In the Senate of the United States, 
September 22 (legislative day, September 21), 2012. 
Resolved, That the bill from the House of Representa-
tives (H.R. 2838) entitled ‘‘An Act to authorize appropria-
tions for the Coast Guard for fiscal years 2012 through 
2015, and for other purposes.’’, do pass with the following 
AMENDMENTS: 
Strike all after the enacting clause and insert the 
following: 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Coast Guard Authorization 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—ORGANIZATION 
Sec. 201. Coast Guard authority to operate and maintain Coast Guard assets. 
Sec. 202. Clarification of Coast Guard ice operations mission.
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TITLE III—PERSONNEL 
Sec. 301. Acquisition workforce expedited hiring authority. 
Sec. 302. Officers recommended for promotion. 
Sec. 303. Original appointment of permanent commissioned officers. 
Sec. 304. Academy pay, allowances, and emoluments. 
Sec. 305. Academy policy on sexual harassment and sexual violence. 
Sec. 306. Coast Guard auxiliarists enrollment eligibility. 
TITLE IV—ADMINISTRATION 
Sec. 401. Advance procurement funding. 
Sec. 402. Multiyear procurement authority for Coast Guard National Security 
Cutters. 
Sec. 403. Requirement to maintain United States polar icebreaking capability. 
Sec. 404. National response functions. 
Sec. 405. National Response Center notification requirements. 
Sec. 406. Conforming amendment. 
TITLE V—SHIPPING AND NAVIGATION 
Sec. 501. Central Bering Sea potential place of refuge. 
Sec. 502. Protection and fair treatment of seafarers. 
Sec. 503. Delegation of authority. 
Sec. 504. Report on establishment of arctic deep water port. 
Sec. 505. Risk analysis of transporting Canadian oil sands. 
Sec. 506. Eligibility to receive surplus training equipment. 
TITLE VI—MARITIME ADMINISTRATION AUTHORIZATION 
Sec. 601. Short title; amendment of title 46, United States Code. 
Sec. 602. Marine transportation system. 
Sec. 603. Short sea transportation program amendments. 
Sec. 604. Maritime environmental and technical assistance program. 
Sec. 605. Waiver of navigation and vessel-inspection laws. 
Sec. 606. Extension of maritime security fleet program. 
Sec. 607. Maritime workforce study. 
Sec. 608. Maritime administration vessel recycling contract award practices. 
Sec. 609. Requirement for barge design. 
TITLE VII—MISCELLANEOUS 
Sec. 701. Limitation on availability of funds for procurement of alternative fuel. 
Sec. 702. Passenger vessel security and safety requirements. 
Sec. 703. Oil spill liability trust fund investment amount. 
Sec. 704. Vessel determinations. 
Sec. 705. Alteration of bridge obstructing navigation. 
Sec. 706. Notice of arrival. 
Sec. 707. Waivers. 
Sec. 708. Budgetary effects. 
Sec. 709. Technical amendments.
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TITLE I—AUTHORIZATION 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
(a) FISCAL YEAR 2013.—Funds are authorized to be 
appropriated for fiscal year 2013 for necessary expenses of 
the Coast Guard as follows: 
(1) For the operation and maintenance of the 
Coast Guard, $7,077,783,000 of which $24,500,000 is 
authorized 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, 
renovation, and improvement of aids to navigation, 
shore and offshore facilities, vessels, and aircraft, in-
cluding equipment related thereto, $1,421,924,000 of 
which— 
(A) $20,000,000 shall be derived from the 
Oil Spill Liability Trust Fund to carry out the 
purposes of section 1012(a)(5) of the Oil Pollu-
tion Act of 1990 (33 U.S.C. 2712(a)(5)), to re-
main available until expended; 
(B) $642,000,000 is authorized to acquire, 
effect major repairs to, renovate, or improve ves-
sels, small boats, and related equipment;
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(C) $289,000,000 is authorized to acquire, 
effect major repairs to, renovate, or improve air-
craft or increase aviation capability; 
(D) $166,140,000 is authorized for other 
equipment; 
(E) $213,692,000 is authorized for shore fa-
cilities, aids to navigation facilities, and mili-
tary 
housing, 
of 
which 
not 
more 
than 
$14,000,000 shall be derived from the Coast 
Guard Housing Fund; and 
(F) $110,192,000 is authorized for per-
sonnel compensation and benefits and related 
costs. 
(3) For research, development, testing, and eval-
uation of technologies, materials, and human factors 
directly related to improving the performance of the 
Coast Guard’s mission in search and rescue, aids to 
navigation, marine safety, marine environmental 
protection, enforcement of laws and treaties, ice oper-
ations, oceanographic research, and defense readiness, 
$19,779,000. 
(4) For retired pay (including the payment of 
obligations otherwise chargeable to lapsed appropria-
tions for this purpose), payments under the Retired 
Serviceman’s Family Protection and Survivor Benefit
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Plans, and payments for medical and dental care of 
retired personnel and their dependents under chapter 
55 of title 10, United States Code, $1,440,157,000, to 
remain available until expended. 
(5) For alteration or removal of bridges over 
navigable waters of the United States constituting ob-
structions to navigation, and for personnel and ad-
ministrative costs associated with the Alteration of 
Bridges Program, $16,000,000. 
(6) For environmental compliance and restora-
tion functions under chapter 19 of title 14, United 
States Code, $16,699,000. 
(7) For operation and maintenance of the Coast 
Guard Reserve program, $136,778,000. 
(b) FISCAL YEAR 2014.—Funds are authorized to be 
appropriated for fiscal year 2014 for necessary expenses of 
the Coast Guard as follows: 
(1) For the operation and maintenance of the 
Coast Guard, $7,077,783,000 of which $24,500,000 is 
authorized 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, 
renovation, and improvement of aids to navigation,
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shore and offshore facilities, vessels, and aircraft, in-
cluding equipment related thereto, $1,421,924,000 of 
which— 
(A) $20,000,000 shall be derived from the 
Oil Spill Liability Trust Fund to carry out the 
purposes of section 1012(a)(5) of the Oil Pollu-
tion Act of 1990 (33 U.S.C. 2712(a)(5)), to re-
main available until expended; 
(B) $642,000,000 is authorized to acquire, 
effect major repairs, renovate, or improve vessels, 
small boats, and related equipment; 
(C) $289,000,000 is authorized to acquire, 
effect major repairs, renovate, or improve air-
craft or increase aviation capability; 
(D) $166,140,000 is authorized for other 
equipment; 
(E) $213,692,000 is authorized for shore fa-
cilities, aids to navigation facilities, and mili-
tary 
housing, 
of 
which 
not 
more 
than 
$14,000,000 shall be derived from the Coast 
Guard Housing Fund; and 
(F) $110,192,000 is authorized for per-
sonnel compensation and benefits and related 
costs.
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(3) For research, development, testing, and eval-
uation of technologies, materials, and human factors 
directly related to improving the performance of the 
Coast Guard’s mission in search and rescue, aids to 
navigation, marine safety, marine environmental 
protection, enforcement of laws and treaties, ice oper-
ations, oceanographic research, and defense readiness, 
$19,779,000. 
(4) For retired pay (including the payment of 
obligations otherwise chargeable to lapsed appropria-
tions for this purpose), payments under the Retired 
Serviceman’s Family Protection and Survivor Benefit 
Plans, and payments for medical and dental care of 
retired personnel and their dependents under chapter 
55 of title 10, United States Code, $1,440,157,000 to 
remain available until expended. 
(5) For alteration or removal of bridges over 
navigable waters of the United States constituting ob-
structions to navigation, and for personnel and ad-
ministrative costs associated with the Alteration of 
Bridges Program, $16,000,000. 
(6) For environmental compliance and restora-
tion functions under chapter 19 of title 14, United 
States Code, $16,699,000.
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(7) For operation and maintenance of the Coast 
Guard Reserve program, $136,778,000. 
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 
AND TRAINING. 
(a) FISCAL YEAR 2013.— 
(1) ACTIVE DUTY STRENGTH.—The Coast Guard 
is authorized an end-of-year strength for active duty 
personnel of 47,000 for the fiscal year ending on Sep-
tember 30, 2013. 
(2) MILITARY TRAINING STUDENT LOADS.—For 
fiscal year 2013, the Coast Guard is authorized aver-
age military training student loads as follows: 
(A) For recruit and special training, 2,500 
student years. 
(B) For flight training, 165 student years. 
(C) For professional training in military 
and civilian institutions, 350 student years. 
(D) For officer acquisition, 1,200 student 
years. 
(b) FISCAL YEAR 2014.— 
(1) ACTIVE DUTY STRENGTH.—The Coast Guard 
is authorized an end-of-year strength for active duty 
personnel of 49,350 for the fiscal year ending on Sep-
tember 30, 2014.
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(2) MILITARY TRAINING STUDENT LOADS.—For 
fiscal year 2014, the Coast Guard is authorized aver-
age military training student loads as follows: 
(A) For recruit and special training, 2,625 
student years. 
(B) For flight training, 173 student years. 
(C) For professional training in military 
and civilian institutions, 368 student years. 
(D) For officer acquisition, 1,260 student 
years. 
TITLE II—ORGANIZATION 
SEC. 201. COAST GUARD AUTHORITY TO OPERATE AND 
MAINTAIN COAST GUARD ASSETS. 
(a) IN GENERAL.—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 
navigation, infrastructure, and any other Coast Guard as-
sets or facilities, shall be allocated to and vested in the Coast 
Guard and the department in which the Coast Guard is 
operating.’’.
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SEC. 202. CLARIFICATION OF COAST GUARD ICE OPER-
ATIONS MISSION. 
(a) 
COAST
GUARD
PROVISION
OF
FEDERAL 
ICEBREAKING SERVICES.—Chapter 5 of title 14, United 
States Code, is amended by inserting after section 86 the 
following: 
‘‘§ 87. Provision of icebreaking services 
‘‘(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, except as provided in subsection (b), the Coast 
Guard shall be the sole supplier of icebreaking services, on 
an advancement or reimbursable basis, to each Federal 
agency that requires icebreaking services. 
‘‘(b) EXCEPTION.—In the event that a Federal agency 
requires icebreaking services and the Coast Guard is unable 
to provide the services, the Federal agency may acquire 
icebreaking services from another entity.’’. 
(b) PRIORITY OF COAST GUARD MISSIONS IN POLAR 
REGIONS.— 
(1) SECTION 110.—Section 110(b)(2) of the Arc-
tic Research and Policy Act of 1984 (15 U.S.C. 
4109(b)(2)) is amended— 
(A) by inserting ‘‘to execute the statutory 
missions of the Coast Guard and’’ after ‘‘need-
ed’’; and 
(B) by inserting ‘‘and all budget authority 
related to such operations’’ after ‘‘projects,’’.
† HR 2838 EAS 
(2) SECTION
312.—Section 312(c) of the Ant-
arctic Marine Living Resources Convention Act of 
1984 (16 U.S.C. 2441(c)) is amended by inserting ‘‘to 
execute the statutory missions of the Coast Guard 
and’’ after ‘‘needed’’. 
(c) CONFORMING AMENDMENT.—The table of contents 
for chapter 5 of title 14, United States Code, is amended 
by inserting after the item relating to section 86 the fol-
lowing: 
‘‘87. Provision of icebreaking services.’’. 
TITLE III—PERSONNEL 
SEC. 301. ACQUISITION WORKFORCE EXPEDITED HIRING 
AUTHORITY. 
Section 404 of the Coast Guard Authorization Act of 
2010 (124 Stat. 2950) is amended— 
(1) in subsection (a)(1), by striking ‘‘as shortage 
category positions’’ and inserting ‘‘as positions for 
which there is a shortage of candidates or a critical 
hiring need’’; and 
(2) in subsection (b)— 
(A) by striking ‘‘paragraph’’ and inserting 
‘‘section’’; and 
(B) by striking ‘‘2012’’ and inserting 
‘‘2015’’.
† HR 2838 EAS 
SEC. 302. OFFICERS RECOMMENDED FOR PROMOTION. 
Section 259(c)(1) of title 14, United States Code, is 
amended by striking ‘‘After selecting’’ and inserting ‘‘In se-
lecting’’. 
SEC. 303. ORIGINAL APPOINTMENT OF PERMANENT COM-
MISSIONED OFFICERS. 
Section 211 of title 14, United States Code, is amended 
by adding at the end the following: 
‘‘(d) For purposes of this section, the term ‘original’ 
with respect to the appointment of a member of the Coast 
Guard refers to the member’s most recent appointment in 
the Coast Guard that is neither a promotion nor a demo-
tion.’’. 
SEC. 304. 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 
(2) by striking ‘‘pay and allowances’’ each place 
it appears and inserting ‘‘pay, allowances, and 
emoluments’’. 
SEC. 305. ACADEMY 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:
† HR 2838 EAS 
‘‘§ 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 pre-
scribe a policy on sexual harassment and sexual violence 
applicable to the cadets and other personnel of the Coast 
Guard Academy. 
‘‘(b) MATTERS TO BE SPECIFIED IN POLICY.—The pol-
icy on sexual harassment and sexual violence under this 
section 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, including how any records, statistics, or re-
ports intended for public release will be formatted 
such that the confidentiality of victims is not jeopard-
ized. 
‘‘(3) Procedures that a cadet or other Academy 
personnel should follow in the case of an occurrence 
of sexual harassment or sexual violence, including— 
‘‘(A) if the cadet or other Academy per-
sonnel chooses to report an occurrence of sexual 
harassment or sexual violence, a specification of
† HR 2838 EAS 
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 which explains how the Coast 
Guard and the Academy will protect the con-
fidentiality 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 
Academy personnel. 
‘‘(5) Any other sanction authorized to be imposed 
in a substantiated case of sexual harassment or sexual 
violence involving a cadet or other Academy personnel 
in rape, acquaintance rape, or other criminal sexual 
offence, whether forcible or nonforcable. 
‘‘(6) Required training on the policy for all ca-
dets and other Academy personnel who process allega-
tions of sexual harassment or sexual violence involv-
ing a cadet or other Academy personnel. 
‘‘(c) ASSESSMENT.—
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‘‘(1) IN GENERAL.—The Commandant shall di-
rect the Superintendent to conduct at the Academy 
during each Academy program year an assessment to 
determine the effectiveness of the policies of the Acad-
emy with respect to sexual harassment and sexual vi-
olence involving cadets and 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-num-
bered calendar year, the Superintendent shall conduct 
a survey of cadets and other Academy personnel— 
‘‘(A) to measure— 
‘‘(i) the incidence, during that pro-
gram year, of sexual harassment and sexual 
violence events, on or off the Academy res-
ervation, that have been reported to an offi-
cial of the Academy; and 
‘‘(ii) the incidence, during that pro-
gram year, of sexual harassment and sexual 
violence, 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 of—
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‘‘(i) the policies, training, and proce-
dures on sexual harassment and sexual vio-
lence involving cadets and other Academy 
personnel; 
‘‘(ii) the enforcement of such policies; 
‘‘(iii) the incidence of sexual harass-
ment and sexual violence involving cadets 
and other Academy personnel; and 
‘‘(iv) any other issues relating to sex-
ual harassment and sexual violence involv-
ing cadets and other Academy personnel. 
‘‘(d) REPORT.— 
‘‘(1) IN GENERAL.—The Commandant shall di-
rect the Superintendent of the Coast Guard Academy 
to submit to the Commandant a report on sexual har-
assment 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 Coast Guard Academy officials during the
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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 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 
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.—In each even-numbered 
calendar year that the Superintendent is not re-
quired to conduct a survey at the Academy 
under subsection (c)(2), the Commandant shall
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require focus groups to be conducted at the Acad-
emy 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 Commandant’s re-
port under this subsection. 
‘‘(e) VICTIM CONFIDENTIALITY.—To the extent that in-
formation collected under 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 
applicable privacy protections under Federal law and does 
not jeopardize the confidentiality of victims.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
for chapter 9 of title 14, United States Code, is amended 
by inserting after the item relating to section 199 the fol-
lowing: 
‘‘200. Policy on sexual harassment and sexual violence.’’. 
SEC. 306. COAST GUARD AUXILIARISTS ENROLLMENT ELIGI-
BILITY. 
Section 823 of title 14, United States Code, is amended 
to read as follows: 
‘‘§ 823. Eligibility, enrollments 
‘‘The Auxiliary shall be composed of nationals of the 
United States, as defined in section 101(a)(22) of the Immi-
† HR 2838 EAS 
gration and Nationality Act (8 U.S.C. 1101(a)(22)), and 
of aliens lawfully admitted for permanent residence, as de-
fined in section 101(a)(20) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(20))— 
‘‘(1) who are owners, sole or part, of motorboats, 
yachts, aircraft, or radio stations; or 
‘‘(2) who by reason of their special training or 
experience are deemed by the Commandant to be 
qualified for duty in the Auxiliary, and who may be 
enrolled therein pursuant to applicable regulations.’’. 
TITLE IV—ADMINISTRATION 
SEC. 401. ADVANCE PROCUREMENT FUNDING. 
With respect to any Coast Guard vessel for which 
amounts are appropriated or otherwise made available for 
vessels for the Coast Guard in any fiscal year, the Secretary 
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 effort for 
the vessel; 
(2) advance construction of parts or components 
for the vessel; 
(3) protection and storage of materials, parts, or 
components for the vessel; and
† HR 2838 EAS 
(4) production planning, design, and other re-
lated support services that reduce the overall procure-
ment lead time of the vessel. 
SEC. 402. MULTIYEAR PROCUREMENT AUTHORITY FOR 
COAST GUARD NATIONAL SECURITY CUT-
TERS. 
(a) IN GENERAL.—Beginning with the fiscal year 
2013 program year, the Secretary of the department in 
which the Coast Guard is operating may enter, under sec-
tion 2306b of title 10, United States Code, into a multiyear 
contract for the procurement of Coast Guard National Secu-
rity Cutters and government-furnished equipment associ-
ated with the National Security Cutter program. 
(b) LIMITATION.—The Secretary may not enter into 
a contract under subsection (a) until— 
(1) the Secretary submits to the Committee on 
Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastruc-
ture of the House of Representatives a certification 
that the Secretary has made, with respect to the con-
tract, each of the findings under section 2306b(a) of 
title 10, United States Code, such as the analysis re-
ferred to under subsection (c) of this section; and
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(2) a period of 30 days has elapsed after the date 
that the Secretary submits the certification under 
paragraph (1). 
(c) DETERMINATION OF SUBSTANTIAL SAVINGS.—In 
conducting an analysis of substantial savings under section 
2306b(a)(1) of title 10, United States Code, the Secretary— 
(1) may not limit the analysis to a simple per-
centage-based metric; and 
(2) shall employ a full-scale analysis of cost 
avoidance— 
(A) based on a multiyear procurement; and 
(B) taking into account the potential benefit 
any accrued savings might have for future ship-
building programs if the cost avoidance savings 
were subsequently utilized for further ship con-
struction. 
SEC. 403. REQUIREMENT TO MAINTAIN UNITED STATES 
POLAR ICEBREAKING CAPABILITY. 
(a) CURRENT
ICEBREAKER
MAINTENANCE.—Until 
new heavy icebreakers are acquired for operation by the 
Coast Guard, in order to meet Coast Guard mission re-
quirements, the Commandant of the Coast Guard may 
not— 
(1) transfer, relinquish ownership of, dismantle, 
or recycle the POLAR SEA or POLAR STAR;
† HR 2838 EAS 
(2) remove any part of the POLAR SEA unless 
it will be installed on the POLAR STAR before it is 
put in ‘‘active’’ status and the Commandant certifies 
to the Committee on Commerce, Science, and Trans-
portation of the Senate and the Committee on Trans-
portation and Infrastructure of the House of Rep-
resentatives that it is not possible for the POLAR 
STAR to function properly without doing so; 
(3) change the existing homeport of any Coast 
Guard icebreaker; or 
(4) 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 de-
commissioning 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.
† HR 2838 EAS 
(b) REIMBURSEMENT.—Nothing in this section shall 
preclude the Secretary from seeking reimbursement for oper-
ation and maintenance costs of the polar icebreakers from 
other Federal agencies and entities, including foreign gov-
ernments, that benefit from the use of the polar icebreakers. 
SEC. 404. NATIONAL RESPONSE FUNCTIONS. 
(a) IN GENERAL.—Section 311 of the Federal Water 
Pollution Control Act (33 U.S.C. 1321) is amended— 
(1) in subsection (a)— 
(A) by striking paragraph (23); and 
(B) redesignating paragraphs (24) through 
(26) as paragraphs (23) through (25), respec-
tively; 
(2) in subsection (j)(2), by striking ‘‘National 
Response Unit.’’ through ‘‘acting through the Na-
tional Response Unit’’ and inserting the following: 
‘‘(2) NATIONAL RESPONSE FUNCTIONS.—The Sec-
retary of the department in which the Coast Guard 
is operating—’’; and 
(3) in subsection (j)(4)(C)(vi), by striking ‘‘, and 
into operating procedures of the National Response 
Unit’’. 
(b) CONFORMING AMENDMENT.—Section 4202(b) of 
the Oil Pollution Act of 1990 (33 U.S.C. 1321 note) is 
amended—
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(1) by striking paragraph (2); and 
(2) by redesignating paragraphs (3) and (4) as 
paragraphs (2) and (3), respectively. 
SEC. 405. NATIONAL RESPONSE CENTER NOTIFICATION RE-
QUIREMENTS. 
The Ohio River Valley Water Sanitation Commission, 
established pursuant to the Ohio River Valley Water Sani-
tation Compact authorized by House Joint Resolution 377, 
74th Congress, agreed to June 8, 1936 (49 Stat. 1490), and 
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, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9603). The Na-
tional Response Center shall convey notification, including 
complete and un-redacted 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. 406. CONFORMING AMENDMENT. 
Section 210 of the Coast Guard and Maritime Trans-
portation Act of 2006 (14 U.S.C. 93 note) is repealed.
† HR 2838 EAS 
TITLE V—SHIPPING AND 
NAVIGATION 
SEC. 501. CENTRAL BERING SEA POTENTIAL PLACE OF REF-
UGE. 
(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 improve-
ments, 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 for 
vessels with drafts up to 25 feet and lengths overall of up 
to 450 feet. 
(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 Cen-
tral Bering Sea. 
(c) REPORT.—Not later than 90 days after making the 
determination under subsection (a), the Commandant shall 
inform the Committee on Commerce, Science, and Trans-
portation of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
in writing of the findings under subsection (a).
† HR 2838 EAS 
SEC. 502. PROTECTION AND FAIR TREATMENT OF SEA-
FARERS. 
(a) IN GENERAL.—Chapter 111 of title 46, United 
States Code, is amended by adding at the end the following: 
‘‘§ 11113. Protection and fair treatment of seafarers 
‘‘(a) PURPOSE.—The purpose of this section shall be 
to ensure the protection and fair treatment of seafarers. 
‘‘(b) SPECIAL FUND.— 
‘‘(1) ESTABLISHMENT.—There is established in 
the Treasury a special fund known as the Support of 
Seafarers Fund. 
‘‘(2) USE OF AMOUNTS IN FUND.—The amounts 
deposited into the Fund shall be available to the Sec-
retary, without fiscal year limitation, to— 
‘‘(A) pay necessary support under sub-
section (c)(1); and 
‘‘(B) reimburse a shipowner for necessary 
support under subsection (c)(2). 
‘‘(3) AMOUNTS CREDITED TO FUND.—Notwith-
standing any other provision of law, the Fund may 
receive— 
‘‘(A) any moneys ordered to be paid to the 
Fund in the form of community service under 
section 8B1.3 of the United States Sentencing 
Guidelines Manual or to the extent permitted 
under paragraph (4); and
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‘‘(B) amounts reimbursed or recovered 
under subsection (e). 
‘‘(4) PREREQUISITE
FOR
COMMUNITY
SERVICE 
CREDITS.—The Fund may receive credits under para-
graph (3)(A) if the unobligated balance of the Fund 
is less than $5,000,000. 
‘‘(5) AUTHORIZATION
OF
APPROPRIATION.— 
There are authorized to be appropriated, from the 
Fund, for each fiscal year such sums as may be nec-
essary for the purposes set forth in paragraph (2). 
‘‘(6) REPORT REQUIRED.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
submit to Congress, concurrent with the Presi-
dent’s budget submission for a given fiscal year, 
a report that describes— 
‘‘(i) the amounts credited to the Fund 
under paragraph (3) for the preceding fiscal 
year; 
‘‘(ii) in detail, the activities for which 
amounts were charged; and 
‘‘(iii) the projected level of expenditures 
from the Fund for the upcoming fiscal year, 
based on— 
‘‘(I) on-going activities; and
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‘‘(II) new cases, derived from his-
toric data. 
‘‘(B) EXCEPTION.—Subparagraph (A) shall 
not apply to obligations during the first fiscal 
year during which amounts are credited to the 
Fund. 
‘‘(7) FUND MANAGER.—The Secretary shall des-
ignate a Fund manager. The Fund manager shall— 
‘‘(A) ensure the visibility and account-
ability of transactions utilizing the Fund; 
‘‘(B) prepare the report under paragraph 
(6); 
‘‘(C) monitor the unobligated balance of the 
Fund; and 
‘‘(D) provide notice to the Secretary and the 
Attorney General whenever the unobligated bal-
ance of the Fund is less than $5,000,000. 
‘‘(c) AUTHORITY.—The Secretary may— 
‘‘(1) pay, from amounts appropriated from the 
Fund, necessary support of— 
‘‘(A) a seafarer that— 
‘‘(i) enters, remains, or is paroled into 
the United States; and 
‘‘(ii) is involved in an investigation, 
reporting, documentation, or adjudication
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of any matter that is related to the admin-
istration or enforcement of any treaty, law, 
or regulation by the Coast Guard; and 
‘‘(B) a seafarer that the Secretary deter-
mines was abandoned in the United States; and 
‘‘(2) reimburse, from amounts appropriated from 
the Fund, a shipowner that has provided necessary 
support of a seafarer who has been paroled into the 
United States to facilitate an investigation, reporting, 
documentation, or adjudication of any matter that is 
related to the administration or enforcement of any 
treaty, law, or regulation by the Coast Guard, for the 
costs of necessary support if the Secretary determines 
that reimbursement is necessary to avoid serious in-
justice. 
‘‘(d) LIMITATION.—Nothing in this section shall be 
construed— 
‘‘(1) to create a right, benefit, or entitlement to 
necessary support; or 
‘‘(2) to compel the Secretary to pay or reimburse 
the cost of necessary support. 
‘‘(e) REIMBURSEMENT; RECOVERY.— 
‘‘(1) IN GENERAL.—A shipowner shall reimburse 
the Fund an amount equal to the total amount paid 
from the Fund for necessary support of a seafarer
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plus a surcharge of 25 percent of the total amount 
if— 
‘‘(A) the shipowner— 
‘‘(i) during the course of an investiga-
tion, reporting, documentation, or adjudica-
tion of any matter that the Coast Guard re-
ferred to a United States Attorney or the 
Attorney General, fails to provide necessary 
support of a seafarer who was paroled into 
the United States to facilitate the investiga-
tion, reporting, documentation, or adjudica-
tion; and 
‘‘(ii) subsequently receives a criminal 
penalty; or 
‘‘(B) 
the 
shipowner, 
under 
any 
cir-
cumstance, abandons a seafarer in the United 
States, as determined by the Secretary. 
‘‘(2) ENFORCEMENT.—If a shipowner fails to re-
imburse the Fund under paragraph (1), the Secretary 
may— 
‘‘(A) proceed in rem against any vessel of 
the shipowner in the Federal district court for 
the district in which the vessel is found; and
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‘‘(B) withhold or revoke the clearance re-
quired under section 60105 of any vessel of the 
shipowner wherever the vessel is found. 
‘‘(3) REMEDY.—A vessel may obtain clearance 
from the Secretary after it is withheld or revoked 
under paragraph (2)(B) if the shipowner reimburses 
the Fund the amount required under paragraph (1). 
‘‘(f) BOND AND SURETY.— 
‘‘(1) AUTHORITY.—The Secretary may require a 
bond or a surety satisfactory as an alternative to 
withholding or revoking clearance under subsection 
(e) if, in the opinion of the Secretary, the bond or 
surety satisfactory is necessary to facilitate an inves-
tigation, reporting, documentation, or adjudication of 
any matter that is related to the administration or 
enforcement of any treaty, law, or regulation by the 
Coast Guard. 
‘‘(2) SURETY CORPORATIONS.—A surety corpora-
tion may provide a bond or surety satisfactory under 
paragraph (1) if the surety corporation is authorized 
by the Secretary of the Treasury under section 9305 
of title 31 to provide surety bonds under section 9304 
of title 31. 
‘‘(3) APPLICATION.—The authority to require a 
bond or surety satisfactory or to request the with-
† HR 2838 EAS 
holding or revocation of the clearance under sub-
section (e) applies to any investigation, reporting, 
documentation, or adjudication of any matter that is 
related to the administration or enforcement of any 
treaty, law, or regulation by the Coast Guard. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) ABANDONS; ABANDONED.—The term ‘aban-
dons’ or ‘abandoned’ means— 
‘‘(A) a shipowner’s unilateral severance of 
ties with a seafarer; or 
‘‘(B) a shipowner’s failure to provide nec-
essary support of a seafarer. 
‘‘(2) BOND
OR
SURETY
SATISFACTORY.—The 
term ‘bond or surety satisfactory’ means a negotiated 
instrument, the terms of which may, at the discretion 
of the Secretary, include provisions that require a 
shipowner— 
‘‘(A) to provide necessary support of a sea-
farer who has or may have information perti-
nent to an investigation, reporting, documenta-
tion, or adjudication of any matter that is re-
lated to the administration or enforcement of 
any treaty, law, or regulation by the Coast 
Guard;
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‘‘(B) to facilitate an investigation, report-
ing, documentation, or adjudication of any mat-
ter that is related to the administration or en-
forcement of any treaty, law, or regulation by 
the Coast Guard; 
‘‘(C) to stipulate to certain incontrovertible 
facts, including the ownership or operation of the 
vessel, or the authenticity of documents and 
things from the vessel; 
‘‘(D) to facilitate service of correspondence 
and legal papers; 
‘‘(E) to enter an appearance in United 
States district court; 
‘‘(F) to comply with directions regarding 
payment of funds; 
‘‘(G) to name an agent in the United States 
for service of process; 
‘‘(H) to stipulate in United States district 
court as to the authenticity of certain documents; 
‘‘(I) to provide assurances that no discrimi-
natory or retaliatory measures will be taken 
against a seafarer involved in an investigation, 
reporting, documentation, or adjudication of any 
matter that is related to the administration or
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enforcement of any treaty, law, or regulation by 
the Coast Guard; 
‘‘(J) to provide financial security in the 
form of cash, bond, or other means acceptable to 
the Secretary; and 
‘‘(K) to provide for any other appropriate 
measures as the Secretary considers necessary to 
ensure the Government is not prejudiced by 
granting the clearance required under section 
60105 of title 46. 
‘‘(3) FUND.—The term ‘Fund’ means the Sup-
port of Seafarers Fund established under this section. 
‘‘(4) NECESSARY SUPPORT.—The term ‘necessary 
support’ means normal wages, lodging, subsistence, 
clothing, medical care (including hospitalization), re-
patriation, and any other expense the Secretary con-
siders appropriate. 
‘‘(5) SEAFARER.—The term ‘seafarer’ means an 
alien crewman who is employed or engaged in any 
capacity on board a vessel subject to the jurisdiction 
of the United States. A seafarer is a claimant for the 
purposes of section 30509. 
‘‘(6) SHIPOWNER.—The term ‘shipowner’ means 
an individual or entity that owns, has an ownership
† HR 2838 EAS 
interest in, or operates a vessel subject to the jurisdic-
tion of the United States. 
‘‘(7) VESSEL SUBJECT TO THE JURISDICTION OF 
THE UNITED STATES.—The term ‘vessel subject to the 
jurisdiction of the United States’ has the meaning 
given the term in section 70502(c), except that it ex-
cludes— 
‘‘(A) a vessel— 
‘‘(i) that is owned by the United 
States, a State or political subdivision 
thereof, or a foreign nation; and 
‘‘(ii) that is not engaged in commerce; 
and 
‘‘(B) a bareboat— 
‘‘(i) that is chartered and operated by 
the United States, a State or political sub-
division thereof, or a foreign nation; and 
‘‘(ii) that is not engaged in commerce. 
‘‘(h) REGULATIONS.—The Secretary may prescribe 
regulations to implement this section.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
for chapter 111 of title 46, United States Code, is amended 
by inserting after the item relating to section 11112 the fol-
lowing: 
‘‘11113. Protection and fair treatment of seafarers.’’.
† HR 2838 EAS 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Support of Seafarers 
Fund $1,500,000 for each of fiscal years 2013 and 2014. 
SEC. 503. DELEGATION OF AUTHORITY. 
Section 3316 of title 46, United States Code, is amend-
ed— 
(1) in subsection (b)(2)— 
(A) by striking ‘‘and’’ at the end of sub-
paragraph (A); 
(B) by striking the period at the end of sub-
paragraph (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 the govern-
ment of a country designated by the Secretary of 
State as a State Sponsor of Terrorism.’’; 
(2) in subsection (d)(2)— 
(A) by striking ‘‘and’’ at the end of sub-
paragraph (A); 
(B) by striking the period at the end of sub-
paragraph (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
† HR 2838 EAS 
provide comparable services in or for the govern-
ment of a country designated by the Secretary of 
State as a State Sponsor of Terrorism.’’; and 
(3) by adding at the end the following— 
‘‘(e) The Secretary shall revoke an existing 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 the govern-
ment of a country designated by the Secretary of State as 
a State Sponsor of Terrorism.’’. 
SEC. 504. REPORT ON ESTABLISHMENT OF ARCTIC DEEP 
WATER PORT. 
(a) STUDY.—The Commandant of the Coast Guard 
shall conduct a study on the feasibility and potential of es-
tablishing a deep water sea port in the Arctic to protect 
and advance strategic United States interests within the 
Arctic region. 
(b) SCOPE.—The study under subsection (a) shall in-
clude an analysis of— 
(1) the capability that a deep water sea port 
would provide; 
(2) the potential and optimum locations for the 
port; 
(3) the resources needed to establish the port; 
(4) the time frame needed to establish the port;
† HR 2838 EAS 
(5) the infrastructure required to support the 
port; and 
(6) any other issues the Secretary considers nec-
essary to complete the study. 
(c) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Commandant shall submit a re-
port on 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. 505. RISK ANALYSIS 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 the 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 analysis required under subsection 
(a) shall, at a minimum, consider— 
(1) the extent to which vessel (barge, tanker, and 
supertanker) traffic may increase due to Canadian oil 
sands development;
† HR 2838 EAS 
(2) whether transport of Canadian oil sands 
within the Salish Sea is likely to require navigation 
through United States territorial waters; 
(3) the rules and regulations that restrict super-
tanker traffic in United States waters, including an 
assessment of whether there are methods to bypass 
those rules in such waterways and adjacent Canadian 
waters; 
(4) the rules and 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 in 
such waterways and adjacent Canadian waters; 
(5) the spill response capability throughout the 
shared water of the United States and Canada, in-
cluding 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 capa-
bility 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 ves-
sels to be escorted by tug boats; 
(8) whether oil extracted from oil sands has dif-
ferent properties from other types of oil, including
† HR 2838 EAS 
toxicity and other properties, which may require dif-
ferent maritime clean up technologies; 
(9) a risk assessment of the increasing super-
tanker, tanker, and barge traffic associated with Ca-
nadian oil sands development or expected to be associ-
ated with Canadian oil sands development; and 
(10) the potential costs and benefits to the U.S. 
public and the private sector of maritime transpor-
tation of oil sands products. 
(c) CONSULTATION REQUIREMENT.—In conducting the 
analysis required under this section, the Commandant shall 
consult with the State of Washington and affected tribal 
governments. The Commandant is also strongly encouraged 
to consult with the Secretary of State. 
(d) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Commandant shall submit a 
report based on the analysis 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. 506. ELIGIBILITY TO RECEIVE SURPLUS TRAINING 
EQUIPMENT. 
Section 51103(b)(2)(C) of title 46, United States Code, 
is amended by inserting ‘‘or a training institution that is 
an instrumentality of a State, Territory, or Commonwealth
† HR 2838 EAS 
of the United States or District of Columbia or a unit of 
local government thereof’’ after ‘‘a non-profit training insti-
tution’’. 
TITLE VI—MARITIME ADMINIS-
TRATION AUTHORIZATION 
SEC. 601. SHORT TITLE; AMENDMENT OF TITLE 46, UNITED 
STATES CODE. 
(a) SHORT TITLE.—This title may be cited as the 
‘‘Maritime Administration Authorization Act for Fiscal 
Year 2013’’. 
(b) AMENDMENT
OF TITLE 46, UNITED STATES 
CODE.—Except as otherwise expressly provided, whenever 
in this title an amendment or repeal is expressed in terms 
of an amendment to, or a repeal of, a section or other provi-
sion, the reference shall be considered to be made to a section 
or other provision of title 46, United States Code. 
SEC. 602. MARINE TRANSPORTATION SYSTEM. 
(a) REPORT
ON
STATUS
OF
SYSTEM.—Section 
50109(d) is amended to read as follows: 
‘‘(d) MARINE TRANSPORTATION SYSTEM.— 
‘‘(1) REPORT ON WATERWAYS.—Not later than 
October 1, 2013, the Secretary, in consultation with 
the Secretary of Defense and the commanding officer 
of the Army Corps of Engineers, and with the concur-
rence of the Secretary of the department in which the
† HR 2838 EAS 
Coast Guard is operating, shall submit a report to the 
Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Armed 
Services and the Committee on Transportation and 
Infrastructure of the House of Representatives on the 
status of the Nation’s coastal and inland waterways 
that— 
‘‘(A) describes the state of the United States’ 
marine transportation infrastructure, including 
intercoastal infrastructure, intracoastal infra-
structure, inland waterway infrastructure, ports, 
and marine facilities; 
‘‘(B) provides estimates of the investment 
levels required— 
‘‘(i) to maintain the infrastructure; 
and 
‘‘(ii) to improve the infrastructure; 
and 
‘‘(C) describes the overall environmental 
management of the maritime transportation sys-
tem and the integration of environmental stew-
ardship into the overall system. 
‘‘(2) MARINE TRANSPORTATION.—The Secretary 
may investigate, make determinations concerning, 
and develop a repository of statistical information re-
† HR 2838 EAS 
lating to marine transportation, including its rela-
tionship to transportation by land and air, to facili-
tate research, assessment, and maintenance of the 
maritime transportation system. As used in this 
paragraph, the term ‘marine transportation’ includes 
intercoastal transportation, intracoastal transpor-
tation, inland waterway transportation, ports, and 
marine facilities. 
‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Sec-
retary such sums as may be necessary to carry out 
this subsection.’’. 
(b) CONTAINER-ON-BARGE TRANSPORTATION.— 
(1) ASSESSMENT AND REPORT.—Not later than 
6 months after the date of enactment of this Act, the 
Maritime Administration shall assess the potential for 
using container-on-barge transportation on the inland 
waterways system and submit a report, together with 
the Administration’s findings, conclusions, and rec-
ommendations, to the Committee on Commerce, 
Science, and Transportation of the Senate and the 
Committee on Armed Services and the Committee on 
Transportation and Infrastructure of the House of 
Representatives. If the Administration determines 
that it would be in the public interest, the report may
† HR 2838 EAS 
include recommendations for a plan to increase 
awareness of the potential for use of such container- 
on-barge transportation and recommendations for the 
development and implementation of such a plan. 
(2) FACTORS.—In conducting the assessment, the 
Administration shall consider— 
(A) the environmental benefits of increasing 
container-on-barge movements on our inland and 
intracoastal waterways system; 
(B) the regional differences in the inland 
waterways system; 
(C) the existing programs established at 
coastal and Great Lakes ports for establishing 
awareness of deep sea shipping operations; 
(D) the mechanisms to ensure that imple-
mentation of the plan will not be inconsistent 
with antitrust laws; and 
(E) the potential frequency of service at in-
land river ports. 
SEC. 603. SHORT SEA TRANSPORTATION PROGRAM AMEND-
MENTS. 
(a) PROGRAM PURPOSE.—Section 55601(a) is amend-
ed by inserting ‘‘and to promote more efficient use of the 
navigable waters of the United States’’ after ‘‘congestion’’.
† HR 2838 EAS 
(b) DESIGNATION OF ROUTES.—Section 55601(c) is 
amended by inserting ‘‘and to promote more efficient use 
of the navigable waters of the United States’’ after ‘‘coastal 
corridors’’. 
(c) PROJECT
DESIGNATION.—Section 55601(d) is 
amended to read as follows: 
‘‘(d) PROJECT DESIGNATION.—The Secretary may 
designate a project as a short sea transportation project if 
the Secretary determines that the project— 
‘‘(1) mitigates landside congestion; or 
‘‘(2) promotes more efficient use of the navigable 
waters of the United States.’’. 
(d) DOCUMENTATION.—Section 55605 is amended by 
striking ‘‘by vessel’’ and inserting ‘‘by a documented vessel’’. 
SEC. 604. MARITIME ENVIRONMENTAL AND TECHNICAL AS-
SISTANCE PROGRAM. 
(a) IN GENERAL.—Chapter 503 is amended by adding 
at the end the following: 
‘‘§ 50307. Maritime environmental and technical as-
sistance program 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
may establish a maritime environmental and technical as-
sistance program to engage in the environmental study, re-
search, development, assessment, and deployment of emerg-
ing marine technologies and practices related to the marine
† HR 2838 EAS 
transportation system through the use of public vessels 
under the control of the Maritime Administration or pri-
vate vessels under Untied States registry, and through part-
nerships and cooperative efforts with academic, public, pri-
vate, and non-governmental entities and facilities. 
‘‘(b) 
PROGRAM
REQUIREMENTS.—The 
program 
shall— 
‘‘(1) identify, study, evaluate, test, demonstrate, 
or improve emerging marine technologies and prac-
tices that are likely to achieve environmental im-
provements by— 
‘‘(A) reducing air emissions, water emis-
sions, or other ship discharges; 
‘‘(B) increasing fuel economy or the use of 
alternative fuels and alternative energy (includ-
ing the use of shore power); or 
‘‘(C) controlling aquatic invasive species; 
and 
‘‘(2) be coordinated with the Environmental Pro-
tection Agency, the United States Coast Guard, and 
other Federal, State, local, or tribal agencies, as ap-
propriate. 
‘‘(c) PROGRAM COORDINATION.—Program coordina-
tion under subsection (b)(2) may include—
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‘‘(1) activities that are associated with the devel-
opment or approval of validation and testing regimes; 
and 
‘‘(2) certification or validation of emerging tech-
nologies or practices that demonstrate significant en-
vironmental benefits. 
‘‘(d) FUNDING AND FEES.— 
‘‘(1) IN GENERAL.—In carrying out the mari-
time environmental and technical assistance program, 
the Secretary of Transportation may apply such 
funds as may be appropriated and such funds or re-
sources as may become available by gift, cooperative 
agreement, or otherwise, including the collection of 
fees, for the purposes of the program and its adminis-
tration. 
‘‘(2) ESTABLISHMENT
OF
FEES.—Pursuant to 
section 9701 of title 31, the Secretary of Transpor-
tation may promulgate regulations establishing fees to 
recover reasonable costs to the Secretary and to aca-
demic, public, and non-governmental entities associ-
ated with the program. 
‘‘(3) FEE
DEPOSIT.—Any fees collected under 
this section shall be deposited in a special fund of the 
United States Treasury for services rendered under 
the program, which thereafter shall remain available
† HR 2838 EAS 
until expended to carry out the Secretary of Trans-
portation’s activities for which the fees were collected. 
‘‘(e) REPORT.—The Secretary of Transportation shall 
report on the activities, expenditures, and results of the 
maritime environmental and technical assistance program 
during the preceding fiscal year in the annual budget sub-
mission to Congress.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
for chapter 503 is amended by inserting after the item relat-
ing to section 50306 the following: 
‘‘50307. Maritime environmental and technical assistance program.’’. 
SEC. 605. WAIVER OF NAVIGATION AND VESSEL-INSPEC-
TION LAWS. 
Section 501(b) is amended by adding ‘‘A waiver shall 
be accompanied by a certification by the individual and 
the Administrator 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 that it is not possible to use a 
United States flag vessel or United States flag vessels collec-
tively to meet the national defense requirements.’’ after 
‘‘prescribes.’’. 
SEC. 606. EXTENSION OF MARITIME SECURITY FLEET PRO-
GRAM. 
(a) Section 53101 is amended—
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(1) by amending paragraph (4) to read as fol-
lows: 
‘‘(4) FOREIGN
COMMERCE.—The term ‘foreign 
commerce’ means— 
‘‘(A) commerce or trade between the United 
States, its territories or possessions, or the Dis-
trict of Columbia, and a foreign country; and 
‘‘(B) commerce or trade between foreign 
countries.’’; 
(2) by striking paragraph (5); 
(3) by redesignating paragraphs (6) through (13) 
as paragraphs (5) through (12), respectively; and 
(4) by amending paragraph (5), as redesignated, 
to read as follows: 
‘‘(5) PARTICIPATING FLEET VESSEL.—The term 
‘participating fleet vessel’ means any vessel that— 
‘‘(A) on October 1, 2015— 
‘‘(i) meets the requirements of para-
graph (1), (2), (3), or (4) of section 
53102(c); and 
‘‘(ii) is less than 20 years of age if the 
vessel is a tank vessel, or is less than 25 
years of age for all other vessel types; and 
‘‘(B) on December 31, 2014, is covered by 
an operating agreement under this chapter.’’.
† HR 2838 EAS 
(b) Section 53102(b) is amended to read as follows: 
‘‘(b) VESSEL ELIGIBILITY.—A vessel is eligible to be 
included in the Fleet if— 
‘‘(1) the vessel meets the requirements of para-
graph (1), (2), (3), or (4) of subsection (c); 
‘‘(2) the vessel is operated (or in the case of a 
vessel to be constructed, will be operated) in providing 
transportation in foreign commerce; 
‘‘(3) the vessel is self-propelled and— 
‘‘(A) is a tank vessel that is 10 years of age 
or less on the date the vessel is included in the 
Fleet; or 
‘‘(B) is any other type of vessel that is 15 
years of age or less on the date the vessel is in-
cluded in the Fleet; 
‘‘(4) the vessel— 
‘‘(A) is suitable for use by the United States 
for national defense or military purposes in time 
of war or national emergency, as determined by 
the Secretary of Defense; and 
‘‘(B) is commercially viable, as determined 
by the Secretary; and 
‘‘(5) the vessel— 
‘‘(A) is a United States-documented vessel; 
or
† HR 2838 EAS 
‘‘(B) is not a United States-documented ves-
sel, but— 
‘‘(i) the owner of the vessel has dem-
onstrated an intent to have the vessel docu-
mented under chapter 121 of this title if it 
is included in the Fleet; and 
‘‘(ii) at the time an operating agree-
ment for the vessel is entered into under this 
chapter, the vessel is eligible for documenta-
tion under chapter 121 of this title.’’. 
(c) Section 53103 is amended— 
(1) by amending subsection (b) to read as fol-
lows: 
‘‘(b) EXTENSION OF EXISTING OPERATING AGREE-
MENTS.— 
‘‘(1) OFFER
TO
EXTEND.—Not later than 60 
days after the date of enactment of the Maritime Ad-
ministration Authorization Act for Fiscal Year 2013, 
the Secretary shall offer, to an existing contractor, to 
extend, through September 30, 2025, an operating 
agreement that is in existence on the date of enact-
ment of that Act. The terms and conditions of the ex-
tended operating agreement shall include terms and 
conditions authorized under this chapter, as amended 
from time to time.
† HR 2838 EAS 
‘‘(2) TIME LIMIT.—An existing contractor shall 
have not later than 120 days after the date the Sec-
retary offers to extend an operating agreement to 
agree to the extended operating agreement. 
‘‘(3) SUBSEQUENT AWARD.—The Secretary may 
award an operating agreement to an applicant that 
is eligible to enter into an operating agreement for 
fiscal years 2016 through 2025 if the existing con-
tractor does not agree to the extended operating agree-
ment under paragraph (2).’’; and 
(2) by amending subsection (c) to read as fol-
lows: 
‘‘(c) PROCEDURE FOR AWARDING NEW OPERATING 
AGREEMENTS.—The Secretary may enter into a new oper-
ating agreement with an applicant that meets the require-
ments of section 53102(c) (for vessels that meet the quali-
fications of section 53102(b)) on the basis of priority for 
vessel type established by military requirements of the Sec-
retary of Defense. The Secretary shall allow an applicant 
at least 30 days to submit an application for a new oper-
ating agreement. After consideration of military require-
ments, priority shall be given to an applicant that is a U.S. 
citizen under section 50501 of this title. The Secretary may 
not approve an application without the consent of the Sec-
retary of Defense. The Secretary shall enter into an oper-
† HR 2838 EAS 
ating agreement with the applicant or provide a written 
reason for denying the application.’’. 
(d) Section 53104 is amended— 
(1) in subsection (c), by striking paragraph (3); 
and 
(2) in subsection (e), by striking ‘‘an operating 
agreement under this chapter is terminated under 
subsection (c)(3), or if’’. 
(e) Section 53105 is amended— 
(1) by amending subsection (e) to read as fol-
lows: 
‘‘(e) TRANSFER OF OPERATING AGREEMENTS.—A con-
tractor under an operating agreement may transfer the 
agreement (including all rights and obligations under the 
operating agreement) to any person that is eligible to enter 
into the operating agreement under this chapter if the Sec-
retary and the Secretary of Defense determine that the 
transfer is in the best interests of the United States. A 
transaction shall not be considered a transfer of an oper-
ating agreement if the same legal entity with the same ves-
sels remains the contracting party under the operating 
agreement.’’; and 
(2) by amending subsection (f) to read as follows: 
‘‘(f) REPLACEMENT VESSELS.—A contractor may re-
place a vessel under an operating agreement with another
† HR 2838 EAS 
vessel that is eligible to be included in the Fleet under sec-
tion 53102(b), if the Secretary, in conjunction with the Sec-
retary of Defense, approves the replacement of the vessel.’’. 
(f) Section 53106 is amended— 
(1) in subsection (a)(1), by striking ‘‘and (C) 
$3,100,000 for each of fiscal years 2012 through 
2025.’’ and inserting the following: 
‘‘(C) $3,100,000 for each of fiscal years 
2012, 2013, 2014, 2015, 2016, 2017, and 2018; 
‘‘(D) $3,500,000 for each of fiscal years 
2019, 2020, and 2021; and 
‘‘(E) $3,700,000 for each of fiscal years 
2022, 2023, 2024, and 2025.’’; 
(2) in subsection (c)(3)(C), by striking ‘‘a LASH 
vessel.’’ and inserting ‘‘a lighter aboard ship vessel.’’; 
and 
(3) by striking subsection (f). 
(g) Section 53107(b)(1) is amended to read as follows: 
‘‘(1) IN GENERAL.—An Emergency Preparedness 
Agreement under this section shall require that a con-
tractor for a vessel covered by an operating agreement 
under this chapter shall make commercial transpor-
tation resources (including services) available, upon 
request by the Secretary of Defense during a time of 
war or national emergency, or whenever the Secretary
† HR 2838 EAS 
of Defense determines that it is necessary for national 
security or contingency operation (as that term is de-
fined in section 101 of title 10, United States Code).’’. 
(h) Section 53109 is repealed. 
(i) Section 53111 is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(2); and 
(2) by striking paragraph (3) and inserting the 
following: 
‘‘(3) $186,000,000 for each of fiscal years 2012, 
2013, 2014, 2015, 2016, 2017, and 2018; 
‘‘(4) $210,000,000 for each of fiscal years 2019, 
2020, and 2021; and 
‘‘(5) $222,000,000 for each fiscal year thereafter 
through fiscal year 2025.’’. 
(j) AUTHORIZATION
OF APPROPRIATIONS; MAINTE-
NANCE AND REPAIR REIMBURSEMENT PILOT PROGRAM.— 
Section 3517(i) of the Maritime Security Act of 2003 (46 
U.S.C. 53101 note) is amended by striking ‘‘2011’’ and in-
serting ‘‘2025’’. 
(k) EFFECTIVE DATE OF AMENDMENTS.—The amend-
ments made by— 
(1) paragraphs (2), (3), and (4) of section 606(a) 
of this Act take effect on December 31, 2014; and
† HR 2838 EAS 
(2) section 606(f)(2) of this Act take effect on De-
cember 31, 2014. 
SEC. 607. 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 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 Nation’s maritime 
training infrastructure to meet the current needs of 
the maritime industry; 
(3) evaluate the ability of the Nation’s maritime 
training infrastructure to effectively meet the needs of 
the maritime industry in the future; 
(4) identify trends in maritime training; 
(5) compare the training needs of U.S. mariners 
with the vocational training and educational assist-
ance programs available from Federal agencies to 
evaluate the ability of Federal programs to meet the 
training needs of U.S. mariners;
† HR 2838 EAS 
(6) include recommendations for future programs 
to enhance the capabilities of the Nation’s maritime 
training infrastructure; and 
(7) include recommendations for future programs 
to assist U.S. mariners and those entering the mari-
time profession 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. 608. MARITIME ADMINISTRATION VESSEL RECYCLING 
CONTRACT AWARD PRACTICES. 
(a) IN GENERAL.—Not later than 12 months after the 
date of enactment of this Act, the Inspector General of the 
Department of Transportation shall conduct an assessment 
of the source selection procedures and practices used to 
award the Maritime Administration’s National Defense Re-
serve Fleet vessel recycling contracts. The Inspector General 
shall assess the process, procedures, and practices used for 
the Maritime Administration’s qualification of vessel recy-
cling facilities. The Inspector General shall report the find-
ings to the Committee on Commerce, Science, and Trans-
portation and the Committee on Armed Services of the Sen-
† HR 2838 EAS 
ate, and the Committee on Transportation and Infrastruc-
ture and the Committee on Armed Services of the House 
of Representatives. 
(b) ASSESSMENT.—The assessment under subsection 
(a) shall include a review of whether the Maritime Adminis-
tration’s contract source selection procedures and practices 
are consistent with law, the Federal Acquisition Regula-
tions (FAR), and Federal best practices associated with 
making source selection decisions. 
(c) CONSIDERATIONS.—In making the assessment 
under subsection (a), the Inspector General may consider 
any other aspect of the Maritime Administration’s vessel 
recycling process that the Inspector General deems appro-
priate to review. 
SEC. 609. REQUIREMENT FOR BARGE DESIGN. 
Not later than 9 months after the date of enactment 
of this Act, the Administrator of the Maritime Administra-
tion shall complete the design for a containerized articu-
lated barge 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 tech-
nology for use in marine highway maritime commerce.
† HR 2838 EAS 
TITLE VII—MISCELLANEOUS 
SEC. 701. LIMITATION ON AVAILABILITY OF FUNDS FOR 
PROCUREMENT OF ALTERNATIVE FUEL. 
None of the funds authorized to be appropriated by this 
Act or otherwise made available during fiscal year 2013 
or 2014 for the Coast Guard may be obligated or expended 
for the production or purchase of any alternative fuel if 
the cost of producing or purchasing the alternative fuel ex-
ceeds the cost of producing or purchasing a traditional fossil 
fuel that would be used for the same purpose as the alter-
native fuel. 
SEC. 702. PASSENGER VESSEL SECURITY AND SAFETY RE-
QUIREMENTS. 
(a) VESSEL DESIGN, EQUIPMENT, CONSTRUCTION, 
AND RETROFITTING REQUIREMENTS.—Section 3507(a) of 
title 46, United States Code, is amended— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘to which this subsection ap-
plies’’ and inserting ‘‘to which this section ap-
plies’’; 
(B) in subparagraph (A)— 
(i) by striking ‘‘The vessel’’ and insert-
ing ‘‘Each exterior deck of a vessel’’; and
† HR 2838 EAS 
(ii) by striking the period at the end 
and inserting ‘‘unless the height require-
ment would interfere with the deployment of 
a lifesaving device or other emergency 
equipment as identified by the Com-
mandant.’’; and 
(C) in subparagraph (B), by striking ‘‘entry 
doors that include peep holes or other means of 
visual identification.’’ and inserting ‘‘an entry 
door that includes a peep hole or other means of 
visual identification that provides an unob-
structed view of the area outside the stateroom or 
crew cabin. For purposes of this subparagraph, 
the addition of an optional privacy cover on the 
interior side of the entry shall not in and of 
itself constitute an obstruction.’’; and 
(2) in paragraph (3)— 
(A) by striking ‘‘subparagraph (B)’’ in sub-
paragraph (A) and inserting ‘‘subparagraphs 
(B) and (C)’’; and 
(B) by adding at the end the following: 
‘‘(C) SHIP RAIL, ENTRY DOOR, AND TECH-
NOLOGY
REQUIREMENTS.—The requirements of 
subparagraphs (A) and (B) of paragraph (1)
† HR 2838 EAS 
take effect on the date of enactment of the Coast 
Guard Authorization Act of 2012.’’. 
(b) VIDEO RECORDING.—Section 3507(b)(1) of title 46, 
United States Code, is amended to read as follows: 
‘‘(1) REQUIREMENT
TO
MAINTAIN
SURVEIL-
LANCE.— 
‘‘(A) IN GENERAL.—The owner of a vessel to 
which this section applies shall maintain a video 
surveillance system to assist in documenting 
crimes on the vessel and in providing evidence 
for the prosecution of such crimes, as determined 
by the Secretary. 
‘‘(B) ASSESSMENT.—Not later than 120 
days after the date of enactment of the Coast 
Guard Authorization Act of 2012, the owner of 
a vessel to which this section applies shall per-
form and submit to the Commandant a criminal 
and passenger safety risk assessment to deter-
mine the appropriate placement of video surveil-
lance equipment on the vessel. The assessment 
shall require consideration of camera placement 
in areas where video surveillance may assist in 
documenting crimes on the vessel and in pro-
viding evidence of such crimes. The assessment 
shall make recommendations as to the appro-
† HR 2838 EAS 
priate placement of video surveillance equipment 
throughout the vessel, including passenger and 
crew common areas where there is no expectation 
of privacy, as to the frequency or infrequency of 
crimes in areas of the vessel, and as to the use 
of cameras in areas of perceived higher risk. The 
Commandant shall have authority to review, 
modify, and require modifications to the assess-
ment to provide for additional video coverage of 
a vessel. 
‘‘(C) 
INTERIM
RETENTION
REQUIRE-
MENTS.—The owner of a vessel to which this sec-
tion applies shall retain all video images for a 
voyage for not less than 10 days after the date 
that the images are recorded. If an incident de-
scribed in subsection (g)(3)(A)(i) is alleged and 
reported to law enforcement, all video images for 
a voyage that the Federal Bureau of Investiga-
tion determines relevant shall— 
‘‘(i) be provided to the Federal Bureau 
of Investigation; and 
‘‘(ii) be preserved by the vessel owner 
for not less than 3 years from the date of 
the Federal Bureau of Investigation’s deter-
mination.
† HR 2838 EAS 
‘‘(D) 
RETENTION
REQUIREMENTS.—Not 
later than 3 years after the date of enactment of 
the Coast Guard Authorization Act of 2012, the 
Commandant, in consultation with the Federal 
Bureau of Investigation, shall promulgate stand-
ards for the retention of video surveillance 
records. The Commandant shall consider factors 
that would aid in the investigation of serious 
crimes, including crimes that go unreported 
until after the completion of a voyage. The Com-
mandant shall consider the different types of 
video surveillance systems and storage require-
ments in creating standards both for vessels cur-
rently in operation and for vessels newly built.’’. 
(c) SEXUAL ASSAULT.—Section 3507(d)(1) of title 46, 
United States Code, is amended by inserting ‘‘(taking into 
consideration the length of the voyage and the number of 
passengers and crewmembers that the vessel can accommo-
date)’’ after ‘‘a sexual assault’’. 
(d) CREW ACCESS TO PASSENGER STATEROOMS.— 
Section 3507(f)(2) of title 46, United States Code, is amend-
ed by striking ‘‘are fully and properly implemented and 
periodically reviewed.’’ and inserting ‘‘are fully and prop-
erly implemented, reviewed annually, and updated as nec-
essary.’’.
† HR 2838 EAS 
(e) LOG BOOK AND REPORTING REQUIREMENTS.— 
Section 3507(g) of title 46, United States Code, is amend-
ed— 
(1) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) IN
GENERAL.—The owner of a vessel to 
which this section applies shall— 
‘‘(A) record in a log book, either electroni-
cally or otherwise, a report on— 
‘‘(i) all complaints of crimes described 
in paragraph (3)(A)(i); 
‘‘(ii) all complaints of theft of property 
valued in excess of $1,000; and 
‘‘(iii) all complaints of other crimes 
committed on any voyage that embarks or 
disembarks passengers in the United States; 
and 
‘‘(B) make the log book and all entries 
therein available, whether the log book and en-
tries are maintained onboard the vessel or at a 
centralized location off the vessel, upon request 
to— 
‘‘(i) any agent of the Federal Bureau 
of Investigation performing official duties 
in the course and scope of an investigation;
† HR 2838 EAS 
(1) shall expedite the interagency administrative 
review under subsection (a); and 
(2) may use any resources offered to the Coast 
Guard by the bridge owner for the purpose of para-
graph (1). 
(c) DEADLINE FOR COMPLETION.—Not later than No-
vember 30, 2012, the Coast Guard shall complete the inter-
agency administrative review under subsection (a). 
SEC. 706. 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 re-
quirements 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 ar-
rives from a foreign port or place. 
SEC. 707. WAIVERS. 
(a) F/V TEXAS STAR CASINO.—Notwithstanding 
subchapter II of chapter 121 and chapter 551 of title 46, 
United States Code, the Secretary of the department in 
which the Coast Guard is operating may issue a fishery 
endorsement and a license under chapter 121 for the fishing 
vessel TEXAS STAR CASINO (IMO number 7722047). 
(b) RANGER III.—Section 3703a of title 46, United 
States Code, does not apply to the passenger vessel RANG-