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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2838 Enrolled Bill (ENR)]

        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.
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:
        (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.

                         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:
``Sec. 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, 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;
                ``(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.''.
    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:
``Sec. 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:
``Sec. 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--
                ``(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 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.''.
    (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:
``Sec. 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:
``Sec. 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 
    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:
``Sec. 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 shore-based infrastructure 
    and human resources;
        ``(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:
``Sec. 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;
        ``(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 Manufactured 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:
``Sec. 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:
``Sec. 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--
        ``(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:
``Sec. 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:
``Sec. 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 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:
``Sec. 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:

                 ``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.

``Sec. 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.
``Sec. 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.
``Sec. 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--
        ``(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.
``Sec. 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:
``Sec. 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;
        ``(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
            (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 percentage-based 
        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.
    (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.
            (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.

                   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:
``Sec. 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:
    ``(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 non-Federal 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);
            (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.''.
    (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:
``Sec. 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 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));''; 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 (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:
``Sec. 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'';
        (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:
``Sec. 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.
    ``(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 system-related 
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.''.
    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 States-flag 
    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:
``Sec. 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 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:
``Sec. 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.''.
    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-on-barge 
    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.
    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;
        (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:
``Sec. 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 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 foreign-flagged 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''.
    (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 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 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''.
    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 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
        (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 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.
    (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 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 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 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.
    (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 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.
```