```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2838 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2838

 To authorize appropriations for the Coast Guard for fiscal years 2012 
                 through 2015, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 2, 2011

Mr. LoBiondo (for himself and Mr. Mica) introduced the following bill; 
       which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL

 
 To authorize appropriations for the Coast Guard for fiscal years 2012 
                 through 2015, and for other purposes.

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

SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Coast Guard and 
Maritime Transportation Act of 2011''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
                         TITLE I--AUTHORIZATION

Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
             TITLE II--COAST GUARD AND SERVICEMEMBER PARITY

Sec. 201. Academy emoluments.
Sec. 202. Policy on sexual harassment and sexual violence.
Sec. 203. Appointments of permanent commissioned officers.
Sec. 204. Minor construction.
Sec. 205. Treatment of reports of aircraft accident investigations.
Sec. 206. Acquisition workforce expedited hiring authority.
Sec. 207. Coast Guard housing report.
                     TITLE III--COAST GUARD REFORM

Sec. 301. Repeals.
Sec. 302. Interference with Coast Guard transmissions.
Sec. 303. National security cutters.
Sec. 304. Major acquisitions report.
Sec. 305. Environmental compliance and restoration backlog.
Sec. 306. Coast Guard auxiliarist enrollment eligibility.
Sec. 307. Decommissionings.
Sec. 308. Assessment of needs for additional coast guard presence in 
                            high latitude regions.
Sec. 309. Limitation on expenditures.
                   TITLE IV--SHIPPING AND NAVIGATION

Sec. 401. Committee on the Marine Transportation System.
Sec. 402. Report on determinations.
Sec. 403. Dockside examinations.
Sec. 404. Investigation of marine casualties.
Sec. 405. Recourse for noncitizens.
Sec. 406. Maritime liens on fishing permits.
Sec. 407. Short sea transportation.
Sec. 408. Mission of the Maritime Administration.
                  TITLE V--FEDERAL MARITIME COMMISSION

Sec. 501. Authorization of appropriations.
                        TITLE VI--MISCELLANEOUS

Sec. 601. Technical corrections.
Sec. 602. Report on Coast Guard merchant mariner medical evaluation 
                            program.
Sec. 603. Notice of arrival.

                         TITLE I--AUTHORIZATION

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are authorized to be appropriated for each of the fiscal 
years 2012, 2013, and 2014 for necessary expenses of the Coast Guard as 
follows:
            (1) For the operation and maintenance of the Coast Guard--
                    (A) $6,819,505,000 for fiscal year 2012;
                    (B) $6,922,645,000 for fiscal year 2013; and
                    (C) $7,018,499,000 for fiscal year 2014;
        of which $24,500,000 is authorized for each of the fiscal years 
        2012, 2013, and 2014 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 related equipment 
        thereto--
                    (A) $1,503,980,000 for fiscal year 2012;
                    (B) $1,505,312,000 for fiscal year 2013; and
                    (C) $1,506,549,000 for fiscal year 2014;
        to remain available until expended, of which $20,000,000 for 
        each of the fiscal years 2012, 2013, and 2014 shall 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.
            (3) For the Coast Guard Reserve program, including 
        personnel and training costs, equipment, and services--
                    (A) $136,778,000 for fiscal year 2012;
                    (B) $138,111,000 for fiscal year 2013; and
                    (C) $139,311,000 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 2012;
                    (B) $16,699,000 for fiscal year 2013; and
                    (C) $16,700,000 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 in search and rescue, aids to 
        navigation, marine safety, marine environmental protection, 
        enforcement of laws and treaties, ice operations, oceanographic 
        research, and defense readiness--
                    (A) $19,779,000 for fiscal year 2012;
                    (B) $19,848,000 for fiscal year 2013; and
                    (C) $19,913,000 for fiscal year 2014;
        of which $650,000 for each of the fiscal years 2012, 2013, and 
        2014 shall 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.

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 the 
fiscal years 2012 through fiscal year 2014.
    (b) Military Training Student Loads.--The Coast Guard is authorized 
average military training student loads for the each of the fiscal 
years 2012 through fiscal year 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.

             TITLE II--COAST GUARD AND SERVICEMEMBER PARITY

SEC. 201. ACADEMY EMOLUMENTS.

    Section 195 of title 14, United States Code, is amended--
            (1) in subsection (c)--
                    (A) in the first sentence--
                            (i) by striking ``person'' and inserting 
                        ``foreign national''; and
                            (ii) by striking ``pay and allowances,'' 
                        and inserting ``pay, allowances, and 
                        emoluments,''; and
                    (B) in the second sentence--
                            (i) by striking ``A person'' and inserting 
                        ``A foreign national''; and
                            (ii) by striking ``pay and allowances,'' 
                        and inserting ``pay, allowances, and 
                        emoluments,''; and
            (2) in subsection (d), by striking ``A person'' and 
        inserting ``A foreign national''.

SEC. 202. POLICY ON SEXUAL HARASSMENT AND SEXUAL VIOLENCE.

    (a) Policy Requirement.--Chapter 9 of title 14, United States Code, 
is amended by inserting the following:
``Sec. 200. Policy on sexual harassment and sexual violence
    ``(a) Required Policy.--The Commandant 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 Coast Guard Academy.
    ``(b) Matters To Be Specified in Policy.--The policy on sexual 
harassment and sexual violence prescribed 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) Procedures that a cadet should follow in the case of 
        an occurrence of sexual harassment or sexual violence, 
        including--
                    ``(A) if the cadet 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 the options for 
                confidential reporting;
                    ``(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.
            ``(3) Procedures for disciplinary action in cases of 
        alleged criminal sexual assault involving a cadet or other 
        Academy personnel.
            ``(4) Any other sanction authorized to be imposed in a 
        substantiated case of sexual harassment or sexual violence 
        involving a cadet or other Academy personnel in rape, 
        acquaintance rape, or any other criminal sexual offense, 
        whether forcible or nonforcible.
            ``(5) Required training on the policy for all cadets and 
        other Academy personnel, including the specific training 
        required for personnel who process allegations of sexual 
        harassment or sexual violence involving Academy personnel.
    ``(c) Annual Assessment.--
            ``(1) The Commandant shall direct the Superintendent of the 
        Academy to conduct at the Academy during each Academy program 
        year an assessment to determine the effectiveness of the 
        policies, training, and procedures of the Academy with respect 
        to sexual harassment and sexual violence involving Academy 
        personnel.
            ``(2) 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 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 officials 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 officials of the 
                        Academy; and
                    ``(B) to assess the perceptions of Academy 
                personnel of--
                            ``(i) the policies, training, and 
                        procedures on sexual harassment and sexual 
                        violence involving Academy personnel;
                            ``(ii) the enforcement of such policies;
                            ``(iii) the incidence of sexual harassment 
                        and sexual violence involving Academy 
                        personnel; and
                            ``(iv) any other issues relating to sexual 
                        harassment and sexual violence involving 
                        Academy personnel.
    ``(d) Annual Report.--
            ``(1) The Commandant shall direct the Superintendent of the 
        Academy to submit to the Commandant a report on sexual 
        harassment and sexual violence involving cadets or other 
        personnel at the Academy for each Academy program year.
            ``(2) 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 program year and, of those reported cases, 
                the number that have been substantiated.
                    ``(B) The policies, procedures, and processes 
                implemented by the Commandant and the leadership of the 
                Academy in response to sexual harassment and sexual 
                violence involving cadets or other Academy personnel 
                during the program year.
                    ``(C) 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) 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 program 
        year under subsection (c)(2).
            ``(4)(A) The Commandant shall transmit to the Board of 
        Visitors of the Academy each report received by the Commandant 
        under this subsection, together with the Commandant's comments 
        on the report.
            ``(B) The Commandant shall transmit each such report, 
        together with the Commandant's comments on the report, to the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives.''.
    (b) Conforming Repeal.--Section 217 of the Coast Guard 
Authorization Act of 2010 (14 U.S.C. 93 note), and the item relating to 
such section in the table of contents in section 1(b) of such Act, are 
repealed.
    (c) Technical and Clerical Amendments.--The analysis at the 
beginning of such chapter is amended by adding at the end the 
following:

``200. Policy on sexual harassment and sexual violence.''.

SEC. 203. 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. 204. 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) Subject to the reporting requirements set forth in 
        paragraph (2), the Secretary may expend not more than 
        $1,500,000 from amounts available for the operating expenses of 
        the Coast Guard for minor construction and improvement projects 
        at any one location.
            ``(2) No 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 Amendment.--
            (1) Section 656 of title 14, United States Code, is further 
        amended in the heading by inserting before the period at the 
        end the following: ``; use of moneys appropriated for operating 
        expenses for minor construction and improvement''.
            (2) The analysis at the beginning of chapter 17 of such 
        title is amended in the item relating to section 656 by 
        striking ``waters.'' and inserting ``waters; use of moneys 
        appropriated for operating expenses for minor construction and 
        improvement.''.

SEC. 205. TREATMENT OF REPORTS OF AIRCRAFT ACCIDENT INVESTIGATIONS.

    (a) In General.--Chapter 17 of title 14, United States Code, is 
amended by adding at the end the following:
``Sec. 678. Treatment of reports of aircraft accident investigations
    ``(a) In General.--Whenever the Commandant 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) 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) The Commandant shall not disclose the information 
        requested in paragraph (1) unless 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) 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 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) Regulations.--The Commandant shall prescribe regulations to 
carry out this section.
    ``(f) 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 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 at the beginning of such 
chapter is amended by adding at the end the following:

``678. Treatment of reports of aircraft accident investigations.''.

SEC. 206. 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;''; and
            (2) in subsection (b)--
                    (A) by striking ``paragraph'' and inserting 
                ``section''; and
                    (B) by striking ``2012.'' and inserting ``2015.''.

SEC. 207. COAST GUARD HOUSING REPORT.

    In conjunction with the transmittal by the President of the budget 
of the United States for fiscal year 2013, 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 report on the status 
of Coast Guard servicemember housing, including--
            (1) a statement of the Coast Guard's housing needs 
        requirements;
            (2) an assessment of the condition of the Coast Guard's 
        current housing inventory, including both leased and owned 
        property;
            (3) an assessment of housing available for Coast Guard use 
        from surrounding communities and other government agencies for 
        all duty stations;
            (4) a list of housing capacity shortfalls and excess; and
            (5) a revised prioritized list of housing maintenance and 
        recapitalization projects.

                     TITLE III--COAST GUARD REFORM

SEC. 301. REPEALS.

    (a) District Ombudsman.--Section 55 of title 14, United State Code, 
and the item relating to such section in the analysis for chapter 3 of 
such title, are repealed.
    (b) FAA Air Aids to 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.
    (g) Acquisition Awards.--Section 563 of title 14, United States 
Code, and the item relating to such section in the analysis for chapter 
15 of such title, are repealed.

SEC. 302. INTERFERENCE WITH COAST GUARD TRANSMISSIONS.

    Section 88 of title 14, United States Code, is amended by adding 
the following:
    ``(e) An individual who knowingly and willfully operates a device 
that interferes 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 civil penalty of not more than $1,000 per 
        day for each violation.''.

SEC. 303. NATIONAL SECURITY CUTTERS.

    (a) In General.--Subchapter I of chapter 15 of title 14, United 
States Code is amended by adding at the end the following new section:
``Sec. 569a. National security cutters
    ``The Commandant may not acquire a sixth national security cutter 
on any date before which the Commandant--
            ``(1) has selected an offshore patrol cutter that meets at 
        least the minimum operational requirements set out in the 
        Operational Requirements Document approved by the Department in 
        October 20, 2010;
            ``(2) has acquired a sufficient number of Long Range 
        Interceptor II and Cutter Boat Over the Horizon IV small boats 
        for each of the first five national security cutters;
            ``(3) has achieved the goal of 225 days away from homeport 
        for each of the first three national security cutters; and
            ``(4) has submitted to the Committee on Commerce, Science, 
        and Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a program execution plan detailing increased 
        aerial coverage to support national security cutter 
        operations.''.
    (b) Clerical Amendment.--The analysis at the beginning of such 
chapter is amended by adding at the end of the items relating to such 
subchapter the following:

``569a. National security cutters.''.

SEC. 304. MAJOR ACQUISITIONS REPORT.

    (a) In General.--Subchapter I of chapter 15 of title 14, United 
States Code, is further amended by adding at the end the following:
``Sec. 569b. Major acquisitions report
    ``(a) Major Acquisition Programs Implementation Report.--In 
conjunction with the transmittal by the President of the budget of the 
United States for fiscal year 2013 and every two fiscal years 
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.--The report shall include for 
each major acquisition program--
            ``(1) a statement of Coast Guard's mission needs and 
        performance goals for such program, including a justification 
        for any change to those needs and goals from any report 
        previously submitted under this subsection;
            ``(2) a justification for how the projected number and 
        capabilities of each planned acquisition program asset meets 
        those mission needs and performance goals;
            ``(3) an identification of any and all mission hour gaps, 
        accompanied by an explanation on how and when the Coast Guard 
        will close those gaps;
            ``(4) an identification of any changes to such program, 
        including--
                    ``(A) any changes to the timeline for the 
                acquisition of each new asset and the phase out of 
                legacy assets; and
                    ``(B) any changes to the costs of new assets and 
                legacy assets for that fiscal year, future fiscal 
                years, or the total acquisition cost;
            ``(5) a justification for 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 shore-based 
        infrastructure and human resources;
            ``(7) an identification of how funds in that 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 lifecycle cost of each legacy asset that also identifies 
        any anticipated resource gaps;
            ``(9) a detailed explanation of how the costs of the legacy 
        assets are being accounted for within such program;
            ``(10) an annual performance comparison of new assets to 
        legacy assets; and
            ``(11) an identification of the scope of the anticipated 
        acquisitions workload for the next fiscal year and a 
        determination on the adequacy of the current acquisition 
        workforce to meet that anticipated workload, including the 
        specific positions that are or will be understaffed, and 
        actions that will be taken to correct such understaffing.
    ``(c) 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 they have not been maintained in class.
    ``(d) Definition.--For the purposes of 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 at the beginning of such 
chapter is further amended by adding at the end of the items relating 
to such subchapter the following:

``569b. Major acquisitions report.''.
    (c) Repeal.--
            (1) Section 408 of the Coast Guard and Maritime 
        Transportation Act of 2006 (120 Stat. 537) is amended by 
        striking subsection (a).
            (2) Title 14, United States Code, is amended--
                    (A) in section 562, by striking subsection (e) and 
                redesignating subsections (f) and (g) as (e) and (f), 
                respectively; and
                    (B) in section 573(c)(3), by striking subparagraph 
                (B).

SEC. 305. ENVIRONMENTAL COMPLIANCE AND RESTORATION BACKLOG.

    (a) In General.--Section 693 of title 14, United States Code, is 
amended to read as follows:
``Sec. 693. Annual report 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 the 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.''.
    (b) Clerical Amendment.--The analysis for chapter 19 of such title 
is amended by striking the item for such section and inserting the 
following:

``693. Annual report to Congress.''.

SEC. 306. COAST GUARD AUXILIARIST ENROLLMENT ELIGIBILITY.

    Section 823 of title 14, United States Code, is amended by 
inserting ``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)),'' after ``possessions,''.

SEC. 307. DECOMMISSIONINGS.

    (a) Polar Sea.--Not later than 6 months after the date of enactment 
of this Act, the Commandant of the Coast Guard shall decommission the 
USCGC POLAR SEA (WAGB 11).
    (b) Polar Star.--Not later than 3 years after the date of enactment 
of this Act, the Commandant of the Coast Guard shall decommission the 
USCGC POLAR STAR (WAGB 10).

SEC. 308. ASSESSMENT OF NEEDS FOR ADDITIONAL COAST GUARD PRESENCE IN 
              HIGH LATITUDE REGIONS.

    Not later than 60 days after the date of enactment of this Act, the 
Secretary of the department in which the Coast Guard is operating shall 
submit a report to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives assessing 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 report--
            (1) an assessment of the high latitude operating 
        capabilities of all current Coast Guard assets other than 
        icebreakers, including assets acquired under the Deepwater 
        program;
            (2) an assessment of projected needs for Coast Guard 
        forward operating bases in the high latitude regions; and
            (3) an assessment of shore infrastructure, personnel, 
        logistics, communications, and resources requirements to 
        support Coast Guard forward operating bases in the high 
        latitude regions.

SEC. 309. 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.''.

                   TITLE IV--SHIPPING AND NAVIGATION

SEC. 401. 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:
``Sec. 55502. Committee on the Marine Transportation System
    ``(a) Establishment.--There is established a Committee on the 
Marine Transportation System (in this section referred to as the 
`Committee').
    ``(b) Purpose.--The Committee shall--
            ``(1) assess the adequacy of the marine transportation 
        system (including ports, waterways, channels, and their 
        intermodal connections);
            ``(2) develop and implement policies to promote an 
        efficient marine transportation system; and
            ``(3) coordinate policies among Federal agencies to promote 
        an efficient marine transportation system.
    ``(c) Membership.--
            ``(1) In general.--The Committee shall consist of the 
        Secretary of Transportation, the Secretary of Defense, the 
        Secretary of Homeland Security, the Secretary of Commerce, the 
        Secretary of the Treasury, the Secretary of State, the 
        Secretary of the Interior, the Secretary of Agriculture, the 
        Attorney General, the Secretary of Labor, the Secretary of 
        Energy, the Administrator of the Environmental Protection 
        Agency, the Chairman of the Federal Maritime Commission, and 
        the head of any other Federal agency that the Committee Chair, 
        with the approval of a majority of the voting members of the 
        Committee, determines can further the purpose and activities of 
        the Committee.
            ``(2) Ex-officio members.--The Committee may also consist 
        of so many nonvoting members as the Committee Chair, with the 
        approval of a majority of the voting members of the Committee, 
        determines is appropriate to further the purpose and activities 
        of the Committee.
            ``(3) Chairman.--The Chair of the Committee 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 with the approval of a majority of the voting 
        members of the Committee.
    ``(d) Support.--
            ``(1) Coordinating board.--Each member of the Committee may 
        select a senior level representative to serve on a coordinating 
        board which shall assist the Committee in carrying out its 
        purpose and activities.
            ``(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 select 
        an executive director to assist the Committee in carrying out 
        its purpose and activities.
    ``(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 a report to Congress 
which includes--
            ``(1) steps taken to implement actions recommended in the 
        July 2008 `National Strategy for the Marine Transportation 
        System: A Framework for Action';
            ``(2) an assessment of the condition of the marine 
        transportation system;
            ``(3) a discussion of the challenges the system faces in 
        meeting user 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 the Marine Transportation System 
National Advisory Council, interested parties, and the public.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
31309 the following:

``55502. Committee on the Marine Transportation System.''.

SEC. 402. REPORT ON DETERMINATIONS.

    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 provide 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--
            (1) the loss of United States shipyard jobs and industrial 
        base expertise as a result of rebuild, conversion, and double-
        hull 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 the transparency in the 
        Coast Guard's foreign rebuild determination process.

SEC. 403. DOCKSIDE EXAMINATIONS.

    (a) In General.--Section 4502(f) of title 46, United states Code, 
is amended--
            (1) in paragraph (2) by striking ``at least once every 2 
        years'' and inserting ``at least once every 5 years'';
            (2) by striking ``and'' after the semicolon at the end of 
        paragraph (1);
            (3) by striking the period at the end of paragraph (2) and 
        inserting ``; and''; and
            (4) by adding at the end the following:
            ``(3) shall complete the first examination of a dockside 
        vessel under this section no 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''.

SEC. 404. INVESTIGATION OF MARINE CASUALTIES.

    Section 6301 of title 46, United States Code, is amended by 
striking ``The Secretary shall prescribe regulations for the immediate 
investigation of'' and inserting ``The Secretary shall investigate''.

SEC. 405. RECOURSE FOR NONCITIZENS.

    Section 30104 of title 46, United States Code, is amended--
            (1) by inserting ``(a) In General.--'' before the first 
        sentence; and
            (2) by adding at the end the following new subsection:
    ``(b) Recourse for Nonresident Alien Seamen Employed on Foreign 
Passenger Vessels.--A claim for damages or expenses relating to 
personal injury, illness, or death of a seaman who is a citizen of a 
foreign nation, arising during or from the engagement of the seaman by 
or for a passenger vessel duly registered under the laws of a foreign 
nation, may not be brought under the laws of the United States if--
            ``(1) such seaman was not a permanent resident alien of the 
        United States at the time the claim arose;
            ``(2) the injury, illness, or death occurred on the high 
        seas or in the territorial waters of a nation other than the 
        United States; and
            ``(3) the seaman or the seaman's personal representative 
        has or had a right to seek compensation for the injury, 
        illness, or death in, or under the laws of--
                    ``(A) the nation in which the vessel was registered 
                at the time the claim arose; or
                    ``(B) the nation in which the seaman maintained 
                citizenship or residency at the time the claim 
                arose.''.

SEC. 406. MARITIME LIENS ON FISHING PERMITS.

    (a) In General.--Subchapter I of chapter 313 of title 46, United 
States Code, is amended by adding at the end the following:
``Sec. 31310. Limitation on maritime liens on fishing permit and permit 
              description
    ``(a) In General.--This chapter--
            ``(1) does not establish a maritime lien on a permit that--
                    ``(A) authorizes a person or use of a vessel to 
                engage in fishing; and
                    ``(B) is issued under State or Federal law; and
            ``(2) does not authorize any civil action to enforce a 
        maritime lien on such a permit.
    ``(b) Fishing Permit Described.--A fishing permit--
            ``(1) is governed solely by the State or Federal law under 
        which it was issued; and
            ``(2) is not included in the whole of a vessel or as an 
        appurtenance or intangible of a vessel for any purpose.
    ``(c) Limitation on Statutory Construction.--Nothing in subsections 
(a) and (b) shall be construed as imposing any limitation upon the 
authority of the Secretary of Commerce to modify, suspend, revoke, or 
sanction any Federal fishery permit issued by the Secretary of Commerce 
or to bring a civil action to enforce such modification, suspension, 
revocation, or sanction.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
31309 the following:

``31310. Limitation on maritime liens on fishing permit and permit 
                            description.''.

SEC. 407. SHORT SEA TRANSPORTATION.

    (a) Purpose of Program and Projects; Reauthorization; 
Termination.--Section 55601 of title 46, United States Code, is 
amended--
            (1) in subsection (a), by striking ``landside congestion.'' 
        and inserting ``landside congestion and to promote increased 
        use of the navigable waters of the United States for 
        transportation of passengers or freight (or both).'';
            (2) in subsection (c), by inserting ``and to promote 
        waterborne transportation between ports within the United 
        States'' after ``coastal corridors'';
            (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 waterborne transportation between ports of 
        the United States.'';
            (4) by striking subsection (f) and redesignating subsection 
        (g) as subsection (f);
            (5) in subsection (f), as so redesignated, by adding at the 
        end the following--
            ``(4) Authorization of appropriations.--There is authorized 
        to be appropriated not more than $5,000,000 for each of the 
        fiscal years 2012 through fiscal year 2017 for grants under 
        this subsection.''; and
            (6) by adding at the end the following:
    ``(g) Termination of Authority.--Authority granted to the Secretary 
under this section shall terminate September 30, 2017.''.
    (b) Short Sea Transportation Definition.--Section 55605 of title 
46, United States Code, is amended by striking ``means the carriage by 
vessel of cargo--'' and inserting ``means the carriage of passengers or 
freight (or both) by a vessel documented under the laws of the United 
States--''.

SEC. 408. MISSION OF THE MARITIME ADMINISTRATION.

    Section 109(a) of title 49, United States Code, is amended--
            (1) in the section heading by striking ``Organization'' and 
        inserting ``Organization and mission''; and
            (2) by inserting at the end the following: ``The mission of 
        the Maritime Administration is to foster, promote, and develop 
        the domestic merchant maritime industry of the United 
        States.''.

                  TITLE V--FEDERAL MARITIME COMMISSION

SEC. 501. AUTHORIZATION OF APPROPRIATIONS.

    Section 501 of the Coast Guard and Maritime Transportation Act of 
2004 (Public Law 108-293; 118 Stat. 1049) is amended by striking 
``Commission--'' and all that follows through the period at the end of 
the section and inserting ``Commission for each of the fiscal years 
2012 through 2015, $22,100,000.''.

                        TITLE VI--MISCELLANEOUS

SEC. 601. TECHNICAL CORRECTIONS.

    (a) Title 14.--Title 14, United States Code, is amended--
            (1) in section 564, by striking subsection (d); and
            (2) in section 569(a), by striking ``and annually 
        thereafter,''.
    (b) Study of Bridges.--Section 905 of the Coast Guard Authorization 
Act of 2010 (Public Law 111-281; 124 Stat. 3012) 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, for 
which a permit under the Act of March 23, 1906 (chapter 1130; 33 U.S.C. 
491 et seq.), popularly known as the Bridge Act of 1906, was requested 
on or after January 1, 2006 and on or before August 3, 2011.''.

SEC. 602. REPORT ON COAST GUARD 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 a report on the Coast Guard National 
Maritime Center's merchant mariner medical evaluation program and 
alternatives to the program.
    (b) Contents.--The report 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 to make 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 enter 
        into force on January 1, 2012, will require changes to the 
        Coast Guard's merchant mariner medical evaluation program.

SEC. 603. NOTICE OF ARRIVAL.

    The regulations required under section 109(a) of Public Law 109-347 
(33 U.S.C. 1223 note) on notice of arrival 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 such vessel 
arrives from a foreign port or place.
                                 <all>
```