTS.— 

(1) ANALYSIS FOR CHAPTER 17.—The analysis for chapter 

17 of title 14, United States Code, as amended by this Act, 

is further amended by striking the item relating to section 

663 and inserting the following: 

‘‘663. Capital investment plan.’’. 

(2) ANALYSIS FOR CHAPTER 19.—The analysis for chapter 

19 of title 14, United States Code, is amended by striking 

the item relating to section 693 and inserting the following: 

‘‘693. Annual list of projects to Congress.’’. 

(3) COAST GUARD AUTHORIZATION ACT OF 2010.—Section 918 

of the Coast Guard Authorization Act of 2010 (14 U.S.C. 663 

note), and the item relating to that section in the table of 

contents in section 1(b) of that Act, are repealed. 

SEC. 214. AIRCRAFT ACCIDENT INVESTIGATIONS. 

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

is amended by adding at the end the following: 
H. R. 2838—15 

‘‘§ 678. Aircraft accident investigations 

‘‘(a) IN GENERAL.—Whenever the Commandant of the Coast 

Guard conducts an accident investigation of an accident involving 

an aircraft under the jurisdiction of the Commandant, the records 

and report of the investigation shall be treated in accordance with 

this section. 

‘‘(b) PUBLIC DISCLOSURE OF CERTAIN ACCIDENT INVESTIGATION

INFORMATION.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), the Commandant, upon request, shall publicly disclose unclassified 

tapes, scientific reports, and other factual information pertinent 

to an aircraft accident investigation. 

‘‘(2) CONDITIONS.—The Commandant shall only disclose 

information requested pursuant to paragraph (1) if the Commandant determines— 

‘‘(A) that such tapes, reports, or other information 

would be included within and releasable with the final 

accident investigation report; and 

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

information— 

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

or safety investigators to continue to conduct the investigation; and 

‘‘(ii) would not compromise national security. 

‘‘(3) RESTRICTION.—A disclosure under paragraph (1) may 

not be made by or through officials with responsibility for, 

or who are conducting, a safety investigation with respect to 

the accident. 

‘‘(c) OPINIONS REGARDING CAUSATION OF ACCIDENT.—Following 

an aircraft accident referred to in subsection (a)— 

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

for the investigators who conduct the accident investigation 

to come to an opinion as to the cause or causes of the accident, 

the final report of the accident investigation shall set forth 

the opinion of the investigators as to the cause or causes 

of the accident; and 

‘‘(2) if the evidence surrounding the accident is not sufficient for the investigators to come to an opinion as to the 

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

investigation shall include a description of those factors, if 

any, that, in the opinion of the investigators, substantially 

contributed to or caused the accident. 

‘‘(d) USE OF INFORMATION IN CIVIL OR CRIMINAL PROCEEDINGS.—For purposes of any civil or criminal proceeding arising 

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

of the accident investigators as to the cause of, or the factors 

contributing to, the accident set forth in the accident investigation 

report may not be considered as evidence in such proceeding, nor 

may such report be considered an admission of liability by the 

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

‘‘(e) DEFINITIONS.—For purposes of this section— 

‘‘(1) the term ‘accident investigation’ means any form of 

investigation by Coast Guard personnel of an aircraft accident 

referred to in subsection (a), other than a safety investigation; 

and 

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

by Coast Guard personnel of an aircraft accident referred to 
H. R. 2838—16 

in subsection (a) that is conducted solely to determine the 

cause of the accident and to obtain information that may prevent the occurrence of similar accidents.’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 17 of title 

14, United States Code, as amended by this Act, is further amended 

by adding at the end the following: 

‘‘678. Aircraft accident investigations.’’. 

SEC. 215. COAST GUARD AUXILIARY ENROLLMENT ELIGIBILITY. 

(a) IN GENERAL.—Section 823 of title 14, United States Code, 

is amended to read as follows: 

‘‘§ 823. Eligibility; enrollments 

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

States, as defined in section 101(a)(22) of the Immigration and 

Nationality Act (8 U.S.C. 1101(a)(22)), and aliens lawfully admitted 

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

Immigration and Nationality Act (8 U.S.C. 1101(a)(20))— 

‘‘(1) who— 

‘‘(A) are owners, sole or part, of motorboats, yachts, 

aircraft, or radio stations; or 

‘‘(B) by reason of their special training or experience 

are deemed by the Commandant to be qualified for duty 

in the Auxiliary; and 

‘‘(2) who may be enrolled therein pursuant to applicable 

regulations.’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 23 of title 

14, United States Code, is amended by striking the item relating 

to section 823 and inserting the following: 

‘‘823. Eligibility; enrollments.’’. 

SEC. 216. REPEALS. 

(a) DISTRICT OMBUDSMEN.—Section 55 of title 14, United States 

Code, and the item relating to such section in the analysis for 

chapter 3 of such title, are repealed. 

(b) COOPERATION WITH RESPECT TO AIDS TO AIR NAVIGATION.— 

Section 82 of title 14, United States Code, and the item relating 

to such section in the analysis for chapter 5 of such title, are 

repealed. 

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

Code, and the item relating to such section in the analysis for 

chapter 5 of such title, are repealed. 

(d) DETAIL OF MEMBERS TO ASSIST FOREIGN GOVERNMENTS.— Section 149(a) of title 14, United States Code, is amended by 

striking the second and third sentences. 

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

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

for chapter 9 of such title, are repealed. 

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

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

for chapter 9 of such title, are repealed. 

SEC. 217. TECHNICAL CORRECTIONS TO TITLE 14. 

Title 14, United States Code, as amended by this Act, is further 

amended— 

(1) by amending chapter 1 to read as follows: 
H. R. 2838—17 

‘‘CHAPTER 1—ESTABLISHMENT AND DUTIES 

‘‘Sec. 

‘‘1. Establishment of Coast Guard. 

‘‘2. Primary duties. 

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

‘‘4. Secretary defined. 

‘‘§ 1. Establishment of Coast Guard 

‘‘The Coast Guard, established January 28, 1915, shall be a 

military service and a branch of the armed forces of the United 

States at all times. 

‘‘§ 2. Primary duties 

‘‘The Coast Guard shall— 

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

Federal laws on, under, and over the high seas and waters 

subject to the jurisdiction of the United States; 

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

to enforce or assist in the enforcement of the laws of the 

United States; 

‘‘(3) administer laws and promulgate and enforce regulations for the promotion of safety of life and property on and 

under the high seas and waters subject to the jurisdiction 

of the United States, covering all matters not specifically delegated by law to some other executive department; 

‘‘(4) develop, establish, maintain, and operate, with due 

regard to the requirements of national defense, aids to maritime 

navigation, icebreaking facilities, and rescue facilities for the 

promotion of safety on, under, and over the high seas and 

waters subject to the jurisdiction of the United States; 

‘‘(5) pursuant to international agreements, develop, establish, maintain, and operate icebreaking facilities on, under, 

and over waters other than the high seas and waters subject 

to the jurisdiction of the United States; 

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

and in waters subject to the jurisdiction of the United States; 

and 

‘‘(7) maintain a state of readiness to function as a specialized service in the Navy in time of war, including the fulfillment 

of Maritime Defense Zone command responsibilities. 

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

‘‘(a) IN GENERAL.—The Coast Guard shall be a service in the 

Department of Homeland Security, except when operating as a 

service in the Navy. 

‘‘(b) TRANSFERS.—Upon the declaration of war if Congress so 

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

Guard shall operate as a service in the Navy, and shall so continue 

until the President, by Executive order, transfers the Coast Guard 

back to the Department of Homeland Security. While operating 

as a service in the Navy, the Coast Guard shall be subject to 

the orders of the Secretary of the Navy, who may order changes 

in Coast Guard operations to render them uniform, to the extent 

such Secretary deems advisable, with Navy operations. 

‘‘(c) OPERATION AS A SERVICE IN THE NAVY.—Whenever the 

Coast Guard operates as a service in the Navy— 
H. R. 2838—18 

‘‘(1) applicable appropriations of the Navy Department shall 

be available for the expense of the Coast Guard; 

‘‘(2) applicable appropriations of the Coast Guard shall 

be available for transfer to the Navy Department; 

‘‘(3) precedence between commissioned officers of corresponding grades in the Coast Guard and the Navy shall 

be determined by the date of rank stated by their commissions 

in those grades; 

‘‘(4) personnel of the Coast Guard shall be eligible to receive 

gratuities, medals, and other insignia of honor on the same 

basis as personnel in the naval service or serving in any 

capacity with the Navy; and 

‘‘(5) the Secretary may place on furlough any officer of 

the Coast Guard and officers on furlough shall receive one 

half of the pay to which they would be entitled if on leave 

of absence, but officers of the Coast Guard Reserve shall not 

be so placed on furlough. 

‘‘§ 4. Secretary defined 

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

respective department in which the Coast Guard is operating.’’; 

(2) in section 95(c), by striking ‘‘of Homeland Security’’; 

(3) in section 259(c)(1), by striking ‘‘After selecting’’ and 

inserting ‘‘In selecting’’; 

(4) in section 286a(d), by striking ‘‘severance pay’’ each 

place it appears and inserting ‘‘separation pay’’; 

(5) in the second sentence of section 290(a), by striking 

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

grade of vice admiral’’; 

(6) in section 516(a), by striking ‘‘of Homeland Security’’; 

(7) by amending section 564 to read as follows: 

‘‘§ 564. Prohibition on use of lead systems integrators 

‘‘(a) IN GENERAL.— 

‘‘(1) USE OF LEAD SYSTEMS INTEGRATOR.—The Commandant 

may not use a private sector entity as a lead systems integrator. 

‘‘(2) FULL AND OPEN COMPETITION.—The Commandant shall 

use full and open competition for any acquisition contract unless 

otherwise excepted in accordance with Federal acquisition laws 

and regulations promulgated under those laws, including the 

Federal Acquisition Regulation. 

‘‘(3) NO EFFECT ON SMALL BUSINESS ACT.—Nothing in this 

subsection shall be construed to supersede or otherwise affect 

the authorities provided by and under the Small Business 

Act (15 U.S.C. 631 et seq.). 

‘‘(b) LIMITATION ON FINANCIAL INTEREST IN SUBCONTRACTORS.— 

Neither an entity performing lead systems integrator functions 

for a Coast Guard acquisition nor a Tier 1 subcontractor for any 

acquisition may have a financial interest in a subcontractor below 

the Tier 1 subcontractor level unless— 

‘‘(1) the subcontractor was selected by the prime contractor 

through full and open competition for such procurement; 

‘‘(2) the procurement was awarded by an entity performing 

lead systems integrator functions or a subcontractor through 

full and open competition; 
H. R. 2838—19 

‘‘(3) the procurement was awarded by a subcontractor 

through a process over which the entity performing lead systems integrator functions or a Tier 1 subcontractor exercised 

no control; or 

‘‘(4) the Commandant has determined that the procurement 

was awarded in a manner consistent with Federal acquisition 

laws and regulations promulgated under those laws, including 

the Federal Acquisition Regulation.’’; 

(8) in section 569(a), by striking ‘‘and annually thereafter,’’; 

(9) in the analysis for chapter 17— 

(A) by striking the item relating to section 669 and 

inserting the following: 

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

(B) by striking the item relating to section 674 and 

inserting the following: 

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

(10) in section 666(a), by striking ‘‘of Homeland Security’’ 

and inserting ‘‘of the department in which the Coast Guard 

is operating’’; 

(11) in section 673(a)(3), by striking ‘‘of Homeland Security 

(when the Coast Guard is not operating as a service in the 

Navy)’’; 

(12) in section 674, by striking ‘‘of Homeland Security’’; 

(13) in section 675(a), by striking ‘‘Secretary’’ and all that 

follows through ‘‘may not’’ and inserting ‘‘Secretary may not’’; 

and 

(14) in the first sentence of section 740(d), by striking 

‘‘that appointment’’ and inserting ‘‘that appointment to the 

Reserve’’. 

SEC. 218. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY. 

Section 404 of the Coast Guard Authorization Act of 2010 

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

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

positions;’’ and inserting ‘‘as positions for which there exists 

a shortage of candidates or there is a critical hiring need;’’; 

(2) in subsection (b)— 

(A) by striking ‘‘paragraph’’ and inserting ‘‘section’’; 

and 

(B) by striking ‘‘2012.’’ and inserting ‘‘2015.’’; and 

(3) in subsection (c), by striking ‘‘section 562(d) of title 

14, United States Code, as added by this title,’’ and inserting 

‘‘section 569a of title 14, United States Code,’’. 

SEC. 219. RENEWAL OF TEMPORARY EARLY RETIREMENT AUTHORITY. 

For fiscal years 2013 through 2018— 

(1) notwithstanding subsection (c)(2)(A) of section 4403 of 

the National Defense Authorization Act for Fiscal Year 1993 

(10 U.S.C. 1293 note), such section shall apply to the Coast 

Guard in the same manner and to the same extent it applies 

to the Department of Defense, except that— 

(A) the Secretary of Homeland Security shall implement such section with respect to the Coast Guard and, 

for purposes of that implementation, shall apply the 

applicable provisions of title 14, United States Code, 

relating to retirement of Coast Guard personnel; and 
H. R. 2838—20 

(B) the total number of commissioned officers who 

retire pursuant to this section may not exceed 200, and 

the total number of enlisted members who retire pursuant 

to this section may not exceed 300; and 

(2) only appropriations available for necessary expenses 

for the operation and maintenance of the Coast Guard shall 

be expended for the retired pay of personnel who retire pursuant to this section. 

SEC. 220. RESPONSE BOAT-MEDIUM PROCUREMENT. 

(a) REQUIREMENT TO FULFILL APPROVED PROGRAM OF

RECORD.—Except as provided in subsection (b), the Commandant 

of the Coast Guard shall maintain the schedule and requirements 

for the total acquisition of 180 boats as specified in the approved 

program of record for the Response Boat-Medium acquisition program in effect on June 1, 2012. 

(b) APPLICABILITY.—Subsection (a) shall not apply on and after 

the date on which the Commandant submits to the Committee 

on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation 

of the Senate such documentation as the Coast Guard Major Systems Acquisition Manual requires to justify reducing the approved 

program of record for Response Boat-Medium to a total acquisition 

of less than 180 boats. 

SEC. 221. NATIONAL SECURITY CUTTERS. 

(a) IN GENERAL.— 

(1) MULTIYEAR AUTHORITY.—In fiscal year 2013 and each 

fiscal year thereafter, the Secretary of the department in which 

the Coast Guard is operating may enter into, in accordance 

with section 2306b of title 10, United States Code, a multiyear 

contract for the procurement of Coast Guard National Security 

Cutters and Government-furnished equipment associated with 

the National Security Cutter program. 

(2) LIMITATION.—The Secretary may not enter into a contract under paragraph (1) until the date that is 30 days after 

the date the Secretary submits to the Committee on Commerce, 

Science, and Transportation of the Senate and the Committee 

on Transportation and Infrastructure of the House of Representatives a certification that the Secretary has made, with 

respect to the contract, each of the findings specified under 

section 2306b(a) of title 10, United States Code, and has done 

so in accordance with paragraph (3) of this subsection. 

(3) DETERMINATION OF SUBSTANTIAL SAVINGS.—For purposes of this section, in conducting an analysis with respect 

to substantial savings under section 2306b(a)(1) of title 10, 

United States Code, the Secretary— 

(A) may not limit the analysis to a simple percentagebased metric; and 

(B) shall employ a full-scale analysis of cost avoidance— 

(i) based on a multiyear procurement; and 

(ii) taking into account the potential benefit any 

accrued savings might have for future shipbuilding 

programs if the cost avoidance savings were subsequently utilized for further ship construction. 
H. R. 2838—21 

(b) CERTIFICATE TO OPERATE.—The Commandant of the Coast 

Guard may not certify a sixth National Security Cutter as Ready 

for Operations before the Commandant has— 

(1) submitted to the Committee on Commerce, Science, 

and Transportation of the Senate and the Committee on 

Transportation and Infrastructure of the House of Representatives program execution plans detailing— 

(A) how the first 3 National Security Cutters will 

achieve the goal of 225 days away from homeport in fiscal 

years following the completion of the Structural Enhancement Drydock Availability of the first 2 National Security 

Cutters; and 

(B) increased aerial coverage to support National Security Cutter operations; and 

(2) awarded a contract for detailed design and construction 

for the Offshore Patrol Cutter. 

SEC. 222. COAST GUARD POLAR ICEBREAKERS. 

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

the Coast Guard is operating shall conduct a business case analysis 

of the options for and costs of reactivating and extending the service 

life of the Polar Sea until at least September 30, 2022, to maintain 

United States polar icebreaking capabilities and fulfill the Coast 

Guard’s high latitude mission needs, as identified in the Coast 

Guard’s July 2010, High Latitude Study Mission Analysis Report, 

during the Coast Guard’s recapitalization of its polar class icebreaker fleet. The analysis shall include— 

(1) an assessment of the current condition of the Polar 

Sea; 

(2) a determination of the Polar Sea’s operational capabilities with respect to fulfilling the Coast Guard’s high latitude 

operating requirements if renovated and reactivated; 

(3) a detailed estimate of costs with respect to reactivating 

and extending the service life of the Polar Sea; 

(4) a life cycle cost estimate with respect to operating 

and maintaining the Polar Sea for the duration of its extended 

service life; and 

(5) a determination of whether it is cost-effective to reactivate the Polar Sea compared with other options to provide 

icebreaking services as part of a strategy to maintain polar 

icebreaking services. 

(b) RESTRICTIONS.—The Secretary shall not remove any part 

of the Polar Sea until the Secretary submits the analysis required 

under subsection (a). 

(c) DEADLINE.—Not later than 270 days after the date of enactment of this Act, the Secretary shall submit to the Committee 

on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation 

of the Senate the analysis required under subsection (a). 

(d) REQUIREMENT FOR REACTIVATION OF POLAR SEA.— 

(1) SERVICE LIFE EXTENSION PLAN.— (A) IN GENERAL.—If the Secretary determines based 

on the analysis required under subsection (a) that it is 

cost-effective to reactivate the Polar Sea compared with 

other options to provide icebreaking services, the Secretary 

shall develop a service life extension plan for such reactivation, including a timetable for such reactivation. 
H. R. 2838—22 

(B) UTILIZATION OF EXISTING RESOURCES.—In the 

development of the plan required under subparagraph (A), 

the Secretary shall utilize to the greatest extent practicable 

recent plans, studies, assessments, and analyses regarding 

the Coast Guard’s icebreakers and high latitude mission 

needs and operating requirements. 

(C) SUBMISSION.—The Secretary shall submit the plan 

required under subparagraph (A), if so required, to the 

Committee on Transportation and Infrastructure of the 

House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate not later than 

180 days after the submission of the analysis required 

under subsection (a). 

(2) DECOMMISSIONING; BRIDGING STRATEGY.—If the analysis 

required under subsection (a) is submitted in accordance with 

subsection (c) and the Secretary determines under subsection 

(a)(5) that it is not cost-effective to reactivate the Polar Sea, 

then not later than 180 days after the date on which the 

analysis is required to be submitted under subsection (c) the 

Commandant of the Coast Guard— 

(A) may decommission the Polar Sea; and 

(B) shall submit a bridging strategy for maintaining 

the Coast Guard’s polar icebreaking services until at least 

September 30, 2022, to the Committee on Transportation 

and Infrastructure of the House of Representatives and 

the Committee on Commerce, Science, and Transportation 

of the Senate. 

(e) RESTRICTION.—Except as provided in subsection (d), the 

Commandant of the Coast Guard may not— 

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

the Polar Sea or Polar Star; 

(2) change the current homeport of either of the vessels; 

or 

(3) expend any funds— 

(A) for any expenses directly or indirectly associated 

with the decommissioning of either of the vessels, including 

expenses for dock use or other goods and services; 

(B) for any personnel expenses directly or indirectly 

associated with the decommissioning of either of the vessels, including expenses for a decommissioning officer; 

(C) for any expenses associated with a decommissioning 

ceremony for either of the vessels; 

(D) to appoint a decommissioning officer to be affiliated 

with either of the vessels; or 

(E) to place either of the vessels in inactive status. 

(f) DEFINITION.—For purposes of this section— 

(1) the term ‘‘Polar Sea’’ means Coast Guard Cutter Polar 

Sea (WAGB 11); and 

(2) the term ‘‘Polar Star’’ means Coast Guard Cutter Polar 

Star (WAGB 10). 

(g) REPEAL.—This section shall cease to have effect on September 30, 2022. 
H. R. 2838—23 

TITLE III—SHIPPING AND NAVIGATION 

SEC. 301. IDENTIFICATION OF ACTIONS TO ENABLE QUALIFIED 

UNITED STATES FLAG CAPACITY TO MEET NATIONAL 

DEFENSE REQUIREMENTS. 

Section 501(b) of title 46, United States Code, is amended— 

(1) by striking ‘‘When the head’’ and inserting the following: 

‘‘(1) IN GENERAL.—When the head’’; and 

(2) by adding at the end the following: 

‘‘(2) DETERMINATIONS.—The Maritime Administrator 

shall— 

‘‘(A) for each determination referred to in paragraph 

(1), identify any actions that could be taken to enable 

qualified United States flag capacity to meet national 

defense requirements; 

‘‘(B) provide notice of each such determination to the 

Secretary of Transportation and the head of the agency 

referred to in paragraph (1) for which the determination 

is made; and 

‘‘(C) publish each such determination on the Internet 

Web site of the Department of Transportation not later 

than 48 hours after notice of the determination is provided 

to the Secretary of Transportation. 

‘‘(3) NOTICE TO CONGRESS.— 

‘‘(A) IN GENERAL.—The head of an agency referred 

to in paragraph (1) shall notify the Committee on Transportation and Infrastructure of the House of Representatives 

and the Committee on Commerce, Science, and Transportation of the Senate— 

‘‘(i) of any request for a waiver of the navigation 

or vessel-inspection laws under this section not later 

than 48 hours after receiving such a request; and 

‘‘(ii) of the issuance of any such waiver not later 

than 48 hours after such issuance. 

‘‘(B) CONTENTS.—Such head of an agency shall include 

in each notification under subparagraph (A)(ii) an explanation of— 

‘‘(i) the reasons the waiver is necessary; and 

‘‘(ii) the reasons actions referred to in paragraph 

(2)(A) are not feasible.’’. 

SEC. 302. LIMITATION OF LIABILITY FOR NON-FEDERAL VESSEL 

TRAFFIC SERVICE OPERATORS. 

(a) IN GENERAL.—Section 2307 of title 46, United States Code, 

is amended— 

(1) by striking the section designation and heading and 

inserting the following: 

‘‘§ 2307. Limitation of liability for Coast Guard Vessel Traffic 

Service pilots and non-Federal vessel traffic 

service operators’’; 

(2) by striking ‘‘Any pilot’’ and inserting the following: 

‘‘(a) COAST GUARD VESSEL TRAFFIC SERVICE PILOTS.—Any 

pilot’’; and 

(3) by adding at the end the following: 
H. R. 2838—24 

‘‘(b) NON-FEDERAL VESSEL TRAFFIC SERVICE OPERATORS.—An 

entity operating a non-Federal vessel traffic information service 

or advisory service pursuant to a duly executed written agreement 

with the Coast Guard, and any pilot acting on behalf of such 

entity, is not liable for damages caused by or related to information, 

advice, or communication assistance provided by such entity or 

pilot while so operating or acting unless the acts or omissions 

of such entity or pilot constitute gross negligence or willful misconduct.’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 23 of title 

46, United States Code, is amended by striking the item relating 

to section 2307 and inserting the following: 

‘‘2307. Limitation of liability for Coast Guard Vessel Traffic Service pilots and nonFederal vessel traffic service operators.’’. 

SEC. 303. SURVIVAL CRAFT. 

Section 3104 of title 46, United States Code, is amended— 

(1) in subsection (b) by striking ‘‘January 1, 2015’’ and 

inserting ‘‘the date that is 30 months after the date on which 

the report described in subsection (c) is submitted’’; and 

(2) by adding at the end the following: 

‘‘(c) REPORT.—Not later than 180 days after the date of enactment of this subsection, the Commandant of the Coast Guard shall 

submit to the Committee on Transportation and Infrastructure 

of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate a report on the carriage 

of survival craft that ensures no part of an individual is immersed 

in water, which shall include— 

‘‘(1) the number of casualties, by vessel type and area 

of operation, as the result of immersion in water reported 

to the Coast Guard for each of fiscal years 1991 through 2011; 

‘‘(2) the effect the carriage of such survival craft has on— 

‘‘(A) vessel safety, including stability and safe navigation; and 

‘‘(B) survivability of individuals, including persons with 

disabilities, children, and the elderly; 

‘‘(3) the efficacy of alternative safety systems, devices, or 

measures; 

‘‘(4) the cost and cost effectiveness of requiring the carriage 

of such survival craft on vessels; and 

‘‘(5) the number of small businesses and nonprofit entities 

that would be affected by requiring the carriage of such survival 

craft on vessels.’’. 

SEC. 304. CLASSIFICATION SOCIETIES. 

Section 3316 of title 46, United States Code, is amended— 

(1) in subsection (b)(2)— 

(A) by striking ‘‘and’’ at the end of subparagraph (A); 

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

(B) and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(C) if the Secretary of State determines that the foreign 

classification society does not provide comparable services in 

or for a state sponsor of terrorism.’’; 

(2) in subsection (d)(2)— 

(A) by striking ‘‘and’’ at the end of subparagraph (A); 
H. R. 2838—25 

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

(B) and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(C) the Secretary of State determines that the foreign 

classification society does not provide comparable services in 

or for a state sponsor of terrorism.’’; and 

(3) by adding at the end the following: 

‘‘(e) The Secretary shall revoke a delegation made to a classification society under subsection (b) or (d) if the Secretary of State 

determines that the classification society provides comparable services in or for a state sponsor of terrorism. 

‘‘(f) In this section, the term ‘state sponsor of terrorism’ means 

any country the government of which the Secretary of State has 

determined has repeatedly provided support for acts of international 

terrorism pursuant to section 6(j) of the Export Administration 

Act of 1979 (as continued in effect under the International Emergency Economic Powers Act), section 620A of the Foreign Assistance 

Act of 1961, section 40 of the Arms Export Control Act, or any 

other provision of law.’’. 

SEC. 305. DOCKSIDE EXAMINATIONS. 

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

Code, is amended— 

(1) in paragraph (1), by striking ‘‘and’’ at the end; 

(2) in paragraph (2)— 

(A) by striking ‘‘at least once every 2 years’’ and 

inserting ‘‘at least once every 5 years’’; and 

(B) by striking the period at the end and inserting 

‘‘; and’’; and 

(3) by adding at the end the following: 

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

vessel under this subsection not later than October 15, 2015.’’. 

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

Code, is amended by striking ‘‘a publicly accessible’’ and inserting 

‘‘an’’. 

(c) CERTIFICATION.—Section 4503 of title 46, United States 

Code, is amended— 

(1) in subsection (c), by striking ‘‘July 1, 2012.’’ and 

inserting ‘‘July 1, 2013.’’; 

(2) in subsection (d)— 

(A) in paragraph (1)(B), by striking ‘‘July 1, 2012;’’ 

and inserting ‘‘July 1, 2013;’’; and 

(B) in paragraph (2)— 

(i) by striking ‘‘July 1, 2012,’’ each place it appears 

and inserting ‘‘July 1, 2013,’’; and 

(ii) by striking ‘‘substantial change to the dimension of or type of vessel’’ and inserting ‘‘major conversion’’; and 

(3) by adding at the end the following: 

‘‘(e) For the purposes of this section, the term ‘built’ means, 

with respect to a vessel, that the vessel’s construction has reached 

any of the following stages: 

‘‘(1) The vessel’s keel is laid. 

‘‘(2) Construction identifiable with the vessel has begun 

and assembly of that vessel has commenced comprising of at 

least 50 metric tons or one percent of the estimated mass 

of all structural material, whichever is less.’’. 
H. R. 2838—26 

(d) CONFORMING AMENDMENTS.—Chapter 51 of title 46, United 

States Code, is amended— 

(1) in section 5102(b)(3), by striking ‘‘July 1, 2012.’’ and 

inserting ‘‘July 1, 2013.’’; and 

(2) in section 5103(c)— 

(A) by striking ‘‘July 1, 2012,’’ each place it appears 

and inserting ‘‘July 1, 2013,’’; and 

(B) by striking ‘‘substantial change to the dimension 

of or type of the vessel’’ and inserting ‘‘major conversion’’. 

SEC. 306. AUTHORITY TO EXTEND THE DURATION OF MEDICAL CERTIFICATES. 

(a) IN GENERAL.—Chapter 75 of title 46, United States Code, 

is amended by adding at the end the following: 

‘‘§ 7508. Authority to extend the duration of medical certificates 

‘‘(a) GRANTING OF EXTENSIONS.—Notwithstanding any other 

provision of law, the Secretary may extend for not more than 

one year a medical certificate issued to an individual holding a 

license, merchant mariner’s document, or certificate of registry 

issued under chapter 71 or 73 if the Secretary determines that 

the extension is required to enable the Coast Guard to eliminate 

a backlog in processing applications for medical certificates or is 

in response to a national emergency or natural disaster. 

‘‘(b) MANNER OF EXTENSION.—An extension under this section 

may be granted to individual seamen or a specifically identified 

group of seamen.’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 75 of title 

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

following: 

‘‘7508. Authority to extend the duration of medical certificates.’’. 

SEC. 307. CLARIFICATION OF RESTRICTIONS ON AMERICAN FISHERIES 

ACT VESSELS. 

Section 12113(d)(2) of title 46, United States Code, is 

amended— 

(1) in subparagraph (B)— 

(A) by striking ‘‘that the regional’’ and inserting the 

following: ‘‘that— 

‘‘(i) the regional’’; 

(B) by striking the semicolon and inserting ‘‘; and’’; 

and 

(C) by adding at the end the following: 

‘‘(ii) in the case of a vessel listed in paragraphs 

(1) through (20) of section 208(e) of the American Fisheries Act (title II of division C of Public Law 105– 

277; 112 Stat. 2681–625 et seq.), the vessel is neither 

participating in nor eligible to participate in the nonAFA trawl catcher processor subsector (as that term 

is defined under section 219(a)(7) of the Department 

of Commerce and Related Agencies Appropriations Act, 

2005 (Public Law 108–447; 118 Stat. 2887));’’; and 

(2) by amending subparagraph (C) to read as follows: 

‘‘(C) the vessel— 

‘‘(i) is either a rebuilt vessel or replacement vessel 

under section 208(g) of the American Fisheries Act 
H. R. 2838—27 

(title II of division C of Public Law 105–277; 112 Stat. 

2681–627); 

‘‘(ii) is eligible for a fishery endorsement under 

this section; and 

‘‘(iii) in the case of a vessel listed in paragraphs 

(1) through (20) of section 208(e) of the American Fisheries Act (title II of division C of Public Law 105– 

277; 112 Stat. 2681–625 et seq.), is neither participating in nor eligible to participate in the non-AFA 

trawl catcher processor subsector (as that term is 

defined under section 219(a)(7) of the Department of 

Commerce and Related Agencies Appropriations Act, 

2005 (Public Law 108–447; 118 Stat. 2887); or’’. 

SEC. 308. INVESTIGATIONS BY SECRETARY. 

(a) IN GENERAL.—Chapter 121 of title 46, United States Code, 

is amended by inserting after section 12139 the following: 

‘‘§ 12140. Investigations by Secretary 

‘‘(a) IN GENERAL.—The Secretary may conduct investigations 

and inspections regarding compliance with this chapter and regulations prescribed under this chapter. 

‘‘(b) AUTHORITY TO OBTAIN EVIDENCE.— ‘‘(1) IN GENERAL.—For the purposes of any investigation 

conducted under this section, the Secretary may issue a subpoena to require the attendance of a witness or the production 

of documents or other evidence relevant to the matter under 

investigation if— 

‘‘(A) before the issuance of the subpoena, the Secretary 

requests a determination by the Attorney General as to 

whether the subpoena— 

‘‘(i) is reasonable; and 

‘‘(ii) will interfere with a criminal investigation; 

and 

‘‘(B) the Attorney General— 

‘‘(i) determines that the subpoena is reasonable 

and will not interfere with a criminal investigation; 

or 

‘‘(ii) fails to make a determination with respect 

to the subpoena before the date that is 30 days after 

the date on which the Secretary makes a request under 

subparagraph (A) with respect to the subpoena. 

‘‘(2) ENFORCEMENT.—In the case of a refusal to obey a 

subpoena issued to any person under this section, the Secretary 

may invoke the aid of the appropriate district court of the 

United States to compel compliance.’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 121 of 

title 46, United States Code, is amended by inserting after the 

item relating to section 12139 the following: 

‘‘12140. Investigations by Secretary.’’. 

SEC. 309. PENALTIES. 

Section 12151(a) of title 46, United States Code, is amended— 

(1) by striking ‘‘A person that violates’’ and inserting the 

following: 

‘‘(1) CIVIL PENALTIES.—Except as provided in paragraph 

(2), a person that violates’’; 
H. R. 2838—28 

(2) by striking ‘‘$10,000’’ and inserting ‘‘$15,000’’; and 

(3) by adding at the end the following: 

‘‘(2) ACTIVITIES INVOLVING MOBILE OFFSHORE DRILLING

UNITS.—A person that violates section 12111(d) or a regulation 

prescribed under that section is liable to the United States 

Government for a civil penalty in an amount that is $25,000 

or twice the charter rate of the vessel involved in the violation 

(as determined by the Secretary), whichever is greater. Each 

day of a continuing violation is a separate violation.’’. 

SEC. 310. UNITED STATES COMMITTEE ON THE MARINE TRANSPORTATION SYSTEM. 

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

is amended by adding at the end the following: 

‘‘§ 55502. United States Committee on the Marine Transportation System 

‘‘(a) ESTABLISHMENT.—There is established a United States 

Committee on the Marine Transportation System (in this section 

referred to as the ‘Committee’). 

‘‘(b) PURPOSE.—The Committee shall serve as a Federal interagency coordinating committee for the purpose of— 

‘‘(1) assessing the adequacy of the marine transportation 

system (including ports, waterways, channels, and their intermodal connections); 

‘‘(2) promoting the integration of the marine transportation 

system with other modes of transportation and other uses of 

the marine environment; and 

‘‘(3) coordinating, improving the coordination of, and 

making recommendations with regard to Federal policies that 

impact the marine transportation system. 

‘‘(c) MEMBERSHIP.— ‘‘(1) IN GENERAL.—The Committee shall consist of— 

‘‘(A) the Secretary of Transportation; 

‘‘(B) the Secretary of Defense; 

‘‘(C) the Secretary of Homeland Security; 

‘‘(D) the Secretary of Commerce; 

‘‘(E) the Secretary of the Treasury; 

‘‘(F) the Secretary of State; 

‘‘(G) the Secretary of the Interior; 

‘‘(H) the Secretary of Agriculture; 

‘‘(I) the Attorney General; 

‘‘(J) the Secretary of Labor; 

‘‘(K) the Secretary of Energy; 

‘‘(L) the Administrator of the Environmental Protection 

Agency; 

‘‘(M) the Chairman of the Federal Maritime Commission; 

‘‘(N) the Chairman of the Joint Chiefs of Staff; and 

‘‘(O) the head of any other Federal agency who a 

majority of the voting members of the Committee determines can further the purpose and activities of the Committee. 

‘‘(2) NONVOTING MEMBERS.—The Committee may include 

as many nonvoting members as a majority of the voting members of the Committee determines is appropriate to further 

the purpose and activities of the Committee. 
H. R. 2838—29 

‘‘(d) SUPPORT.— 

‘‘(1) COORDINATING BOARD.— 

‘‘(A) IN GENERAL.—There is hereby established, within 

the Committee, a Coordinating Board. Each member of 

the Committee may select a senior level representative 

to serve on such Board. The Board shall assist the Committee in carrying out its purpose and activities. 

‘‘(B) CHAIR.—There shall be a Chair of the Coordinating 

Board. The Chair of the Coordinating Board shall rotate 

each year among the Secretary of Transportation, the Secretary of Defense, the Secretary of Homeland Security, 

and the Secretary of Commerce. The order of rotation shall 

be determined by a majority of the voting members of 

the Committee. 

‘‘(2) EXECUTIVE DIRECTOR.—The Secretary of Transportation, in consultation with the Secretary of Defense, the Secretary of Homeland Security, and the Secretary of Commerce, 

shall appoint an Executive Director of the Committee. 

‘‘(3) TRANSFERS.—Notwithstanding any other provision of 

law, the head of a Federal department or agency who is a 

member of the Committee may— 

‘‘(A) provide, on a reimbursable or nonreimbursable 

basis, facilities, equipment, services, personnel, and other 

support services to carry out the activities of the Committee; and 

‘‘(B) transfer funds to another Federal department or 

agency in order to carry out the activities of the Committee. 

‘‘(e) MARINE TRANSPORTATION SYSTEM ASSESSMENT AND

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

of this Act and every 5 years thereafter, the Committee shall 

provide to the Committee on Commerce, Science, and Transportation and the Committee on Environment and Public Works of 

the Senate and the Committee on Transportation and Infrastructure 

of the House of Representatives a report that includes— 

‘‘(1) steps taken to implement actions recommended in the 

document titled ‘National Strategy for the Marine Transportation System: A Framework for Action’ and dated July 2008; 

‘‘(2) an assessment of the condition of the marine transportation system; 

‘‘(3) a discussion of the challenges the marine transportation system faces in meeting user demand, including estimates of investment levels required to ensure system infrastructure meets such demand; 

‘‘(4) a plan, with recommended actions, for improving the 

marine transportation system to meet current and future challenges; and 

‘‘(5) steps taken to implement actions recommended in previous reports required under this subsection. 

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

the Committee may consult with marine transportation systemrelated advisory committees, interested parties, and the public.’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 555 of 

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

the following: 

‘‘55502. United States Committee on the Marine Transportation System.’’. 
H. R. 2838—30 

SEC. 311. TECHNICAL CORRECTION TO TITLE 46. 

Section 7507(a) of title 46, United States Code, is amended 

by striking ‘‘73’’ each place it appears and inserting ‘‘71’’. 

SEC. 312. DEEPWATER PORTS. 

Section 3(9)(A) of the Deepwater Port Act of 1974 (33 U.S.C. 

1502(9)(A)) is amended by inserting ‘‘or from’’ before ‘‘any State’’. 

TITLE IV—MARITIME ADMINISTRATION 

AUTHORIZATION 

SEC. 401. SHORT TITLE. 

This title may be cited as the ‘‘Maritime Administration 

Authorization Act for Fiscal Year 2013’’. 

SEC. 402. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL SECURITY ASPECTS OF THE MERCHANT MARINE FOR FISCAL 

YEAR 2013. 

Funds are hereby authorized to be appropriated for fiscal year 

2013, to be available without fiscal year limitation if so provided 

in appropriations Acts, for the use of the Department of Transportation for Maritime Administration programs associated with 

maintaining national security aspects of the merchant marine, as 

follows: 

(1) For expenses necessary for operations of the United 

States Merchant Marine Academy, $77,253,000, of which— 

(A) $67,253,000 shall remain available until expended 

for Academy operations; and 

(B) $10,000,000 shall remain available until expended 

for capital asset management at the Academy. 

(2) For expenses necessary to support the State maritime 

academies, $16,045,000, of which— 

(A) $2,400,000 shall remain available until expended 

for student incentive payments; 

(B) $2,545,000 shall remain available until expended 

for direct payments to such academies; and 

(C) $11,100,000 shall remain available until expended 

for maintenance and repair of State maritime academy 

training vessels. 

(3) For expenses necessary to dispose of vessels in the 

National Defense Reserve Fleet, $12,717,000, to remain available until expended. 

(4) For expenses to maintain and preserve a United Statesflag merchant marine to serve the national security needs 

of the United States under chapter 531 of title 46, United 

States Code, $186,000,000. 

(5) For the cost (as defined in section 502(5) of the Federal 

Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees 

under the program authorized by chapter 537 of title 46, United 

States Code, $3,750,000, all of which shall remain available 

until expended for administrative expenses of the program. 

SEC. 403. MARITIME ENVIRONMENTAL AND TECHNICAL ASSISTANCE. 

(a) IN GENERAL.—Chapter 503 of title 46, United States Code, 

is amended by adding at the end the following: 
H. R. 2838—31 

‘‘§ 50307. Maritime environmental and technical assistance 

program 

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

in the environmental study, research, development, assessment, 

and deployment of emerging marine technologies and practices 

related to the marine transportation system through the use of 

public vessels under the control of the Maritime Administration 

or private vessels under United States registry, and through partnerships and cooperative efforts with academic, public, private, 

and nongovernmental entities and facilities. 

‘‘(b) COMPONENTS.—Under this section, the Secretary of 

Transportation may— 

‘‘(1) identify, study, evaluate, test, demonstrate, or improve 

emerging marine technologies and practices that are likely 

to achieve environmental improvements by— 

‘‘(A) reducing air emissions, water emissions, or other 

ship discharges; 

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

fuels and alternative energy (including the use of shore 

power); or 

‘‘(C) controlling aquatic invasive species; and 

‘‘(2) coordinate with the Environmental Protection Agency, 

the Coast Guard, and other Federal, State, local, or tribal 

agencies, as appropriate. 

‘‘(c) COORDINATION.—Coordination under subsection (b)(2) may 

include— 

‘‘(1) activities that are associated with the development 

or approval of validation and testing regimes; and 

‘‘(2) certification or validation of emerging technologies or 

practices that demonstrate significant environmental benefits. 

‘‘(d) ASSISTANCE.—The Secretary of Transportation may accept 

gifts, or enter into cooperative agreements, contracts, or other agreements with academic, public, private, and nongovernmental entities 

and facilities to carry out the activities authorized under subsection 

(a).’’. 

(b) CONFORMING AMENDMENT.—The analysis for chapter 503 

of title 46, United States Code, is amended by inserting after 

the item relating to section 50306 the following: 

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

SEC. 404. PROPERTY FOR INSTRUCTIONAL PURPOSES. 

Section 51103(b) of title 46, United States Code, is amended— 

(1) in the subsection heading, by striking ‘‘SURPLUS’’; 

(2) by amending paragraph (1) to read as follows: 

‘‘(1) IN GENERAL.—The Secretary may cooperate with and 

assist the institutions named in paragraph (2) by making vessels, fuel, shipboard equipment, and other marine equipment, 

owned by the United States Government and determined by 

the entity having custody and control of such property to be 

excess or surplus, available to those institutions for instructional purposes, by gift, loan, sale, lease, or charter on terms 

and conditions the Secretary considers appropriate. The consent 

of the Secretary of the Navy shall be obtained with respect 

to any property from National Defense Reserve Fleet vessels, 

if such vessels are either Ready Reserve Force vessels or other 

National Defense Reserve Fleet vessels determined to be of 
H. R. 2838—32 

sufficient value to the Navy to warrant their further preservation and retention.’’; and 

(3) in paragraph (2)(C), by inserting ‘‘or a training institution that is an instrumentality of a State, the District of 

Columbia, a territory or possession of the United States, or 

a unit of local government thereof’’ after ‘‘a nonprofit training 

institution’’. 

SEC. 405. SHORT SEA TRANSPORTATION. 

(a) PURPOSE.—Section 55601 of title 46, United States Code, 

is amended— 

(1) in subsection (a), by striking ‘‘landside congestion.’’ and 

inserting ‘‘landside congestion or to promote short sea transportation.’’; 

(2) in subsection (c), by striking ‘‘coastal corridors’’ and 

inserting ‘‘coastal corridors or to promote short sea transportation’’; 

(3) in subsection (d), by striking ‘‘that the project may’’ 

and all that follows through the end of the subsection and 

inserting ‘‘that the project uses documented vessels and— 

‘‘(1) mitigates landside congestion; or 

‘‘(2) promotes short sea transportation.’’; and 

(4) in subsection (f), by striking ‘‘shall’’ each place it appears 

and inserting ‘‘may’’. 

(b) DOCUMENTATION.—Section 55605 is amended in the matter 

preceding paragraph (1) by striking ‘‘by vessel’’ and inserting ‘‘by 

a documented vessel’’. 

SEC. 406. LIMITATION OF NATIONAL DEFENSE RESERVE FLEET VESSELS TO THOSE OVER 1,500 GROSS TONS. 

Section 57101(a) of title 46, United States Code, is amended 

by inserting ‘‘of 1,500 gross tons or more or such other vessels 

as the Secretary of Transportation determines are appropriate’’ 

after ‘‘Administration’’. 

SEC. 407. TRANSFER OF VESSELS TO THE NATIONAL DEFENSE 

RESERVE FLEET. 

Section 57101 of title 46, United States Code, is amended 

by adding at the end the following: 

‘‘(c) AUTHORITY OF FEDERAL ENTITIES TO TRANSFER VESSELS.— 

All Federal entities are authorized to transfer vessels to the 

National Defense Reserve Fleet without reimbursement subject to 

the approval of the Secretary of Transportation and the Secretary 

of the Navy with respect to Ready Reserve Force vessels and the 

Secretary of Transportation with respect to all other vessels.’’. 

SEC. 408. CLARIFICATION OF HEADING. 

(a) IN GENERAL.—The section designation and heading for section 57103 of title 46, United States Code, is amended to read 

as follows: 

‘‘§ 57103. Donation of nonretention vessels in the National 

Defense Reserve Fleet’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 571 of 

title 46, United States Code, is amended by striking the item 

relating to section 57103 and inserting the following: 

‘‘57103. Donation of nonretention vessels in the National Defense Reserve Fleet.’’. 
H. R. 2838—33 

SEC. 409. MISSION OF THE MARITIME ADMINISTRATION. 

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

(1) in the subsection heading by striking ‘‘ORGANIZATION’’ 

and inserting ‘‘ORGANIZATION AND MISSION’’; and 

(2) by adding at the end the following: ‘‘The mission of 

the Maritime Administration is to foster, promote, and develop 

the merchant maritime industry of the United States.’’. 

SEC. 410. AMENDMENTS RELATING TO THE NATIONAL DEFENSE 

RESERVE FLEET. 

Subparagraphs (B), (C), and (D) of section 11(c)(1) of the Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744(c)(1)) are 

amended to read as follows: 

‘‘(B) activate and conduct sea trials on each vessel 

at a frequency that is considered by the Secretary to be 

necessary; 

‘‘(C) maintain and adequately crew, as necessary, in 

an enhanced readiness status those vessels that are scheduled to be activated in 5 or less days; 

‘‘(D) locate those vessels that are scheduled to be activated near embarkation ports specified for those vessels; 

and’’. 

SEC. 411. REQUIREMENT FOR BARGE DESIGN. 

Not later than 270 days after the date of enactment of this 

Act, the Administrator of the Maritime Administration shall complete the design for a containerized, articulated barge, as identified 

in the dual-use vessel study carried out by the Administrator and 

the Secretary of Defense, that is able to utilize roll-on/roll-off or 

load-on/load-off technology in marine highway maritime commerce. 

SEC. 412. CONTAINER-ON-BARGE TRANSPORTATION. 

(a) ASSESSMENT.—The Administrator of the Maritime Administration shall assess the potential for using container-on-barge 

transportation in short sea transportation (as such term is defined 

in section 55605 of title 46, United States Code). 

(b) FACTORS.—In conducting the assessment under subsection 

(a), the Administrator shall consider— 

(1) the environmental benefits of increasing container-onbarge movements in short sea transportation; 

(2) the regional differences in the use of short sea transportation; 

(3) the existing programs established at coastal and Great 

Lakes ports for establishing awareness of deep sea shipping 

operations; 

(4) the mechanisms necessary to ensure that implementation of a plan under subsection (c) will not be inconsistent 

with antitrust laws; and 

(5) the potential frequency of container-on-barge service 

at short sea transportation ports. 

(c) RECOMMENDATIONS.—The assessment under subsection (a) 

may include recommendations for a plan to increase awareness 

of the potential for use of container-on-barge transportation. 

(d) DEADLINE.—Not later than 180 days after the date of enactment of this Act, the Administrator shall submit the assessment 

required under this section to the Committee on Commerce, Science, 

and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. 
H. R. 2838—34 

SEC. 413. DEPARTMENT OF DEFENSE NATIONAL STRATEGIC PORTS 

STUDY AND COMPTROLLER GENERAL STUDIES AND 

REPORTS ON STRATEGIC PORTS. 

(a) SENSE OF CONGRESS ON COMPLETION OF DOD REPORT.— 

It is the sense of Congress that the Secretary of Defense should 

expedite completion of the study of strategic ports in the United 

States called for in the conference report to accompany the National 

Defense Authorization Act for Fiscal Year 2012 (Conference Report 

112–329) so that it can be submitted to Congress before July 1, 

2013. 

(b) SUBMISSION OF REPORT TO COMPTROLLER GENERAL.—In 

addition to submitting the report referred to in subsection (a) to 

Congress, the Secretary of Defense shall submit the report to the 

Comptroller General of the United States for consideration under 

subsection (c). 

(c) COMPTROLLER GENERAL STUDIES AND REPORTS ON STRATEGIC PORTS.— 

(1) COMPTROLLER GENERAL REVIEW.—Not later than 90 

days after receipt of the report referred to in subsection (a), 

the Comptroller General shall conduct an assessment of the 

report and submit to the Committee on Armed Services of 

the House of Representatives and the Committee on Armed 

Services of the Senate a report of such assessment. 

(2) COMPTROLLER GENERAL STUDY AND REPORT.—Not later 

than 270 days after the date of enactment of this Act, the 

Comptroller General shall conduct a study of the Department 

of Defense’s programs and efforts related to the state of strategic ports with respect to the Department’s operational and 

readiness requirements, and report to the Committee on Armed 

Services of the House of Representatives and the Committee 

on Armed Services of the Senate on the findings of such study. 

The report may include an assessment of— 

(A) the extent to which the facilities at strategic ports 

meet the Department of Defense’s requirements; 

(B) the extent to which the Department has identified 

gaps in the ability of existing strategic ports to meet its 

needs and identified and undertaken efforts to address 

any gaps; and 

(C) the Department’s ability to oversee, coordinate, 

and provide security for military deployments through strategic ports. 

(d) STRATEGIC PORT DEFINED.—In this section, the term ‘‘strategic port’’ means a United States port designated by the Secretary 

of Defense as a significant transportation hub important to the 

readiness and cargo throughput capacity of the Department of 

Defense. 

SEC. 414. MARITIME WORKFORCE STUDY. 

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

States shall conduct a study on the training needs of the maritime 

workforce. 

(b) STUDY COMPONENTS.—The study shall— 

(1) analyze the impact of maritime training requirements 

imposed by domestic and international regulations and conventions, companies, and government agencies that charter or 

operate vessels; 
H. R. 2838—35 

(2) evaluate the ability of the United States maritime 

training infrastructure to meet the needs of the maritime 

industry; 

(3) identify trends in maritime training; 

(4) compare the training needs of United States mariners 

with the vocational training and educational assistance programs available from Federal agencies to evaluate the ability 

of Federal programs to meet the training needs of United 

States mariners; 

(5) include recommendations to enhance the capabilities 

of the United States maritime training infrastructure; and 

(6) include recommendations to assist United States mariners and those entering the maritime profession to achieve 

the required training. 

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

enactment of this Act, the Comptroller General shall submit a 

report on the results of the study to the Committee on Commerce, 

Science, and Transportation of the Senate and the Committee on 

Transportation and Infrastructure of the House of Representatives. 

SEC. 415. MARITIME ADMINISTRATION VESSEL RECYCLING CONTRACT 

AWARD PRACTICES. 

(a) ASSESSMENT.—The Comptroller General of the United States 

shall conduct an assessment of the source selection procedures 

and practices used to award the Maritime Administration’s National 

Defense Reserve Fleet vessel recycling contracts. 

(b) CONTENTS.—The assessment under subsection (a) shall 

include a review of— 

(1) whether the Maritime Administration’s contract source 

selection procedures and practices are consistent with law, 

including the Federal Acquisition Regulation, and Federal best 

practices associated with making source selection decisions; 

(2) the process, procedures, and practices used for the Maritime Administration’s qualification of vessel recycling facilities; 

and 

(3) any other aspect of the Maritime Administration’s vessel 

recycling process that the Comptroller General deems appropriate to review. 

(c) FINDINGS.—Not later than one year after the date of enactment of this Act, the Comptroller General shall report the findings 

of the assessment under subsection (a) to the Committee on Commerce, Science, and Transportation and the Committee on Armed 

Services of the Senate and the Committee on Transportation and 

Infrastructure and the Committee on Armed Services of the House 

of Representatives. 

TITLE V—PIRACY 

SEC. 501. SHORT TITLE. 

This title may be cited as the ‘‘Piracy Suppression Act of 2012’’. 

SEC. 502. TRAINING FOR USE OF FORCE AGAINST PIRACY. 

(a) IN GENERAL.—Chapter 517 of title 46, United States Code, 

is amended by adding at the end the following: 
H. R. 2838—36 

‘‘§ 51705. Training for use of force against piracy 

‘‘The Secretary of Transportation, in consultation with the Secretary of Defense and the Secretary of the department in which 

the Coast Guard is operating, shall certify a training curriculum 

for United States mariners on the use of force against pirates. 

The curriculum shall include— 

‘‘(1) information on waters designated as high-risk waters 

by the Commandant of the Coast Guard; 

‘‘(2) information on current threats and patterns of attack 

by pirates; 

‘‘(3) tactics for defense of a vessel, including instruction 

on the types, use, and limitations of security equipment; 

‘‘(4) standard rules for the use of force for self-defense 

as developed by the Secretary of the department in which 

the Coast Guard is operating under section 912(c) of the Coast 

Guard Authorization Act of 2010 (Public Law 111–281; 46 

U.S.C. 8107 note), including instruction on firearm safety for 

crewmembers of vessels carrying cargo under section 55305 

of this title; and 

‘‘(5) procedures to follow to improve crewmember survivability if captured and taken hostage by pirates.’’. 

(b) DEADLINE.—The Secretary of Transportation shall certify 

the curriculum required under the amendment made by subsection 

(a) not later than 270 days after the date of enactment of this 

Act. 

(c) CLERICAL AMENDMENT.—The analysis for chapter 517 of 

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

the following: 

‘‘51705. Training program for use of force against piracy.’’. 

SEC. 503. SECURITY OF GOVERNMENT-IMPELLED CARGO. 

Section 55305 of title 46, United States Code, is amended 

by adding at the end the following: 

‘‘(e) SECURITY OF GOVERNMENT-IMPELLED CARGO.— ‘‘(1) In order to ensure the safety of vessels and crewmembers transporting equipment, materials, or commodities 

under this section, the Secretary of Transportation shall direct 

each department or agency (except the Department of Defense), 

when responsible for the carriage of such equipment, materials, 

or commodities, to provide armed personnel aboard vessels 

of the United States carrying such equipment, materials, or 

commodities if the vessels are transiting high-risk waters. 

‘‘(2) The Secretary of Transportation shall direct each 

department or agency responsible to provide armed personnel 

under paragraph (1) to reimburse, subject to the availability 

of appropriations, the owners or operators of applicable vessels 

for the cost of providing armed personnel. 

‘‘(3) In this subsection, the term ‘high-risk waters’ means 

waters so designated by the Commandant of the Coast Guard 

in the Port Security Advisory in effect on the date on which 

an applicable voyage begins.’’. 

SEC. 504. ACTIONS TAKEN TO PROTECT FOREIGN-FLAGGED VESSELS 

FROM PIRACY. 

Not later than 180 days after the date of enactment of this 

Act, the Secretary of Defense, in consultation with the Secretary 

of the department in which the Coast Guard is operating, shall 
H. R. 2838—37 

provide to the Committee on Armed Services and the Committee 

on Transportation and Infrastructure of the House of Representatives and the Committee on Armed Services and the Committee 

on Commerce, Science, and Transportation of the Senate a report 

on actions taken by the Secretary of Defense to protect foreignflagged vessels from acts of piracy on the high seas. The report 

shall include— 

(1) the total number of incidents for each of the fiscal 

years 2009 through 2012 in which a member of the armed 

services or an asset under the control of the Secretary of 

Defense was used to interdict or defend against an act of 

piracy directed against any vessel not documented under the 

laws of the United States; and 

(2) the estimated cost for each of the fiscal years 2009 

through 2012 for such incidents. 

TITLE VI—MARINE DEBRIS 

SEC. 601. SHORT TITLE. 

This title may be cited as the ‘‘Marine Debris Act Amendments 

of 2012’’. 

SEC. 602. SHORT TITLE AMENDMENT; REFERENCES. 

(a) SHORT TITLE AMENDMENT.—Section 1 of the Marine Debris 

Research, Prevention, and Reduction Act (33 U.S.C. 1951 note) 

is amended by striking ‘‘Research, Prevention, and Reduction’’. 

(b) REFERENCES.—Except as otherwise expressly provided, 

whenever in this title an amendment is expressed as an amendment 

to a section or other provision, the reference shall be considered 

to be made to a section or other provision of the Marine Debris 

Act (33 U.S.C. 1951 et seq.), as so retitled by subsection (a) of 

this section. 

SEC. 603. PURPOSE. 

Section 2 (33 U.S.C. 1951) is amended to read as follows: 

‘‘SEC. 2. PURPOSE. 

‘‘The purpose of this Act is to address the adverse impacts 

of marine debris on the United States economy, the marine environment, and navigation safety through the identification, determination of sources, assessment, prevention, reduction, and removal 

of marine debris.’’. 

SEC. 604. NOAA MARINE DEBRIS PROGRAM. 

(a) NAME OF PROGRAM.—Section 3 (33 U.S.C. 1952) is 

amended— 

(1) in the section heading by striking ‘‘PREVENTION AND

REMOVAL’’; and 

(2) in subsection (a)— 

(A) by striking ‘‘Prevention and Removal Program to 

reduce and prevent the occurrence and’’ and inserting ‘‘Program to identify, determine sources of, assess, prevent, 

reduce, and remove marine debris and address the’’; 

(B) by inserting ‘‘the economy of the United States,’’ 

after ‘‘marine debris on’’; and 

(C) by inserting a comma after ‘‘environment’’. 
H. R. 2838—38 

(b) PROGRAM COMPONENTS.—Section 3(b) (33 U.S.C. 1952(b)) 

is amended to read as follows: 

‘‘(b) PROGRAM COMPONENTS.—The Administrator, acting 

through the Program and subject to the availability of appropriations, shall— 

‘‘(1) identify, determine sources of, assess, prevent, reduce, 

and remove marine debris, with a focus on marine debris posing 

a threat to living marine resources and navigation safety; 

‘‘(2) provide national and regional coordination to assist 

States, Indian tribes, and regional organizations in the identification, determination of sources, assessment, prevention, 

reduction, and removal of marine debris; 

‘‘(3) undertake efforts to reduce the adverse impacts of 

lost and discarded fishing gear on living marine resources and 

navigation safety, including— 

‘‘(A) research and development of alternatives to gear 

posing threats to the marine environment and methods 

for marking gear used in certain fisheries to enhance the 

tracking, recovery, and identification of lost and discarded 

gear; and 

‘‘(B) the development of effective nonregulatory measures and incentives to cooperatively reduce the volume 

of lost and discarded fishing gear and to aid in gear 

recovery; 

‘‘(4) undertake outreach and education activities for the 

public and other stakeholders on sources of marine debris, 

threats associated with marine debris, and approaches to identifying, determining sources of, assessing, preventing, reducing, 

and removing marine debris and its adverse impacts on the 

United States economy, the marine environment, and navigation safety, including outreach and education activities through 

public-private initiatives; and 

‘‘(5) develop, in consultation with the Interagency Committee, interagency plans for the timely response to events 

determined by the Administrator to be severe marine debris 

events, including plans to— 

‘‘(A) coordinate across agencies and with relevant State, 

tribal, and local governments to ensure adequate, timely, 

and efficient response; 

‘‘(B) assess the composition, volume, and trajectory 

of marine debris associated with a severe marine debris 

event; and 

‘‘(C) estimate the potential impacts of a severe marine 

debris event, including economic impacts on human health, 

navigation safety, natural resources, tourism, and livestock, 

including aquaculture.’’. 

(c) GRANT CRITERIA AND GUIDELINES.—Section 3(c) (33 U.S.C. 

1952(c)) is amended— 

(1) in paragraph (1), by striking ‘‘section 2(1)’’ and inserting 

‘‘section 2’’; 

(2) by striking paragraph (5); and 

(3) by redesignating paragraphs (6) and (7) as paragraphs 

(5) and (6), respectively. 

(d) REPEAL.—Section 2204 of the Marine Plastic Pollution 

Research and Control Act of 1987 (33 U.S.C. 1915), and the item 

relating to that section in the table of contents contained in section 
H. R. 2838—39 

2 of the United States-Japan Fishery Agreement Approval Act 

of 1987, are repealed. 

SEC. 605. REPEAL OF OBSOLETE PROVISIONS. 

Section 4 (33 U.S.C. 1953) is amended— 

(1) by striking ‘‘(a) STRATEGY.—’’; and 

(2) by striking subsections (b) and (c). 

SEC. 606. COORDINATION. 

(a) INTERAGENCY MARINE DEBRIS COORDINATING COMMITTEE.— 

(1) IN GENERAL.—Section 2203 of the Marine Plastic Pollution Research and Control Act of 1987 (33 U.S.C. 1914) is 

redesignated and moved to replace and appear as section 5 

of the Marine Debris Act (33 U.S.C. 1954), as so retitled by 

section 602(a) of this title. 

(2) CONFORMING AMENDMENT.—Section 5 of the Marine 

Debris Act (33 U.S.C. 1954), as amended by paragraph (1) 

of this subsection, is further amended in subsection (d)(2)— 

(A) by striking ‘‘this Act’’ and inserting ‘‘the Marine 

Plastic Pollution Research and Control Act of 1987’’; and 

(B) by inserting ‘‘of the Marine Plastic Pollution 

Research and Control Act of 1987’’ after ‘‘section 2201’’. 

(3) CLERICAL AMENDMENT.—The item relating to section 

2203 in the table of contents contained in section 2 of the 

United States-Japan Fishery Agreement Approval Act of 1987 

is repealed. 

(b) BIENNIAL PROGRESS REPORTS.—Section 5(c)(2) of the Marine 

Debris Research, Prevention, and Reduction Act (33 U.S.C. 

1954(c)(2)), as in effect immediately before the enactment of this 

Act— 

(1) is redesignated and moved to appear as subsection 

(e) at the end of section 5 of the Marine Debris Act, as amended 

by subsection (a) of this section; and 

(2) is amended— 

(A) by striking ‘‘ANNUAL PROGRESS REPORTS.—’’ and 

all that follows through ‘‘thereafter’’ and inserting 

‘‘BIENNIAL PROGRESS REPORTS.—Biennially’’; 

(B) by striking ‘‘Interagency’’ each place it appears; 

(C) by striking ‘‘chairperson’’ and inserting ‘‘Chairperson’’; 

(D) by inserting ‘‘Natural’’ before ‘‘Resources’’; 

(E) by redesignating subparagraphs (A) through (E) 

as paragraphs (1) through (5), respectively; and 

(F) by moving all text 2 ems to the left. 

SEC. 607. CONFIDENTIALITY OF SUBMITTED INFORMATION. 

Section 6(2) (33 U.S.C. 1955(2)) is amended by striking ‘‘by 

the fishing industry’’. 

SEC. 608. DEFINITIONS. 

Section 7 (33 U.S.C. 1956) is amended— 

(1) in paragraph (2), by striking ‘‘2203 of the Marine Plastic 

Pollution Research and Control Act of 1987 (33 U.S.C. 1914)’’ 

and inserting ‘‘5 of this Act’’; 

(2) by striking paragraph (3) and inserting the following: 

‘‘(3) MARINE DEBRIS.—The term ‘marine debris’ means any 

persistent solid material that is manufactured or processed 
H. R. 2838—40 

and directly or indirectly, intentionally or unintentionally, disposed of or abandoned into the marine environment or the 

Great Lakes.’’; 

(3) by striking paragraph (5); 

(4) by redesignating paragraph (7) as paragraph (5); 

(5) in paragraph (5), as redesignated by paragraph (4) 

of this section, by striking ‘‘Prevention and Removal’’; 

(6) by striking paragraph (6) and inserting the following: 

‘‘(6) SEVERE MARINE DEBRIS EVENT.—The term ‘severe 

marine debris event’ means atypically large amounts of marine 

debris caused by a natural disaster, including a tsunami, flood, 

landslide, or hurricane, or other source.’’; and 

(7) by redesignating paragraph (8) as paragraph (7). 

SEC. 609. SEVERE MARINE DEBRIS EVENT DETERMINATION. 

(a) IN GENERAL.—The Administrator of the National Oceanic 

and Atmospheric Administration shall determine whether the 

March 2011, Tohoku earthquake and subsequent tsunami and the 

October 2012, hurricane Sandy each caused a severe marine debris 

event (as that term is defined in section 7(6) of the Marine Debris 

Act (33 U.S.C. 1956(6)), as amended by this Act). 

(b) DEADLINE.—Not later than 30 days after the date of enactment of this Act, the Administrator shall provide the determination 

required under subsection (a) to the Committee on Commerce, 

Science, and Transportation of the Senate and the Committee on 

Transportation and Infrastructure and the Committee on Natural 

Resources of the House of Representatives. 

TITLE VII—MISCELLANEOUS 

SEC. 701. DISTANT WATER TUNA FLEET. 

Section 421 of the Coast Guard and Maritime Transportation 

Act of 2006 (Public Law 109–241; 120 Stat. 547) is amended— 

(1) by striking subsection (b) and inserting the following: 

‘‘(b) LICENSING RESTRICTIONS.— 

‘‘(1) IN GENERAL.—Subsection (a) only applies to a foreign 

citizen who holds a credential that is equivalent to the credential issued by the Coast Guard to a United States citizen 

for the position, with respect to requirements for experience, 

training, and other qualifications. 

‘‘(2) TREATMENT OF CREDENTIAL.—An equivalent credential 

under paragraph (1) shall be considered as meeting the requirements of section 8304 of title 46, United States Code, but 

only while a person holding the credential is in the service 

of the vessel to which this section applies.’’; 

(2) in subsection (c) by inserting ‘‘or Guam’’ before the 

period at the end; and 

(3) in subsection (d) by striking ‘‘on December 31, 2012’’ 

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

the Governments of Certain Pacific Island States and the 

Government of the United States of America ceases to have 

effect for any party under Article 12.6 or 12.7 of such treaty, 

as in effect on the date of enactment of the Coast Guard 

and Maritime Transportation Act of 2012’’. 
H. R. 2838—41 

SEC. 702. TECHNICAL CORRECTIONS. 

(a) STUDY OF BRIDGES.—Section 905 of the Coast Guard 

Authorization Act of 2010 (Public Law 111–281; 33 U.S.C. 494a) 

is amended to read as follows: 

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

‘‘The Commandant of the Coast Guard shall submit to the 

Committee on Commerce, Science, and Transportation of the Senate 

and the Committee on Transportation and Infrastructure of the 

House of Representatives a comprehensive study on the construction 

or alteration of any bridge, drawbridge, or causeway over the navigable waters of the United States with a channel depth of 25 

feet or greater that may impede or obstruct future navigation 

to or from port facilities and for which a permit under the Act 

of March 23, 1906 (33 U.S.C. 491 et seq.), popularly known as 

the Bridge Act of 1906, was requested during the period beginning 

on January 1, 2006, and ending on August 3, 2011.’’. 

(b) WAIVER.—Section 7(c) of the America’s Cup Act of 2011 

(125 Stat. 755) is amended by inserting ‘‘located in Ketchikan, 

Alaska’’ after ‘‘moorage’’. 

SEC. 703. EXTENSION OF MORATORIUM. 

Section 2(a) of Public Law 110–299 (33 U.S.C. 1342 note) is 

amended by striking ‘‘2013’’ and inserting ‘‘2014’’. 

SEC. 704. NOTICE OF ARRIVAL. 

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

and Accountability For Every Port Act of 2006 (33 U.S.C. 1223 

note) dealing with notice of arrival requirements for foreign vessels 

on the Outer Continental Shelf shall not apply to a vessel documented under section 12105 of title 46, United States Code, unless 

the vessel arrives from a foreign port or place. 

SEC. 705. WAIVERS. 

(a) TEXAS STAR CASINO.— (1) IN GENERAL.—Notwithstanding section 12113(a)(4) of 

title 46, United States Code, the Secretary of the department 

in which the Coast Guard is operating may issue a certificate 

of documentation with a fishery endorsement for the Texas 

Star Casino (IMO number 7722047). 

(2) RESTRICTION.—Notwithstanding section 12113(b)(1) of 

title 46, United States Code, a fishery endorsement issued 

under paragraph (1) is not valid for any fishery for which 

a fishery management plan has been approved by the Secretary 

of Commerce pursuant to section 304 of the Magnuson-Stevens 

Fishery Conservation and Management Act (16 U.S.C. 1854) 

before the date of enactment of this Act. 

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

does not apply to the passenger vessel Ranger III (United States 

official number 277361), during any period that the vessel is owned 

and operated by the National Park Service. 

SEC. 706. NATIONAL RESPONSE CENTER NOTIFICATION REQUIREMENTS. 

The Ohio River Valley Water Sanitation Commission, established pursuant to the Ohio River Valley Water Sanitation Compact 

consented to and approved by Congress in the Act of July 11, 

1940 (54 Stat. 752), is deemed a Government agency for purposes 
H. R. 2838—42 

of the notification requirements of section 103 of the Comprehensive 

Environmental Response, Compensation, and Liability Act of 1980 

(42 U.S.C. 9603). The National Response Center shall convey 

notification, including complete and unredacted incident reports, 

expeditiously to the Commission regarding each release in or 

affecting the Ohio River Basin for which notification to all appropriate Government agencies is required. 

SEC. 707. VESSEL DETERMINATIONS. 

The vessel with United States official number 981472 and 

the vessel with United States official number 988333 shall each 

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

after January 1, 2008, from a privately owned United States shipyard if no encumbrances are on record with the Coast Guard at 

the time of the issuance of the new vessel certificate of documentation for each vessel. 

SEC. 708. MILLE LACS LAKE, MINNESOTA. 

The waters of Mille Lacs Lake, Minnesota, are not waters 

subject to the jurisdiction of the United States for the purposes 

of section 2 of title 14, United States Code. 

SEC. 709. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL 

PROCESS REFORM. 

Not later than 270 days after the date of enactment of this 

Act, the Secretary of Homeland Security shall reform the process 

for Transportation Worker Identification Credential enrollment, 

activation, issuance, and renewal to require, in total, not more 

than one in-person visit to a designated enrollment center except 

in cases in which there are extenuating circumstances, as determined by the Secretary, requiring more than one such in-person 

visit. 

SEC. 710. INVESTMENT AMOUNT. 

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

Act, the Secretary of the Treasury shall increase the $22,500,000 

invested in income-producing securities for purposes of section 

5006(b) of the Oil Pollution Act of 1990 (33 U.S.C. 2736(b)) by 

$12,851,340. 

SEC. 711. INTEGRATED CROSS-BORDER MARITIME LAW ENFORCEMENT 

OPERATIONS BETWEEN THE UNITED STATES AND CANADA. 

(a) AUTHORIZATION.—The Secretary of Homeland Security, 

acting through the Commandant of the Coast Guard, may establish 

an Integrated Cross-Border Maritime Law Enforcement Operations 

Program to coordinate the maritime security operations of the 

United States and Canada (in this section referred to as the ‘‘Program’’). 

(b) PURPOSE.—The Secretary, acting through the Commandant, 

shall administer the Program in a manner that results in a cooperative approach between the United States and Canada to strengthen 

border security and detect, prevent, suppress, investigate, and 

respond to terrorism and violations of law related to border security. 

(c) TRAINING.—The Secretary, acting through the Commandant 

and in consultation with the Secretary of State, may— 

(1) establish, as an element of the Program, a training 

program for individuals who will serve as maritime law enforcement officers; and 
H. R. 2838—43 

(2) conduct training jointly with Canada to enhance border 

security, including training— 

(A) on the detection and apprehension of suspected 

terrorists and individuals attempting to unlawfully cross 

or unlawfully use the international maritime border 

between the United States and Canada; 

(B) on the integration, analysis, and dissemination of 

port security information by and between the United States 

and Canada; 

(C) on policy, regulatory, and legal considerations 

related to the Program; 

(D) on the use of force in maritime security; 

(E) on operational procedures and protection of sensitive information; and 

(F) on preparedness and response to maritime terrorist 

incidents. 

(d) COORDINATION.—The Secretary, acting through the Commandant, shall coordinate the Program with other similar border 

security and antiterrorism programs within the Department of 

Homeland Security. 

(e) MEMORANDA OF AGREEMENT.—The Secretary may enter into 

any memorandum of agreement necessary to carry out the Program. 

SEC. 712. BRIDGE PERMITS. 

(a) IN GENERAL.—For the purposes of reviewing a permit 

application pursuant to section 9 of the Act of March 3, 1899, 

popularly known as the Rivers and Harbors Appropriation Act 

of 1899 (33 U.S.C. 401), the Act of March 23, 1906, popularly 

known as the Bridge Act of 1906 (33 U.S.C. 491 et seq.), the 

Act of June 21, 1940, popularly known as the Truman-Hobbs Act 

(33 U.S.C. 511 et seq.), or the General Bridge Act of 1946 (33 

U.S.C. 525 et seq.), the Secretary of the department in which 

the Coast Guard is operating may— 

(1) accept voluntary services from one or more owners 

of a bridge; and 

(2) accept and credit to Coast Guard operating expenses 

any amounts received from one or more owners of a bridge. 

(b) EXPEDITED PROCESS.—The Secretary of the department in 

which the Coast Guard is operating shall complete, on an expeditious basis and using the shortest existing applicable process, determinations on any required approval for issuance of any permits 

under the jurisdiction of such department related to the construction 

or alteration of a bridge over the Kill Van Kull consistent with 

Executive Order No. 13604 (March 22, 2012) and the Administration’s objectives for the project. 

SEC. 713. TONNAGE OF AQUEOS ACADIAN. 

The Secretary of the department in which the Coast Guard 

is operating may consider the tonnage measurements for the vessel 

Aqueos Acadian (United States official number 553645) recorded 

on the certificate of inspection for the vessel issued on September 

8, 2011, to be valid until May 2, 2014, if the vessel and the 

use of its space is not changed after November 16, 2012, in a 

way that substantially affects the tonnage of the vessel. 

SEC. 714. NAVIGABILITY DETERMINATION. 

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

enactment of this Act, the Commandant of the Coast Guard shall 
H. R. 2838—44 

submit to the Committee on Transportation and Infrastructure 

of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate an assessment of the 

impact of additional regulatory requirements imposed on passenger 

vessels operating on the Ringo Cocke Canal in Louisiana as a 

result of the covered navigability determination. 

(b) RESTRICTION.—Before the date that is 180 days after the 

date on which the assessment required under subsection (a) is 

submitted, the Commandant may not enforce any regulatory 

requirements imposed on passenger vessels operating on the Ringo 

Cocke Canal in Louisiana that are a result of the covered navigability determination. 

(c) COVERED NAVIGABILITY DETERMINATION DEFINED.—In this 

section, the term ‘‘covered navigability determination’’ means the 

Coast Guard’s Navigability Determination for Ringo Cocke Canal, 

Louisiana, dated March 25, 2010. 

SEC. 715. COAST GUARD HOUSING. 

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

Act, the Commandant of the Coast Guard shall submit to the 

Committee on Commerce, Science, and Transportation of the Senate 

and the Committee on Transportation and Infrastructure of the 

House of Representatives the Coast Guard’s National Housing 

Assessment and any analysis conducted by the Coast Guard of 

such assessment. 

SEC. 716. ASSESSMENT OF NEEDS FOR ADDITIONAL COAST GUARD 

PRESENCE IN HIGH-LATITUDE REGIONS. 

Not later than 180 days after the date of enactment of this 

Act, the Secretary of the department in which the Coast Guard 

is operating shall submit to the Committee on Commerce, Science, 

and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an assessment of the need for additional Coast Guard prevention and 

response capability in the high-latitude regions. The assessment 

shall address needs for all Coast Guard mission areas, including 

search and rescue, marine pollution response and prevention, fisheries enforcement, and maritime commerce. The Secretary shall 

include in the assessment— 

(1) an analysis of the high-latitude operating capabilities 

of all current Coast Guard assets other than icebreakers, 

including assets acquired under the Deepwater program; 

(2) an analysis of projected needs for Coast Guard operations in the high-latitude regions; and 

(3) an analysis of shore infrastructure, personnel, logistics, 

communications, and resources requirements to support Coast 

Guard operations in the high-latitude regions, including forward operating bases and existing infrastructure in the furthest 

north locations that are ice free, or nearly ice free, year round. 

SEC. 717. POTENTIAL PLACE OF REFUGE. 

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

enactment of this Act, the Commandant of the Coast Guard shall 

consult with appropriate Federal agencies and with State and local 

interests to determine what improvements, if any, are necessary 

to designate existing ice-free facilities or infrastructure in the Central Bering Sea as a fully functional, year-round Potential Place 

of Refuge. 
H. R. 2838—45 

(b) PURPOSES.—The purposes of the consultation under subsection (a) shall be to enhance safety of human life at sea and 

protect the marine environment in the Central Bering Sea. 

(c) DEADLINE FOR SUBMISSION.—Not later than 90 days after 

making the determination under subsection (a), the Commandant 

shall inform the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and 

Infrastructure of the House of Representatives in writing of the 

findings under subsection (a). 

SEC. 718. MERCHANT MARINER MEDICAL EVALUATION PROGRAM. 

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

enactment of this Act, the Commandant of the Coast Guard shall 

submit to the Committee on Transportation and Infrastructure 

of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate an assessment of the 

Coast Guard National Maritime Center’s merchant mariner medical 

evaluation program and alternatives to the program. 

(b) CONTENTS.—The assessment required under subsection (a) 

shall include the following: 

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

medical certification determinations for issuance of merchant 

mariners’ documents. 

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

Motor Carrier Safety Administration’s National Registry of Certified Medical Examiners program, and the Federal Aviation 

Administration’s Designated Aviation Medical Examiners program, could be applied by the Coast Guard in making medical 

fitness determinations for issuance of merchant mariners’ documents. 

(3) An explanation of how the amendments to the International Convention on Standards of Training, Certification 

and Watchkeeping for Seafarers, 1978, that entered into force 

on January 1, 2012, required changes to the Coast Guard’s 

merchant mariner medical evaluation program. 

SEC. 719. DETERMINATIONS. 

Not later than 270 days after the date of enactment of this 

Act, the Secretary of the department in which the Coast Guard 

is operating shall provide to the Committee on Transportation and 

Infrastructure of the House of Representatives and the Committee 

on Commerce, Science, and Transportation of the Senate an assessment of— 

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

base expertise as a result of rebuild, conversion, and doublehull work on United States-flag vessels eligible to engage in 

the coastwise trade being performed in foreign shipyards; 

(2) enforcement of the Coast Guard’s foreign rebuild determination regulations; and 

(3) recommendations for improving transparency in the 

Coast Guard’s foreign rebuild determination process. 

SEC. 720. IMPEDIMENTS TO THE UNITED STATES-FLAG REGISTRY. 

(a) ASSESSMENT.—Not later than 180 days after the date of 

enactment of this Act, the Commandant of the Coast Guard shall 

submit to the Committee on Transportation and Infrastructure 

of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate an assessment of factors 
H. R. 2838—46 

under the authority of the Coast Guard that impact the ability 

of vessels documented in the United States to effectively compete 

in international transportation markets. 

(b) CONTENT.—The assessment under subsection (a) shall 

include— 

(1) a review of differences between Coast Guard policies 

and regulations governing the inspection of vessels documented 

in the United States and International Maritime Organization 

policies and regulations governing the inspection of vessels 

not documented in the United States; 

(2) a statement on the impact such differences have on 

operating costs for vessels documented in the United States; 

and 

(3) recommendations on whether to harmonize any such 

differences. 

(c) CONSULTATION.—In preparing the assessment under subsection (a), the Commandant may consider the views of representatives of the owners or operators of vessels documented in the 

United States and the organizations representing the employees 

employed on such vessels. 

SEC. 721. ARCTIC DEEPWATER SEAPORT. 

(a) STUDY.—The Commandant of the Coast Guard, in consultation with the Commanding General of the Army Corps of Engineers, 

the Maritime Administrator, and the Chief of Naval Operations, 

shall conduct a study on the feasibility of establishing a deepwater 

seaport in the Arctic to protect and advance strategic United States 

interests within the Arctic region. 

(b) SCOPE.—The study under subsection (a) shall include an 

analysis of— 

(1) the capability provided by a deepwater seaport that— 

(A) is in the Arctic (as that term is defined in the 

section 112 of the Arctic Research and Policy Act of 1984 

(15 U.S.C. 4111)); and 

(B) has a depth of not less than 34 feet; 

(2) the potential and optimum locations for such deepwater 

seaport; 

(3) the resources needed to establish such deepwater seaport; 

(4) the timeframe needed to establish such deepwater seaport; 

(5) the infrastructure required to support such deepwater 

seaport; and 

(6) any other issues the Secretary considers necessary to 

complete the study. 

(c) DEADLINE FOR SUBMISSION OF FINDINGS.—Not later than 

1 year after the date of enactment of this Act, the Commandant 

shall submit the findings of the study under subsection (a) to 

the Committee on Commerce, Science, and Transportation of the 

Senate and the Committee on Transportation and Infrastructure 

of the House of Representatives. 

SEC. 722. RISK ASSESSMENT OF TRANSPORTING CANADIAN OIL SANDS. 

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

assess the increased vessel traffic in the Salish Sea (including 

Puget Sound, the Strait of Georgia, Haro Strait, Rosario Strait, 

and the Strait of Juan de Fuca), that may occur from the transport 

of Canadian oil sands oil. 
H. R. 2838—47 

(b) SCOPE.—The assessment required under subsection (a) shall, 

at a minimum, consider— 

(1) the extent to which vessel (including barge, tanker, 

and supertanker) traffic may increase due to Canadian oil 

sands development; 

(2) whether the transport of oil from Canadian oil sands 

within the Salish Sea is likely to require navigation through 

United States territorial waters; 

(3) the rules or regulations that restrict supertanker traffic 

in United States waters, including an assessment of whether 

there are methods to bypass those rules or regulations in such 

waters and adjacent Canadian waters; 

(4) the rules or regulations that restrict the amount of 

oil transported in tankers or barges in United States waters, 

including an assessment of whether there are methods to 

bypass those rules or regulations in such waters and adjacent 

Canadian waters; 

(5) the spill response capability throughout the shared 

waters of the United States and Canada, including oil spill 

response planning requirements for vessels bound for one 

nation transiting through the waters of the other nation; 

(6) the vessel emergency response towing capability at the 

entrance to the Strait of Juan de Fuca; 

(7) the agreement between the United States and Canada 

that outlines requirements for laden tank vessels to be escorted 

by tug boats; 

(8) whether oil extracted from oil sands has different properties from other types of oil, including toxicity and other 

properties, that may require different maritime clean up technologies; 

(9) a risk assessment of the increasing supertanker, tanker, 

and barge traffic associated with Canadian oil sands development or expected to be associated with Canadian oil sands 

development; and 

(10) the potential costs and benefits to the United States 

public and the private sector of maritime transportation of 

oil sands products. 

(c) CONSULTATION REQUIREMENT.—In conducting the assessment required under this section, the Commandant shall consult 

with the State of Washington, affected tribal governments, and 

industry, including vessel operators, oil sands producers, and spill 

response experts. The Commandant may consult with the Secretary 

of State. 

(d) DEADLINE FOR SUBMISSION.—Not later than 180 days after 

the date of enactment of this Act, the Commandant shall submit 

the assessment required under this section to the Committee on 
H. R. 2838—48 

Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.