Coast Guard and Maritime Transportation Act of 2012
PL 112-213 (H.R.2838), enacted 12/20/2012

126 STAT. 1540 
PUBLIC LAW 112–213—DEC. 20, 2012 
Public Law 112–213 
112th Congress 
An Act 
To authorize appropriations for the Coast Guard for fiscal years 2013 through 
2014, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Coast Guard 
and Maritime Transportation Act of 2012’’. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—AUTHORIZATION 
Sec. 101. Authorization of appropriations. 
Sec. 102. Authorized levels of military strength and training. 
TITLE II—COAST GUARD 
Sec. 201. Interference with Coast Guard transmissions. 
Sec. 202. Coast Guard authority to operate and maintain Coast Guard assets. 
Sec. 203. Limitation on expenditures. 
Sec. 204. Academy pay, allowances, and emoluments. 
Sec. 205. Policy on sexual harassment and sexual violence. 
Sec. 206. Appointments of permanent commissioned officers. 
Sec. 207. Selection boards; oath of members. 
Sec. 208. Special selection boards; correction of errors. 
Sec. 209. Prohibition of certain involuntary administrative separations. 
Sec. 210. Major acquisitions. 
Sec. 211. Advance procurement funding. 
Sec. 212. Minor construction. 
Sec. 213. Capital investment plan and annual list of projects to Congress. 
Sec. 214. Aircraft accident investigations. 
Sec. 215. Coast Guard Auxiliary enrollment eligibility. 
Sec. 216. Repeals. 
Sec. 217. Technical corrections to title 14. 
Sec. 218. Acquisition workforce expedited hiring authority. 
Sec. 219. Renewal of temporary early retirement authority. 
Sec. 220. Response Boat-Medium procurement. 
Sec. 221. National Security Cutters. 
Sec. 222. Coast Guard polar icebreakers. 
TITLE III—SHIPPING AND NAVIGATION 
Sec. 301. Identification of actions to enable qualified United States flag capacity to 
meet national defense requirements. 
Sec. 302. Limitation of liability for non-Federal vessel traffic service operators. 
Sec. 303. Survival craft. 
Sec. 304. Classification societies. 
Sec. 305. Dockside examinations. 
Sec. 306. Authority to extend the duration of medical certificates. 
Sec. 307. Clarification of restrictions on American Fisheries Act vessels. 
Sec. 308. Investigations by Secretary. 
Sec. 309. Penalties. 
Coast Guard and 
Maritime 
Transportation 
Act of 2012. 
14 USC 1 note. 
Dec. 20, 2012 
[H.R. 2838] 
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126 STAT. 1541 
PUBLIC LAW 112–213—DEC. 20, 2012 
Sec. 310. United States Committee on the Marine Transportation System. 
Sec. 311. Technical correction to title 46. 
Sec. 312. Deepwater ports. 
TITLE IV—MARITIME ADMINISTRATION AUTHORIZATION 
Sec. 401. Short title. 
Sec. 402. Authorization of appropriations for national security aspects of the mer-
chant marine for fiscal year 2013. 
Sec. 403. Maritime environmental and technical assistance. 
Sec. 404. Property for instructional purposes. 
Sec. 405. Short sea transportation. 
Sec. 406. Limitation of National Defense Reserve Fleet vessels to those over 1,500 
gross tons. 
Sec. 407. Transfer of vessels to the National Defense Reserve Fleet. 
Sec. 408. Clarification of heading. 
Sec. 409. Mission of the Maritime Administration. 
Sec. 410. Amendments relating to the National Defense Reserve Fleet. 
Sec. 411. Requirement for barge design. 
Sec. 412. Container-on-barge transportation. 
Sec. 413. Department of Defense national strategic ports study and Comptroller 
General studies and reports on strategic ports. 
Sec. 414. Maritime workforce study. 
Sec. 415. Maritime Administration vessel recycling contract award practices. 
TITLE V—PIRACY 
Sec. 501. Short title. 
Sec. 502. Training for use of force against piracy. 
Sec. 503. Security of Government-impelled cargo. 
Sec. 504. Actions taken to protect foreign-flagged vessels from piracy. 
TITLE VI—MARINE DEBRIS 
Sec. 601. Short title. 
Sec. 602. Short title amendment; references. 
Sec. 603. Purpose. 
Sec. 604. NOAA Marine Debris Program. 
Sec. 605. Repeal of obsolete provisions. 
Sec. 606. Coordination. 
Sec. 607. Confidentiality of submitted information. 
Sec. 608. Definitions. 
Sec. 609. Severe marine debris event determination. 
TITLE VII—MISCELLANEOUS 
Sec. 701. Distant water tuna fleet. 
Sec. 702. Technical corrections. 
Sec. 703. Extension of moratorium. 
Sec. 704. Notice of arrival. 
Sec. 705. Waivers. 
Sec. 706. National Response Center notification requirements. 
Sec. 707. Vessel determinations. 
Sec. 708. Mille Lacs Lake, Minnesota. 
Sec. 709. Transportation Worker Identification Credential process reform. 
Sec. 710. Investment amount. 
Sec. 711. Integrated cross-border maritime law enforcement operations between the 
United States and Canada. 
Sec. 712. Bridge permits. 
Sec. 713. Tonnage of Aqueos Acadian. 
Sec. 714. Navigability determination. 
Sec. 715. Coast Guard housing. 
Sec. 716. Assessment of needs for additional Coast Guard presence in high-latitude 
regions. 
Sec. 717. Potential Place of Refuge. 
Sec. 718. Merchant mariner medical evaluation program. 
Sec. 719. Determinations. 
Sec. 720. Impediments to the United States-flag registry. 
Sec. 721. Arctic deepwater seaport. 
Sec. 722. Risk assessment of transporting Canadian oil sands. 
TITLE I—AUTHORIZATION 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
Funds are authorized to be appropriated for each of fiscal 
years 2013 and 2014 for necessary expenses of the Coast Guard 
as follows: 
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126 STAT. 1542 
PUBLIC LAW 112–213—DEC. 20, 2012 
(1) For the operation and maintenance of the Coast 
Guard— 
(A) $6,882,645,000 for fiscal year 2013; and 
(B) $6,981,036,000 for fiscal year 2014; 
of which $24,500,000 is authorized each fiscal year to be derived 
from the Oil Spill Liability Trust Fund to carry out the purposes 
of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 
2712(a)(5)). 
(2) For the acquisition, construction, rebuilding, and 
improvement of aids to navigation, shore and offshore facilities, 
vessels, and aircraft, including equipment related thereto— 
(A) $1,545,312,000 for fiscal year 2013; and 
(B) $1,546,448,000 for fiscal year 2014; 
to remain available until expended and of which $20,000,000 
is authorized each fiscal year to be derived from the Oil Spill 
Liability Trust Fund to carry out the purposes of section 
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)). 
(3) For the Coast Guard Reserve program, including per-
sonnel and training costs, equipment, and services— 
(A) $138,111,000 for fiscal year 2013; and 
(B) $140,016,000 for fiscal year 2014. 
(4) For environmental compliance and restoration of Coast 
Guard vessels, aircraft, and facilities (other than parts and 
equipment associated with operation and maintenance)— 
(A) $16,699,000 for fiscal year 2013; and 
(B) $16,701,000 for fiscal year 2014; 
to remain available until expended. 
(5) To the Commandant of the Coast Guard for research, 
development, test, and evaluation of technologies, materials, 
and human factors directly related to improving the perform-
ance of the Coast Guard’s mission with respect to search and 
rescue, aids to navigation, marine safety, marine environmental 
protection, enforcement of laws and treaties, ice operations, 
oceanographic research, and defense readiness— 
(A) $19,848,000 for fiscal year 2013; and 
(B) $19,890,000 for fiscal year 2014. 
(6) For alteration or removal of bridges over navigable 
waters of the United States constituting obstructions to naviga-
tion, and for personnel and administrative costs associated 
with the Alteration of Bridges Program— 
(A) $16,000,000 for fiscal year 2013; and 
(B) $16,000,000 for fiscal year 2014. 
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND 
TRAINING. 
(a) ACTIVE DUTY STRENGTH.—The Coast Guard is authorized 
an end-of-year strength for active duty personnel of 47,000 for 
each of fiscal years 2013 and 2014. 
(b) MILITARY TRAINING STUDENT LOADS.—The Coast Guard 
is authorized average military training student loads for each of 
fiscal years 2013 and 2014 as follows: 
(1) For recruit and special training, 2,500 student years. 
(2) For flight training, 165 student years. 
(3) For professional training in military and civilian institu-
tions, 350 student years. 
(4) For officer acquisition, 1,200 student years. 
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126 STAT. 1543 
PUBLIC LAW 112–213—DEC. 20, 2012 
TITLE II—COAST GUARD 
SEC. 201. INTERFERENCE WITH COAST GUARD TRANSMISSIONS. 
Section 88 of title 14, United States Code, is amended by 
adding at the end the following: 
‘‘(e) An individual who knowingly and willfully operates a device 
with the intention of interfering with the broadcast or reception 
of a radio, microwave, or other signal (including a signal from 
a global positioning system) transmitted, retransmitted, or aug-
mented by the Coast Guard for the purpose of maritime safety 
is— 
‘‘(1) guilty of a class E felony; and 
‘‘(2) subject to a civil penalty of not more than $1,000 
per day for each violation.’’. 
SEC. 202. COAST GUARD AUTHORITY TO OPERATE AND MAINTAIN 
COAST GUARD ASSETS. 
Section 93 of title 14, United States Code, is amended by 
adding at the end the following: 
‘‘(e) OPERATION AND MAINTENANCE OF COAST GUARD ASSETS 
AND FACILITIES.—All authority, including programmatic budget 
authority, for the operation and maintenance of Coast Guard ves-
sels, aircraft, systems, aids to navigation, infrastructure, and other 
assets or facilities shall be allocated to and vested in the Coast 
Guard and the department in which the Coast Guard is operating.’’. 
SEC. 203. LIMITATION ON EXPENDITURES. 
Section 149(d) of title 14, United States Code, is amended 
by adding at the end the following: 
‘‘(3) The amount of funds used under this subsection may 
not exceed $100,000 in any fiscal year.’’. 
SEC. 204. ACADEMY PAY, ALLOWANCES, AND EMOLUMENTS. 
Section 195 of title 14, United States Code, is amended— 
(1) by striking ‘‘person’’ each place it appears and inserting 
‘‘foreign national’’; and 
(2) by striking ‘‘pay and allowances’’ each place it appears 
and inserting ‘‘pay, allowances, and emoluments’’. 
SEC. 205. POLICY ON SEXUAL HARASSMENT AND SEXUAL VIOLENCE. 
(a) ESTABLISHMENT.—Chapter 9 of title 14, United States Code, 
is amended by adding at the end the following: 
‘‘§ 200. Policy on sexual harassment and sexual violence 
‘‘(a) REQUIRED POLICY.—The Commandant of the Coast Guard 
shall direct the Superintendent of the Coast Guard Academy to 
prescribe a policy on sexual harassment and sexual violence 
applicable to the cadets and other personnel of the Academy. 
‘‘(b) MATTERS TO BE SPECIFIED IN POLICY.—The policy on sexual 
harassment and sexual violence under this section shall include 
specification of the following: 
‘‘(1) Programs to promote awareness of the incidence of 
rape, acquaintance rape, and other sexual offenses of a criminal 
nature that involve cadets or other Academy personnel. 
‘‘(2) Information about how the Coast Guard and the 
Academy will protect the confidentiality of victims of sexual 
harassment or sexual violence, including how any records, 
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126 STAT. 1544 
PUBLIC LAW 112–213—DEC. 20, 2012 
statistics, or reports intended for public release will be for-
matted such that the confidentiality of victims is not jeopard-
ized. 
‘‘(3) Procedures that cadets and other Academy personnel 
should follow in the case of an occurrence of sexual harassment 
or sexual violence, including— 
‘‘(A) if the victim chooses to report an occurrence of 
sexual harassment or sexual violence, a specification of 
the person or persons to whom the alleged offense should 
be reported and options for confidential reporting, including 
written information to be given to victims that explains 
how the Coast Guard and the Academy will protect the 
confidentiality of victims; 
‘‘(B) a specification of any other person whom the 
victim should contact; and 
‘‘(C) procedures on the preservation of evidence poten-
tially necessary for proof of criminal sexual assault. 
‘‘(4) Procedures for disciplinary action in cases of criminal 
sexual assault involving a cadet or other Academy personnel. 
‘‘(5) Sanctions authorized to be imposed in a substantiated 
case of sexual harassment or sexual violence involving a cadet 
or other Academy personnel, including with respect to rape, 
acquaintance rape, or other criminal sexual offense, whether 
forcible or nonforcible. 
‘‘(6) Required training on the policy for all cadets and 
other Academy personnel who process allegations of sexual 
harassment or sexual violence involving a cadet or other 
Academy personnel. 
‘‘(c) ASSESSMENT.— 
‘‘(1) IN GENERAL.—The Commandant shall direct the Super-
intendent to conduct at the Academy during each Academy 
program year an assessment to determine the effectiveness 
of the policies of the Academy with respect to sexual harass-
ment and sexual violence involving cadets or other Academy 
personnel. 
‘‘(2) BIENNIAL SURVEY.—For the assessment at the Academy 
under paragraph (1) with respect to an Academy program year 
that begins in an odd-numbered calendar year, the Super-
intendent shall conduct a survey of cadets and other Academy 
personnel— 
‘‘(A) to measure— 
‘‘(i) the incidence, during that program year, of 
sexual harassment and sexual violence events, on or 
off the Academy reservation, that have been reported 
to an official of the Academy; and 
‘‘(ii) the incidence, during that program year, of 
sexual harassment and sexual violence events, on or 
off the Academy reservation, that have not been 
reported to an official of the Academy; and 
‘‘(B) to assess the perceptions of the cadets and other 
Academy personnel with respect to— 
‘‘(i) the Academy’s policies, training, and proce-
dures on sexual harassment and sexual violence 
involving cadets or other Academy personnel; 
‘‘(ii) the enforcement of such policies; 
Deadline. 
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126 STAT. 1545 
PUBLIC LAW 112–213—DEC. 20, 2012 
‘‘(iii) the incidence of sexual harassment and sexual 
violence involving cadets or other Academy personnel; 
and 
‘‘(iv) any other issues relating to sexual harass-
ment and sexual violence involving cadets or other 
Academy personnel. 
‘‘(d) REPORT.— 
‘‘(1) IN GENERAL.—The Commandant shall direct the Super-
intendent to submit to the Commandant a report on sexual 
harassment and sexual violence involving cadets or other 
Academy personnel for each Academy program year. 
‘‘(2) REPORT SPECIFICATIONS.—Each report under paragraph 
(1) shall include, for the Academy program year covered by 
the report, the following: 
‘‘(A) The number of sexual assaults, rapes, and other 
sexual offenses involving cadets or other Academy per-
sonnel that have been reported to Academy officials during 
the Academy program year and, of those reported cases, 
the number that have been substantiated. 
‘‘(B) A plan for the actions that are to be taken in 
the following Academy program year regarding prevention 
of and response to sexual harassment and sexual violence 
involving cadets or other Academy personnel. 
‘‘(3) BIENNIAL SURVEY.—Each report under paragraph (1) 
for an Academy program year that begins in an odd-numbered 
calendar year shall include the results of the survey conducted 
in that Academy program year under subsection (c)(2). 
‘‘(4) TRANSMISSION
OF
REPORT.—The Commandant shall 
transmit each report received by the Commandant under this 
subsection, together with the Commandant’s comments on the 
report, to— 
‘‘(A) the Committee on Commerce, Science, and 
Transportation of the Senate; and 
‘‘(B) the Committee on Transportation and Infrastruc-
ture of the House of Representatives. 
‘‘(5) FOCUS GROUPS.— 
‘‘(A) IN GENERAL.—For each Academy program year 
with respect to which the Superintendent is not required 
to conduct a survey at the Academy under subsection (c)(2), 
the Commandant shall require focus groups to be conducted 
at the Academy for the purposes of ascertaining information 
relating to sexual assault and sexual harassment issues 
at the Academy. 
‘‘(B) INCLUSION IN REPORTS.—Information derived from 
a focus group under subparagraph (A) shall be included 
in the next transmitted Commandant’s report under this 
subsection. 
‘‘(e) VICTIM CONFIDENTIALITY.—To the extent that information 
collected under the authority of this section is reported or otherwise 
made available to the public, such information shall be provided 
in a form that is consistent with applicable privacy protections 
under Federal law and does not jeopardize the confidentiality of 
victims.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 9 of title 
14, United States Code, is amended by inserting after the item 
relating to section 199 the following: 
‘‘200. Policy on sexual harassment and sexual violence.’’. 
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126 STAT. 1546 
PUBLIC LAW 112–213—DEC. 20, 2012 
SEC. 206. APPOINTMENTS OF PERMANENT COMMISSIONED OFFICERS. 
Section 211 of title 14, United States Code, is amended by 
adding at the end the following: 
‘‘(d) For the purposes of this section, the term ‘original’, with 
respect to the appointment of a member of the Coast Guard, refers 
to that member’s most recent appointment in the Coast Guard 
that is neither a promotion nor a demotion.’’. 
SEC. 207. SELECTION BOARDS; OATH OF MEMBERS. 
Section 254 of title 14, United States Code, is amended to 
read as follows: 
‘‘§ 254. Selection boards; oath of members 
‘‘Each member of a selection board shall swear— 
‘‘(1) that the member will, without prejudice or partiality, 
and having in view both the special fitness of officers and 
the efficiency of the Coast Guard, perform the duties imposed 
upon the member; and 
‘‘(2) an oath in accordance with section 635.’’. 
SEC. 208. SPECIAL SELECTION BOARDS; CORRECTION OF ERRORS. 
(a) IN GENERAL.—Chapter 11 of title 14, United States Code, 
is amended by inserting after section 262 the following: 
‘‘§ 263. Special selection boards; correction of errors 
‘‘(a) OFFICERS
NOT
CONSIDERED
DUE
TO
ADMINISTRATIVE 
ERROR.— 
‘‘(1) IN GENERAL.—If the Secretary determines that as the 
result of an administrative error— 
‘‘(A) an officer or former officer was not considered 
for selection for promotion by a selection board convened 
under section 251; or 
‘‘(B) the name of an officer or former officer was not 
placed on an all-fully-qualified-officers list; 
the Secretary shall convene a special selection board to deter-
mine whether such officer or former officer should be rec-
ommended for promotion and such officer or former officer 
shall not be considered to have failed of selection for promotion 
prior to the consideration of the special selection board. 
‘‘(2) EFFECT OF FAILURE TO RECOMMEND FOR PROMOTION.— 
If a special selection board convened under paragraph (1) does 
not recommend for promotion an officer or former officer, whose 
grade is below the grade of captain and whose name was 
referred to that board for consideration, the officer or former 
officer shall be considered to have failed of selection for pro-
motion. 
‘‘(b) OFFICERS CONSIDERED BUT NOT SELECTED; MATERIAL 
ERROR.— 
‘‘(1) IN GENERAL.—In the case of an officer or former officer 
who was eligible for promotion, was considered for selection 
for promotion by a selection board convened under section 
251, and was not selected for promotion by that board, the 
Secretary may convene a special selection board to determine 
whether the officer or former officer should be recommended 
for promotion, if the Secretary determines that— 
‘‘(A) an action of the selection board that considered 
the officer or former officer— 
Determination. 
Determination. 
Definition. 
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126 STAT. 1547 
PUBLIC LAW 112–213—DEC. 20, 2012 
‘‘(i) was contrary to law in a matter material to 
the decision of the board; or 
‘‘(ii) involved material error of fact or material 
administrative error; or 
‘‘(B) the selection board that considered the officer 
or former officer did not have before it for consideration 
material information. 
‘‘(2) EFFECT OF FAILURE TO RECOMMEND FOR PROMOTION.— 
If a special selection board convened under paragraph (1) does 
not recommend for promotion an officer or former officer, whose 
grade is that of commander or below and whose name was 
referred to that board for consideration, the officer or former 
officer shall be considered— 
‘‘(A) to have failed of selection for promotion with 
respect to the board that considered the officer or former 
officer prior to the consideration of the special selection 
board; and 
‘‘(B) to incur no additional failure of selection for pro-
motion as a result of the action of the special selection 
board. 
‘‘(c) REQUIREMENTS
FOR SPECIAL SELECTION BOARDS.—Each 
special selection board convened under this section shall— 
‘‘(1) be composed in accordance with section 252 and the 
members of the board shall be required to swear the oaths 
described in section 254; 
‘‘(2) consider the record of an applicable officer or former 
officer as that record, if corrected, would have appeared to 
the selection board that should have considered or did consider 
the officer or former officer prior to the consideration of the 
special selection board and that record shall be compared with 
a sampling of the records of— 
‘‘(A) those officers of the same grade who were rec-
ommended for promotion by such prior selection board; 
and 
‘‘(B) those officers of the same grade who were not 
recommended for promotion by such prior selection board; 
and 
‘‘(3) submit to the Secretary a written report in a manner 
consistent with sections 260 and 261. 
‘‘(d) APPOINTMENT
OF
OFFICERS
RECOMMENDED
FOR
PRO-
MOTION.— 
‘‘(1) IN GENERAL.—An officer or former officer whose name 
is placed on a promotion list as a result of the recommendation 
of a special selection board convened under this section shall 
be appointed, as soon as practicable, to the next higher grade 
in accordance with the law and policies that would have been 
applicable to the officer or former officer had the officer or 
former officer been recommended for promotion by the selection 
board that should have considered or did consider the officer 
or former officer prior to the consideration of the special selec-
tion board. 
‘‘(2) EFFECT.—An officer or former officer who is promoted 
to the next higher grade as a result of the recommendation 
of a special selection board convened under this section shall 
have, upon such promotion, the same date of rank, the same 
effective date for the pay and allowances of that grade, and 
the same position on the active duty promotion list as the 
Reports. 
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126 STAT. 1548 
PUBLIC LAW 112–213—DEC. 20, 2012 
officer or former officer would have had if the officer or former 
officer had been recommended for promotion to that grade 
by the selection board that should have considered or did con-
sider the officer or former officer prior to the consideration 
of the special selection board. 
‘‘(3) RECORD CORRECTION.—If the report of a special selec-
tion board convened under this section, as approved by the 
President, recommends for promotion to the next higher grade 
an officer not eligible for promotion or a former officer whose 
name was referred to the board for consideration, the Secretary 
may act under section 1552 of title 10 to correct the military 
record of the officer or former officer to correct an error or 
remove an injustice resulting from the officer or former officer 
not being selected for promotion by the selection board that 
should have considered or did consider the officer or former 
officer prior to the consideration of the special selection board. 
‘‘(e) APPLICATION PROCESS AND TIME LIMITS.—The Secretary 
shall issue regulations regarding the process by which an officer 
or former officer may apply to have a matter considered by a 
special selection board convened under this section, including time 
limits related to such applications. 
‘‘(f) LIMITATION OF OTHER JURISDICTION.—No official or court 
of the United States shall have authority or jurisdiction over any 
claim based in any way on the failure of an officer or former 
officer to be selected for promotion by a selection board convened 
under section 251, until— 
‘‘(1) the claim has been referred to a special selection board 
convened under this section and acted upon by that board; 
or 
‘‘(2) the claim has been rejected by the Secretary without 
consideration by a special selection board convened under this 
section. 
‘‘(g) JUDICIAL REVIEW.— 
‘‘(1) IN
GENERAL.—A court of the United States may 
review— 
‘‘(A) a decision of the Secretary not to convene a special 
selection board under this section to determine if the court 
finds that the decision of the Secretary was arbitrary or 
capricious, not based on substantial evidence, or otherwise 
contrary to law; and 
‘‘(B) an action of a special selection board under this 
section to determine if the court finds that the action 
of the special selection board was contrary to law or 
involved material error of fact or material administrative 
error. 
‘‘(2) REMAND AND RECONSIDERATION.—If, with respect to 
a review under paragraph (1), a court makes a finding described 
in subparagraph (A) or (B) of that paragraph, the court shall 
remand the case to the Secretary and the Secretary shall pro-
vide the applicable officer or former officer consideration by 
a new special selection board convened under this section. 
‘‘(h) DESIGNATION OF BOARDS.—The Secretary may designate 
a selection board convened under section 251 as a special selection 
board convened under this section. A selection board so designated 
may function in the capacity of a selection board convened under 
section 251 and a special selection board convened under this sec-
tion.’’. 
Regulations. 
President. 
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126 STAT. 1549 
PUBLIC LAW 112–213—DEC. 20, 2012 
(b) SELECTION
BOARDS; SUBMISSION
OF
REPORTS.—Section 
261(d) of title 14, United States Code, is amended by striking 
‘‘selection board’’ and inserting ‘‘selection board, including a special 
selection board convened under section 263,’’. 
(c) FAILURE OF SELECTION FOR PROMOTION.—Section 262 of 
title 14, United States Code, is amended to read as follows: 
‘‘§ 262. Failure of selection for promotion 
‘‘An officer, other than an officer serving in the grade of captain, 
who is, or is senior to, the junior officer in the promotion zone 
established for his grade under section 256 of this title, fails of 
selection if he is not selected for promotion by the selection board 
which considered him, or if having been recommended for promotion 
by the board, his name is thereafter removed from the report 
of the board by the President.’’. 
(d) CLERICAL AMENDMENT.—The analysis for chapter 11 of title 
14, United States Code, is amended by inserting after the item 
relating to section 262 the following: 
‘‘263. Special selection boards; correction of errors.’’. 
(e) APPLICABILITY; RULE OF CONSTRUCTION.— 
(1) APPLICABILITY.—The amendments made by this section 
shall take effect on the date of enactment of this Act and 
the Secretary may convene a special selection board on or 
after that date under section 263 of title 14, United States 
Code, with respect to any error or other action for which such 
a board may be convened if that error or other action occurred 
on or after the date that is 1 year before the date of enactment 
of this Act. 
(2) RULE OF CONSTRUCTION.—Sections 271, 272, and 273 
of title 14, United States Code, apply to the activities of— 
(A) a selection board convened under section 251 of 
such title; and 
(B) a special selection board convened under section 
263 of such title. 
SEC. 209. PROHIBITION OF CERTAIN INVOLUNTARY ADMINISTRATIVE 
SEPARATIONS. 
(a) IN GENERAL.—Chapter 11 of title 14, United States Code, 
as amended by this Act, is further amended by inserting after 
section 426 the following: 
‘‘§ 427. Prohibition of certain involuntary administrative 
separations 
‘‘(a) IN GENERAL.—Except as provided in subsection (b), the 
Secretary may not authorize the involuntary administrative separa-
tion of a covered individual based on a determination that the 
covered individual is unsuitable for deployment or other assignment 
due to a medical condition of the covered individual considered 
by a Physical Evaluation Board during an evaluation of the covered 
individual that resulted in the covered individual being determined 
to be fit for duty. 
‘‘(b) REEVALUATION.— 
‘‘(1) IN GENERAL.—The Secretary may require a Physical 
Evaluation Board to reevaluate any covered individual if the 
Secretary determines there is reason to believe that a medical 
condition of the covered individual considered by a Physical 
14 USC 271 note. 
Effective date. 
Time period. 
14 USC 261 note. 
President. 
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126 STAT. 1550 
PUBLIC LAW 112–213—DEC. 20, 2012 
Evaluation Board during an evaluation of the covered individual 
renders the covered individual unsuitable for continued duty. 
‘‘(2) RETIREMENTS AND SEPARATIONS.—A covered individual 
who is determined, based on a reevaluation under paragraph 
(1), to be unfit to perform the duties of the covered individual’s 
office, grade, rank, or rating may be retired or separated for 
physical disability under this chapter. 
‘‘(c) COVERED INDIVIDUAL DEFINED.—In this section, the term 
‘covered individual’ means any member of the Coast Guard who 
has been determined by a Physical Evaluation Board, pursuant 
to a physical evaluation by that board, to be fit for duty.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 11 of title 
14, United States Code, as amended by this Act, is further amended 
by inserting after the item relating to section 426 the following: 
‘‘427. Prohibition of certain involuntary administrative separations.’’. 
SEC. 210. MAJOR ACQUISITIONS. 
(a) IN GENERAL.—Subchapter I of chapter 15 of title 14, United 
States Code, is amended by adding at the end the following: 
‘‘§ 569a. Major acquisitions 
‘‘(a) IN GENERAL.—In conjunction with the transmittal by the 
President to Congress of the budget of the United States for fiscal 
year 2014 and biennially thereafter, the Secretary shall submit 
to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Transportation and Infrastructure 
of the House of Representatives a report on the status of all major 
acquisition programs. 
‘‘(b) INFORMATION TO BE INCLUDED.—Each report under sub-
section (a) shall include for each major acquisition program— 
‘‘(1) a statement of the Coast Guard’s mission needs and 
performance goals relating to such program, including a jus-
tification for any change to those needs and goals subsequent 
to a report previously submitted under this section; 
‘‘(2) a justification explaining how the projected number 
and capabilities of assets acquired under such program meet 
applicable mission needs and performance goals; 
‘‘(3) an identification of any and all mission hour gaps, 
accompanied by an explanation of how and when the Coast 
Guard will close those gaps; 
‘‘(4) an identification of any changes with respect to such 
program, including— 
‘‘(A) any changes to the timeline for the acquisition 
of each new asset and the phaseout of legacy assets; and 
‘‘(B) any changes to— 
‘‘(i) the costs of new assets or legacy assets for 
that fiscal year or future fiscal years; or 
‘‘(ii) the total acquisition cost; 
‘‘(5) a justification explaining how any change to such pro-
gram fulfills the mission needs and performance goals of the 
Coast Guard; 
‘‘(6) a description of how the Coast Guard is planning 
for the integration of each new asset acquired under such 
program into the Coast Guard, including needs related to shore- 
based infrastructure and human resources; 
Reports. 
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126 STAT. 1551 
PUBLIC LAW 112–213—DEC. 20, 2012 
‘‘(7) an identification of how funds in the applicable fiscal 
year’s budget request will be allocated, including information 
on the purchase of specific assets; 
‘‘(8) a projection of the remaining operational lifespan and 
life-cycle cost of each legacy asset that also identifies any antici-
pated resource gaps; 
‘‘(9) a detailed explanation of how the costs of legacy assets 
are being accounted for within such program; and 
‘‘(10) an annual performance comparison of new assets 
to legacy assets. 
‘‘(c) ADEQUACY
OF
ACQUISITION
WORKFORCE.—Each report 
under subsection (a) shall— 
‘‘(1) include information on the scope of the acquisition 
activities to be performed in the next fiscal year and on the 
adequacy of the current acquisition workforce to meet that 
anticipated workload; 
‘‘(2) specify the number of officers, members, and employees 
of the Coast Guard currently and planned to be assigned to 
each position designated under section 562(c) of this subchapter; 
and 
‘‘(3) identify positions that are or will be understaffed and 
actions that will be taken to correct such understaffing. 
‘‘(d) CUTTERS NOT MAINTAINED IN CLASS.—Each report under 
subsection (a) shall identify which, if any, Coast Guard cutters 
that have been issued a certificate of classification by the American 
Bureau of Shipping have not been maintained in class, with an 
explanation detailing the reasons why the cutters have not been 
maintained in class. 
‘‘(e) MAJOR ACQUISITION PROGRAM DEFINED.—In this section, 
the term ‘major acquisition program’ means an ongoing acquisition 
undertaken by the Coast Guard with a life-cycle cost estimate 
greater than or equal to $300,000,000.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 15 of title 
14, United States Code, is amended by inserting after the item 
relating to section 569 the following: 
‘‘569a. Major acquisitions.’’. 
(c) REPEALS.— 
(1) Section 408(a) of the Coast Guard and Maritime 
Transportation Act of 2006 (14 U.S.C. 663 note) is repealed. 
(2) Title 14, United States Code, is amended— 
(A) in section 562, by repealing subsection (e); and 
(B) in section 573(c)(3), by repealing subparagraph (B). 
SEC. 211. ADVANCE PROCUREMENT FUNDING. 
(a) IN GENERAL.—Subchapter II of chapter 15 of title 14, United 
States Code, is amended by adding at the end the following: 
‘‘§ 577. Advance procurement funding 
‘‘(a) IN GENERAL.—With respect to any Coast Guard vessel 
for which amounts are appropriated and any amounts otherwise 
made available for vessels for the Coast Guard in any fiscal year, 
the Commandant of the Coast Guard may enter into a contract 
or place an order, in advance of a contract or order for construction 
of a vessel, for— 
‘‘(1) materials, parts, components, and labor for the vessel; 
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126 STAT. 1552 
PUBLIC LAW 112–213—DEC. 20, 2012 
‘‘(2) the advance construction of parts or components for 
the vessel; 
‘‘(3) protection and storage of materials, parts, or compo-
nents for the vessel; and 
‘‘(4) production planning, design, and other related support 
services that reduce the overall procurement lead time of the 
vessel. 
‘‘(b) USE OF MATERIALS, PARTS, AND COMPONENTS MANUFAC-
TURED
IN
THE UNITED STATES.—In entering into contracts and 
placing orders under subsection (a), the Commandant may give 
priority to persons that manufacture materials, parts, and compo-
nents in the United States.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 15 of title 
14, United States Code, as amended by this Act, is further amended 
by inserting after the item relating to section 576 the following: 
‘‘577. Advance procurement funding.’’. 
SEC. 212. MINOR CONSTRUCTION. 
(a) IN GENERAL.—Section 656 of title 14, United States Code, 
is amended by adding at the end the following: 
‘‘(d) MINOR CONSTRUCTION AND IMPROVEMENT.— 
‘‘(1) IN GENERAL.—Subject to the reporting requirements 
set forth in paragraph (2), each fiscal year the Secretary may 
expend from amounts made available for the operating expenses 
of the Coast Guard not more than $1,500,000 for minor 
construction and improvement projects at any location. 
‘‘(2) REPORTING REQUIREMENTS.—Not later than 90 days 
after the end of each fiscal year, the Secretary shall submit 
to the Committee on Commerce, Science, and Transportation 
of the Senate and the Committee on Transportation and Infra-
structure of the House of Representatives a report on each 
project undertaken during the course of the preceding fiscal 
year for which the amount expended under paragraph (1) 
exceeded $500,000.’’. 
(b) CLERICAL AMENDMENTS.— 
(1) HEADING.—Section 656 of title 14, United States Code, 
as amended by this Act, is further amended by striking the 
section designation and heading and inserting the following: 
‘‘§ 656. Use of certain appropriated funds’’. 
(2) ANALYSIS.—The analysis for chapter 17 of title 14, 
United States Code, is amended by striking the item relating 
to section 656 and inserting the following: 
‘‘656. Use of certain appropriated funds.’’. 
SEC. 213. CAPITAL INVESTMENT PLAN AND ANNUAL LIST OF PROJECTS 
TO CONGRESS. 
(a) CAPITAL INVESTMENT PLAN.—Section 663 of title 14, United 
States Code, is amended to read as follows: 
‘‘§ 663. Capital investment plan 
‘‘(a) IN GENERAL.—On the date on which the President submits 
to Congress a budget pursuant to section 1105 of title 31, the 
Commandant of the Coast Guard shall submit to the Committee 
on Transportation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and Transportation 
of the Senate— 
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126 STAT. 1553 
PUBLIC LAW 112–213—DEC. 20, 2012 
‘‘(1) a capital investment plan for the Coast Guard that 
identifies for each capital asset for which appropriations are 
proposed in that budget— 
‘‘(A) the proposed appropriations included in the 
budget; 
‘‘(B) the total estimated cost of completion; 
‘‘(C) projected funding levels for each fiscal year for 
the next 5 fiscal years or until project completion, which-
ever is earlier; 
‘‘(D) an estimated completion date at the projected 
funding levels; and 
‘‘(E) an acquisition program baseline, as applicable; 
and 
‘‘(2) a list of each unfunded priority for the Coast Guard. 
‘‘(b) UNFUNDED PRIORITY DEFINED.—In this section, the term 
‘unfunded priority’ means a program or mission requirement that— 
‘‘(1) has not been selected for funding in the applicable 
proposed budget; 
‘‘(2) is necessary to fulfill a requirement associated with 
an operational need; and 
‘‘(3) the Commandant would have recommended for inclu-
sion in the applicable proposed budget had additional resources 
been available or had the requirement emerged before the 
budget was submitted.’’. 
(b) ANNUAL LIST OF PROJECTS TO CONGRESS.—Section 693 of 
title 14, United States Code, is amended to read as follows: 
‘‘§ 693. Annual list of projects to Congress 
‘‘The Commandant of the Coast Guard shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a prioritized list of projects eligible 
for environmental compliance and restoration funding for each fiscal 
year concurrent with the President’s budget submission for that 
fiscal year.’’. 
(c) CLERICAL AND CONFORMING AMENDMENTS.— 
(1) ANALYSIS FOR CHAPTER 17.—The analysis for chapter 
17 of title 14, United States Code, as amended by this Act, 
is further amended by striking the item relating to section 
663 and inserting the following: 
‘‘663. Capital investment plan.’’. 
(2) ANALYSIS FOR CHAPTER 19.—The analysis for chapter 
19 of title 14, United States Code, is amended by striking 
the item relating to section 693 and inserting the following: 
‘‘693. Annual list of projects to Congress.’’. 
(3) COAST GUARD AUTHORIZATION ACT OF 2010.—Section 918 
of the Coast Guard Authorization Act of 2010 (14 U.S.C. 663 
note), and the item relating to that section in the table of 
contents in section 1(b) of that Act, are repealed. 
SEC. 214. AIRCRAFT ACCIDENT INVESTIGATIONS. 
(a) IN GENERAL.—Chapter 17 of title 14, United States Code, 
is amended by adding at the end the following: 
Repeal. 
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126 STAT. 1554 
PUBLIC LAW 112–213—DEC. 20, 2012 
‘‘§ 678. Aircraft accident investigations 
‘‘(a) IN GENERAL.—Whenever the Commandant of the Coast 
Guard conducts an accident investigation of an accident involving 
an aircraft under the jurisdiction of the Commandant, the records 
and report of the investigation shall be treated in accordance with 
this section. 
‘‘(b) PUBLIC DISCLOSURE OF CERTAIN ACCIDENT INVESTIGATION 
INFORMATION.— 
‘‘(1) IN
GENERAL.—Subject to paragraph (2), the Com-
mandant, upon request, shall publicly disclose unclassified 
tapes, scientific reports, and other factual information pertinent 
to an aircraft accident investigation. 
‘‘(2) CONDITIONS.—The Commandant shall only disclose 
information requested pursuant to paragraph (1) if the Com-
mandant determines— 
‘‘(A) that such tapes, reports, or other information 
would be included within and releasable with the final 
accident investigation report; and 
‘‘(B) that release of such tapes, reports, or other 
information— 
‘‘(i) would not undermine the ability of accident 
or safety investigators to continue to conduct the inves-
tigation; and 
‘‘(ii) would not compromise national security. 
‘‘(3) RESTRICTION.—A disclosure under paragraph (1) may 
not be made by or through officials with responsibility for, 
or who are conducting, a safety investigation with respect to 
the accident. 
‘‘(c) OPINIONS REGARDING CAUSATION OF ACCIDENT.—Following 
an aircraft accident referred to in subsection (a)— 
‘‘(1) if the evidence surrounding the accident is sufficient 
for the investigators who conduct the accident investigation 
to come to an opinion as to the cause or causes of the accident, 
the final report of the accident investigation shall set forth 
the opinion of the investigators as to the cause or causes 
of the accident; and 
‘‘(2) if the evidence surrounding the accident is not suffi-
cient for the investigators to come to an opinion as to the 
cause or causes of the accident, the final report of the accident 
investigation shall include a description of those factors, if 
any, that, in the opinion of the investigators, substantially 
contributed to or caused the accident. 
‘‘(d) USE
OF
INFORMATION
IN
CIVIL
OR
CRIMINAL
PRO-
CEEDINGS.—For purposes of any civil or criminal proceeding arising 
from an aircraft accident referred to in subsection (a), any opinion 
of the accident investigators as to the cause of, or the factors 
contributing to, the accident set forth in the accident investigation 
report may not be considered as evidence in such proceeding, nor 
may such report be considered an admission of liability by the 
United States or by any person referred to in such report. 
‘‘(e) DEFINITIONS.—For purposes of this section— 
‘‘(1) the term ‘accident investigation’ means any form of 
investigation by Coast Guard personnel of an aircraft accident 
referred to in subsection (a), other than a safety investigation; 
and 
‘‘(2) the term ‘safety investigation’ means an investigation 
by Coast Guard personnel of an aircraft accident referred to 
Determination. 
Records. 
Reports. 
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126 STAT. 1555 
PUBLIC LAW 112–213—DEC. 20, 2012 
in subsection (a) that is conducted solely to determine the 
cause of the accident and to obtain information that may pre-
vent the occurrence of similar accidents.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 17 of title 
14, United States Code, as amended by this Act, is further amended 
by adding at the end the following: 
‘‘678. Aircraft accident investigations.’’. 
SEC. 215. COAST GUARD AUXILIARY ENROLLMENT ELIGIBILITY. 
(a) IN GENERAL.—Section 823 of title 14, United States Code, 
is amended to read as follows: 
‘‘§ 823. Eligibility; enrollments 
‘‘The Auxiliary shall be composed of nationals of the United 
States, as defined in section 101(a)(22) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(22)), and aliens lawfully admitted 
for permanent residence, as defined in section 101(a)(20) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(20))— 
‘‘(1) who— 
‘‘(A) are owners, sole or part, of motorboats, yachts, 
aircraft, or radio stations; or 
‘‘(B) by reason of their special training or experience 
are deemed by the Commandant to be qualified for duty 
in the Auxiliary; and 
‘‘(2) who may be enrolled therein pursuant to applicable 
regulations.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 23 of title 
14, United States Code, is amended by striking the item relating 
to section 823 and inserting the following: 
‘‘823. Eligibility; enrollments.’’. 
SEC. 216. REPEALS. 
(a) DISTRICT OMBUDSMEN.—Section 55 of title 14, United States 
Code, and the item relating to such section in the analysis for 
chapter 3 of such title, are repealed. 
(b) COOPERATION WITH RESPECT TO AIDS TO AIR NAVIGATION.— 
Section 82 of title 14, United States Code, and the item relating 
to such section in the analysis for chapter 5 of such title, are 
repealed. 
(c) OCEAN STATIONS.—Section 90 of title 14, United States 
Code, and the item relating to such section in the analysis for 
chapter 5 of such title, are repealed. 
(d) DETAIL OF MEMBERS TO ASSIST FOREIGN GOVERNMENTS.— 
Section 149(a) of title 14, United States Code, is amended by 
striking the second and third sentences. 
(e) ADVISORY COMMITTEE.—Section 193 of title 14, United 
States Code, and the item relating to such section in the analysis 
for chapter 9 of such title, are repealed. 
(f) HISTORY FELLOWSHIPS.—Section 198 of title 14, United 
States Code, and the item relating to such section in the analysis 
for chapter 9 of such title, are repealed. 
SEC. 217. TECHNICAL CORRECTIONS TO TITLE 14. 
Title 14, United States Code, as amended by this Act, is further 
amended— 
(1) by amending chapter 1 to read as follows: 
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126 STAT. 1556 
PUBLIC LAW 112–213—DEC. 20, 2012 
‘‘CHAPTER 1—ESTABLISHMENT AND DUTIES 
‘‘Sec. 
‘‘1. Establishment of Coast Guard. 
‘‘2. Primary duties. 
‘‘3. Department in which the Coast Guard operates. 
‘‘4. Secretary defined. 
‘‘§ 1. Establishment of Coast Guard 
‘‘The Coast Guard, established January 28, 1915, shall be a 
military service and a branch of the armed forces of the United 
States at all times. 
‘‘§ 2. Primary duties 
‘‘The Coast Guard shall— 
‘‘(1) enforce or assist in the enforcement of all applicable 
Federal laws on, under, and over the high seas and waters 
subject to the jurisdiction of the United States; 
‘‘(2) engage in maritime air surveillance or interdiction 
to enforce or assist in the enforcement of the laws of the 
United States; 
‘‘(3) administer laws and promulgate and enforce regula-
tions for the promotion of safety of life and property on and 
under the high seas and waters subject to the jurisdiction 
of the United States, covering all matters not specifically dele-
gated by law to some other executive department; 
‘‘(4) develop, establish, maintain, and operate, with due 
regard to the requirements of national defense, aids to maritime 
navigation, icebreaking facilities, and rescue facilities for the 
promotion of safety on, under, and over the high seas and 
waters subject to the jurisdiction of the United States; 
‘‘(5) pursuant to international agreements, develop, estab-
lish, maintain, and operate icebreaking facilities on, under, 
and over waters other than the high seas and waters subject 
to the jurisdiction of the United States; 
‘‘(6) engage in oceanographic research of the high seas 
and in waters subject to the jurisdiction of the United States; 
and 
‘‘(7) maintain a state of readiness to function as a special-
ized service in the Navy in time of war, including the fulfillment 
of Maritime Defense Zone command responsibilities. 
‘‘§ 3. Department in which the Coast Guard operates 
‘‘(a) IN GENERAL.—The Coast Guard shall be a service in the 
Department of Homeland Security, except when operating as a 
service in the Navy. 
‘‘(b) TRANSFERS.—Upon the declaration of war if Congress so 
directs in the declaration or when the President directs, the Coast 
Guard shall operate as a service in the Navy, and shall so continue 
until the President, by Executive order, transfers the Coast Guard 
back to the Department of Homeland Security. While operating 
as a service in the Navy, the Coast Guard shall be subject to 
the orders of the Secretary of the Navy, who may order changes 
in Coast Guard operations to render them uniform, to the extent 
such Secretary deems advisable, with Navy operations. 
‘‘(c) OPERATION AS A SERVICE IN THE NAVY.—Whenever the 
Coast Guard operates as a service in the Navy— 
President. 
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126 STAT. 1557 
PUBLIC LAW 112–213—DEC. 20, 2012 
‘‘(1) applicable appropriations of the Navy Department shall 
be available for the expense of the Coast Guard; 
‘‘(2) applicable appropriations of the Coast Guard shall 
be available for transfer to the Navy Department; 
‘‘(3) precedence between commissioned officers of cor-
responding grades in the Coast Guard and the Navy shall 
be determined by the date of rank stated by their commissions 
in those grades; 
‘‘(4) personnel of the Coast Guard shall be eligible to receive 
gratuities, medals, and other insignia of honor on the same 
basis as personnel in the naval service or serving in any 
capacity with the Navy; and 
‘‘(5) the Secretary may place on furlough any officer of 
the Coast Guard and officers on furlough shall receive one 
half of the pay to which they would be entitled if on leave 
of absence, but officers of the Coast Guard Reserve shall not 
be so placed on furlough. 
‘‘§ 4. Secretary defined 
‘‘In this title, the term ‘Secretary’ means the Secretary of the 
respective department in which the Coast Guard is operating.’’; 
(2) in section 95(c), by striking ‘‘of Homeland Security’’; 
(3) in section 259(c)(1), by striking ‘‘After selecting’’ and 
inserting ‘‘In selecting’’; 
(4) in section 286a(d), by striking ‘‘severance pay’’ each 
place it appears and inserting ‘‘separation pay’’; 
(5) in the second sentence of section 290(a), by striking 
‘‘in the grade of vice admiral’’ and inserting ‘‘in or above the 
grade of vice admiral’’; 
(6) in section 516(a), by striking ‘‘of Homeland Security’’; 
(7) by amending section 564 to read as follows: 
‘‘§ 564. Prohibition on use of lead systems integrators 
‘‘(a) IN GENERAL.— 
‘‘(1) USE OF LEAD SYSTEMS INTEGRATOR.—The Commandant 
may not use a private sector entity as a lead systems integrator. 
‘‘(2) FULL AND OPEN COMPETITION.—The Commandant shall 
use full and open competition for any acquisition contract unless 
otherwise excepted in accordance with Federal acquisition laws 
and regulations promulgated under those laws, including the 
Federal Acquisition Regulation. 
‘‘(3) NO EFFECT ON SMALL BUSINESS ACT.—Nothing in this 
subsection shall be construed to supersede or otherwise affect 
the authorities provided by and under the Small Business 
Act (15 U.S.C. 631 et seq.). 
‘‘(b) LIMITATION ON FINANCIAL INTEREST IN SUBCONTRACTORS.— 
Neither an entity performing lead systems integrator functions 
for a Coast Guard acquisition nor a Tier 1 subcontractor for any 
acquisition may have a financial interest in a subcontractor below 
the Tier 1 subcontractor level unless— 
‘‘(1) the subcontractor was selected by the prime contractor 
through full and open competition for such procurement; 
‘‘(2) the procurement was awarded by an entity performing 
lead systems integrator functions or a subcontractor through 
full and open competition; 
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126 STAT. 1558 
PUBLIC LAW 112–213—DEC. 20, 2012 
‘‘(3) the procurement was awarded by a subcontractor 
through a process over which the entity performing lead sys-
tems integrator functions or a Tier 1 subcontractor exercised 
no control; or 
‘‘(4) the Commandant has determined that the procurement 
was awarded in a manner consistent with Federal acquisition 
laws and regulations promulgated under those laws, including 
the Federal Acquisition Regulation.’’; 
(8) in section 569(a), by striking ‘‘and annually thereafter,’’; 
(9) in the analysis for chapter 17— 
(A) by striking the item relating to section 669 and 
inserting the following: 
‘‘669. Telephone installation and charges.’’; and 
(B) by striking the item relating to section 674 and 
inserting the following: 
‘‘674. Small boat station rescue capability.’’; 
(10) in section 666(a), by striking ‘‘of Homeland Security’’ 
and inserting ‘‘of the department in which the Coast Guard 
is operating’’; 
(11) in section 673(a)(3), by striking ‘‘of Homeland Security 
(when the Coast Guard is not operating as a service in the 
Navy)’’; 
(12) in section 674, by striking ‘‘of Homeland Security’’; 
(13) in section 675(a), by striking ‘‘Secretary’’ and all that 
follows through ‘‘may not’’ and inserting ‘‘Secretary may not’’; 
and 
(14) in the first sentence of section 740(d), by striking 
‘‘that appointment’’ and inserting ‘‘that appointment to the 
Reserve’’. 
SEC. 218. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY. 
Section 404 of the Coast Guard Authorization Act of 2010 
(Public Law 111–281; 124 Stat. 2950) is amended— 
(1) in subsection (a)(1), by striking ‘‘as shortage category 
positions;’’ and inserting ‘‘as positions for which there exists 
a shortage of candidates or there is a critical hiring need;’’; 
(2) in subsection (b)— 
(A) by striking ‘‘paragraph’’ and inserting ‘‘section’’; 
and 
(B) by striking ‘‘2012.’’ and inserting ‘‘2015.’’; and 
(3) in subsection (c), by striking ‘‘section 562(d) of title 
14, United States Code, as added by this title,’’ and inserting 
‘‘section 569a of title 14, United States Code,’’. 
SEC. 219. RENEWAL OF TEMPORARY EARLY RETIREMENT AUTHORITY. 
For fiscal years 2013 through 2018— 
(1) notwithstanding subsection (c)(2)(A) of section 4403 of 
the National Defense Authorization Act for Fiscal Year 1993 
(10 U.S.C. 1293 note), such section shall apply to the Coast 
Guard in the same manner and to the same extent it applies 
to the Department of Defense, except that— 
(A) the Secretary of Homeland Security shall imple-
ment such section with respect to the Coast Guard and, 
for purposes of that implementation, shall apply the 
applicable provisions of title 14, United States Code, 
relating to retirement of Coast Guard personnel; and 
Applicability. 
10 USC 1293 
note. 
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126 STAT. 1559 
PUBLIC LAW 112–213—DEC. 20, 2012 
(B) the total number of commissioned officers who 
retire pursuant to this section may not exceed 200, and 
the total number of enlisted members who retire pursuant 
to this section may not exceed 300; and 
(2) only appropriations available for necessary expenses 
for the operation and maintenance of the Coast Guard shall 
be expended for the retired pay of personnel who retire pursu-
ant to this section. 
SEC. 220. RESPONSE BOAT-MEDIUM PROCUREMENT. 
(a) 
REQUIREMENT
TO
FULFILL
APPROVED
PROGRAM
OF 
RECORD.—Except as provided in subsection (b), the Commandant 
of the Coast Guard shall maintain the schedule and requirements 
for the total acquisition of 180 boats as specified in the approved 
program of record for the Response Boat-Medium acquisition pro-
gram in effect on June 1, 2012. 
(b) APPLICABILITY.—Subsection (a) shall not apply on and after 
the date on which the Commandant submits to the Committee 
on Transportation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and Transportation 
of the Senate such documentation as the Coast Guard Major Sys-
tems Acquisition Manual requires to justify reducing the approved 
program of record for Response Boat-Medium to a total acquisition 
of less than 180 boats. 
SEC. 221. NATIONAL SECURITY CUTTERS. 
(a) IN GENERAL.— 
(1) MULTIYEAR AUTHORITY.—In fiscal year 2013 and each 
fiscal year thereafter, the Secretary of the department in which 
the Coast Guard is operating may enter into, in accordance 
with section 2306b of title 10, United States Code, a multiyear 
contract for the procurement of Coast Guard National Security 
Cutters and Government-furnished equipment associated with 
the National Security Cutter program. 
(2) LIMITATION.—The Secretary may not enter into a con-
tract under paragraph (1) until the date that is 30 days after 
the date the Secretary submits to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives a certification that the Secretary has made, with 
respect to the contract, each of the findings specified under 
section 2306b(a) of title 10, United States Code, and has done 
so in accordance with paragraph (3) of this subsection. 
(3) DETERMINATION
OF
SUBSTANTIAL
SAVINGS.—For pur-
poses of this section, in conducting an analysis with respect 
to substantial savings under section 2306b(a)(1) of title 10, 
United States Code, the Secretary— 
(A) may not limit the analysis to a simple percentage- 
based metric; and 
(B) shall employ a full-scale analysis of cost avoid-
ance— 
(i) based on a multiyear procurement; and 
(ii) taking into account the potential benefit any 
accrued savings might have for future shipbuilding 
programs if the cost avoidance savings were subse-
quently utilized for further ship construction. 
Analysis. 
Time period. 
Certification. 
Contracts. 
14 USC 573 note. 
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126 STAT. 1560 
PUBLIC LAW 112–213—DEC. 20, 2012 
(b) CERTIFICATE TO OPERATE.—The Commandant of the Coast 
Guard may not certify a sixth National Security Cutter as Ready 
for Operations before the Commandant has— 
(1) submitted to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representa-
tives program execution plans detailing— 
(A) how the first 3 National Security Cutters will 
achieve the goal of 225 days away from homeport in fiscal 
years following the completion of the Structural Enhance-
ment Drydock Availability of the first 2 National Security 
Cutters; and 
(B) increased aerial coverage to support National Secu-
rity Cutter operations; and 
(2) awarded a contract for detailed design and construction 
for the Offshore Patrol Cutter. 
SEC. 222. COAST GUARD POLAR ICEBREAKERS. 
(a) IN GENERAL.—The Secretary of the department in which 
the Coast Guard is operating shall conduct a business case analysis 
of the options for and costs of reactivating and extending the service 
life of the Polar Sea until at least September 30, 2022, to maintain 
United States polar icebreaking capabilities and fulfill the Coast 
Guard’s high latitude mission needs, as identified in the Coast 
Guard’s July 2010, High Latitude Study Mission Analysis Report, 
during the Coast Guard’s recapitalization of its polar class ice-
breaker fleet. The analysis shall include— 
(1) an assessment of the current condition of the Polar 
Sea; 
(2) a determination of the Polar Sea’s operational capabili-
ties with respect to fulfilling the Coast Guard’s high latitude 
operating requirements if renovated and reactivated; 
(3) a detailed estimate of costs with respect to reactivating 
and extending the service life of the Polar Sea; 
(4) a life cycle cost estimate with respect to operating 
and maintaining the Polar Sea for the duration of its extended 
service life; and 
(5) a determination of whether it is cost-effective to reac-
tivate the Polar Sea compared with other options to provide 
icebreaking services as part of a strategy to maintain polar 
icebreaking services. 
(b) RESTRICTIONS.—The Secretary shall not remove any part 
of the Polar Sea until the Secretary submits the analysis required 
under subsection (a). 
(c) DEADLINE.—Not later than 270 days after the date of enact-
ment of this Act, the Secretary shall submit to the Committee 
on Transportation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and Transportation 
of the Senate the analysis required under subsection (a). 
(d) REQUIREMENT FOR REACTIVATION OF POLAR SEA.— 
(1) SERVICE LIFE EXTENSION PLAN.— 
(A) IN GENERAL.—If the Secretary determines based 
on the analysis required under subsection (a) that it is 
cost-effective to reactivate the Polar Sea compared with 
other options to provide icebreaking services, the Secretary 
shall develop a service life extension plan for such reactiva-
tion, including a timetable for such reactivation. 
Determination. 
Analysis. 
Termination 
date. 
Contracts. 
Plans. 
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126 STAT. 1561 
PUBLIC LAW 112–213—DEC. 20, 2012 
(B) UTILIZATION
OF
EXISTING
RESOURCES.—In the 
development of the plan required under subparagraph (A), 
the Secretary shall utilize to the greatest extent practicable 
recent plans, studies, assessments, and analyses regarding 
the Coast Guard’s icebreakers and high latitude mission 
needs and operating requirements. 
(C) SUBMISSION.—The Secretary shall submit the plan 
required under subparagraph (A), if so required, to the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate not later than 
180 days after the submission of the analysis required 
under subsection (a). 
(2) DECOMMISSIONING; BRIDGING STRATEGY.—If the analysis 
required under subsection (a) is submitted in accordance with 
subsection (c) and the Secretary determines under subsection 
(a)(5) that it is not cost-effective to reactivate the Polar Sea, 
then not later than 180 days after the date on which the 
analysis is required to be submitted under subsection (c) the 
Commandant of the Coast Guard— 
(A) may decommission the Polar Sea; and 
(B) shall submit a bridging strategy for maintaining 
the Coast Guard’s polar icebreaking services until at least 
September 30, 2022, to the Committee on Transportation 
and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation 
of the Senate. 
(e) RESTRICTION.—Except as provided in subsection (d), the 
Commandant of the Coast Guard may not— 
(1) transfer, relinquish ownership of, dismantle, or recycle 
the Polar Sea or Polar Star; 
(2) change the current homeport of either of the vessels; 
or 
(3) expend any funds— 
(A) for any expenses directly or indirectly associated 
with the decommissioning of either of the vessels, including 
expenses for dock use or other goods and services; 
(B) for any personnel expenses directly or indirectly 
associated with the decommissioning of either of the ves-
sels, including expenses for a decommissioning officer; 
(C) for any expenses associated with a decommissioning 
ceremony for either of the vessels; 
(D) to appoint a decommissioning officer to be affiliated 
with either of the vessels; or 
(E) to place either of the vessels in inactive status. 
(f) DEFINITION.—For purposes of this section— 
(1) the term ‘‘Polar Sea’’ means Coast Guard Cutter Polar 
Sea (WAGB 11); and 
(2) the term ‘‘Polar Star’’ means Coast Guard Cutter Polar 
Star (WAGB 10). 
(g) REPEAL.—This section shall cease to have effect on Sep-
tember 30, 2022. 
Termination 
date. 
Termination 
date. 
Deadline. 
Deadline. 
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126 STAT. 1562 
PUBLIC LAW 112–213—DEC. 20, 2012 
TITLE III—SHIPPING AND NAVIGATION 
SEC. 301. IDENTIFICATION OF ACTIONS TO ENABLE QUALIFIED 
UNITED STATES FLAG CAPACITY TO MEET NATIONAL 
DEFENSE REQUIREMENTS. 
Section 501(b) of title 46, United States Code, is amended— 
(1) by striking ‘‘When the head’’ and inserting the following: 
‘‘(1) IN GENERAL.—When the head’’; and 
(2) by adding at the end the following: 
‘‘(2) 
DETERMINATIONS.—The 
Maritime 
Administrator 
shall— 
‘‘(A) for each determination referred to in paragraph 
(1), identify any actions that could be taken to enable 
qualified United States flag capacity to meet national 
defense requirements; 
‘‘(B) provide notice of each such determination to the 
Secretary of Transportation and the head of the agency 
referred to in paragraph (1) for which the determination 
is made; and 
‘‘(C) publish each such determination on the Internet 
Web site of the Department of Transportation not later 
than 48 hours after notice of the determination is provided 
to the Secretary of Transportation. 
‘‘(3) NOTICE TO CONGRESS.— 
‘‘(A) IN
GENERAL.—The head of an agency referred 
to in paragraph (1) shall notify the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate— 
‘‘(i) of any request for a waiver of the navigation 
or vessel-inspection laws under this section not later 
than 48 hours after receiving such a request; and 
‘‘(ii) of the issuance of any such waiver not later 
than 48 hours after such issuance. 
‘‘(B) CONTENTS.—Such head of an agency shall include 
in each notification under subparagraph (A)(ii) an expla-
nation of— 
‘‘(i) the reasons the waiver is necessary; and 
‘‘(ii) the reasons actions referred to in paragraph 
(2)(A) are not feasible.’’. 
SEC. 302. LIMITATION OF LIABILITY FOR NON-FEDERAL VESSEL 
TRAFFIC SERVICE OPERATORS. 
(a) IN GENERAL.—Section 2307 of title 46, United States Code, 
is amended— 
(1) by striking the section designation and heading and 
inserting the following: 
‘‘§ 2307. Limitation of liability for Coast Guard Vessel Traffic 
Service pilots and non-Federal vessel traffic 
service operators’’; 
(2) by striking ‘‘Any pilot’’ and inserting the following: 
‘‘(a) COAST GUARD VESSEL TRAFFIC SERVICE PILOTS.—Any 
pilot’’; and 
(3) by adding at the end the following: 
Waivers. 
Deadline. 
Web posting. 
Deadline. 
Notice. 
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126 STAT. 1563 
PUBLIC LAW 112–213—DEC. 20, 2012 
‘‘(b) NON-FEDERAL VESSEL TRAFFIC SERVICE OPERATORS.—An 
entity operating a non-Federal vessel traffic information service 
or advisory service pursuant to a duly executed written agreement 
with the Coast Guard, and any pilot acting on behalf of such 
entity, is not liable for damages caused by or related to information, 
advice, or communication assistance provided by such entity or 
pilot while so operating or acting unless the acts or omissions 
of such entity or pilot constitute gross negligence or willful mis-
conduct.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 23 of title 
46, United States Code, is amended by striking the item relating 
to section 2307 and inserting the following: 
‘‘2307. Limitation of liability for Coast Guard Vessel Traffic Service pilots and non- 
Federal vessel traffic service operators.’’. 
SEC. 303. SURVIVAL CRAFT. 
Section 3104 of title 46, United States Code, is amended— 
(1) in subsection (b) by striking ‘‘January 1, 2015’’ and 
inserting ‘‘the date that is 30 months after the date on which 
the report described in subsection (c) is submitted’’; and 
(2) by adding at the end the following: 
‘‘(c) REPORT.—Not later than 180 days after the date of enact-
ment of this subsection, the Commandant of the Coast Guard shall 
submit to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on the carriage 
of survival craft that ensures no part of an individual is immersed 
in water, which shall include— 
‘‘(1) the number of casualties, by vessel type and area 
of operation, as the result of immersion in water reported 
to the Coast Guard for each of fiscal years 1991 through 2011; 
‘‘(2) the effect the carriage of such survival craft has on— 
‘‘(A) vessel safety, including stability and safe naviga-
tion; and 
‘‘(B) survivability of individuals, including persons with 
disabilities, children, and the elderly; 
‘‘(3) the efficacy of alternative safety systems, devices, or 
measures; 
‘‘(4) the cost and cost effectiveness of requiring the carriage 
of such survival craft on vessels; and 
‘‘(5) the number of small businesses and nonprofit entities 
that would be affected by requiring the carriage of such survival 
craft on vessels.’’. 
SEC. 304. CLASSIFICATION SOCIETIES. 
Section 3316 of title 46, United States Code, is amended— 
(1) in subsection (b)(2)— 
(A) by striking ‘‘and’’ at the end of subparagraph (A); 
(B) by striking the period at the end of subparagraph 
(B) and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(C) if the Secretary of State determines that the foreign 
classification society does not provide comparable services in 
or for a state sponsor of terrorism.’’; 
(2) in subsection (d)(2)— 
(A) by striking ‘‘and’’ at the end of subparagraph (A); 
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126 STAT. 1564 
PUBLIC LAW 112–213—DEC. 20, 2012 
(B) by striking the period at the end of subparagraph 
(B) and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(C) the Secretary of State determines that the foreign 
classification society does not provide comparable services in 
or for a state sponsor of terrorism.’’; and 
(3) by adding at the end the following: 
‘‘(e) The Secretary shall revoke a delegation made to a classifica-
tion society under subsection (b) or (d) if the Secretary of State 
determines that the classification society provides comparable serv-
ices in or for a state sponsor of terrorism. 
‘‘(f) In this section, the term ‘state sponsor of terrorism’ means 
any country the government of which the Secretary of State has 
determined has repeatedly provided support for acts of international 
terrorism pursuant to section 6(j) of the Export Administration 
Act of 1979 (as continued in effect under the International Emer-
gency Economic Powers Act), section 620A of the Foreign Assistance 
Act of 1961, section 40 of the Arms Export Control Act, or any 
other provision of law.’’. 
SEC. 305. DOCKSIDE EXAMINATIONS. 
(a) IN GENERAL.—Section 4502(f) of title 46, United States 
Code, is amended— 
(1) in paragraph (1), by striking ‘‘and’’ at the end; 
(2) in paragraph (2)— 
(A) by striking ‘‘at least once every 2 years’’ and 
inserting ‘‘at least once every 5 years’’; and 
(B) by striking the period at the end and inserting 
‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(3) shall complete the first dockside examination of a 
vessel under this subsection not later than October 15, 2015.’’. 
(b) DATABASE.—Section 4502(g)(4) of title 46, United States 
Code, is amended by striking ‘‘a publicly accessible’’ and inserting 
‘‘an’’. 
(c) CERTIFICATION.—Section 4503 of title 46, United States 
Code, is amended— 
(1) in subsection (c), by striking ‘‘July 1, 2012.’’ and 
inserting ‘‘July 1, 2013.’’; 
(2) in subsection (d)— 
(A) in paragraph (1)(B), by striking ‘‘July 1, 2012;’’ 
and inserting ‘‘July 1, 2013;’’; and 
(B) in paragraph (2)— 
(i) by striking ‘‘July 1, 2012,’’ each place it appears 
and inserting ‘‘July 1, 2013,’’; and 
(ii) by striking ‘‘substantial change to the dimen-
sion of or type of vessel’’ and inserting ‘‘major conver-
sion’’; and 
(3) by adding at the end the following: 
‘‘(e) For the purposes of this section, the term ‘built’ means, 
with respect to a vessel, that the vessel’s construction has reached 
any of the following stages: 
‘‘(1) The vessel’s keel is laid. 
‘‘(2) Construction identifiable with the vessel has begun 
and assembly of that vessel has commenced comprising of at 
least 50 metric tons or one percent of the estimated mass 
of all structural material, whichever is less.’’. 
Definition. 
Deadline. 
Definition. 
Revocation. 
Determination. 
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126 STAT. 1565 
PUBLIC LAW 112–213—DEC. 20, 2012 
(d) CONFORMING AMENDMENTS.—Chapter 51 of title 46, United 
States Code, is amended— 
(1) in section 5102(b)(3), by striking ‘‘July 1, 2012.’’ and 
inserting ‘‘July 1, 2013.’’; and 
(2) in section 5103(c)— 
(A) by striking ‘‘July 1, 2012,’’ each place it appears 
and inserting ‘‘July 1, 2013,’’; and 
(B) by striking ‘‘substantial change to the dimension 
of or type of the vessel’’ and inserting ‘‘major conversion’’. 
SEC. 306. AUTHORITY TO EXTEND THE DURATION OF MEDICAL CER-
TIFICATES. 
(a) IN GENERAL.—Chapter 75 of title 46, United States Code, 
is amended by adding at the end the following: 
‘‘§ 7508. Authority to extend the duration of medical certifi-
cates 
‘‘(a) GRANTING
OF EXTENSIONS.—Notwithstanding any other 
provision of law, the Secretary may extend for not more than 
one year a medical certificate issued to an individual holding a 
license, merchant mariner’s document, or certificate of registry 
issued under chapter 71 or 73 if the Secretary determines that 
the extension is required to enable the Coast Guard to eliminate 
a backlog in processing applications for medical certificates or is 
in response to a national emergency or natural disaster. 
‘‘(b) MANNER OF EXTENSION.—An extension under this section 
may be granted to individual seamen or a specifically identified 
group of seamen.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 75 of title 
46, United States Code, is amended by adding at the end the 
following: 
‘‘7508. Authority to extend the duration of medical certificates.’’. 
SEC. 307. CLARIFICATION OF RESTRICTIONS ON AMERICAN FISHERIES 
ACT VESSELS. 
Section 12113(d)(2) of title 46, United States Code, is 
amended— 
(1) in subparagraph (B)— 
(A) by striking ‘‘that the regional’’ and inserting the 
following: ‘‘that— 
‘‘(i) the regional’’; 
(B) by striking the semicolon and inserting ‘‘; and’’; 
and 
(C) by adding at the end the following: 
‘‘(ii) in the case of a vessel listed in paragraphs 
(1) through (20) of section 208(e) of the American Fish-
eries Act (title II of division C of Public Law 105– 
277; 112 Stat. 2681–625 et seq.), the vessel is neither 
participating in nor eligible to participate in the non- 
AFA trawl catcher processor subsector (as that term 
is defined under section 219(a)(7) of the Department 
of Commerce and Related Agencies Appropriations Act, 
2005 (Public Law 108–447; 118 Stat. 2887));’’; and 
(2) by amending subparagraph (C) to read as follows: 
‘‘(C) the vessel— 
‘‘(i) is either a rebuilt vessel or replacement vessel 
under section 208(g) of the American Fisheries Act 
Determination. 
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126 STAT. 1566 
PUBLIC LAW 112–213—DEC. 20, 2012 
(title II of division C of Public Law 105–277; 112 Stat. 
2681–627); 
‘‘(ii) is eligible for a fishery endorsement under 
this section; and 
‘‘(iii) in the case of a vessel listed in paragraphs 
(1) through (20) of section 208(e) of the American Fish-
eries Act (title II of division C of Public Law 105– 
277; 112 Stat. 2681–625 et seq.), is neither partici-
pating in nor eligible to participate in the non-AFA 
trawl catcher processor subsector (as that term is 
defined under section 219(a)(7) of the Department of 
Commerce and Related Agencies Appropriations Act, 
2005 (Public Law 108–447; 118 Stat. 2887); or’’. 
SEC. 308. INVESTIGATIONS BY SECRETARY. 
(a) IN GENERAL.—Chapter 121 of title 46, United States Code, 
is amended by inserting after section 12139 the following: 
‘‘§ 12140. Investigations by Secretary 
‘‘(a) IN GENERAL.—The Secretary may conduct investigations 
and inspections regarding compliance with this chapter and regula-
tions prescribed under this chapter. 
‘‘(b) AUTHORITY TO OBTAIN EVIDENCE.— 
‘‘(1) IN GENERAL.—For the purposes of any investigation 
conducted under this section, the Secretary may issue a sub-
poena to require the attendance of a witness or the production 
of documents or other evidence relevant to the matter under 
investigation if— 
‘‘(A) before the issuance of the subpoena, the Secretary 
requests a determination by the Attorney General as to 
whether the subpoena— 
‘‘(i) is reasonable; and 
‘‘(ii) will interfere with a criminal investigation; 
and 
‘‘(B) the Attorney General— 
‘‘(i) determines that the subpoena is reasonable 
and will not interfere with a criminal investigation; 
or 
‘‘(ii) fails to make a determination with respect 
to the subpoena before the date that is 30 days after 
the date on which the Secretary makes a request under 
subparagraph (A) with respect to the subpoena. 
‘‘(2) ENFORCEMENT.—In the case of a refusal to obey a 
subpoena issued to any person under this section, the Secretary 
may invoke the aid of the appropriate district court of the 
United States to compel compliance.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 121 of 
title 46, United States Code, is amended by inserting after the 
item relating to section 12139 the following: 
‘‘12140. Investigations by Secretary.’’. 
SEC. 309. PENALTIES. 
Section 12151(a) of title 46, United States Code, is amended— 
(1) by striking ‘‘A person that violates’’ and inserting the 
following: 
‘‘(1) CIVIL PENALTIES.—Except as provided in paragraph 
(2), a person that violates’’; 
Time period. 
Determination. 
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126 STAT. 1567 
PUBLIC LAW 112–213—DEC. 20, 2012 
(2) by striking ‘‘$10,000’’ and inserting ‘‘$15,000’’; and 
(3) by adding at the end the following: 
‘‘(2) ACTIVITIES
INVOLVING
MOBILE
OFFSHORE
DRILLING 
UNITS.—A person that violates section 12111(d) or a regulation 
prescribed under that section is liable to the United States 
Government for a civil penalty in an amount that is $25,000 
or twice the charter rate of the vessel involved in the violation 
(as determined by the Secretary), whichever is greater. Each 
day of a continuing violation is a separate violation.’’. 
SEC. 310. UNITED STATES COMMITTEE ON THE MARINE TRANSPOR-
TATION SYSTEM. 
(a) IN GENERAL.—Chapter 555 of title 46, United States Code, 
is amended by adding at the end the following: 
‘‘§ 55502. United States Committee on the Marine Transpor-
tation System 
‘‘(a) ESTABLISHMENT.—There is established a United States 
Committee on the Marine Transportation System (in this section 
referred to as the ‘Committee’). 
‘‘(b) PURPOSE.—The Committee shall serve as a Federal inter-
agency coordinating committee for the purpose of— 
‘‘(1) assessing the adequacy of the marine transportation 
system (including ports, waterways, channels, and their inter-
modal connections); 
‘‘(2) promoting the integration of the marine transportation 
system with other modes of transportation and other uses of 
the marine environment; and 
‘‘(3) coordinating, improving the coordination of, and 
making recommendations with regard to Federal policies that 
impact the marine transportation system. 
‘‘(c) MEMBERSHIP.— 
‘‘(1) IN GENERAL.—The Committee shall consist of— 
‘‘(A) the Secretary of Transportation; 
‘‘(B) the Secretary of Defense; 
‘‘(C) the Secretary of Homeland Security; 
‘‘(D) the Secretary of Commerce; 
‘‘(E) the Secretary of the Treasury; 
‘‘(F) the Secretary of State; 
‘‘(G) the Secretary of the Interior; 
‘‘(H) the Secretary of Agriculture; 
‘‘(I) the Attorney General; 
‘‘(J) the Secretary of Labor; 
‘‘(K) the Secretary of Energy; 
‘‘(L) the Administrator of the Environmental Protection 
Agency; 
‘‘(M) the Chairman of the Federal Maritime Commis-
sion; 
‘‘(N) the Chairman of the Joint Chiefs of Staff; and 
‘‘(O) the head of any other Federal agency who a 
majority of the voting members of the Committee deter-
mines can further the purpose and activities of the Com-
mittee. 
‘‘(2) NONVOTING MEMBERS.—The Committee may include 
as many nonvoting members as a majority of the voting mem-
bers of the Committee determines is appropriate to further 
the purpose and activities of the Committee. 
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126 STAT. 1568 
PUBLIC LAW 112–213—DEC. 20, 2012 
‘‘(d) SUPPORT.— 
‘‘(1) COORDINATING BOARD.— 
‘‘(A) IN GENERAL.—There is hereby established, within 
the Committee, a Coordinating Board. Each member of 
the Committee may select a senior level representative 
to serve on such Board. The Board shall assist the Com-
mittee in carrying out its purpose and activities. 
‘‘(B) CHAIR.—There shall be a Chair of the Coordinating 
Board. The Chair of the Coordinating Board shall rotate 
each year among the Secretary of Transportation, the Sec-
retary of Defense, the Secretary of Homeland Security, 
and the Secretary of Commerce. The order of rotation shall 
be determined by a majority of the voting members of 
the Committee. 
‘‘(2) EXECUTIVE
DIRECTOR.—The Secretary of Transpor-
tation, in consultation with the Secretary of Defense, the Sec-
retary of Homeland Security, and the Secretary of Commerce, 
shall appoint an Executive Director of the Committee. 
‘‘(3) TRANSFERS.—Notwithstanding any other provision of 
law, the head of a Federal department or agency who is a 
member of the Committee may— 
‘‘(A) provide, on a reimbursable or nonreimbursable 
basis, facilities, equipment, services, personnel, and other 
support services to carry out the activities of the Com-
mittee; and 
‘‘(B) transfer funds to another Federal department or 
agency in order to carry out the activities of the Committee. 
‘‘(e) MARINE
TRANSPORTATION
SYSTEM
ASSESSMENT
AND 
STRATEGY.—Not later than one year after the date of enactment 
of this Act and every 5 years thereafter, the Committee shall 
provide to the Committee on Commerce, Science, and Transpor-
tation and the Committee on Environment and Public Works of 
the Senate and the Committee on Transportation and Infrastructure 
of the House of Representatives a report that includes— 
‘‘(1) steps taken to implement actions recommended in the 
document titled ‘National Strategy for the Marine Transpor-
tation System: A Framework for Action’ and dated July 2008; 
‘‘(2) an assessment of the condition of the marine transpor-
tation system; 
‘‘(3) a discussion of the challenges the marine transpor-
tation system faces in meeting user demand, including esti-
mates of investment levels required to ensure system infrastruc-
ture meets such demand; 
‘‘(4) a plan, with recommended actions, for improving the 
marine transportation system to meet current and future chal-
lenges; and 
‘‘(5) steps taken to implement actions recommended in pre-
vious reports required under this subsection. 
‘‘(f) CONSULTATION.—In carrying out its purpose and activities, 
the Committee may consult with marine transportation system- 
related advisory committees, interested parties, and the public.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 555 of 
title 46, United States Code, is amended by adding at the end 
the following: 
‘‘55502. United States Committee on the Marine Transportation System.’’. 
Deadlines. 
Reports. 
Plan. 
Appointment. 
Establishment. 
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126 STAT. 1569 
PUBLIC LAW 112–213—DEC. 20, 2012 
SEC. 311. TECHNICAL CORRECTION TO TITLE 46. 
Section 7507(a) of title 46, United States Code, is amended 
by striking ‘‘73’’ each place it appears and inserting ‘‘71’’. 
SEC. 312. DEEPWATER PORTS. 
Section 3(9)(A) of the Deepwater Port Act of 1974 (33 U.S.C. 
1502(9)(A)) is amended by inserting ‘‘or from’’ before ‘‘any State’’. 
TITLE IV—MARITIME ADMINISTRATION 
AUTHORIZATION 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Maritime Administration 
Authorization Act for Fiscal Year 2013’’. 
SEC. 402. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL SECU-
RITY ASPECTS OF THE MERCHANT MARINE FOR FISCAL 
YEAR 2013. 
Funds are hereby authorized to be appropriated for fiscal year 
2013, to be available without fiscal year limitation if so provided 
in appropriations Acts, for the use of the Department of Transpor-
tation for Maritime Administration programs associated with 
maintaining national security aspects of the merchant marine, as 
follows: 
(1) For expenses necessary for operations of the United 
States Merchant Marine Academy, $77,253,000, of which— 
(A) $67,253,000 shall remain available until expended 
for Academy operations; and 
(B) $10,000,000 shall remain available until expended 
for capital asset management at the Academy. 
(2) For expenses necessary to support the State maritime 
academies, $16,045,000, of which— 
(A) $2,400,000 shall remain available until expended 
for student incentive payments; 
(B) $2,545,000 shall remain available until expended 
for direct payments to such academies; and 
(C) $11,100,000 shall remain available until expended 
for maintenance and repair of State maritime academy 
training vessels. 
(3) For expenses necessary to dispose of vessels in the 
National Defense Reserve Fleet, $12,717,000, to remain avail-
able until expended. 
(4) For expenses to maintain and preserve a United States- 
flag merchant marine to serve the national security needs 
of the United States under chapter 531 of title 46, United 
States Code, $186,000,000. 
(5) For the cost (as defined in section 502(5) of the Federal 
Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees 
under the program authorized by chapter 537 of title 46, United 
States Code, $3,750,000, all of which shall remain available 
until expended for administrative expenses of the program. 
SEC. 403. MARITIME ENVIRONMENTAL AND TECHNICAL ASSISTANCE. 
(a) IN GENERAL.—Chapter 503 of title 46, United States Code, 
is amended by adding at the end the following: 
Maritime 
Administration 
Authorization 
Act for Fiscal 
Year 2013. 
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126 STAT. 1570 
PUBLIC LAW 112–213—DEC. 20, 2012 
‘‘§ 50307. Maritime environmental and technical assistance 
program 
‘‘(a) IN GENERAL.—The Secretary of Transportation may engage 
in the environmental study, research, development, assessment, 
and deployment of emerging marine technologies and practices 
related to the marine transportation system through the use of 
public vessels under the control of the Maritime Administration 
or private vessels under United States registry, and through part-
nerships and cooperative efforts with academic, public, private, 
and nongovernmental entities and facilities. 
‘‘(b) COMPONENTS.—Under this section, the Secretary of 
Transportation may— 
‘‘(1) identify, study, evaluate, test, demonstrate, or improve 
emerging marine technologies and practices that are likely 
to achieve environmental improvements by— 
‘‘(A) reducing air emissions, water emissions, or other 
ship discharges; 
‘‘(B) increasing fuel economy or the use of alternative 
fuels and alternative energy (including the use of shore 
power); or 
‘‘(C) controlling aquatic invasive species; and 
‘‘(2) coordinate with the Environmental Protection Agency, 
the Coast Guard, and other Federal, State, local, or tribal 
agencies, as appropriate. 
‘‘(c) COORDINATION.—Coordination under subsection (b)(2) may 
include— 
‘‘(1) activities that are associated with the development 
or approval of validation and testing regimes; and 
‘‘(2) certification or validation of emerging technologies or 
practices that demonstrate significant environmental benefits. 
‘‘(d) ASSISTANCE.—The Secretary of Transportation may accept 
gifts, or enter into cooperative agreements, contracts, or other agree-
ments with academic, public, private, and nongovernmental entities 
and facilities to carry out the activities authorized under subsection 
(a).’’. 
(b) CONFORMING AMENDMENT.—The analysis for chapter 503 
of title 46, United States Code, is amended by inserting after 
the item relating to section 50306 the following: 
‘‘50307. Maritime environmental and technical assistance program.’’. 
SEC. 404. PROPERTY FOR INSTRUCTIONAL PURPOSES. 
Section 51103(b) of title 46, United States Code, is amended— 
(1) in the subsection heading, by striking ‘‘SURPLUS’’; 
(2) by amending paragraph (1) to read as follows: 
‘‘(1) IN GENERAL.—The Secretary may cooperate with and 
assist the institutions named in paragraph (2) by making ves-
sels, fuel, shipboard equipment, and other marine equipment, 
owned by the United States Government and determined by 
the entity having custody and control of such property to be 
excess or surplus, available to those institutions for instruc-
tional purposes, by gift, loan, sale, lease, or charter on terms 
and conditions the Secretary considers appropriate. The consent 
of the Secretary of the Navy shall be obtained with respect 
to any property from National Defense Reserve Fleet vessels, 
if such vessels are either Ready Reserve Force vessels or other 
National Defense Reserve Fleet vessels determined to be of 
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126 STAT. 1571 
PUBLIC LAW 112–213—DEC. 20, 2012 
sufficient value to the Navy to warrant their further preserva-
tion and retention.’’; and 
(3) in paragraph (2)(C), by inserting ‘‘or a training institu-
tion that is an instrumentality of a State, the District of 
Columbia, a territory or possession of the United States, or 
a unit of local government thereof’’ after ‘‘a nonprofit training 
institution’’. 
SEC. 405. SHORT SEA TRANSPORTATION. 
(a) PURPOSE.—Section 55601 of title 46, United States Code, 
is amended— 
(1) in subsection (a), by striking ‘‘landside congestion.’’ and 
inserting ‘‘landside congestion or to promote short sea transpor-
tation.’’; 
(2) in subsection (c), by striking ‘‘coastal corridors’’ and 
inserting ‘‘coastal corridors or to promote short sea transpor-
tation’’; 
(3) in subsection (d), by striking ‘‘that the project may’’ 
and all that follows through the end of the subsection and 
inserting ‘‘that the project uses documented vessels and— 
‘‘(1) mitigates landside congestion; or 
‘‘(2) promotes short sea transportation.’’; and 
(4) in subsection (f), by striking ‘‘shall’’ each place it appears 
and inserting ‘‘may’’. 
(b) DOCUMENTATION.—Section 55605 is amended in the matter 
preceding paragraph (1) by striking ‘‘by vessel’’ and inserting ‘‘by 
a documented vessel’’. 
SEC. 406. LIMITATION OF NATIONAL DEFENSE RESERVE FLEET VES-
SELS TO THOSE OVER 1,500 GROSS TONS. 
Section 57101(a) of title 46, United States Code, is amended 
by inserting ‘‘of 1,500 gross tons or more or such other vessels 
as the Secretary of Transportation determines are appropriate’’ 
after ‘‘Administration’’. 
SEC. 407. TRANSFER OF VESSELS TO THE NATIONAL DEFENSE 
RESERVE FLEET. 
Section 57101 of title 46, United States Code, is amended 
by adding at the end the following: 
‘‘(c) AUTHORITY OF FEDERAL ENTITIES TO TRANSFER VESSELS.— 
All Federal entities are authorized to transfer vessels to the 
National Defense Reserve Fleet without reimbursement subject to 
the approval of the Secretary of Transportation and the Secretary 
of the Navy with respect to Ready Reserve Force vessels and the 
Secretary of Transportation with respect to all other vessels.’’. 
SEC. 408. CLARIFICATION OF HEADING. 
(a) IN GENERAL.—The section designation and heading for sec-
tion 57103 of title 46, United States Code, is amended to read 
as follows: 
‘‘§ 57103. Donation of nonretention vessels in the National 
Defense Reserve Fleet’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 571 of 
title 46, United States Code, is amended by striking the item 
relating to section 57103 and inserting the following: 
‘‘57103. Donation of nonretention vessels in the National Defense Reserve Fleet.’’. 
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126 STAT. 1572 
PUBLIC LAW 112–213—DEC. 20, 2012 
SEC. 409. MISSION OF THE MARITIME ADMINISTRATION. 
Section 109(a) of title 49, United States Code, is amended— 
(1) in the subsection heading by striking ‘‘ORGANIZATION’’ 
and inserting ‘‘ORGANIZATION AND MISSION’’; and 
(2) by adding at the end the following: ‘‘The mission of 
the Maritime Administration is to foster, promote, and develop 
the merchant maritime industry of the United States.’’. 
SEC. 410. AMENDMENTS RELATING TO THE NATIONAL DEFENSE 
RESERVE FLEET. 
Subparagraphs (B), (C), and (D) of section 11(c)(1) of the Mer-
chant Ship Sales Act of 1946 (50 U.S.C. App. 1744(c)(1)) are 
amended to read as follows: 
‘‘(B) activate and conduct sea trials on each vessel 
at a frequency that is considered by the Secretary to be 
necessary; 
‘‘(C) maintain and adequately crew, as necessary, in 
an enhanced readiness status those vessels that are sched-
uled to be activated in 5 or less days; 
‘‘(D) locate those vessels that are scheduled to be acti-
vated near embarkation ports specified for those vessels; 
and’’. 
SEC. 411. REQUIREMENT FOR BARGE DESIGN. 
Not later than 270 days after the date of enactment of this 
Act, the Administrator of the Maritime Administration shall com-
plete the design for a containerized, articulated barge, as identified 
in the dual-use vessel study carried out by the Administrator and 
the Secretary of Defense, that is able to utilize roll-on/roll-off or 
load-on/load-off technology in marine highway maritime commerce. 
SEC. 412. CONTAINER-ON-BARGE TRANSPORTATION. 
(a) ASSESSMENT.—The Administrator of the Maritime Adminis-
tration shall assess the potential for using container-on-barge 
transportation in short sea transportation (as such term is defined 
in section 55605 of title 46, United States Code). 
(b) FACTORS.—In conducting the assessment under subsection 
(a), the Administrator shall consider— 
(1) the environmental benefits of increasing container-on- 
barge movements in short sea transportation; 
(2) the regional differences in the use of short sea transpor-
tation; 
(3) the existing programs established at coastal and Great 
Lakes ports for establishing awareness of deep sea shipping 
operations; 
(4) the mechanisms necessary to ensure that implementa-
tion of a plan under subsection (c) will not be inconsistent 
with antitrust laws; and 
(5) the potential frequency of container-on-barge service 
at short sea transportation ports. 
(c) RECOMMENDATIONS.—The assessment under subsection (a) 
may include recommendations for a plan to increase awareness 
of the potential for use of container-on-barge transportation. 
(d) DEADLINE.—Not later than 180 days after the date of enact-
ment of this Act, the Administrator shall submit the assessment 
required under this section to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representatives. 
Deadline. 
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126 STAT. 1573 
PUBLIC LAW 112–213—DEC. 20, 2012 
SEC. 413. DEPARTMENT OF DEFENSE NATIONAL STRATEGIC PORTS 
STUDY 
AND 
COMPTROLLER 
GENERAL 
STUDIES 
AND 
REPORTS ON STRATEGIC PORTS. 
(a) SENSE OF CONGRESS ON COMPLETION OF DOD REPORT.— 
It is the sense of Congress that the Secretary of Defense should 
expedite completion of the study of strategic ports in the United 
States called for in the conference report to accompany the National 
Defense Authorization Act for Fiscal Year 2012 (Conference Report 
112–329) so that it can be submitted to Congress before July 1, 
2013. 
(b) SUBMISSION
OF REPORT
TO COMPTROLLER GENERAL.—In 
addition to submitting the report referred to in subsection (a) to 
Congress, the Secretary of Defense shall submit the report to the 
Comptroller General of the United States for consideration under 
subsection (c). 
(c) COMPTROLLER GENERAL STUDIES AND REPORTS ON STRA-
TEGIC PORTS.— 
(1) COMPTROLLER
GENERAL
REVIEW.—Not later than 90 
days after receipt of the report referred to in subsection (a), 
the Comptroller General shall conduct an assessment of the 
report and submit to the Committee on Armed Services of 
the House of Representatives and the Committee on Armed 
Services of the Senate a report of such assessment. 
(2) COMPTROLLER GENERAL STUDY AND REPORT.—Not later 
than 270 days after the date of enactment of this Act, the 
Comptroller General shall conduct a study of the Department 
of Defense’s programs and efforts related to the state of stra-
tegic ports with respect to the Department’s operational and 
readiness requirements, and report to the Committee on Armed 
Services of the House of Representatives and the Committee 
on Armed Services of the Senate on the findings of such study. 
The report may include an assessment of— 
(A) the extent to which the facilities at strategic ports 
meet the Department of Defense’s requirements; 
(B) the extent to which the Department has identified 
gaps in the ability of existing strategic ports to meet its 
needs and identified and undertaken efforts to address 
any gaps; and 
(C) the Department’s ability to oversee, coordinate, 
and provide security for military deployments through stra-
tegic ports. 
(d) STRATEGIC PORT DEFINED.—In this section, the term ‘‘stra-
tegic port’’ means a United States port designated by the Secretary 
of Defense as a significant transportation hub important to the 
readiness and cargo throughput capacity of the Department of 
Defense. 
SEC. 414. MARITIME WORKFORCE STUDY. 
(a) TRAINING STUDY.—The Comptroller General of the United 
States shall conduct a study on the training needs of the maritime 
workforce. 
(b) STUDY COMPONENTS.—The study shall— 
(1) analyze the impact of maritime training requirements 
imposed by domestic and international regulations and conven-
tions, companies, and government agencies that charter or 
operate vessels; 
Assessment. 
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126 STAT. 1574 
PUBLIC LAW 112–213—DEC. 20, 2012 
(2) evaluate the ability of the United States maritime 
training infrastructure to meet the needs of the maritime 
industry; 
(3) identify trends in maritime training; 
(4) compare the training needs of United States mariners 
with the vocational training and educational assistance pro-
grams available from Federal agencies to evaluate the ability 
of Federal programs to meet the training needs of United 
States mariners; 
(5) include recommendations to enhance the capabilities 
of the United States maritime training infrastructure; and 
(6) include recommendations to assist United States mari-
ners and those entering the maritime profession to achieve 
the required training. 
(c) FINAL REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Comptroller General shall submit a 
report on the results of the study to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives. 
SEC. 415. MARITIME ADMINISTRATION VESSEL RECYCLING CONTRACT 
AWARD PRACTICES. 
(a) ASSESSMENT.—The Comptroller General of the United States 
shall conduct an assessment of the source selection procedures 
and practices used to award the Maritime Administration’s National 
Defense Reserve Fleet vessel recycling contracts. 
(b) CONTENTS.—The assessment under subsection (a) shall 
include a review of— 
(1) whether the Maritime Administration’s contract source 
selection procedures and practices are consistent with law, 
including the Federal Acquisition Regulation, and Federal best 
practices associated with making source selection decisions; 
(2) the process, procedures, and practices used for the Mari-
time Administration’s qualification of vessel recycling facilities; 
and 
(3) any other aspect of the Maritime Administration’s vessel 
recycling process that the Comptroller General deems appro-
priate to review. 
(c) FINDINGS.—Not later than one year after the date of enact-
ment of this Act, the Comptroller General shall report the findings 
of the assessment under subsection (a) to the Committee on Com-
merce, Science, and Transportation and the Committee on Armed 
Services of the Senate and the Committee on Transportation and 
Infrastructure and the Committee on Armed Services of the House 
of Representatives. 
TITLE V—PIRACY 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Piracy Suppression Act of 2012’’. 
SEC. 502. TRAINING FOR USE OF FORCE AGAINST PIRACY. 
(a) IN GENERAL.—Chapter 517 of title 46, United States Code, 
is amended by adding at the end the following: 
46 USC 101 note. 
Piracy 
Suppression Act 
of 2012. 
Deadline. 
Reports. 
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126 STAT. 1575 
PUBLIC LAW 112–213—DEC. 20, 2012 
‘‘§ 51705. Training for use of force against piracy 
‘‘The Secretary of Transportation, in consultation with the Sec-
retary of Defense and the Secretary of the department in which 
the Coast Guard is operating, shall certify a training curriculum 
for United States mariners on the use of force against pirates. 
The curriculum shall include— 
‘‘(1) information on waters designated as high-risk waters 
by the Commandant of the Coast Guard; 
‘‘(2) information on current threats and patterns of attack 
by pirates; 
‘‘(3) tactics for defense of a vessel, including instruction 
on the types, use, and limitations of security equipment; 
‘‘(4) standard rules for the use of force for self-defense 
as developed by the Secretary of the department in which 
the Coast Guard is operating under section 912(c) of the Coast 
Guard Authorization Act of 2010 (Public Law 111–281; 46 
U.S.C. 8107 note), including instruction on firearm safety for 
crewmembers of vessels carrying cargo under section 55305 
of this title; and 
‘‘(5) procedures to follow to improve crewmember surviv-
ability if captured and taken hostage by pirates.’’. 
(b) DEADLINE.—The Secretary of Transportation shall certify 
the curriculum required under the amendment made by subsection 
(a) not later than 270 days after the date of enactment of this 
Act. 
(c) CLERICAL AMENDMENT.—The analysis for chapter 517 of 
title 46, United States Code, is amended by adding at the end 
the following: 
‘‘51705. Training program for use of force against piracy.’’. 
SEC. 503. SECURITY OF GOVERNMENT-IMPELLED CARGO. 
Section 55305 of title 46, United States Code, is amended 
by adding at the end the following: 
‘‘(e) SECURITY OF GOVERNMENT-IMPELLED CARGO.— 
‘‘(1) In order to ensure the safety of vessels and crew-
members transporting equipment, materials, or commodities 
under this section, the Secretary of Transportation shall direct 
each department or agency (except the Department of Defense), 
when responsible for the carriage of such equipment, materials, 
or commodities, to provide armed personnel aboard vessels 
of the United States carrying such equipment, materials, or 
commodities if the vessels are transiting high-risk waters. 
‘‘(2) The Secretary of Transportation shall direct each 
department or agency responsible to provide armed personnel 
under paragraph (1) to reimburse, subject to the availability 
of appropriations, the owners or operators of applicable vessels 
for the cost of providing armed personnel. 
‘‘(3) In this subsection, the term ‘high-risk waters’ means 
waters so designated by the Commandant of the Coast Guard 
in the Port Security Advisory in effect on the date on which 
an applicable voyage begins.’’. 
SEC. 504. ACTIONS TAKEN TO PROTECT FOREIGN-FLAGGED VESSELS 
FROM PIRACY. 
Not later than 180 days after the date of enactment of this 
Act, the Secretary of Defense, in consultation with the Secretary 
of the department in which the Coast Guard is operating, shall 
Deadline. 
Reports. 
Definition. 
46 USC 51705 
note. 
Certification. 
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126 STAT. 1576 
PUBLIC LAW 112–213—DEC. 20, 2012 
provide to the Committee on Armed Services and the Committee 
on Transportation and Infrastructure of the House of Representa-
tives and the Committee on Armed Services and the Committee 
on Commerce, Science, and Transportation of the Senate a report 
on actions taken by the Secretary of Defense to protect foreign- 
flagged vessels from acts of piracy on the high seas. The report 
shall include— 
(1) the total number of incidents for each of the fiscal 
years 2009 through 2012 in which a member of the armed 
services or an asset under the control of the Secretary of 
Defense was used to interdict or defend against an act of 
piracy directed against any vessel not documented under the 
laws of the United States; and 
(2) the estimated cost for each of the fiscal years 2009 
through 2012 for such incidents. 
TITLE VI—MARINE DEBRIS 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Marine Debris Act Amendments 
of 2012’’. 
SEC. 602. SHORT TITLE AMENDMENT; REFERENCES. 
(a) SHORT TITLE AMENDMENT.—Section 1 of the Marine Debris 
Research, Prevention, and Reduction Act (33 U.S.C. 1951 note) 
is amended by striking ‘‘Research, Prevention, and Reduction’’. 
(b) REFERENCES.—Except as otherwise expressly provided, 
whenever in this title an amendment is expressed as an amendment 
to a section or other provision, the reference shall be considered 
to be made to a section or other provision of the Marine Debris 
Act (33 U.S.C. 1951 et seq.), as so retitled by subsection (a) of 
this section. 
SEC. 603. PURPOSE. 
Section 2 (33 U.S.C. 1951) is amended to read as follows: 
‘‘SEC. 2. PURPOSE. 
‘‘The purpose of this Act is to address the adverse impacts 
of marine debris on the United States economy, the marine environ-
ment, and navigation safety through the identification, determina-
tion of sources, assessment, prevention, reduction, and removal 
of marine debris.’’. 
SEC. 604. NOAA MARINE DEBRIS PROGRAM. 
(a) NAME
OF
PROGRAM.—Section 3 (33 U.S.C. 1952) is 
amended— 
(1) in the section heading by striking ‘‘PREVENTION AND 
REMOVAL’’; and 
(2) in subsection (a)— 
(A) by striking ‘‘Prevention and Removal Program to 
reduce and prevent the occurrence and’’ and inserting ‘‘Pro-
gram to identify, determine sources of, assess, prevent, 
reduce, and remove marine debris and address the’’; 
(B) by inserting ‘‘the economy of the United States,’’ 
after ‘‘marine debris on’’; and 
(C) by inserting a comma after ‘‘environment’’. 
Marine Debris 
Act Amendments 
of 2012. 
33 USC 1951 
note. 
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126 STAT. 1577 
PUBLIC LAW 112–213—DEC. 20, 2012 
(b) PROGRAM COMPONENTS.—Section 3(b) (33 U.S.C. 1952(b)) 
is amended to read as follows: 
‘‘(b) 
PROGRAM
COMPONENTS.—The 
Administrator, 
acting 
through the Program and subject to the availability of appropria-
tions, shall— 
‘‘(1) identify, determine sources of, assess, prevent, reduce, 
and remove marine debris, with a focus on marine debris posing 
a threat to living marine resources and navigation safety; 
‘‘(2) provide national and regional coordination to assist 
States, Indian tribes, and regional organizations in the identi-
fication, determination of sources, assessment, prevention, 
reduction, and removal of marine debris; 
‘‘(3) undertake efforts to reduce the adverse impacts of 
lost and discarded fishing gear on living marine resources and 
navigation safety, including— 
‘‘(A) research and development of alternatives to gear 
posing threats to the marine environment and methods 
for marking gear used in certain fisheries to enhance the 
tracking, recovery, and identification of lost and discarded 
gear; and 
‘‘(B) the development of effective nonregulatory meas-
ures and incentives to cooperatively reduce the volume 
of lost and discarded fishing gear and to aid in gear 
recovery; 
‘‘(4) undertake outreach and education activities for the 
public and other stakeholders on sources of marine debris, 
threats associated with marine debris, and approaches to identi-
fying, determining sources of, assessing, preventing, reducing, 
and removing marine debris and its adverse impacts on the 
United States economy, the marine environment, and naviga-
tion safety, including outreach and education activities through 
public-private initiatives; and 
‘‘(5) develop, in consultation with the Interagency Com-
mittee, interagency plans for the timely response to events 
determined by the Administrator to be severe marine debris 
events, including plans to— 
‘‘(A) coordinate across agencies and with relevant State, 
tribal, and local governments to ensure adequate, timely, 
and efficient response; 
‘‘(B) assess the composition, volume, and trajectory 
of marine debris associated with a severe marine debris 
event; and 
‘‘(C) estimate the potential impacts of a severe marine 
debris event, including economic impacts on human health, 
navigation safety, natural resources, tourism, and livestock, 
including aquaculture.’’. 
(c) GRANT CRITERIA AND GUIDELINES.—Section 3(c) (33 U.S.C. 
1952(c)) is amended— 
(1) in paragraph (1), by striking ‘‘section 2(1)’’ and inserting 
‘‘section 2’’; 
(2) by striking paragraph (5); and 
(3) by redesignating paragraphs (6) and (7) as paragraphs 
(5) and (6), respectively. 
(d) REPEAL.—Section 2204 of the Marine Plastic Pollution 
Research and Control Act of 1987 (33 U.S.C. 1915), and the item 
relating to that section in the table of contents contained in section 
Plans. 
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126 STAT. 1578 
PUBLIC LAW 112–213—DEC. 20, 2012 
2 of the United States-Japan Fishery Agreement Approval Act 
of 1987, are repealed. 
SEC. 605. REPEAL OF OBSOLETE PROVISIONS. 
Section 4 (33 U.S.C. 1953) is amended— 
(1) by striking ‘‘(a) STRATEGY.—’’; and 
(2) by striking subsections (b) and (c). 
SEC. 606. COORDINATION. 
(a) INTERAGENCY MARINE DEBRIS COORDINATING COMMITTEE.— 
(1) IN GENERAL.—Section 2203 of the Marine Plastic Pollu-
tion Research and Control Act of 1987 (33 U.S.C. 1914) is 
redesignated and moved to replace and appear as section 5 
of the Marine Debris Act (33 U.S.C. 1954), as so retitled by 
section 602(a) of this title. 
(2) CONFORMING
AMENDMENT.—Section 5 of the Marine 
Debris Act (33 U.S.C. 1954), as amended by paragraph (1) 
of this subsection, is further amended in subsection (d)(2)— 
(A) by striking ‘‘this Act’’ and inserting ‘‘the Marine 
Plastic Pollution Research and Control Act of 1987’’; and 
(B) by inserting ‘‘of the Marine Plastic Pollution 
Research and Control Act of 1987’’ after ‘‘section 2201’’. 
(3) CLERICAL AMENDMENT.—The item relating to section 
2203 in the table of contents contained in section 2 of the 
United States-Japan Fishery Agreement Approval Act of 1987 
is repealed. 
(b) BIENNIAL PROGRESS REPORTS.—Section 5(c)(2) of the Marine 
Debris Research, Prevention, and Reduction Act (33 U.S.C. 
1954(c)(2)), as in effect immediately before the enactment of this 
Act— 
(1) is redesignated and moved to appear as subsection 
(e) at the end of section 5 of the Marine Debris Act, as amended 
by subsection (a) of this section; and 
(2) is amended— 
(A) by striking ‘‘ANNUAL PROGRESS REPORTS.—’’ and 
all that follows through ‘‘thereafter’’ and inserting 
‘‘BIENNIAL PROGRESS REPORTS.—Biennially’’; 
(B) by striking ‘‘Interagency’’ each place it appears; 
(C) by striking ‘‘chairperson’’ and inserting ‘‘Chair-
person’’; 
(D) by inserting ‘‘Natural’’ before ‘‘Resources’’; 
(E) by redesignating subparagraphs (A) through (E) 
as paragraphs (1) through (5), respectively; and 
(F) by moving all text 2 ems to the left. 
SEC. 607. CONFIDENTIALITY OF SUBMITTED INFORMATION. 
Section 6(2) (33 U.S.C. 1955(2)) is amended by striking ‘‘by 
the fishing industry’’. 
SEC. 608. DEFINITIONS. 
Section 7 (33 U.S.C. 1956) is amended— 
(1) in paragraph (2), by striking ‘‘2203 of the Marine Plastic 
Pollution Research and Control Act of 1987 (33 U.S.C. 1914)’’ 
and inserting ‘‘5 of this Act’’; 
(2) by striking paragraph (3) and inserting the following: 
‘‘(3) MARINE DEBRIS.—The term ‘marine debris’ means any 
persistent solid material that is manufactured or processed 
Repeal. 
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126 STAT. 1579 
PUBLIC LAW 112–213—DEC. 20, 2012 
and directly or indirectly, intentionally or unintentionally, dis-
posed of or abandoned into the marine environment or the 
Great Lakes.’’; 
(3) by striking paragraph (5); 
(4) by redesignating paragraph (7) as paragraph (5); 
(5) in paragraph (5), as redesignated by paragraph (4) 
of this section, by striking ‘‘Prevention and Removal’’; 
(6) by striking paragraph (6) and inserting the following: 
‘‘(6) SEVERE
MARINE
DEBRIS
EVENT.—The term ‘severe 
marine debris event’ means atypically large amounts of marine 
debris caused by a natural disaster, including a tsunami, flood, 
landslide, or hurricane, or other source.’’; and 
(7) by redesignating paragraph (8) as paragraph (7). 
SEC. 609. SEVERE MARINE DEBRIS EVENT DETERMINATION. 
(a) IN GENERAL.—The Administrator of the National Oceanic 
and Atmospheric Administration shall determine whether the 
March 2011, Tohoku earthquake and subsequent tsunami and the 
October 2012, hurricane Sandy each caused a severe marine debris 
event (as that term is defined in section 7(6) of the Marine Debris 
Act (33 U.S.C. 1956(6)), as amended by this Act). 
(b) DEADLINE.—Not later than 30 days after the date of enact-
ment of this Act, the Administrator shall provide the determination 
required under subsection (a) to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure and the Committee on Natural 
Resources of the House of Representatives. 
TITLE VII—MISCELLANEOUS 
SEC. 701. DISTANT WATER TUNA FLEET. 
Section 421 of the Coast Guard and Maritime Transportation 
Act of 2006 (Public Law 109–241; 120 Stat. 547) is amended— 
(1) by striking subsection (b) and inserting the following: 
‘‘(b) LICENSING RESTRICTIONS.— 
‘‘(1) IN GENERAL.—Subsection (a) only applies to a foreign 
citizen who holds a credential that is equivalent to the creden-
tial issued by the Coast Guard to a United States citizen 
for the position, with respect to requirements for experience, 
training, and other qualifications. 
‘‘(2) TREATMENT OF CREDENTIAL.—An equivalent credential 
under paragraph (1) shall be considered as meeting the require-
ments of section 8304 of title 46, United States Code, but 
only while a person holding the credential is in the service 
of the vessel to which this section applies.’’; 
(2) in subsection (c) by inserting ‘‘or Guam’’ before the 
period at the end; and 
(3) in subsection (d) by striking ‘‘on December 31, 2012’’ 
and inserting ‘‘on the date the Treaty on Fisheries Between 
the Governments of Certain Pacific Island States and the 
Government of the United States of America ceases to have 
effect for any party under Article 12.6 or 12.7 of such treaty, 
as in effect on the date of enactment of the Coast Guard 
and Maritime Transportation Act of 2012’’. 
Applicability. 
46 USC 8103 
note. 
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126 STAT. 1580 
PUBLIC LAW 112–213—DEC. 20, 2012 
SEC. 702. TECHNICAL CORRECTIONS. 
(a) STUDY
OF BRIDGES.—Section 905 of the Coast Guard 
Authorization Act of 2010 (Public Law 111–281; 33 U.S.C. 494a) 
is amended to read as follows: 
‘‘SEC. 905. STUDY OF BRIDGES OVER NAVIGABLE WATERS. 
‘‘The Commandant of the Coast Guard shall submit to the 
Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the 
House of Representatives a comprehensive study on the construction 
or alteration of any bridge, drawbridge, or causeway over the navi-
gable waters of the United States with a channel depth of 25 
feet or greater that may impede or obstruct future navigation 
to or from port facilities and for which a permit under the Act 
of March 23, 1906 (33 U.S.C. 491 et seq.), popularly known as 
the Bridge Act of 1906, was requested during the period beginning 
on January 1, 2006, and ending on August 3, 2011.’’. 
(b) WAIVER.—Section 7(c) of the America’s Cup Act of 2011 
(125 Stat. 755) is amended by inserting ‘‘located in Ketchikan, 
Alaska’’ after ‘‘moorage’’. 
SEC. 703. EXTENSION OF MORATORIUM. 
Section 2(a) of Public Law 110–299 (33 U.S.C. 1342 note) is 
amended by striking ‘‘2013’’ and inserting ‘‘2014’’. 
SEC. 704. NOTICE OF ARRIVAL. 
The regulations required under section 109(a) of the Security 
and Accountability For Every Port Act of 2006 (33 U.S.C. 1223 
note) dealing with notice of arrival requirements for foreign vessels 
on the Outer Continental Shelf shall not apply to a vessel docu-
mented under section 12105 of title 46, United States Code, unless 
the vessel arrives from a foreign port or place. 
SEC. 705. WAIVERS. 
(a) TEXAS STAR CASINO.— 
(1) IN GENERAL.—Notwithstanding section 12113(a)(4) of 
title 46, United States Code, the Secretary of the department 
in which the Coast Guard is operating may issue a certificate 
of documentation with a fishery endorsement for the Texas 
Star Casino (IMO number 7722047). 
(2) RESTRICTION.—Notwithstanding section 12113(b)(1) of 
title 46, United States Code, a fishery endorsement issued 
under paragraph (1) is not valid for any fishery for which 
a fishery management plan has been approved by the Secretary 
of Commerce pursuant to section 304 of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1854) 
before the date of enactment of this Act. 
(b) RANGER III.—Section 3703a of title 46, United States Code, 
does not apply to the passenger vessel Ranger III (United States 
official number 277361), during any period that the vessel is owned 
and operated by the National Park Service. 
SEC. 706. NATIONAL RESPONSE CENTER NOTIFICATION REQUIRE-
MENTS. 
The Ohio River Valley Water Sanitation Commission, estab-
lished pursuant to the Ohio River Valley Water Sanitation Compact 
consented to and approved by Congress in the Act of July 11, 
1940 (54 Stat. 752), is deemed a Government agency for purposes 
Time period. 
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126 STAT. 1581 
PUBLIC LAW 112–213—DEC. 20, 2012 
of the notification requirements of section 103 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9603). The National Response Center shall convey 
notification, including complete and unredacted incident reports, 
expeditiously to the Commission regarding each release in or 
affecting the Ohio River Basin for which notification to all appro-
priate Government agencies is required. 
SEC. 707. VESSEL DETERMINATIONS. 
The vessel with United States official number 981472 and 
the vessel with United States official number 988333 shall each 
be deemed to be a new vessel effective on the date of delivery 
after January 1, 2008, from a privately owned United States ship-
yard if no encumbrances are on record with the Coast Guard at 
the time of the issuance of the new vessel certificate of documenta-
tion for each vessel. 
SEC. 708. MILLE LACS LAKE, MINNESOTA. 
The waters of Mille Lacs Lake, Minnesota, are not waters 
subject to the jurisdiction of the United States for the purposes 
of section 2 of title 14, United States Code. 
SEC. 709. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL 
PROCESS REFORM. 
Not later than 270 days after the date of enactment of this 
Act, the Secretary of Homeland Security shall reform the process 
for Transportation Worker Identification Credential enrollment, 
activation, issuance, and renewal to require, in total, not more 
than one in-person visit to a designated enrollment center except 
in cases in which there are extenuating circumstances, as deter-
mined by the Secretary, requiring more than one such in-person 
visit. 
SEC. 710. INVESTMENT AMOUNT. 
Not later than 30 days after the date of enactment of this 
Act, the Secretary of the Treasury shall increase the $22,500,000 
invested in income-producing securities for purposes of section 
5006(b) of the Oil Pollution Act of 1990 (33 U.S.C. 2736(b)) by 
$12,851,340. 
SEC. 711. INTEGRATED CROSS-BORDER MARITIME LAW ENFORCEMENT 
OPERATIONS BETWEEN THE UNITED STATES AND CANADA. 
(a) AUTHORIZATION.—The Secretary of Homeland Security, 
acting through the Commandant of the Coast Guard, may establish 
an Integrated Cross-Border Maritime Law Enforcement Operations 
Program to coordinate the maritime security operations of the 
United States and Canada (in this section referred to as the ‘‘Pro-
gram’’). 
(b) PURPOSE.—The Secretary, acting through the Commandant, 
shall administer the Program in a manner that results in a coopera-
tive approach between the United States and Canada to strengthen 
border security and detect, prevent, suppress, investigate, and 
respond to terrorism and violations of law related to border security. 
(c) TRAINING.—The Secretary, acting through the Commandant 
and in consultation with the Secretary of State, may— 
(1) establish, as an element of the Program, a training 
program for individuals who will serve as maritime law enforce-
ment officers; and 
46 USC 70101 
note. 
Deadline. 
Deadline. 
46 USC 70105 
note. 
Effective date. 
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126 STAT. 1582 
PUBLIC LAW 112–213—DEC. 20, 2012 
(2) conduct training jointly with Canada to enhance border 
security, including training— 
(A) on the detection and apprehension of suspected 
terrorists and individuals attempting to unlawfully cross 
or unlawfully use the international maritime border 
between the United States and Canada; 
(B) on the integration, analysis, and dissemination of 
port security information by and between the United States 
and Canada; 
(C) on policy, regulatory, and legal considerations 
related to the Program; 
(D) on the use of force in maritime security; 
(E) on operational procedures and protection of sen-
sitive information; and 
(F) on preparedness and response to maritime terrorist 
incidents. 
(d) COORDINATION.—The Secretary, acting through the Com-
mandant, shall coordinate the Program with other similar border 
security and antiterrorism programs within the Department of 
Homeland Security. 
(e) MEMORANDA OF AGREEMENT.—The Secretary may enter into 
any memorandum of agreement necessary to carry out the Program. 
SEC. 712. BRIDGE PERMITS. 
(a) IN GENERAL.—For the purposes of reviewing a permit 
application pursuant to section 9 of the Act of March 3, 1899, 
popularly known as the Rivers and Harbors Appropriation Act 
of 1899 (33 U.S.C. 401), the Act of March 23, 1906, popularly 
known as the Bridge Act of 1906 (33 U.S.C. 491 et seq.), the 
Act of June 21, 1940, popularly known as the Truman-Hobbs Act 
(33 U.S.C. 511 et seq.), or the General Bridge Act of 1946 (33 
U.S.C. 525 et seq.), the Secretary of the department in which 
the Coast Guard is operating may— 
(1) accept voluntary services from one or more owners 
of a bridge; and 
(2) accept and credit to Coast Guard operating expenses 
any amounts received from one or more owners of a bridge. 
(b) EXPEDITED PROCESS.—The Secretary of the department in 
which the Coast Guard is operating shall complete, on an expedi-
tious basis and using the shortest existing applicable process, deter-
minations on any required approval for issuance of any permits 
under the jurisdiction of such department related to the construction 
or alteration of a bridge over the Kill Van Kull consistent with 
Executive Order No. 13604 (March 22, 2012) and the Administra-
tion’s objectives for the project. 
SEC. 713. TONNAGE OF AQUEOS ACADIAN. 
The Secretary of the department in which the Coast Guard 
is operating may consider the tonnage measurements for the vessel 
Aqueos Acadian (United States official number 553645) recorded 
on the certificate of inspection for the vessel issued on September 
8, 2011, to be valid until May 2, 2014, if the vessel and the 
use of its space is not changed after November 16, 2012, in a 
way that substantially affects the tonnage of the vessel. 
SEC. 714. NAVIGABILITY DETERMINATION. 
(a) IN GENERAL.—Not later than 180 days after the date of 
enactment of this Act, the Commandant of the Coast Guard shall 
Deadline. 
Assessment. 
Termination 
date. 
Determinations. 
33 USC 491 note 
prec. 
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126 STAT. 1583 
PUBLIC LAW 112–213—DEC. 20, 2012 
submit to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate an assessment of the 
impact of additional regulatory requirements imposed on passenger 
vessels operating on the Ringo Cocke Canal in Louisiana as a 
result of the covered navigability determination. 
(b) RESTRICTION.—Before the date that is 180 days after the 
date on which the assessment required under subsection (a) is 
submitted, the Commandant may not enforce any regulatory 
requirements imposed on passenger vessels operating on the Ringo 
Cocke Canal in Louisiana that are a result of the covered naviga-
bility determination. 
(c) COVERED NAVIGABILITY DETERMINATION DEFINED.—In this 
section, the term ‘‘covered navigability determination’’ means the 
Coast Guard’s Navigability Determination for Ringo Cocke Canal, 
Louisiana, dated March 25, 2010. 
SEC. 715. COAST GUARD HOUSING. 
Not later than 30 days after the date of enactment of this 
Act, the Commandant of the Coast Guard shall submit to the 
Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the 
House of Representatives the Coast Guard’s National Housing 
Assessment and any analysis conducted by the Coast Guard of 
such assessment. 
SEC. 716. ASSESSMENT OF NEEDS FOR ADDITIONAL COAST GUARD 
PRESENCE IN HIGH-LATITUDE REGIONS. 
Not later than 180 days after the date of enactment of this 
Act, the Secretary of the department in which the Coast Guard 
is operating shall submit to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representatives an assess-
ment of the need for additional Coast Guard prevention and 
response capability in the high-latitude regions. The assessment 
shall address needs for all Coast Guard mission areas, including 
search and rescue, marine pollution response and prevention, fish-
eries enforcement, and maritime commerce. The Secretary shall 
include in the assessment— 
(1) an analysis of the high-latitude operating capabilities 
of all current Coast Guard assets other than icebreakers, 
including assets acquired under the Deepwater program; 
(2) an analysis of projected needs for Coast Guard oper-
ations in the high-latitude regions; and 
(3) an analysis of shore infrastructure, personnel, logistics, 
communications, and resources requirements to support Coast 
Guard operations in the high-latitude regions, including for-
ward operating bases and existing infrastructure in the furthest 
north locations that are ice free, or nearly ice free, year round. 
SEC. 717. POTENTIAL PLACE OF REFUGE. 
(a) CONSULTATION.—Not later than 1 year after the date of 
enactment of this Act, the Commandant of the Coast Guard shall 
consult with appropriate Federal agencies and with State and local 
interests to determine what improvements, if any, are necessary 
to designate existing ice-free facilities or infrastructure in the Cen-
tral Bering Sea as a fully functional, year-round Potential Place 
of Refuge. 
Deadline. 
Determinations. 
Deadline. 
Deadline. 
Assessment. 
Analysis. 
Time period. 
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126 STAT. 1584 
PUBLIC LAW 112–213—DEC. 20, 2012 
(b) PURPOSES.—The purposes of the consultation under sub-
section (a) shall be to enhance safety of human life at sea and 
protect the marine environment in the Central Bering Sea. 
(c) DEADLINE FOR SUBMISSION.—Not later than 90 days after 
making the determination under subsection (a), the Commandant 
shall inform the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives in writing of the 
findings under subsection (a). 
SEC. 718. MERCHANT MARINER MEDICAL EVALUATION PROGRAM. 
(a) IN GENERAL.—Not later than 180 days after the date of 
enactment of this Act, the Commandant of the Coast Guard shall 
submit to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate an assessment of the 
Coast Guard National Maritime Center’s merchant mariner medical 
evaluation program and alternatives to the program. 
(b) CONTENTS.—The assessment required under subsection (a) 
shall include the following: 
(1) An overview of the adequacy of the program for making 
medical certification determinations for issuance of merchant 
mariners’ documents. 
(2) An analysis of how a system similar to the Federal 
Motor Carrier Safety Administration’s National Registry of Cer-
tified Medical Examiners program, and the Federal Aviation 
Administration’s Designated Aviation Medical Examiners pro-
gram, could be applied by the Coast Guard in making medical 
fitness determinations for issuance of merchant mariners’ docu-
ments. 
(3) An explanation of how the amendments to the Inter-
national Convention on Standards of Training, Certification 
and Watchkeeping for Seafarers, 1978, that entered into force 
on January 1, 2012, required changes to the Coast Guard’s 
merchant mariner medical evaluation program. 
SEC. 719. DETERMINATIONS. 
Not later than 270 days after the date of enactment of this 
Act, the Secretary of the department in which the Coast Guard 
is operating shall provide to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate an assess-
ment of— 
(1) the loss of United States shipyard jobs and industrial 
base expertise as a result of rebuild, conversion, and double- 
hull work on United States-flag vessels eligible to engage in 
the coastwise trade being performed in foreign shipyards; 
(2) enforcement of the Coast Guard’s foreign rebuild deter-
mination regulations; and 
(3) recommendations for improving transparency in the 
Coast Guard’s foreign rebuild determination process. 
SEC. 720. IMPEDIMENTS TO THE UNITED STATES-FLAG REGISTRY. 
(a) ASSESSMENT.—Not later than 180 days after the date of 
enactment of this Act, the Commandant of the Coast Guard shall 
submit to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate an assessment of factors 
Deadline. 
Deadline. 
Assessment. 
Deadline. 
Assessment. 
Notification. 
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126 STAT. 1585 
PUBLIC LAW 112–213—DEC. 20, 2012 
under the authority of the Coast Guard that impact the ability 
of vessels documented in the United States to effectively compete 
in international transportation markets. 
(b) CONTENT.—The assessment under subsection (a) shall 
include— 
(1) a review of differences between Coast Guard policies 
and regulations governing the inspection of vessels documented 
in the United States and International Maritime Organization 
policies and regulations governing the inspection of vessels 
not documented in the United States; 
(2) a statement on the impact such differences have on 
operating costs for vessels documented in the United States; 
and 
(3) recommendations on whether to harmonize any such 
differences. 
(c) CONSULTATION.—In preparing the assessment under sub-
section (a), the Commandant may consider the views of representa-
tives of the owners or operators of vessels documented in the 
United States and the organizations representing the employees 
employed on such vessels. 
SEC. 721. ARCTIC DEEPWATER SEAPORT. 
(a) STUDY.—The Commandant of the Coast Guard, in consulta-
tion with the Commanding General of the Army Corps of Engineers, 
the Maritime Administrator, and the Chief of Naval Operations, 
shall conduct a study on the feasibility of establishing a deepwater 
seaport in the Arctic to protect and advance strategic United States 
interests within the Arctic region. 
(b) SCOPE.—The study under subsection (a) shall include an 
analysis of— 
(1) the capability provided by a deepwater seaport that— 
(A) is in the Arctic (as that term is defined in the 
section 112 of the Arctic Research and Policy Act of 1984 
(15 U.S.C. 4111)); and 
(B) has a depth of not less than 34 feet; 
(2) the potential and optimum locations for such deepwater 
seaport; 
(3) the resources needed to establish such deepwater sea-
port; 
(4) the timeframe needed to establish such deepwater sea-
port; 
(5) the infrastructure required to support such deepwater 
seaport; and 
(6) any other issues the Secretary considers necessary to 
complete the study. 
(c) DEADLINE FOR SUBMISSION OF FINDINGS.—Not later than 
1 year after the date of enactment of this Act, the Commandant 
shall submit the findings of the study under subsection (a) to 
the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastructure 
of the House of Representatives. 
SEC. 722. RISK ASSESSMENT OF TRANSPORTING CANADIAN OIL SANDS. 
(a) IN GENERAL.—The Commandant of the Coast Guard shall 
assess the increased vessel traffic in the Salish Sea (including 
Puget Sound, the Strait of Georgia, Haro Strait, Rosario Strait, 
and the Strait of Juan de Fuca), that may occur from the transport 
of Canadian oil sands oil. 
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126 STAT. 1586 
PUBLIC LAW 112–213—DEC. 20, 2012 
(b) SCOPE.—The assessment required under subsection (a) shall, 
at a minimum, consider— 
(1) the extent to which vessel (including barge, tanker, 
and supertanker) traffic may increase due to Canadian oil 
sands development; 
(2) whether the transport of oil from Canadian oil sands 
within the Salish Sea is likely to require navigation through 
United States territorial waters; 
(3) the rules or regulations that restrict supertanker traffic 
in United States waters, including an assessment of whether 
there are methods to bypass those rules or regulations in such 
waters and adjacent Canadian waters; 
(4) the rules or regulations that restrict the amount of 
oil transported in tankers or barges in United States waters, 
including an assessment of whether there are methods to 
bypass those rules or regulations in such waters and adjacent 
Canadian waters; 
(5) the spill response capability throughout the shared 
waters of the United States and Canada, including oil spill 
response planning requirements for vessels bound for one 
nation transiting through the waters of the other nation; 
(6) the vessel emergency response towing capability at the 
entrance to the Strait of Juan de Fuca; 
(7) the agreement between the United States and Canada 
that outlines requirements for laden tank vessels to be escorted 
by tug boats; 
(8) whether oil extracted from oil sands has different prop-
erties from other types of oil, including toxicity and other 
properties, that may require different maritime clean up tech-
nologies; 
(9) a risk assessment of the increasing supertanker, tanker, 
and barge traffic associated with Canadian oil sands develop-
ment or expected to be associated with Canadian oil sands 
development; and 
(10) the potential costs and benefits to the United States 
public and the private sector of maritime transportation of 
oil sands products. 
(c) CONSULTATION REQUIREMENT.—In conducting the assess-
ment required under this section, the Commandant shall consult 
with the State of Washington, affected tribal governments, and 
industry, including vessel operators, oil sands producers, and spill 
response experts. The Commandant may consult with the Secretary 
of State. 
(d) DEADLINE FOR SUBMISSION.—Not later than 180 days after 
the date of enactment of this Act, the Commandant shall submit 
the assessment required under this section to the Committee on 
Washington. 
Native 
Americans. 
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126 STAT. 1587 
PUBLIC LAW 112–213—DEC. 20, 2012 
LEGISLATIVE HISTORY—H.R. 2838: 
HOUSE REPORTS: No. 112–229 (Comm. on Transportation and Infrastructure). 
CONGRESSIONAL RECORD: 
Vol. 157 (2011): Nov. 4, 15, considered and passed House. 
Vol. 158 (2012): Sept. 19–21, considered and passed Senate, amended. 
Dec. 5, House concurred in Senate amendments with an 
amendment pursuant to H. Res. 825. 
Dec. 12, Senate concurred in House amendment. 
Commerce, Science, and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of the House of Rep-
resentatives. 
Approved December 20, 2012. 
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