H. Res. 825 
In the House of Representatives, U. S., 
December 5, 2012. 
Resolved, That upon the adoption of this resolution the 
House shall be considered to have taken from the Speaker’s 
table the bill, H.R. 2838, with the Senate amendments there-
to, and to have concurred in the Senate amendments with the 
following amendment: 
In lieu of the matter proposed to be inserted by the 
amendment of the Senate to the text of the bill, insert 
the following: 
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.
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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 capac-
ity 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 Comp-
troller General studies and reports on strategic ports. 
Sec. 414. Maritime workforce study. 
Sec. 415. Maritime Administration vessel recycling contract award practices.
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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-lati-
tude 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 fis-
cal years 2013 and 2014 for necessary expenses of the Coast 
Guard as follows:
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(1) For the operation and maintenance of the Coast 
Guard— 
(A) $6,882,645,000 for fiscal year 2013; and 
(B) $6,981,036,000 for fiscal year 2014; 
of which $24,500,000 is authorized each fiscal year to 
be derived from the Oil Spill Liability Trust Fund to 
carry out the purposes of section 1012(a)(5) of the Oil 
Pollution Act of 1990 (33 U.S.C. 2712(a)(5)). 
(2) For the acquisition, construction, rebuilding, 
and improvement of aids to navigation, shore and off-
shore 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, includ-
ing personnel and training costs, equipment, and serv-
ices— 
(A) $138,111,000 for fiscal year 2013; and 
(B) $140,016,000 for fiscal year 2014.
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(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 re-
search, development, test, and evaluation of technologies, 
materials, and human factors directly related to improv-
ing 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 navi-
gable waters of the United States constituting obstruc-
tions to navigation, and for personnel and administrative 
costs associated with the Alteration of Bridges Pro-
gram— 
(A) $16,000,000 for fiscal year 2013; and 
(B) $16,000,000 for fiscal year 2014.
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SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND 
TRAINING. 
(a) ACTIVE DUTY STRENGTH.—The Coast Guard is au-
thorized 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, re-
transmitted, or augmented by the Coast Guard for the pur-
pose of maritime safety is— 
‘‘(1) guilty of a class E felony; and
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‘‘(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 MAIN-
TAIN 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 pro-
grammatic budget authority, for the operation and mainte-
nance of Coast Guard vessels, aircraft, systems, aids to navi-
gation, infrastructure, and other assets or facilities shall be 
allocated to and vested in the Coast Guard and the depart-
ment 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 sub-
section 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 amend-
ed— 
(1) by striking ‘‘person’’ each place it appears and 
inserting ‘‘foreign national’’; and
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(2) by striking ‘‘pay and allowances’’ each place it 
appears and inserting ‘‘pay, allowances, and emolu-
ments’’. 
SEC. 205. POLICY ON SEXUAL HARASSMENT AND SEXUAL VIO-
LENCE. 
(a) ESTABLISHMENT.—Chapter 9 of title 14, United 
States Code, is amended by adding at the end the following: 
‘‘§ 200. Policy on sexual harassment and sexual violence 
‘‘(a) REQUIRED
POLICY.—The Commandant of the 
Coast Guard shall direct the Superintendent of the Coast 
Guard Academy to prescribe a policy on sexual harassment 
and sexual violence applicable to the cadets and other per-
sonnel of the Academy. 
‘‘(b) MATTERS TO BE SPECIFIED IN POLICY.—The pol-
icy on sexual harassment and sexual violence under this sec-
tion shall include specification of the following: 
‘‘(1) Programs to promote awareness of the inci-
dence of rape, acquaintance rape, and other sexual of-
fenses 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
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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 occur-
rence 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 confiden-
tiality of victims; 
‘‘(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. 
‘‘(4) Procedures for disciplinary action in cases of 
criminal sexual assault involving a cadet or other Acad-
emy personnel. 
‘‘(5) Sanctions authorized to be imposed in a sub-
stantiated case of sexual harassment or sexual violence 
involving a cadet or other Academy personnel, including
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with respect to rape, acquaintance rape, or other crimi-
nal 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 re-
spect 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 Acad-
emy; and
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‘‘(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 vi-
olence involving cadets or other Academy per-
sonnel; 
‘‘(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 ca-
dets or other Academy personnel. 
‘‘(d) REPORT.— 
‘‘(1) IN GENERAL.—The Commandant shall direct 
the Superintendent to submit to the Commandant a re-
port on sexual harassment and sexual violence involving 
cadets or other Academy personnel for each Academy 
program year.
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‘‘(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 re-
garding prevention of and response to sexual har-
assment and sexual violence involving cadets or 
other Academy personnel. 
‘‘(3) BIENNIAL SURVEY.—Each report under para-
graph (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 
Com-
mandant shall transmit each report received by the Com-
mandant under this subsection, together with the Com-
mandant’s comments on the report, to— 
‘‘(A) the Committee on Commerce, Science, 
and Transportation of the Senate; and
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‘‘(B) the Committee on Transportation and In-
frastructure of the House of Representatives. 
‘‘(5) FOCUS GROUPS.— 
‘‘(A) IN GENERAL.—For each Academy pro-
gram year with respect to which the Superintendent 
is not required to conduct a survey at the Academy 
under subsection (c)(2), the Commandant shall re-
quire focus groups to be conducted at the Academy 
for the purposes of ascertaining information relat-
ing 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 Com-
mandant’s report under this subsection. 
‘‘(e) VICTIM CONFIDENTIALITY.—To the extent that in-
formation collected under the authority of this section is re-
ported or otherwise made available to the public, such infor-
mation shall be provided in a form that is consistent with ap-
plicable 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.’’.
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SEC. 206. APPOINTMENTS OF PERMANENT COMMISSIONED OF-
FICERS. 
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 demo-
tion.’’. 
SEC. 207. SELECTION BOARDS; OATH OF MEMBERS. 
Section 254 of title 14, United States Code, is amended 
to read as follows: 
‘‘§ 254. Selection boards; oath of members 
‘‘Each member of a selection board shall swear— 
‘‘(1) that the member will, without prejudice or par-
tiality, and having in view both the special fitness of offi-
cers 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 ER-
RORS. 
(a) IN GENERAL.—Chapter 11 of title 14, United States 
Code, is amended by inserting after section 262 the following: 
‘‘§ 263. Special selection boards; correction of errors 
‘‘(a) OFFICERS NOT CONSIDERED DUE TO ADMINISTRA-
TIVE ERROR.—