Text: H.R.2838 — 112th Congress (2011-2012)All Bill Information (Except Text)

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Public Law No: 112-213 (12/20/2012)

 
[112th Congress Public Law 213]
[From the U.S. Government Printing Office]



[[Page 1539]]

           COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2012

[[Page 126 STAT. 1540]]

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. <<NOTE: Dec. 20, 2012 -  [H.R. 
                                2838]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Coast Guard and 
Maritime Transportation Act of 2012. 14 USC 1 note.>> 
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.

[[Page 126 STAT. 1541]]

Sec. 310. United States Committee on the Marine Transportation System.
Sec. 311. Technical correction to title 46.
Sec. 312. Deepwater ports.

             TITLE IV--MARITIME ADMINISTRATION AUTHORIZATION

Sec. 401. Short title.
Sec. 402. Authorization of appropriations for national security aspects 
           of the merchant marine for fiscal year 2013.
Sec. 403. Maritime environmental and technical assistance.
Sec. 404. Property for instructional purposes.
Sec. 405. Short sea transportation.
Sec. 406. Limitation of National Defense Reserve Fleet vessels to those 
           over 1,500 gross tons.
Sec. 407. Transfer of vessels to the National Defense Reserve Fleet.
Sec. 408. Clarification of heading.
Sec. 409. Mission of the Maritime Administration.
Sec. 410. Amendments relating to the National Defense Reserve Fleet.
Sec. 411. Requirement for barge design.
Sec. 412. Container-on-barge transportation.
Sec. 413. Department of Defense national strategic ports study and 
           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:

[[Page 126 STAT. 1542]]

            (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 personnel 
        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 performance 
        of the Coast Guard's mission with respect to search and rescue, 
        aids to navigation, marine safety, marine environmental 
        protection, enforcement of laws and treaties, ice operations, 
        oceanographic research, and defense readiness--
                    (A) $19,848,000 for fiscal year 2013; and
                    (B) $19,890,000 for fiscal year 2014.
            (6) For alteration or removal of bridges over navigable 
        waters of the United States constituting obstructions to 
        navigation, 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 
        institutions, 350 student years.
            (4) For officer acquisition, 1,200 student years.

[[Page 126 STAT. 1543]]

                          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 augmented 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 vessels, 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:
``Sec. 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,

[[Page 126 STAT. 1544]]

        statistics, or reports intended for public release will be 
        formatted such that the confidentiality of victims is not 
        jeopardized.
            ``(3) Procedures that cadets and other Academy personnel 
        should follow in the case of an occurrence of sexual harassment 
        or sexual violence, including--
                    ``(A) if the victim chooses to report an 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 
                potentially necessary for proof of criminal sexual 
                assault.
            ``(4) Procedures for disciplinary action in cases of 
        criminal sexual assault involving a cadet or other Academy 
        personnel.
            ``(5) 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 <<NOTE: Deadline.>> Commandant shall 
        direct the Superintendent to conduct at the Academy during each 
        Academy program year an assessment to determine the 
        effectiveness of the policies of the Academy with respect to 
        sexual harassment and sexual violence involving cadets or other 
        Academy personnel.
            ``(2) Biennial survey.--For the assessment at the Academy 
        under paragraph (1) with respect to an Academy program year that 
        begins in an odd-numbered calendar year, the Superintendent 
        shall conduct a survey of cadets and other Academy personnel--
                    ``(A) to measure--
                          ``(i) the incidence, during that program year, 
                      of sexual harassment and sexual violence events, 
                      on or off the Academy reservation, that have been 
                      reported to an official of the 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 
                      procedures on sexual harassment and sexual 
                      violence involving cadets or other Academy 
                      personnel;
                          ``(ii) the enforcement of such policies;

[[Page 126 STAT. 1545]]

                          ``(iii) the incidence of sexual harassment and 
                      sexual violence involving cadets or other Academy 
                      personnel; and
                          ``(iv) any other issues relating to sexual 
                      harassment and sexual violence involving cadets or 
                      other Academy personnel.

    ``(d) Report.--
            ``(1) In general.--The Commandant shall direct the 
        Superintendent 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 
                personnel that have been reported to Academy officials 
                during the Academy program year and, of those reported 
                cases, the number that have been substantiated.
                    ``(B) A plan for the actions that are to be taken in 
                the following Academy program year 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 
                Infrastructure 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.''.

[[Page 126 STAT. 1546]]

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) <<NOTE: Definition.>> 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:
``Sec. 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:
``Sec. 263. Special selection boards; correction of errors

    ``(a) Officers Not Considered Due to Administrative Error.--
            ``(1) In general.--If <<NOTE: Determination.>> 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 
        determine whether such officer or former officer should be 
        recommended 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 promotion.

    ``(b) Officers Considered But Not Selected; Material Error.--
            ``(1) In general.--In <<NOTE: Determination.>> 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--

[[Page 126 STAT. 1547]]

                          ``(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 promotion 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 
                recommended 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) <<NOTE: Reports.>> submit to the Secretary a written 
        report in a manner consistent with sections 260 and 261.

    ``(d) Appointment of Officers Recommended for Promotion.--
            ``(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 
        selection 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

[[Page 126 STAT. 1548]]

        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 
        consider the officer or former officer prior to the 
        consideration of the special selection board.
            ``(3) Record correction.--If <<NOTE: President.>> the report 
        of a special selection 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) <<NOTE: Regulations.>>  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 provide 
        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 section.''.

[[Page 126 STAT. 1549]]

    (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:
``Sec. 262. Failure of selection for promotion

    ``An <<NOTE: President.>> 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 <<NOTE: Effective date. Time 
        period. 14 USC 261 note.>> 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 <<NOTE: 14 USC 271 
        note.>> 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:
``Sec. 427. Prohibition of certain involuntary administrative 
                separations

    ``(a) In General.--Except as provided in subsection (b), the 
Secretary may not authorize the involuntary administrative separation 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

[[Page 126 STAT. 1550]]

        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:
``Sec. 569a. Major acquisitions

    ``(a) In General.--In <<NOTE: Reports.>> 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 subsection (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 
        justification 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 
        program fulfills the mission needs and performance goals of the 
        Coast Guard;
            ``(6) a description of how the Coast Guard is planning for 
        the integration of each new asset acquired under such program 
        into the Coast Guard, including needs related to shore-based 
        infrastructure and human resources;

[[Page 126 STAT. 1551]]

            ``(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 
        anticipated 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:
``Sec. 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;

[[Page 126 STAT. 1552]]

            ``(2) the advance construction of parts or components for 
        the vessel;
            ``(3) protection and storage of materials, parts, or 
        components 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 Manufactured 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 components 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 Infrastructure 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:
``Sec. 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:
``Sec. 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 Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate--

[[Page 126 STAT. 1553]]

            ``(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, 
                whichever 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 inclusion 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:
``Sec. 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) <<NOTE: Repeal.>>  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:

[[Page 126 STAT. 1554]]

``Sec. 678. Aircraft accident investigations

    ``(a) In General.--Whenever <<NOTE: Records. Reports.>> 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 Commandant, 
        upon request, shall publicly disclose unclassified tapes, 
        scientific reports, and other factual information pertinent to 
        an aircraft accident investigation.
            ``(2) Conditions.--The <<NOTE: Determination.>> Commandant 
        shall only disclose information requested pursuant to paragraph 
        (1) if the Commandant 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 investigation; 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 
        sufficient for the investigators to come to an opinion as to the 
        cause or causes of the accident, the final report of the 
        accident investigation shall 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 Proceedings.--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

[[Page 126 STAT. 1555]]

        in subsection (a) that is conducted solely to determine the 
        cause of the accident and to obtain information that may prevent 
        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:
``Sec. 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:

[[Page 126 STAT. 1556]]

                  ``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.

``Sec. 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.
``Sec. 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 regulations 
        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 delegated 
        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, 
        establish, 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 
        specialized service in the Navy in time of war, including the 
        fulfillment of Maritime Defense Zone command responsibilities.
``Sec. 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 <<NOTE: President.>> 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--

[[Page 126 STAT. 1557]]

            ``(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 
        corresponding 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.
``Sec. 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:
``Sec. 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;

[[Page 126 STAT. 1558]]

            ``(3) the procurement was awarded by a subcontractor through 
        a process over which the entity performing lead systems 
        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. <<NOTE: 10 USC 1293 note.>> RENEWAL OF TEMPORARY EARLY 
                        RETIREMENT AUTHORITY.

    For fiscal years 2013 through 2018--
            (1) <<NOTE: Applicability.>> 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 
                implement 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

[[Page 126 STAT. 1559]]

                    (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 pursuant 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 program 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 Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate such documentation 
as the Coast Guard Major Systems 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. <<NOTE: 14 USC 573 note.>> NATIONAL SECURITY CUTTERS.

    (a) In General.--
            (1) Multiyear authority.--In <<NOTE: Contracts.>> 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 <<NOTE: Time 
        period. Certification.>> Secretary may not enter into a contract 
        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 
        Representatives 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) <<NOTE: Analysis.>>  Determination of substantial 
        savings.--For purposes 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 
                avoidance--
                          (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 subsequently utilized for further 
                      ship construction.

[[Page 126 STAT. 1560]]

    (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) <<NOTE: Plans.>> submitted to the Committee on Commerce, 
        Science, and Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives 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 
                Enhancement Drydock Availability of the first 2 National 
                Security Cutters; and
                    (B) increased aerial coverage to support National 
                Security Cutter operations; and
            (2) <<NOTE: Contracts.>> awarded a contract for detailed 
        design and construction for the Offshore Patrol Cutter.
SEC. 222. COAST GUARD POLAR ICEBREAKERS.

    (a) In General.--The <<NOTE: Analysis. Termination date.>> 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 
icebreaker 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 
        capabilities 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 
        reactivate 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 enactment 
of this Act, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate the 
analysis required under subsection (a).
    (d) Requirement for Reactivation of Polar Sea.--
            (1) Service life extension plan.--
                    (A) In general.--If <<NOTE: Determination.>> 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 
                reactivation, including a timetable for such 
                reactivation.

[[Page 126 STAT. 1561]]

                    (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 <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> 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) <<NOTE: Termination date.>> 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 vessels, 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 <<NOTE: Termination date.>> section shall cease to 
have effect on September 30, 2022.

[[Page 126 STAT. 1562]]

                   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) <<NOTE: Notice.>> 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) <<NOTE: Web posting. Deadline.>> 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 <<NOTE: Waivers. Deadline.>> head of an agency 
                referred to in paragraph (1) shall notify the Committee 
                on Transportation and Infrastructure of the House of 
                Representatives and the Committee on Commerce, Science, 
                and Transportation 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 explanation 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:
``Sec. 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:

[[Page 126 STAT. 1563]]

    ``(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 misconduct.''.
    (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 enactment 
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 
                navigation; 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);

[[Page 126 STAT. 1564]]

                    (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) <<NOTE: Revocation. Determination.>> The Secretary shall 
revoke a delegation made to a classification society under subsection 
(b) or (d) if the Secretary of State determines that the classification 
society provides comparable services in or for a state sponsor of 
terrorism.

    ``(f) <<NOTE: Definition.>> 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 Emergency 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) <<NOTE: Deadline.>> 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 
                      dimension of or type of vessel'' and inserting 
                      ``major conversion''; and
            (3) by adding at the end the following:

    ``(e) <<NOTE: Definition.>> 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.''.

[[Page 126 STAT. 1565]]

    (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 
                        CERTIFICATES.

    (a) In General.--Chapter 75 of title 46, United States Code, is 
amended by adding at the end the following:
``Sec. 7508. Authority to extend the duration of medical 
                  certificates

    ``(a) Granting of Extensions.--
Notwithstanding <<NOTE: Determination.>> 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 Fisheries 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

[[Page 126 STAT. 1566]]

                      (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 Fisheries Act (title II of division C 
                      of Public Law 105-277; 112 Stat. 2681-625 et 
                      seq.), 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); 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:
``Sec. 12140. Investigations by Secretary

    ``(a) In General.--The Secretary may conduct investigations and 
inspections regarding compliance with this chapter and regulations 
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 subpoena 
        to require the attendance of a witness or the production of 
        documents or other evidence relevant to the matter under 
        investigation if--
                    ``(A) <<NOTE: Determination.>> 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) <<NOTE: Time period.>> 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'';

[[Page 126 STAT. 1567]]

            (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 TRANSPORTATION 
                        SYSTEM.

    (a) In General.--Chapter 555 of title 46, United States Code, is 
amended by adding at the end the following:
``Sec. 55502. United States Committee on the Marine Transportation 
                    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 interagency 
coordinating committee for the purpose of--
            ``(1) assessing the adequacy of the marine transportation 
        system (including ports, waterways, channels, and their 
        intermodal 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 
                Commission;
                    ``(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 
                determines can further the purpose and activities of the 
                Committee.
            ``(2) Nonvoting members.--The Committee may include as many 
        nonvoting members as a majority of the voting members of the 
        Committee determines is appropriate to further the purpose and 
        activities of the Committee.

[[Page 126 STAT. 1568]]

    ``(d) Support.--
            ``(1) Coordinating board.--
                    ``(A) In general.--There <<NOTE: Establishment.>> 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 Committee 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 Secretary 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 <<NOTE: Appointment.>> Secretary of Transportation, in 
        consultation with the Secretary of Defense, the Secretary 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 Committee; 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 <<NOTE: Deadlines. Reports. Plan.>> 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 
Transportation 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 Transportation 
        System: A Framework for Action' and dated July 2008;
            ``(2) an assessment of the condition of the marine 
        transportation system;
            ``(3) a discussion of the challenges the marine 
        transportation system faces in meeting user demand, including 
        estimates of investment levels required to ensure system 
        infrastructure meets such demand;
            ``(4) a plan, with recommended actions, for improving the 
        marine transportation system to meet current and future 
        challenges; and
            ``(5) steps taken to implement actions recommended in 
        previous 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.''.

[[Page 126 STAT. 1569]]

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 <<NOTE: Maritime Administration Authorization Act for 
Fiscal Year 2013.>> 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 SECURITY 
                        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 Transportation 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 available 
        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:

[[Page 126 STAT. 1570]]

``Sec. 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 partnerships 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 agreements 
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 
        vessels, 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 instructional 
        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

[[Page 126 STAT. 1571]]

        sufficient value to the Navy to warrant their further 
        preservation and retention.''; and
            (3) in paragraph (2)(C), by inserting ``or a training 
        institution 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 
        transportation.'';
            (2) in subsection (c), by striking ``coastal corridors'' and 
        inserting ``coastal corridors or to promote short sea 
        transportation'';
            (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 VESSELS 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 section 
57103 of title 46, United States Code, is amended to read as follows:
``Sec. 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.''.

[[Page 126 STAT. 1572]]

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 Merchant 
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 
                scheduled to be activated in 5 or less days;
                    ``(D) locate those vessels that are scheduled to be 
                activated near embarkation ports specified for those 
                vessels; and''.
SEC. 411. REQUIREMENT FOR BARGE DESIGN.

    Not <<NOTE: Deadline.>> later than 270 days after the date of 
enactment of this Act, the Administrator of the Maritime Administration 
shall complete 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 Administration 
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 
        transportation;
            (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 implementation 
        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 enactment 
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 Transportation and 
Infrastructure of the House of Representatives.

[[Page 126 STAT. 1573]]

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 Strategic Ports.--
            (1) Comptroller general review.--
        Not <<NOTE: Assessment.>> 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 strategic 
        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 
                strategic ports.

    (d) Strategic Port Defined.--In this section, the term ``strategic 
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 
        conventions, companies, and government agencies that charter or 
        operate vessels;

[[Page 126 STAT. 1574]]

            (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 programs 
        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 mariners 
        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 
        Maritime 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 appropriate 
        to review.

    (c) Findings.--Not <<NOTE: Deadline. Reports.>> later than one year 
after the date of enactment of this Act, the Comptroller General shall 
report the findings of the assessment under subsection (a) to the 
Committee on Commerce, Science, and Transportation and the Committee on 
Armed Services of the Senate and the Committee on Transportation and 
Infrastructure and the Committee on Armed Services of the House of 
Representatives.

TITLE <<NOTE: Piracy Suppression Act of 2012.>> V--PIRACY
SEC. 501. <<NOTE: 46 USC 101 note.>> 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:

[[Page 126 STAT. 1575]]

``Sec. 51705. Training for use of force against piracy

    ``The <<NOTE: Certification.>> Secretary of Transportation, in 
consultation with the Secretary 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 
        survivability if captured and taken hostage by pirates.''.

    (b) Deadline.--The <<NOTE: 46 USC 51705 note.>> 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 
        crewmembers 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) <<NOTE: Definition.>> 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 <<NOTE: Deadline. Reports.>> 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

[[Page 126 STAT. 1576]]

provide to the Committee on Armed Services and the Committee on 
Transportation and Infrastructure of the House of Representatives 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 <<NOTE: Marine Debris Act Amendments of 2012. 33 USC 
1951 note.>> 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 environment, and 
navigation safety through the identification, determination 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 
                ``Program 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''.

[[Page 126 STAT. 1577]]

    (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 appropriations, 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 
        identification, 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 
                measures 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 
        identifying, determining sources of, assessing, preventing, 
        reducing, and removing marine debris and its adverse impacts on 
        the United States economy, the marine environment, and 
        navigation safety, including outreach and education activities 
        through public-private initiatives; and
            ``(5) <<NOTE: Plans.>> develop, in consultation with the 
        Interagency Committee, 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

[[Page 126 STAT. 1578]]

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 
        Pollution 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 <<NOTE: Repeal.>> 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 
                ``Chairperson'';
                    (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

[[Page 126 STAT. 1579]]

        and directly or indirectly, intentionally or unintentionally, 
        disposed 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 enactment 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. <<NOTE: 46 USC 8103 note.>> 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) <<NOTE: Applicability.>> only applies to a foreign citizen 
        who holds a credential that is equivalent to the credential 
        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 
        requirements 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''.

[[Page 126 STAT. 1580]]

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 <<NOTE: Time period.>> 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 navigable 
waters of the United States with a channel depth of 25 feet or greater 
that may impede or obstruct future navigation to or from port facilities 
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 documented 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 REQUIREMENTS.

    The Ohio River Valley Water Sanitation Commission, established 
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

[[Page 126 STAT. 1581]]

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 appropriate Government agencies is 
required.
SEC. 707. VESSEL DETERMINATIONS.

    The <<NOTE: Effective date.>> 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 
shipyard if no encumbrances are on record with the Coast Guard at the 
time of the issuance of the new vessel certificate of documentation 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. <<NOTE: 46 USC 70105 note.>> TRANSPORTATION WORKER 
                        IDENTIFICATION CREDENTIAL PROCESS REFORM.

    Not <<NOTE: Deadline.>> 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 determined by 
the Secretary, requiring more than one such in-person visit.
SEC. 710. INVESTMENT AMOUNT.

    Not <<NOTE: Deadline.>> 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. <<NOTE: 46 USC 70101 note.>> 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 ``Program'').
    (b) Purpose.--The Secretary, acting through the Commandant, shall 
administer the Program in a manner that results in a cooperative 
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 
        enforcement officers; and

[[Page 126 STAT. 1582]]

            (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 
                sensitive information; and
                    (F) on preparedness and response to maritime 
                terrorist incidents.

    (d) Coordination.--The Secretary, acting through the Commandant, 
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 <<NOTE: 33 USC 491 note prec.>> 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 <<NOTE: Determinations.>> Secretary of 
the department in which the Coast Guard is operating shall complete, on 
an expeditious basis and using the shortest existing applicable process, 
determinations 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 Administration's objectives for 
the project.
SEC. 713. TONNAGE OF AQUEOS ACADIAN.

    The <<NOTE: Termination date.>> 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 <<NOTE: Deadline. Assessment.>> later than 180 
days after the date of enactment of this Act, the Commandant of the 
Coast Guard shall

[[Page 126 STAT. 1583]]

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 <<NOTE: Time period.>> 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 navigability 
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 <<NOTE: Deadline. Assessment. Analysis.>> 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 <<NOTE: Deadline.>> 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 
Transportation and Infrastructure of the House of Representatives an 
assessment 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, fisheries 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 
        operations 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 
        forward 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 <<NOTE: Deadline. Determinations.>> 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 Central Bering Sea as a fully functional, year-round Potential Place 
of Refuge.

[[Page 126 STAT. 1584]]

    (b) Purposes.--The purposes of the consultation under subsection (a) 
shall be to enhance safety of human life at sea and protect the marine 
environment in the Central Bering Sea.
    (c) Deadline for Submission.--Not <<NOTE: Notification.>> later than 
90 days after making the determination under subsection (a), the 
Commandant shall inform the Committee on Commerce, Science, and 
Transportation 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 <<NOTE: Deadline. Assessment.>> 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 Certified 
        Medical Examiners program, and the Federal Aviation 
        Administration's Designated Aviation Medical Examiners program, 
        could be applied by the Coast Guard in making medical fitness 
        determinations for issuance of merchant mariners' documents.
            (3) An explanation of how the amendments to the 
        International 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 <<NOTE: Deadline. Assessment.>> 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 
assessment 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 
        determination 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 <<NOTE: Deadline.>> 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

[[Page 126 STAT. 1585]]

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 subsection (a), 
the Commandant may consider the views of representatives 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 consultation 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 
        seaport;
            (4) the timeframe needed to establish such deepwater 
        seaport;
            (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.

[[Page 126 STAT. 1586]]

    (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 
        properties from other types of oil, including toxicity and other 
        properties, that may require different maritime clean up 
        technologies;
            (9) a risk assessment of the increasing supertanker, tanker, 
        and barge traffic associated with Canadian oil sands development 
        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 <<NOTE: Washington. Native 
Americans.>> conducting the assessment 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

[[Page 126 STAT. 1587]]

Commerce, Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives.

    Approved December 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.

                                  <all>