HR 2838 RFS
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-
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.’’. 
VerDate Mar 15 2010 
01:19 Nov 17, 2011
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2838.RFS
H2838
jbell on DSK7SPTVN1PROD with BILLS
HR 2838 RFS
(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tents in section 1(b) of such Act, are repealed.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: 
‘‘(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 
VerDate Mar 15 2010 
01:19 Nov 17, 2011
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H2838.RFS
H2838
jbell on DSK7SPTVN1PROD with BILLS
HR 2838 RFS
minor construction and improvement projects at any 
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.’’. 
(b) CLERICAL AMENDMENT.— 
(1) Section 656 of title 14, United States Code, 
is further amended in the heading by adding at the 
end the following: ‘‘; use of moneys appro-
priated for operating expenses for minor 
construction and improvement’’. 
(2) The analysis at the beginning of chapter 17 
of such title is amended in the item relating to sec-
tion 656 by striking ‘‘waters.’’ and inserting 
‘‘waters; use of moneys appropriated for operating 
expenses for minor construction and improvement.’’. 
VerDate Mar 15 2010 
01:19 Nov 17, 2011
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H2838.RFS
H2838
jbell on DSK7SPTVN1PROD with BILLS
HR 2838 RFS
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. 
‘‘(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 
VerDate Mar 15 2010 
01:19 Nov 17, 2011
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H2838.RFS
H2838
jbell on DSK7SPTVN1PROD with BILLS
HR 2838 RFS
‘‘(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. 
‘‘(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-
VerDate Mar 15 2010 
01:19 Nov 17, 2011
Jkt 019200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H2838.RFS
H2838
jbell on DSK7SPTVN1PROD with BILLS
HR 2838 RFS
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 
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.’’. 
VerDate Mar 15 2010 
01:19 Nov 17, 2011
Jkt 019200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H2838.RFS
H2838
jbell on DSK7SPTVN1PROD with BILLS
HR 2838 RFS
(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 
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 
VerDate Mar 15 2010 
01:19 Nov 17, 2011
Jkt 019200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H2838.RFS
H2838
jbell on DSK7SPTVN1PROD with BILLS
HR 2838 RFS
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; 
(4) a list of housing capacity shortfalls and ex-
cess; and 
(5) a revised prioritized list of housing mainte-
nance and recapitalization projects. 
SEC. 208. ADVANCE PROCUREMENT FUNDING. 
(a) IN GENERAL.—Subchapter II of chapter 15 of 
title 14, United States Code, is amended by adding at the 
end the following: 
‘‘§ 577. Advance procurement funding 
‘‘(a) IN GENERAL.—With respect to any Coast Guard 
vessel for which amounts are appropriated or otherwise 
made available for vessels for the Coast Guard in any fis-
cal year, the Commandant, subject to section 569a(a) for 
the sixth national security cutter and section 569a for the 
seventh national security cutter, may enter into a contract 
VerDate Mar 15 2010 
01:19 Nov 17, 2011
Jkt 019200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H2838.RFS
H2838
jbell on DSK7SPTVN1PROD with BILLS
HR 2838 RFS
or place an order, in advance of a contract or order for 
construction of a vessel, for— 
‘‘(1) materials, parts, components, and labor for 
the vessel; 
‘‘(2) the advance construction of parts or com-
ponents for the vessel; 
‘‘(3) protection and storage of materials, parts, 
or components for the vessel; and 
‘‘(4) production planning, design, and other re-
lated support services that reduce the overall pro-
curement lead time of the vessel. 
‘‘(b) USE OF MATERIALS, PARTS, AND COMPONENTS 
MANUFACTURED IN THE UNITED STATES.—In entering 
into contracts and placing orders under subsection (a), the 
Commandant shall give priority to persons that manufac-
ture materials, parts, and components in the United 
States.’’. 
(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: 
‘‘577. Advance procurement funding.’’. 
VerDate Mar 15 2010 
01:19 Nov 17, 2011
Jkt 019200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6211
E:\BILLS\H2838.RFS
H2838
jbell on DSK7SPTVN1PROD with BILLS
HR 2838 RFS
TITLE III—COAST GUARD 
REFORM 
SEC. 301. REPEALS. 
(a) DISTRICT OMBUDSMAN.—Section 55 of title 14, 
United States Code, and the item relating to such section 
in the analysis for chapter 3 of such title, are repealed. 
(b) 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. 
(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. 
VerDate Mar 15 2010 
01:19 Nov 17, 2011
Jkt 019200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H2838.RFS
H2838
jbell on DSK7SPTVN1PROD with BILLS
HR 2838 RFS
(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: 
‘‘§ 569a. National security cutters 
‘‘(a) SIXTH NATIONAL SECURITY CUTTER.—The 
Commandant may not begin production of a sixth national 
security cutter on any date before which the Com-
mandant— 
VerDate Mar 15 2010 
01:19 Nov 17, 2011
Jkt 019200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H2838.RFS
H2838
jbell on DSK7SPTVN1PROD with BILLS
HR 2838 RFS
‘‘(1) 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 three na-
tional security cutters and has submitted 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 plan to provide such boats upon the 
date of delivery of each subsequent national security 
cutter; 
‘‘(2) has achieved the goal of 225 days away 
from homeport for each of the first two national se-
curity cutters; and 
‘‘(3) 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) SEVENTH NATIONAL SECURITY CUTTER.—The 
Commandant may not begin production of a seventh na-
tional security cutter on any date before which the Com-
mandant has selected an offshore patrol cutter that meets 
at least the minimum operational requirements set out in 
the Operational Requirements Document approved by the 
VerDate Mar 15 2010 
01:19 Nov 17, 2011
Jkt 019200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H2838.RFS
H2838
jbell on DSK7SPTVN1PROD with BILLS
HR 2838 RFS
department in which the Coast Guard is operating on Oc-
tober 20, 2010.’’. 
(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.’’. 
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 
VerDate Mar 15 2010 
01:19 Nov 17, 2011
Jkt 019200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H2838.RFS
H2838
jbell on DSK7SPTVN1PROD with BILLS
HR 2838 RFS
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; 
‘‘(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; 
VerDate Mar 15 2010 
01:19 Nov 17, 2011
Jkt 019200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H2838.RFS
H2838
jbell on DSK7SPTVN1PROD with BILLS
HR 2838 RFS
‘‘(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; 
‘‘(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; the number of officers, members, and employ-
ees of the Coast Guard currently assigned to posi-
tions in the acquisition workforce; and a determina-
tion on the adequacy of the current acquisition 
workforce to meet that anticipated workload, includ-
ing the specific positions that are or will be under-
staffed, 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 
VerDate Mar 15 2010 
01:19 Nov 17, 2011
Jkt 019200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H2838.RFS
H2838
jbell on DSK7SPTVN1PROD with BILLS
HR 2838 RFS
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 
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 
subsections (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: 
VerDate Mar 15 2010 
01:19 Nov 17, 2011
Jkt 019200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H2838.RFS
H2838
jbell on DSK7SPTVN1PROD with BILLS
HR 2838 RFS
‘‘§ 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.’’. 
(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 striking ‘‘citizens of the United States and 
its territories and possessions,’’ and inserting ‘‘nationals 
of the United States (as such term is defined in section 
101(a)(22) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(22)) and aliens lawfully admitted for per-
manent residence (as such term is defined in section 
101(a)(20) of such Act (8 U.S.C. 1101 (a)(20))),’’. 
SEC. 307. DECOMMISSIONINGS. 
(a) POLAR SEA.—Not later than 6 months after the 
date of enactment of this Act, the Commandant of the 
VerDate Mar 15 2010 
01:19 Nov 17, 2011
Jkt 019200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H2838.RFS
H2838
jbell on DSK7SPTVN1PROD with BILLS