I 
112TH CONGRESS 
1ST SESSION H. R. 2838 
To authorize appropriations for the Coast Guard for fiscal years 2012 through 
2015, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 2, 2011 
Mr. LOBIONDO (for himself and Mr. MICA) introduced the following bill; 
which was referred to the Committee on Transportation and Infrastructure 
A BILL 
To authorize appropriations for the Coast Guard for fiscal 
years 2012 through 2015, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Coast Guard and Maritime Transportation Act of 2011’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title. 
TITLE I—AUTHORIZATION 
Sec. 101. Authorization of appropriations. 
Sec. 102. Authorized levels of military strength and training. 
TITLE II—COAST GUARD AND SERVICEMEMBER PARITY 
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Sec. 201. Academy emoluments. 
Sec. 202. Policy on sexual harassment and sexual violence. 
Sec. 203. Appointments of permanent commissioned officers. 
Sec. 204. Minor construction. 
Sec. 205. Treatment of reports of aircraft accident investigations. 
Sec. 206. Acquisition workforce expedited hiring authority. 
Sec. 207. Coast Guard housing report. 
TITLE III—COAST GUARD REFORM 
Sec. 301. Repeals. 
Sec. 302. Interference with Coast Guard transmissions. 
Sec. 303. National security cutters. 
Sec. 304. Major acquisitions report. 
Sec. 305. Environmental compliance and restoration backlog. 
Sec. 306. Coast Guard auxiliarist enrollment eligibility. 
Sec. 307. Decommissionings. 
Sec. 308. Assessment of needs for additional coast guard presence in high lati-
tude regions. 
Sec. 309. Limitation on expenditures. 
TITLE IV—SHIPPING AND NAVIGATION 
Sec. 401. Committee on the Marine Transportation System. 
Sec. 402. Report on determinations. 
Sec. 403. Dockside examinations. 
Sec. 404. Investigation of marine casualties. 
Sec. 405. Recourse for noncitizens. 
Sec. 406. Maritime liens on fishing permits. 
Sec. 407. Short sea transportation. 
Sec. 408. Mission of the Maritime Administration. 
TITLE V—FEDERAL MARITIME COMMISSION 
Sec. 501. Authorization of appropriations. 
TITLE VI—MISCELLANEOUS 
Sec. 601. Technical corrections. 
Sec. 602. Report on Coast Guard merchant mariner medical evaluation pro-
gram. 
Sec. 603. Notice of arrival. 
TITLE I—AUTHORIZATION 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
Funds are authorized to be appropriated for each of 
the fiscal years 2012, 2013, and 2014 for necessary ex-
penses of the Coast Guard as follows: 
(1) For the operation and maintenance of the 
Coast Guard— 
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Liability Trust Fund to carry out the purposes of 
section 1012(a)(5) of the Oil Pollution Act of 1990. 
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 
AND TRAINING. 
(a) ACTIVE DUTY STRENGTH.—The Coast Guard is 
authorized an end-of-year strength for active duty per-
sonnel of 47,000 for each of the fiscal years 2012 through 
fiscal year 2014. 
(b) MILITARY TRAINING STUDENT LOADS.—The 
Coast Guard is authorized average military training stu-
dent loads for the each of the fiscal years 2012 through 
fiscal year 2014 as follows: 
(1) For recruit and special training, 2,500 stu-
dent years. 
(2) For flight training, 165 student years. 
(3) For professional training in military and ci-
vilian institutions, 350 student years. 
(4) For officer acquisition, 1,200 student years. 
TITLE II—COAST GUARD AND 
SERVICEMEMBER PARITY 
SEC. 201. ACADEMY EMOLUMENTS. 
Section 195 of title 14, United States Code, is 
amended— 
(1) in subsection (c)— 
(A) in the first sentence— 
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(i) by striking ‘‘person’’ and inserting 
‘‘foreign national’’; and 
(ii) by striking ‘‘pay and allowances,’’ 
and inserting ‘‘pay, allowances, and emolu-
ments,’’; and 
(B) in the second sentence— 
(i) by striking ‘‘A person’’ and insert-
ing ‘‘A foreign national’’; and 
(ii) by striking ‘‘pay and allowances,’’ 
and inserting ‘‘pay, allowances, and emolu-
ments,’’; and 
(2) in subsection (d), by striking ‘‘A person’’ 
and inserting ‘‘A foreign national’’. 
SEC. 202. POLICY ON SEXUAL HARASSMENT AND SEXUAL 
VIOLENCE. 
(a) POLICY REQUIREMENT.—Chapter 9 of title 14, 
United States Code, is amended by inserting the following: 
‘‘§ 200. Policy on sexual harassment and sexual vio-
lence 
‘‘(a) REQUIRED POLICY.—The Commandant shall di-
rect the Superintendent of the Coast Guard Academy to 
prescribe a policy on sexual harassment and sexual vio-
lence applicable to the cadets and other personnel of the 
Coast Guard Academy. 
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‘‘(b) MATTERS TO BE SPECIFIED IN POLICY.—The 
policy on sexual harassment and sexual violence prescribed 
under this section shall include specification of the fol-
lowing: 
‘‘(1) Programs to promote awareness of the in-
cidence of rape, acquaintance rape, and other sexual 
offenses of a criminal nature that involve cadets or 
other Academy personnel. 
‘‘(2) Procedures that a cadet should follow in 
the case of an occurrence of sexual harassment or 
sexual violence, including— 
‘‘(A) if the cadet chooses to report an oc-
currence of sexual harassment or sexual vio-
lence, a specification of the person or persons to 
whom the alleged offense should be reported 
and the options for confidential reporting; 
‘‘(B) a specification of any other person 
whom the victim should contact; and 
‘‘(C) procedures on the preservation of evi-
dence potentially necessary for proof of criminal 
sexual assault. 
‘‘(3) Procedures for disciplinary action in cases 
of alleged criminal sexual assault involving a cadet 
or other Academy personnel. 
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‘‘(4) Any other sanction authorized to be im-
posed in a substantiated case of sexual harassment 
or sexual violence involving a cadet or other Acad-
emy personnel in rape, acquaintance rape, or any 
other criminal sexual offense, whether forcible or 
nonforcible. 
‘‘(5) Required training on the policy for all ca-
dets and other Academy personnel, including the 
specific training required for personnel who process 
allegations of sexual harassment or sexual violence 
involving Academy personnel. 
‘‘(c) ANNUAL ASSESSMENT.— 
‘‘(1) The Commandant shall direct the Super-
intendent of the Academy to conduct at the Acad-
emy during each Academy program year an assess-
ment to determine the effectiveness of the policies, 
training, and procedures of the Academy with re-
spect to sexual harassment and sexual violence in-
volving Academy personnel. 
‘‘(2) For the assessment at the Academy under 
paragraph (1) with respect to an Academy program 
year that begins in an odd-numbered calendar year, 
the Superintendent shall conduct a survey of Acad-
emy personnel— 
‘‘(A) to measure— 
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‘‘(i) the incidence, during that pro-
gram year, of sexual harassment and sex-
ual violence events, on or off the Academy 
reservation, that have been reported to of-
ficials of the Academy; and 
‘‘(ii) the incidence, during that pro-
gram year, of sexual harassment and sex-
ual violence events, on or off the Academy 
reservation, that have not been reported to 
officials of the Academy; and 
‘‘(B) to assess the perceptions of Academy 
personnel of— 
‘‘(i) the policies, training, and proce-
dures on sexual harassment and sexual vio-
lence involving Academy personnel; 
‘‘(ii) the enforcement of such policies; 
‘‘(iii) the incidence of sexual harass-
ment and sexual violence involving Acad-
emy personnel; and 
‘‘(iv) any other issues relating to sex-
ual harassment and sexual violence involv-
ing Academy personnel. 
‘‘(d) ANNUAL REPORT.— 
‘‘(1) The Commandant shall direct the Super-
intendent of the Academy to submit to the Com-
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mandant a report on sexual harassment and sexual 
violence involving cadets or other personnel at the 
Academy for each Academy program year. 
‘‘(2) Each report under paragraph (1) shall in-
clude, 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 re-
ported to Academy officials during the program 
year and, of those reported cases, the number 
that have been substantiated. 
‘‘(B) The policies, procedures, and proc-
esses implemented by the Commandant and the 
leadership of the Academy in response to sexual 
harassment and sexual violence involving cadets 
or other Academy personnel during the pro-
gram year. 
‘‘(C) A plan for the actions that are to be 
taken in the following Academy program year 
regarding prevention of and response to sexual 
harassment and sexual violence involving cadets 
or other Academy personnel. 
‘‘(3) Each report under paragraph (1) for an 
Academy program year that begins in an odd-num-
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bered calendar year shall include the results of the 
survey conducted in that program year under sub-
section (c)(2). 
‘‘(4)(A) The Commandant shall transmit to the 
Board of Visitors of the Academy each report re-
ceived by the Commandant under this subsection, to-
gether with the Commandant’s comments on the re-
port. 
‘‘(B) The Commandant shall transmit each 
such report, together with the Commandant’s com-
ments on the report, to the Committee on Com-
merce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infra-
structure of the House of Representatives.’’. 
(b) CONFORMING REPEAL.—Section 217 of the Coast 
Guard Authorization Act of 2010 (14 U.S.C. 93 note), 
and the item relating to such section in the table of con-
tents in section 1(b) of such Act, are repealed. 
(c) TECHNICAL AND CLERICAL AMENDMENTS.—The 
analysis at the beginning of such chapter is amended by 
adding at the end the following: 
‘‘200. Policy on sexual harassment and sexual violence.’’. 
SEC. 203. APPOINTMENTS OF PERMANENT COMMISSIONED 
OFFICERS. 
Section 211 of title 14, United States Code, is 
amended by adding at the end the following: 
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‘‘(d) For the purposes of this section, the term ‘origi-
nal’, with respect to the appointment of a member of the 
Coast Guard refers to that member’s most recent appoint-
ment in the Coast Guard that is neither a promotion nor 
a demotion.’’. 
SEC. 204. MINOR CONSTRUCTION. 
(a) IN GENERAL.—Section 656 of title 14, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(d) MINOR CONSTRUCTION AND IMPROVEMENT.— 
‘‘(1) Subject to the reporting requirements set 
forth in paragraph (2), the Secretary may expend 
not more than $1,500,000 from amounts available 
for the operating expenses of the Coast Guard for 
minor construction and improvement projects at any 
one location. 
‘‘(2) No later than 90 days after the end of 
each fiscal year, the Secretary shall submit, to the 
Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Trans-
portation and Infrastructure of the House of Rep-
resentatives, a report on each project undertaken 
during the course of the preceding fiscal year, for 
which the amount expended under paragraph (1) ex-
ceeded $500,000.’’. 
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(b) CLERICAL AMENDMENT.— 
(1) Section 656 of title 14, United States Code, 
is further amended in the heading by inserting be-
fore the period at the end the following: ‘‘; use of 
moneys appropriated for operating ex-
penses for minor construction and im-
provement’’. 
(2) The analysis at the beginning of chapter 17 
of such title is amended in the item relating to sec-
tion 656 by striking ‘‘waters.’’ and inserting ‘‘wa-
ters; use of moneys appropriated for operating ex-
penses for minor construction and improvement.’’. 
SEC. 205. TREATMENT OF REPORTS OF AIRCRAFT ACCI-
DENT INVESTIGATIONS. 
(a) IN GENERAL.—Chapter 17 of title 14, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 678. Treatment of reports of aircraft accident in-
vestigations 
‘‘(a) IN GENERAL.—Whenever the Commandant con-
ducts 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. 
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‘‘(b) PUBLIC DISCLOSURE OF CERTAIN ACCIDENT 
INVESTIGATION INFORMATION.— 
‘‘(1) Subject to paragraph (2), the Com-
mandant, upon request, shall publicly disclose un-
classified tapes, scientific reports, and other factual 
information pertinent to an aircraft accident inves-
tigation. 
‘‘(2) The Commandant shall not disclose the in-
formation requested in paragraph (1) unless the 
Commandant determines— 
‘‘(A) that such tapes, reports, or other in-
formation would be included within and releas-
able 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 con-
tinue to conduct the investigation; and 
‘‘(ii) would not compromise national 
security. 
‘‘(3) A disclosure under paragraph (1) may not 
be made by or through officials with responsibility 
for, or who are conducting, a safety investigation 
with respect to the accident. 
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‘‘(c) OPINIONS REGARDING CAUSATION
OF ACCI-
DENT.—Following an aircraft accident referred to in sub-
section (a)— 
‘‘(1) if the evidence surrounding the accident is 
sufficient for the investigators who conduct the acci-
dent 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 in-
clude a description of those factors, if any, that, in 
the opinion of the investigators, substantially con-
tributed to or caused the accident. 
‘‘(d) USE
OF
INFORMATION
IN
CIVIL
PRO-
CEEDINGS.—For purposes of any civil or criminal pro-
ceeding 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 acci-
dent set forth in the accident investigation report may not 
be considered as evidence in such proceeding, nor may 
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such report be considered an admission of liability by the 
United States or by any person referred to in such report. 
‘‘(e) REGULATIONS.—The Commandant shall pre-
scribe regulations to carry out this section. 
‘‘(f) DEFINITIONS.—For purposes of this section— 
‘‘(1) the term ‘accident investigation’ means 
any form of investigation by Coast Guard personnel 
of an aircraft accident referred to in subsection (a), 
other than a safety investigation; and 
‘‘(2) the term ‘safety investigation’ means an 
investigation by Coast Guard personnel of an air-
craft accident referred to in subsection (a), that is 
conducted solely to determine the cause of the acci-
dent and to obtain information that may prevent the 
occurrence of similar accidents.’’. 
(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of such chapter is amended by adding at the end 
the following: 
‘‘678. Treatment of reports of aircraft accident investigations.’’. 
SEC. 206. ACQUISITION WORKFORCE EXPEDITED HIRING 
AUTHORITY. 
Section 404 of the Coast Guard Authorization Act 
of 2010 (Public Law 111–281; 124 Stat. 2950) is amend-
ed— 
(1) in subsection (a)(1), by striking ‘‘as short-
age category positions;’’ and inserting ‘‘as positions 
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for which there exists a shortage of candidates or 
there is a critical hiring need;’’; and 
(2) in subsection (b)— 
(A) by striking ‘‘paragraph’’ and inserting 
‘‘section’’; and 
(B) by striking ‘‘2012.’’ and inserting 
‘‘2015.’’. 
SEC. 207. COAST GUARD HOUSING REPORT. 
In conjunction with the transmittal by the President 
of the budget of the United States for fiscal year 2013, 
the Commandant of the Coast Guard shall submit to the 
Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Transportation and In-
frastructure of the House of Representatives a report on 
the status of Coast Guard servicemember housing, includ-
ing— 
(1) a statement of the Coast Guard’s housing 
needs requirements; 
(2) an assessment of the condition of the Coast 
Guard’s current housing inventory, including both 
leased and owned property; 
(3) an assessment of housing available for 
Coast Guard use from surrounding communities and 
other government agencies for all duty stations; 
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(4) a list of housing capacity shortfalls and ex-
cess; and 
(5) a revised prioritized list of housing mainte-
nance and recapitalization projects. 
TITLE III—COAST GUARD 
REFORM 
SEC. 301. REPEALS. 
(a) DISTRICT OMBUDSMAN.—Section 55 of title 14, 
United State Code, and the item relating to such section 
in the analysis for chapter 3 of such title, are repealed. 
(b) FAA AIR AIDS TO NAVIGATION.—Section 82 of 
title 14, United States Code, and the item relating to such 
section in the analysis for chapter 5 of such title, are re-
pealed. 
(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 GOV-
ERNMENTS.—Section 149(a) of title 14, United States 
Code, is amended by striking the second and third sen-
tences. 
(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. 
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(f) HISTORY FELLOWSHIPS.—Section 198 of title 14, 
United States Code, and the item relating to such section 
in the analysis for chapter 9 of such title, are repealed. 
(g) ACQUISITION AWARDS.—Section 563 of title 14, 
United States Code, and the item relating to such section 
in the analysis for chapter 15 of such title, are repealed. 
SEC. 302. INTERFERENCE WITH COAST GUARD TRANS-
MISSIONS. 
Section 88 of title 14, United States Code, is amend-
ed by adding the following: 
‘‘(e) An individual who knowingly and willfully oper-
ates a device that interferes with the broadcast or recep-
tion of a radio, microwave, or other signal (including a 
signal from a global positioning system) transmitted, re-
transmitted, or augmented by the Coast Guard for the 
purpose of maritime safety is— 
‘‘(1) guilty of a class E felony; and 
‘‘(2) subject to civil penalty of not more than 
$1,000 per day for each violation.’’. 
SEC. 303. NATIONAL SECURITY CUTTERS. 
(a) IN GENERAL.—Subchapter I of chapter 15 of title 
14, United States Code is amended by adding at the end 
the following new section: 
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‘‘§ 569a. National security cutters 
‘‘The Commandant may not acquire a sixth national 
security cutter on any date before which the Com-
mandant— 
‘‘(1) has selected an offshore patrol cutter that 
meets at least the minimum operational require-
ments set out in the Operational Requirements Doc-
ument approved by the Department in October 20, 
2010; 
‘‘(2) has acquired a sufficient number of Long 
Range Interceptor II and Cutter Boat Over the Ho-
rizon IV small boats for each of the first five na-
tional security cutters; 
‘‘(3) has achieved the goal of 225 days away 
from homeport for each of the first three national 
security cutters; and 
‘‘(4) has submitted to the Committee on Com-
merce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infra-
structure of the House of Representatives a program 
execution plan detailing increased aerial coverage to 
support national security cutter operations.’’. 
(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of such chapter is amended by adding at the end 
of the items relating to such subchapter the following: 
‘‘569a. National security cutters.’’. 
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SEC. 304. MAJOR ACQUISITIONS REPORT. 
(a) IN GENERAL.—Subchapter I of chapter 15 of title 
14, United States Code, is further amended by adding at 
the end the following: 
‘‘§ 569b. Major acquisitions report 
‘‘(a) MAJOR ACQUISITION PROGRAMS IMPLEMENTA-
TION REPORT.—In conjunction with the transmittal by 
the President of the budget of the United States for fiscal 
year 2013 and every two fiscal years thereafter, the Sec-
retary shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives a report on the status of all major ac-
quisition programs. 
‘‘(b) INFORMATION TO BE INCLUDED.—The report 
shall include for each major acquisition program— 
‘‘(1) a statement of Coast Guard’s mission 
needs and performance goals for such program, in-
cluding a justification for any change to those needs 
and goals from any report previously submitted 
under this subsection; 
‘‘(2) a justification for how the projected num-
ber and capabilities of each planned acquisition pro-
gram asset meets those mission needs and perform-
ance goals; 
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‘‘(3) an identification of any and all mission 
hour gaps, accompanied by an explanation on how 
and when the Coast Guard will close those gaps; 
‘‘(4) an identification of any changes to such 
program, including— 
‘‘(A) any changes to the timeline for the 
acquisition of each new asset and the phase out 
of legacy assets; and 
‘‘(B) any changes to the costs of new as-
sets and legacy assets for that fiscal year, fu-
ture fiscal years, or the total acquisition cost; 
‘‘(5) a justification for how any change to such 
program fulfills the mission needs and performance 
goals of the Coast Guard; 
‘‘(6) a description of how the Coast Guard is 
planning for the integration of each new asset ac-
quired under such program into the Coast Guard, 
including needs related to shore-based infrastructure 
and human resources; 
‘‘(7) an identification of how funds in that fis-
cal year’s budget request will be allocated, including 
information on the purchase of specific assets; 
‘‘(8) a projection of the remaining operational 
lifespan and lifecycle cost of each legacy asset that 
also identifies any anticipated resource gaps; 
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‘‘(9) a detailed explanation of how the costs of 
the legacy assets are being accounted for within such 
program; 
‘‘(10) an annual performance comparison of 
new assets to legacy assets; and 
‘‘(11) an identification of the scope of the an-
ticipated acquisitions workload for the next fiscal 
year and a determination on the adequacy of the 
current acquisition workforce to meet that antici-
pated workload, including the specific positions that 
are or will be understaffed, and actions that will be 
taken to correct such understaffing. 
‘‘(c) CUTTERS NOT MAINTAINED IN CLASS.—Each 
report under subsection (a) shall identify which, if any, 
Coast Guard cutters that have been issued a certificate 
of classification by the American Bureau of Shipping have 
not been maintained in class with an explanation detailing 
the reasons why they have not been maintained in class. 
‘‘(d) DEFINITION.—For the purposes of this section, 
the term ‘major acquisition program’ means an ongoing 
acquisition undertaken by the Coast Guard with a life- 
cycle 
cost 
estimate 
greater 
than 
or 
equal 
to 
$300,000,000.’’. 
(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of such chapter is further amended by adding at 
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the end of the items relating to such subchapter the fol-
lowing: 
‘‘569b. Major acquisitions report.’’. 
(c) REPEAL.— 
(1) Section 408 of the Coast Guard and Mari-
time Transportation Act of 2006 (120 Stat. 537) is 
amended by striking subsection (a). 
(2) Title 14, United States Code, is amended— 
(A) in section 562, by striking subsection 
(e) and redesignating subsections (f) and (g) as 
(e) and (f), respectively; and 
(B) in section 573(c)(3), by striking sub-
paragraph (B). 
SEC. 305. ENVIRONMENTAL COMPLIANCE AND RESTORA-
TION BACKLOG. 
(a) IN GENERAL.—Section 693 of title 14, United 
States Code, is amended to read as follows: 
‘‘§ 693. Annual report to Congress 
‘‘The Commandant of the Coast Guard shall submit 
to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate the 
prioritized list of projects eligible for environmental com-
pliance and restoration funding for each fiscal year con-
current with the President’s budget submission for that 
fiscal year.’’. 
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(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 19 of such title is amended by striking the item for 
such section and inserting the following: 
‘‘693. Annual report to Congress.’’. 
SEC. 306. COAST GUARD AUXILIARIST ENROLLMENT ELIGI-
BILITY. 
Section 823 of title 14, United States Code, is 
amended by inserting ‘‘and aliens lawfully admitted for 
permanent residence, as defined in section 101(a)(20) of 
the Immigration and Nationality Act (8 U.S.C. 1101 
(a)(20)),’’ after ‘‘possessions,’’. 
SEC. 307. DECOMMISSIONINGS. 
(a) POLAR SEA.—Not later than 6 months after the 
date of enactment of this Act, the Commandant of the 
Coast Guard shall decommission the USCGC POLAR 
SEA (WAGB 11). 
(b) POLAR STAR.—Not later than 3 years after the 
date of enactment of this Act, the Commandant of the 
Coast Guard shall decommission the USCGC POLAR 
STAR (WAGB 10). 
SEC. 308. ASSESSMENT OF NEEDS FOR ADDITIONAL COAST 
GUARD PRESENCE IN HIGH LATITUDE RE-
GIONS. 
Not later than 60 days after the date of enactment 
of this Act, the Secretary of the department in which the 
Coast Guard is operating shall submit a report to the 
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Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Transportation and In-
frastructure of the House of Representatives assessing the 
need for additional Coast Guard prevention and response 
capability in the high latitude regions. The assessment 
shall address needs for all Coast Guard mission areas, in-
cluding search and rescue, marine pollution response and 
prevention, fisheries enforcement, and maritime com-
merce. The Secretary shall include in the report— 
(1) an assessment of the high latitude operating 
capabilities of all current Coast Guard assets other 
than icebreakers, including assets acquired under 
the Deepwater program; 
(2) an assessment of projected needs for Coast 
Guard forward operating bases in the high latitude 
regions; and 
(3) an assessment of shore infrastructure, per-
sonnel, logistics, communications, and resources re-
quirements to support Coast Guard forward oper-
ating bases in the high latitude regions. 
SEC. 309. LIMITATION ON EXPENDITURES. 
Section 149(d) of title 14, United States Code, is 
amended by adding at the end the following: 
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‘‘(3) The amount of funds used under this sub-
section may not exceed $100,000 in any fiscal 
year.’’. 
TITLE IV—SHIPPING AND 
NAVIGATION 
SEC. 401. COMMITTEE ON THE MARINE TRANSPORTATION 
SYSTEM. 
(a) IN GENERAL.—Chapter 555 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 55502. Committee on the Marine Transportation 
System 
‘‘(a) ESTABLISHMENT.—There is established a Com-
mittee on the Marine Transportation System (in this sec-
tion referred to as the ‘Committee’). 
‘‘(b) PURPOSE.—The Committee shall— 
‘‘(1) assess the adequacy of the marine trans-
portation system (including ports, waterways, chan-
nels, and their intermodal connections); 
‘‘(2) develop and implement policies to promote 
an efficient marine transportation system; and 
‘‘(3) coordinate policies among Federal agencies 
to promote an efficient marine transportation sys-
tem. 
‘‘(c) MEMBERSHIP.— 
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‘‘(1) IN GENERAL.—The Committee shall con-
sist of the Secretary of Transportation, the Sec-
retary of Defense, the Secretary of Homeland Secu-
rity, the Secretary of Commerce, the Secretary of 
the Treasury, the Secretary of State, the Secretary 
of the Interior, the Secretary of Agriculture, the At-
torney General, the Secretary of Labor, the Sec-
retary of Energy, the Administrator of the Environ-
mental Protection Agency, the Chairman of the Fed-
eral Maritime Commission, and the head of any 
other Federal agency that the Committee Chair, 
with the approval of a majority of the voting mem-
bers of the Committee, determines can further the 
purpose and activities of the Committee. 
‘‘(2) EX-OFFICIO
MEMBERS.—The Committee 
may also consist of so many nonvoting members as 
the Committee Chair, with the approval of a major-
ity of the voting members of the Committee, deter-
mines is appropriate to further the purpose and ac-
tivities of the Committee. 
‘‘(3) CHAIRMAN.—The Chair of the Committee 
shall rotate each year among the Secretary of Trans-
portation, the Secretary of Defense, the Secretary of 
Homeland Security, and the Secretary of Commerce. 
The order of rotation shall be determined with the 
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approval of a majority of the voting members of the 
Committee. 
‘‘(d) SUPPORT.— 
‘‘(1) COORDINATING BOARD.—Each member of 
the Committee may select a senior level representa-
tive to serve on a coordinating board which shall as-
sist the Committee in carrying out its purpose and 
activities. 
‘‘(2) EXECUTIVE DIRECTOR.—The Secretary of 
Transportation, in consultation with the Secretary of 
Defense, the Secretary of Homeland Security, and 
the Secretary of Commerce, shall select an executive 
director to assist the Committee in carrying out its 
purpose and activities. 
‘‘(e) MARINE TRANSPORTATION SYSTEM ASSESS-
MENT AND STRATEGY.—Not later than one year after the 
date of enactment of this Act and every 5 years thereafter, 
the Committee shall provide a report to Congress which 
includes— 
‘‘(1) steps taken to implement actions rec-
ommended in the July 2008 ‘National Strategy for 
the Marine Transportation System: A Framework 
for Action’; 
‘‘(2) an assessment of the condition of the ma-
rine transportation system; 
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‘‘(3) a discussion of the challenges the system 
faces in meeting user demand; 
‘‘(4) a plan with recommended actions for im-
proving the marine transportation system to meet 
current and future challenges; and 
‘‘(5) steps taken to implement actions rec-
ommended in previous reports required under this 
subsection. 
‘‘(f) CONSULTATION.—In carrying out its purpose 
and activities, the Committee may consult with the Marine 
Transportation System National Advisory Council, inter-
ested parties, and the public.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 31309 the following: 
‘‘55502. Committee on the Marine Transportation System.’’. 
SEC. 402. REPORT ON DETERMINATIONS. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary of the department in which the 
Coast Guard is operating shall provide to the Committee 
on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on— 
(1) the loss of United States shipyard jobs and 
industrial base expertise as a result of rebuild, con-
version, and double-hull work on United States-flag 
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vessels eligible to engage in the coastwise trade 
being performed in foreign shipyards; 
(2) enforcement of the Coast Guard’s foreign 
rebuild determination regulations; and 
(3) recommendations for improving the trans-
parency in the Coast Guard’s foreign rebuild deter-
mination process. 
SEC. 403. DOCKSIDE EXAMINATIONS. 
(a) IN GENERAL.—Section 4502(f) of title 46, United 
states Code, is amended— 
(1) in paragraph (2) by striking ‘‘at least once 
every 2 years’’ and inserting ‘‘at least once every 5 
years’’; 
(2) by striking ‘‘and’’ after the semicolon at the 
end of paragraph (1); 
(3) by striking the period at the end of para-
graph (2) and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(3) shall complete the first examination of a 
dockside vessel under this section no later than Oc-
tober 15, 2015.’’. 
(b) DATABASE.—Section 4502(g)(4) of title 46, 
United States Code, is amended by striking ‘‘a publicly 
accessible’’ and inserting ‘‘an’’. 
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SEC. 404. INVESTIGATION OF MARINE CASUALTIES. 
Section 6301 of title 46, United States Code, is 
amended by striking ‘‘The Secretary shall prescribe regu-
lations for the immediate investigation of’’ and inserting 
‘‘The Secretary shall investigate’’. 
SEC. 405. RECOURSE FOR NONCITIZENS. 
Section 30104 of title 46, United States Code, is 
amended— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before 
the first sentence; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) RECOURSE FOR NONRESIDENT ALIEN SEAMEN 
EMPLOYED ON FOREIGN PASSENGER VESSELS.—A claim 
for damages or expenses relating to personal injury, ill-
ness, or death of a seaman who is a citizen of a foreign 
nation, arising during or from the engagement of the sea-
man by or for a passenger vessel duly registered under 
the laws of a foreign nation, may not be brought under 
the laws of the United States if— 
‘‘(1) such seaman was not a permanent resident 
alien of the United States at the time the claim 
arose; 
‘‘(2) the injury, illness, or death occurred on 
the high seas or in the territorial waters of a nation 
other than the United States; and 
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‘‘(3) the seaman or the seaman’s personal rep-
resentative has or had a right to seek compensation 
for the injury, illness, or death in, or under the laws 
of— 
‘‘(A) the nation in which the vessel was 
registered at the time the claim arose; or 
‘‘(B) the nation in which the seaman main-
tained citizenship or residency at the time the 
claim arose.’’. 
SEC. 406. MARITIME LIENS ON FISHING PERMITS. 
(a) IN GENERAL.—Subchapter I of chapter 313 of 
title 46, United States Code, is amended by adding at the 
end the following: 
‘‘§ 31310. Limitation on maritime liens on fishing per-
mit and permit description 
‘‘(a) IN GENERAL.—This chapter— 
‘‘(1) does not establish a maritime lien on a 
permit that— 
‘‘(A) authorizes a person or use of a vessel 
to engage in fishing; and 
‘‘(B) is issued under State or Federal law; 
and 
‘‘(2) does not authorize any civil action to en-
force a maritime lien on such a permit. 
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‘‘(b) FISHING PERMIT DESCRIBED.—A fishing per-
mit— 
‘‘(1) is governed solely by the State or Federal 
law under which it was issued; and 
‘‘(2) is not included in the whole of a vessel or 
as an appurtenance or intangible of a vessel for any 
purpose. 
‘‘(c) LIMITATION ON STATUTORY CONSTRUCTION.— 
Nothing in subsections (a) and (b) shall be construed as 
imposing any limitation upon the authority of the Sec-
retary of Commerce to modify, suspend, revoke, or sanc-
tion any Federal fishery permit issued by the Secretary 
of Commerce or to bring a civil action to enforce such 
modification, suspension, revocation, or sanction.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 31309 the following: 
‘‘31310. Limitation on maritime liens on fishing permit and permit descrip-
tion.’’. 
SEC. 407. SHORT SEA TRANSPORTATION. 
(a) PURPOSE OF PROGRAM AND PROJECTS; REAU-
THORIZATION; TERMINATION.—Section 55601 of title 46, 
United States Code, is amended— 
(1) in subsection (a), by striking ‘‘landside con-
gestion.’’ and inserting ‘‘landside congestion and to 
promote increased use of the navigable waters of the 
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United States for transportation of passengers or 
freight (or both).’’; 
(2) in subsection (c), by inserting ‘‘and to pro-
mote waterborne transportation between ports with-
in the United States’’ after ‘‘coastal corridors’’; 
(3) in subsection (d), by striking ‘‘that the 
project may—’’ and all that follows through the end 
of the subsection and inserting ‘‘that the project 
uses documented vessels and— 
‘‘(1) mitigates landside congestion; or 
‘‘(2) promotes waterborne transportation be-
tween ports of the United States.’’; 
(4) by striking subsection (f) and redesignating 
subsection (g) as subsection (f); 
(5) in subsection (f), as so redesignated, by 
adding at the end the following— 
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated not more 
than $5,000,000 for each of the fiscal years 2012 
through fiscal year 2017 for grants under this sub-
section.’’; and 
(6) by adding at the end the following: 
‘‘(g) 
TERMINATION
OF
AUTHORITY.—Authority 
granted to the Secretary under this section shall terminate 
September 30, 2017.’’. 
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(b) SHORT SEA TRANSPORTATION DEFINITION.— 
Section 55605 of title 46, United States Code, is amended 
by striking ‘‘means the carriage by vessel of cargo—’’ and 
inserting ‘‘means the carriage of passengers or freight (or 
both) by a vessel documented under the laws of the United 
States—’’. 
SEC. 408. MISSION OF THE MARITIME ADMINISTRATION. 
Section 109(a) of title 49, United States Code, is 
amended— 
(1) in the section heading by striking ‘‘Orga-
nization’’ and inserting ‘‘Organization and 
mission’’; and 
(2) by inserting at the end the following: ‘‘The 
mission of the Maritime Administration is to foster, 
promote, and develop the domestic merchant mari-
time industry of the United States.’’. 
TITLE V—FEDERAL MARITIME 
COMMISSION 
SEC. 501. AUTHORIZATION OF APPROPRIATIONS. 
Section 501 of the Coast Guard and Maritime Trans-
portation Act of 2004 (Public Law 108–293; 118 Stat. 
1049) is amended by striking ‘‘Commission—’’ and all 
that follows through the period at the end of the section 
and inserting ‘‘Commission for each of the fiscal years 
2012 through 2015, $22,100,000.’’. 
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TITLE VI—MISCELLANEOUS 
SEC. 601. TECHNICAL CORRECTIONS. 
(a) TITLE 14.—Title 14, United States Code, is 
amended— 
(1) in section 564, by striking subsection (d); 
and 
(2) in section 569(a), by striking ‘‘and annually 
thereafter,’’. 
(b) STUDY OF BRIDGES.—Section 905 of the Coast 
Guard Authorization Act of 2010 (Public Law 111–281; 
124 Stat. 3012) is amended to read as follows: 
‘‘SEC. 905. STUDY OF BRIDGES OVER NAVIGABLE WATERS. 
‘‘The Commandant of the Coast Guard shall submit 
to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives a com-
prehensive study on the construction or alteration of any 
bridge, drawbridge, or causeway over the navigable waters 
of the United States with a channel depth of 25 feet or 
greater that may impede or obstruct future navigation to 
or from port facilities, for which a permit under the Act 
of March 23, 1906 (chapter 1130; 33 U.S.C. 491 et seq.), 
popularly known as the Bridge Act of 1906, was requested 
on or after January 1, 2006 and on or before August 3, 
2011.’’. 
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SEC. 602. REPORT ON COAST GUARD MERCHANT MARINER 
MEDICAL EVALUATION PROGRAM. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Commandant of the 
Coast Guard shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report on the Coast Guard National 
Maritime Center’s merchant mariner medical evaluation 
program and alternatives to the program. 
(b) CONTENTS.—The report required under sub-
section (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 Na-
tional Registry of Certified Medical Examiners pro-
gram, and the Federal Aviation Administration’s 
Designated Aviation Medical Examiners program, 
could be applied by the Coast Guard to make med-
ical fitness determinations for issuance of merchant 
mariners’ documents. 
(3) An explanation of how the amendments to 
the International Convention on Standards of Train-
ing, Certification and Watchkeeping for Seafarers, 
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1978, that enter into force on January 1, 2012, will 
require changes to the Coast Guard’s merchant mar-
iner medical evaluation program. 
SEC. 603. NOTICE OF ARRIVAL. 
The regulations required under section 109(a) of 
Public Law 109–347 (33 U.S.C. 1223 note) on notice of 
arrival for foreign vessels on the Outer Continental Shelf 
shall not apply to a vessel documented under section 
12105 of title 46, United States Code, unless such vessel 
arrives from a foreign port or place. 
Æ 
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