S.Amdt. 2867Senate112th Congress (2011-2013)
In the nature of a substitute.
Sponsored by 
Sen. John D. Rockefeller IV (D-WV)
Sen. John D. Rockefeller IV (D-WV)Submitted September 22, 2012
Text
Submitted
This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.
SA 2867. Mr. PRYOR (for Mr. Rockefeller) proposed an amendment to the
bill H.R. 2838, to authorize appropriations for the Coast Guard for
fiscal years 2013 through 2014, and for other purposes.
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Coast
Guard Authorization Act of 2012''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--AUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
TITLE II--ORGANIZATION
Sec. 201. Coast Guard authority to operate and maintain Coast Guard
assets.
Sec. 202. Clarification of Coast Guard ice operations mission.
TITLE III--PERSONNEL
Sec. 301. Acquisition workforce expedited hiring authority.
Sec. 302. Officers recommended for promotion.
Sec. 303. Original appointment of permanent commissioned officers.
Sec. 304. Academy pay, allowances, and emoluments.
Sec. 305. Academy policy on sexual harassment and sexual violence.
Sec. 306. Coast Guard auxiliarists enrollment eligibility.
TITLE IV--ADMINISTRATION
Sec. 401. Advance procurement funding.
Sec. 402. Multiyear procurement authority for Coast Guard National
Security Cutters.
Sec. 403. Requirement to maintain United States polar icebreaking
capability.
Sec. 404. National response functions.
Sec. 405. National Response Center notification requirements.
Sec. 406. Conforming amendment.
TITLE V--SHIPPING AND NAVIGATION
Sec. 501. Central Bering Sea potential place of refuge.
Sec. 502. Protection and fair treatment of seafarers.
Sec. 503. Delegation of authority.
Sec. 504. Report on establishment of arctic deep water port.
Sec. 505. Risk analysis of transporting Canadian oil sands.
Sec. 506. Eligibility to receive surplus training equipment.
TITLE VI--MARITIME ADMINISTRATION AUTHORIZATION
Sec. 601. Short title; amendment of title 46, United States Code.
Sec. 602. Marine transportation system.
Sec. 603. Short sea transportation program amendments.
Sec. 604. Maritime environmental and technical assistance program.
Sec. 605. Waiver of navigation and vessel-inspection laws.
Sec. 606. Extension of maritime security fleet program.
Sec. 607. Maritime workforce study.
Sec. 608. Maritime administration vessel recycling contract award
practices.
Sec. 609. Requirement for barge design.
TITLE VII--MISCELLANEOUS
Sec. 701. Limitation on availability of funds for procurement of
alternative fuel.
Sec. 702. Passenger vessel security and safety requirements.
Sec. 703. Oil spill liability trust fund investment amount.
Sec. 704. Vessel determinations.
Sec. 705. Alteration of bridge obstructing navigation.
Sec. 706. Notice of arrival.
Sec. 707. Waivers.
Sec. 708. Budgetary effects.
Sec. 709. Technical amendments.
TITLE I--AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Year 2013.--Funds are authorized to be
appropriated for fiscal year 2013 for necessary expenses of
the Coast Guard as follows:
(1) For the operation and maintenance of the Coast Guard,
$7,077,783,000 of which $24,500,000 is authorized to be
derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act
of 1990 (33 U.S.C. 2712(a)(5)).
(2) For the acquisition, construction, rebuilding,
renovation, and improvement of aids to navigation, shore and
offshore facilities, vessels, and aircraft, including
equipment related thereto, $1,421,924,000 of which--
(A) $20,000,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)), to remain available until expended;
(B) $642,000,000 is authorized to acquire, effect major
repairs to, renovate, or improve vessels, small boats, and
related equipment;
(C) $289,000,000 is authorized to acquire, effect major
repairs to, renovate, or improve aircraft or increase
aviation capability;
(D) $166,140,000 is authorized for other equipment;
(E) $213,692,000 is authorized for shore facilities, aids
to navigation facilities, and military housing, of which not
more than $14,000,000 shall be derived from the Coast Guard
Housing Fund; and
(F) $110,192,000 is authorized for personnel compensation
and benefits and related costs.
(3) For research, development, testing, and evaluation of
technologies, materials, and human factors directly related
to improving the performance of the Coast Guard's mission in
search and rescue, aids to navigation, marine safety, marine
environmental protection, enforcement of laws and treaties,
ice operations, oceanographic research, and defense
readiness, $19,779,000.
(4) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose), payments under the Retired Serviceman's Family
Protection and Survivor Benefit Plans, and payments for
medical and dental care of retired personnel and their
dependents under chapter 55 of title 10, United States Code,
$1,440,157,000, to remain available until expended.
(5) For alteration or removal of bridges over navigable
waters of the United States constituting obstructions to
navigation, and for personnel and administrative costs
associated with the Alteration of Bridges Program,
$16,000,000.
(6) For environmental compliance and restoration functions
under chapter 19 of title 14, United States Code,
$16,699,000.
(7) For operation and maintenance of the Coast Guard
Reserve program, $136,778,000.
(b) Fiscal Year 2014.--Funds are authorized to be
appropriated for fiscal year 2014 for necessary expenses of
the Coast Guard as follows:
(1) For the operation and maintenance of the Coast Guard,
$7,077,783,000 of which $24,500,000 is authorized to be
derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act
of 1990 (33 U.S.C. 2712(a)(5)).
(2) For the acquisition, construction, rebuilding,
renovation, and improvement of aids to navigation, shore and
offshore facilities, vessels, and aircraft, including
equipment related thereto, $1,421,924,000 of which--
(A) $20,000,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)), to remain available until expended;
(B) $642,000,000 is authorized to acquire, effect major
repairs, renovate, or improve vessels, small boats, and
related equipment;
(C) $289,000,000 is authorized to acquire, effect major
repairs, renovate, or improve aircraft or increase aviation
capability;
(D) $166,140,000 is authorized for other equipment;
(E) $213,692,000 is authorized for shore facilities, aids
to navigation facilities, and military housing, of which not
more than $14,000,000 shall be derived from the Coast Guard
Housing Fund; and
(F) $110,192,000 is authorized for personnel compensation
and benefits and related costs.
(3) For research, development, testing, and evaluation of
technologies, materials, and human factors directly related
to improving the performance of the Coast Guard's mission in
search and rescue, aids to navigation, marine safety, marine
environmental protection, enforcement of laws and treaties,
ice operations, oceanographic research, and defense
readiness, $19,779,000.
[[Page S6654]]
(4) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose), payments under the Retired Serviceman's Family
Protection and Survivor Benefit Plans, and payments for
medical and dental care of retired personnel and their
dependents under chapter 55 of title 10, United States Code,
$1,440,157,000 to remain available until expended.
(5) For alteration or removal of bridges over navigable
waters of the United States constituting obstructions to
navigation, and for personnel and administrative costs
associated with the Alteration of Bridges Program,
$16,000,000.
(6) For environmental compliance and restoration functions
under chapter 19 of title 14, United States Code,
$16,699,000.
(7) For operation and maintenance of the Coast Guard
Reserve program, $136,778,000.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND
TRAINING.
(a) Fiscal Year 2013.--
(1) Active duty strength.--The Coast Guard is authorized an
end-of-year strength for active duty personnel of 47,000 for
the fiscal year ending on September 30, 2013.
(2) Military training student loads.--For fiscal year 2013,
the Coast Guard is authorized average military training
student loads as follows:
(A) For recruit and special training, 2,500 student years.
(B) For flight training, 165 student years.
(C) For professional training in military and civilian
institutions, 350 student years.
(D) For officer acquisition, 1,200 student years.
(b) Fiscal Year 2014.--
(1) Active duty strength.--The Coast Guard is authorized an
end-of-year strength for active duty personnel of 49,350 for
the fiscal year ending on September 30, 2014.
(2) Military training student loads.--For fiscal year 2014,
the Coast Guard is authorized average military training
student loads as follows:
(A) For recruit and special training, 2,625 student years.
(B) For flight training, 173 student years.
(C) For professional training in military and civilian
institutions, 368 student years.
(D) For officer acquisition, 1,260 student years.
TITLE II--ORGANIZATION
SEC. 201. COAST GUARD AUTHORITY TO OPERATE AND MAINTAIN COAST
GUARD ASSETS.
(a) In General.--Section 93 of title 14, United States
Code, is amended by adding at the end the following:
``(e) Operation and Maintenance of Coast Guard Assets and
Facilities.--All authority, including programmatic budget
authority, for the operation and maintenance of Coast Guard
vessels, aircraft, systems, aids to navigation,
infrastructure, and any other Coast Guard assets or
facilities, shall be allocated to and vested in the Coast
Guard and the department in which the Coast Guard is
operating.''.
SEC. 202. CLARIFICATION OF COAST GUARD ICE OPERATIONS
MISSION.
(a) Coast Guard Provision of Federal Icebreaking
Services.--Chapter 5 of title 14, United States Code, is
amended by inserting after section 86 the following:
``Sec. 87. Provision of icebreaking services
``(a) In General.--Notwithstanding any other provision of
law, except as provided in subsection (b), the Coast Guard
shall be the sole supplier of icebreaking services, on an
advancement or reimbursable basis, to each Federal agency
that requires icebreaking services.
``(b) Exception.--In the event that a Federal agency
requires icebreaking services and the Coast Guard is unable
to provide the services, the Federal agency may acquire
icebreaking services from another entity.''.
(b) Priority of Coast Guard Missions in Polar Regions.--
(1) Section 110.--Section 110(b)(2) of the Arctic Research
and Policy Act of 1984 (15 U.S.C. 4109(b)(2)) is amended--
(A) by inserting ``to execute the statutory missions of the
Coast Guard and'' after ``needed''; and
(B) by inserting ``and all budget authority related to such
operations'' after ``projects,''.
(2) Section 312.--Section 312(c) of the Antarctic Marine
Living Resources Convention Act of 1984 (16 U.S.C. 2441(c))
is amended by inserting ``to execute the statutory missions
of the Coast Guard and'' after ``needed''.
(c) Conforming Amendment.--The table of contents for
chapter 5 of title 14, United States Code, is amended by
inserting after the item relating to section 86 the
following:
``87. Provision of icebreaking services.''.
TITLE III--PERSONNEL
SEC. 301. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.
Section 404 of the Coast Guard Authorization Act of 2010
(124 Stat. 2950) is amended--
(1) in subsection (a)(1), by striking ``as shortage
category positions'' and inserting ``as positions for which
there is a shortage of candidates or a critical hiring
need''; and
(2) in subsection (b)--
(A) by striking ``paragraph'' and inserting ``section'';
and
(B) by striking ``2012'' and inserting ``2015''.
SEC. 302. OFFICERS RECOMMENDED FOR PROMOTION.
Section 259(c)(1) of title 14, United States Code, is
amended by striking ``After selecting'' and inserting ``In
selecting''.
SEC. 303. ORIGINAL APPOINTMENT OF PERMANENT COMMISSIONED
OFFICERS.
Section 211 of title 14, United States Code, is amended by
adding at the end the following:
``(d) For purposes of this section, the term `original'
with respect to the appointment of a member of the Coast
Guard refers to the member's most recent appointment in the
Coast Guard that is neither a promotion nor a demotion.''.
SEC. 304. 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. 305. ACADEMY POLICY ON SEXUAL HARASSMENT AND SEXUAL
VIOLENCE.
(a) Establishment.--Chapter 9 of title 14, United States
Code, is amended by adding at the end the following:
``Sec. 200. Policy on sexual harassment and sexual violence
``(a) Required Policy.--The Commandant 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 Coast Guard 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, including how
any records, statistics, or reports intended for public
release will be formatted such that the confidentiality of
victims is not jeopardized.
``(3) Procedures that a cadet or other Academy personnel
should follow in the case of an occurrence of sexual
harassment or sexual violence, including--
``(A) if the cadet or other Academy personnel 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 which 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) Any other sanction authorized to be imposed in a
substantiated case of sexual harassment or sexual violence
involving a cadet or other Academy personnel in rape,
acquaintance rape, or other criminal sexual offence, whether
forcible or nonforcable.
``(6) Required training on the policy for all cadets and
other Academy personnel who process allegations of sexual
harassment or sexual violence involving a cadet or other
Academy personnel.
``(c) Assessment.--
``(1) In general.--The Commandant shall direct the
Superintendent to conduct at the Academy during each Academy
program year an assessment to determine the effectiveness of
the policies of the Academy with respect to sexual harassment
and sexual violence involving cadets and other Academy
personnel.
``(2) Biennial survey.--For the assessment at the Academy
under paragraph (1) with respect to an Academy program year
that begins in an odd-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, on or off the Academy
reservation, that have not been reported to an official of
the Academy; and
``(B) to assess the perceptions of the cadets and other
Academy personnel of--
``(i) the policies, training, and procedures on sexual
harassment and sexual violence involving cadets and other
Academy personnel;
``(ii) the enforcement of such policies;
``(iii) the incidence of sexual harassment and sexual
violence involving cadets and other Academy personnel; and
``(iv) any other issues relating to sexual harassment and
sexual violence involving cadets and other Academy personnel.
``(d) Report.--
``(1) In general.--The Commandant shall direct the
Superintendent of the Coast Guard Academy 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
[[Page S6655]]
other Academy personnel that have been reported to Coast
Guard 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 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.--In each even-numbered calendar year that
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
Commandant's report under this subsection.
``(e) Victim Confidentiality.--To the extent that
information collected under 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) Conforming Amendment.--The table of contents for
chapter 9 of title 14, United States Code, is amended by
inserting after the item relating to section 199 the
following:
``200. Policy on sexual harassment and sexual violence.''.
SEC. 306. COAST GUARD AUXILIARISTS ENROLLMENT ELIGIBILITY.
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
of 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 are owners, sole or part, of motorboats, yachts,
aircraft, or radio stations; or
``(2) who by reason of their special training or experience
are deemed by the Commandant to be qualified for duty in the
Auxiliary, and who may be enrolled therein pursuant to
applicable regulations.''.
TITLE IV--ADMINISTRATION
SEC. 401. ADVANCE PROCUREMENT FUNDING.
With respect to any Coast Guard vessel for which amounts
are appropriated or otherwise made available for vessels for
the Coast Guard in any fiscal year, the Secretary may enter
into a contract or place an order, in advance of a contract
or order for construction of a vessel, for--
(1) materials, parts, components, and effort for the
vessel;
(2) advance construction of parts or components for the
vessel;
(3) protection and storage of materials, parts, or
components for the vessel; and
(4) production planning, design, and other related support
services that reduce the overall procurement lead time of the
vessel.
SEC. 402. MULTIYEAR PROCUREMENT AUTHORITY FOR COAST GUARD
NATIONAL SECURITY CUTTERS.
(a) In General.--Beginning with the fiscal year 2013
program year, the Secretary of the department in which the
Coast Guard is operating may enter, under section 2306b of
title 10, United States Code, into a multiyear contract for
the procurement of Coast Guard National Security Cutters and
government-furnished equipment associated with the National
Security Cutter program.
(b) Limitation.--The Secretary may not enter into a
contract under subsection (a) until--
(1) the Secretary submits to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a certification that the Secretary has made,
with respect to the contract, each of the findings under
section 2306b(a) of title 10, United States Code, such as the
analysis referred to under subsection (c) of this section;
and
(2) a period of 30 days has elapsed after the date that the
Secretary submits the certification under paragraph (1).
(c) Determination of Substantial Savings.--In conducting an
analysis of substantial savings under section 2306b(a)(1) of
title 10, United States Code, the Secretary--
(1) may not limit the analysis to a simple percentage-based
metric; and
(2) shall employ a full-scale analysis of cost avoidance--
(A) based on a multiyear procurement; and
(B) taking into account the potential benefit any accrued
savings might have for future shipbuilding programs if the
cost avoidance savings were subsequently utilized for further
ship construction.
SEC. 403. REQUIREMENT TO MAINTAIN UNITED STATES POLAR
ICEBREAKING CAPABILITY.
(a) Current Icebreaker Maintenance.--Until new heavy
icebreakers are acquired for operation by the Coast Guard, in
order to meet Coast Guard mission requirements, the
Commandant of the Coast Guard may not--
(1) transfer, relinquish ownership of, dismantle, or
recycle the POLAR SEA or POLAR STAR;
(2) remove any part of the POLAR SEA unless it will be
installed on the POLAR STAR before it is put in ``active''
status and the Commandant certifies to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives that it is not possible for the POLAR STAR
to function properly without doing so;
(3) change the existing homeport of any Coast Guard
icebreaker; or
(4) expend any funds--
(A) for any expenses directly or indirectly associated with
the decommissioning of either of the vessels, including
expenses for dock use or other goods and services;
(B) for any personnel expenses directly or indirectly
associated with the decommissioning of either of the vessels,
including expenses for a decommissioning officer;
(C) for any expenses associated with a 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.
(b) Reimbursement.--Nothing in this section shall preclude
the Secretary from seeking reimbursement for operation and
maintenance costs of the polar icebreakers from other Federal
agencies and entities, including foreign governments, that
benefit from the use of the polar icebreakers.
SEC. 404. NATIONAL RESPONSE FUNCTIONS.
(a) In General.--Section 311 of the Federal Water Pollution
Control Act (33 U.S.C. 1321) is amended--
(1) in subsection (a)--
(A) by striking paragraph (23); and
(B) redesignating paragraphs (24) through (26) as
paragraphs (23) through (25), respectively;
(2) in subsection (j)(2), by striking ``National Response
Unit.'' through ``acting through the National Response Unit''
and inserting the following:
``(2) National response functions.--The Secretary of the
department in which the Coast Guard is operating--''; and
(3) in subsection (j)(4)(C)(vi), by striking ``, and into
operating procedures of the National Response Unit''.
(b) Conforming Amendment.--Section 4202(b) of the Oil
Pollution Act of 1990 (33 U.S.C. 1321 note) is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
SEC. 405. NATIONAL RESPONSE CENTER NOTIFICATION REQUIREMENTS.
The Ohio River Valley Water Sanitation Commission,
established pursuant to the Ohio River Valley Water
Sanitation Compact authorized by House Joint Resolution 377,
74th Congress, agreed to June 8, 1936 (49 Stat. 1490), and
consented to and approved by Congress in the Act of July 11,
1940 (54 Stat. 752), is deemed a Government agency for
purposes of the notification requirements of section 103 of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9603). The National Response
Center shall convey notification, including complete and un-
redacted incident reports, expeditiously to the Commission
regarding each release in or affecting the Ohio River Basin
for which notification to all appropriate Government agencies
is required.
SEC. 406. CONFORMING AMENDMENT.
Section 210 of the Coast Guard and Maritime Transportation
Act of 2006 (14 U.S.C. 93 note) is repealed.
TITLE V--SHIPPING AND NAVIGATION
SEC. 501. CENTRAL BERING SEA POTENTIAL PLACE OF REFUGE.
(a) Consultation.--Not later than 1 year after the date of
enactment of this Act, the Commandant of the Coast Guard
shall consult with appropriate Federal agencies and with
State and local interests to determine what improvements, if
any, are necessary to designate existing ice-free facilities
(or infrastructure) in the Central Bering Sea as a fully
functional, year-round Potential Place of Refuge for vessels
with drafts up to 25 feet and lengths overall of up to 450
feet.
(b) Purposes.--The purposes of the consultation under
subsection (a) shall be to enhance safety of human life at
sea and protect the marine environment in the Central Bering
Sea.
(c) Report.--Not later than 90 days after making the
determination under subsection (a), the Commandant shall
inform the Committee on Commerce, Science, and 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. 502. PROTECTION AND FAIR TREATMENT OF SEAFARERS.
(a) In General.--Chapter 111 of title 46, United States
Code, is amended by adding at the end the following:
[[Page S6656]]
``Sec. 11113. Protection and fair treatment of seafarers
``(a) Purpose.--The purpose of this section shall be to
ensure the protection and fair treatment of seafarers.
``(b) Special Fund.--
``(1) Establishment.--There is established in the Treasury
a special fund known as the Support of Seafarers Fund.
``(2) Use of amounts in fund.--The amounts deposited into
the Fund shall be available to the Secretary, without fiscal
year limitation, to--
``(A) pay necessary support under subsection (c)(1); and
``(B) reimburse a shipowner for necessary support under
subsection (c)(2).
``(3) Amounts credited to fund.--Notwithstanding any other
provision of law, the Fund may receive--
``(A) any moneys ordered to be paid to the Fund in the form
of community service under section 8B1.3 of the United States
Sentencing Guidelines Manual or to the extent permitted under
paragraph (4); and
``(B) amounts reimbursed or recovered under subsection (e).
``(4) Prerequisite for community service credits.--The Fund
may receive credits under paragraph (3)(A) if the unobligated
balance of the Fund is less than $5,000,000.
``(5) Authorization of appropriation.--There are authorized
to be appropriated, from the Fund, for each fiscal year such
sums as may be necessary for the purposes set forth in
paragraph (2).
``(6) Report required.--
``(A) In general.--The Secretary shall submit to Congress,
concurrent with the President's budget submission for a given
fiscal year, a report that describes--
``(i) the amounts credited to the Fund under paragraph (3)
for the preceding fiscal year;
``(ii) in detail, the activities for which amounts were
charged; and
``(iii) the projected level of expenditures from the Fund
for the upcoming fiscal year, based on--
``(I) on-going activities; and
``(II) new cases, derived from historic data.
``(B) Exception.--Subparagraph (A) shall not apply to
obligations during the first fiscal year during which amounts
are credited to the Fund.
``(7) Fund manager.--The Secretary shall designate a Fund
manager. The Fund manager shall--
``(A) ensure the visibility and accountability of
transactions utilizing the Fund;
``(B) prepare the report under paragraph (6);
``(C) monitor the unobligated balance of the Fund; and
``(D) provide notice to the Secretary and the Attorney
General whenever the unobligated balance of the Fund is less
than $5,000,000.
``(c) Authority.--The Secretary may--
``(1) pay, from amounts appropriated from the Fund,
necessary support of--
``(A) a seafarer that--
``(i) enters, remains, or is paroled into the United
States; and
``(ii) is involved in an investigation, reporting,
documentation, or adjudication of any matter that is related
to the administration or enforcement of any treaty, law, or
regulation by the Coast Guard; and
``(B) a seafarer that the Secretary determines was
abandoned in the United States; and
``(2) reimburse, from amounts appropriated from the Fund, a
shipowner that has provided necessary support of a seafarer
who has been paroled into the United States to facilitate an
investigation, reporting, documentation, or adjudication of
any matter that is related to the administration or
enforcement of any treaty, law, or regulation by the Coast
Guard, for the costs of necessary support if the Secretary
determines that reimbursement is necessary to avoid serious
injustice.
``(d) Limitation.--Nothing in this section shall be
construed--
``(1) to create a right, benefit, or entitlement to
necessary support; or
``(2) to compel the Secretary to pay or reimburse the cost
of necessary support.
``(e) Reimbursement; Recovery.--
``(1) In general.--A shipowner shall reimburse the Fund an
amount equal to the total amount paid from the Fund for
necessary support of a seafarer plus a surcharge of 25
percent of the total amount if--
``(A) the shipowner--
``(i) during the course of an investigation, reporting,
documentation, or adjudication of any matter that the Coast
Guard referred to a United States Attorney or the Attorney
General, fails to provide necessary support of a seafarer who
was paroled into the United States to facilitate the
investigation, reporting, documentation, or adjudication; and
``(ii) subsequently receives a criminal penalty; or
``(B) the shipowner, under any circumstance, abandons a
seafarer in the United States, as determined by the
Secretary.
``(2) Enforcement.--If a shipowner fails to reimburse the
Fund under paragraph (1), the Secretary may--
``(A) proceed in rem against any vessel of the shipowner in
the Federal district court for the district in which the
vessel is found; and
``(B) withhold or revoke the clearance required under
section 60105 of any vessel of the shipowner wherever the
vessel is found.
``(3) Remedy.--A vessel may obtain clearance from the
Secretary after it is withheld or revoked under paragraph
(2)(B) if the shipowner reimburses the Fund the amount
required under paragraph (1).
``(f) Bond and Surety.--
``(1) Authority.--The Secretary may require a bond or a
surety satisfactory as an alternative to withholding or
revoking clearance under subsection (e) if, in the opinion of
the Secretary, the bond or surety satisfactory is necessary
to facilitate an investigation, reporting, documentation, or
adjudication of any matter that is related to the
administration or enforcement of any treaty, law, or
regulation by the Coast Guard.
``(2) Surety corporations.--A surety corporation may
provide a bond or surety satisfactory under paragraph (1) if
the surety corporation is authorized by the Secretary of the
Treasury under section 9305 of title 31 to provide surety
bonds under section 9304 of title 31.
``(3) Application.--The authority to require a bond or
surety satisfactory or to request the withholding or
revocation of the clearance under subsection (e) applies to
any investigation, reporting, documentation, or adjudication
of any matter that is related to the administration or
enforcement of any treaty, law, or regulation by the Coast
Guard.
``(g) Definitions.--In this section:
``(1) Abandons; abandoned.--The term `abandons' or
`abandoned' means--
``(A) a shipowner's unilateral severance of ties with a
seafarer; or
``(B) a shipowner's failure to provide necessary support of
a seafarer.
``(2) Bond or surety satisfactory.--The term `bond or
surety satisfactory' means a negotiated instrument, the terms
of which may, at the discretion of the Secretary, include
provisions that require a shipowner--
``(A) to provide necessary support of a seafarer who has or
may have information pertinent to an investigation,
reporting, documentation, or adjudication of any matter that
is related to the administration or enforcement of any
treaty, law, or regulation by the Coast Guard;
``(B) to facilitate an investigation, reporting,
documentation, or adjudication of any matter that is related
to the administration or enforcement of any treaty, law, or
regulation by the Coast Guard;
``(C) to stipulate to certain incontrovertible facts,
including the ownership or operation of the vessel, or the
authenticity of documents and things from the vessel;
``(D) to facilitate service of correspondence and legal
papers;
``(E) to enter an appearance in United States district
court;
``(F) to comply with directions regarding payment of funds;
``(G) to name an agent in the United States for service of
process;
``(H) to stipulate in United States district court as to
the authenticity of certain documents;
``(I) to provide assurances that no discriminatory or
retaliatory measures will be taken against a seafarer
involved in an investigation, reporting, documentation, or
adjudication of any matter that is related to the
administration or enforcement of any treaty, law, or
regulation by the Coast Guard;
``(J) to provide financial security in the form of cash,
bond, or other means acceptable to the Secretary; and
``(K) to provide for any other appropriate measures as the
Secretary considers necessary to ensure the Government is not
prejudiced by granting the clearance required under section
60105 of title 46.
``(3) Fund.--The term `Fund' means the Support of Seafarers
Fund established under this section.
``(4) Necessary support.--The term `necessary support'
means normal wages, lodging, subsistence, clothing, medical
care (including hospitalization), repatriation, and any other
expense the Secretary considers appropriate.
``(5) Seafarer.--The term `seafarer' means an alien crewman
who is employed or engaged in any capacity on board a vessel
subject to the jurisdiction of the United States. A seafarer
is a claimant for the purposes of section 30509.
``(6) Shipowner.--The term `shipowner' means an individual
or entity that owns, has an ownership interest in, or
operates a vessel subject to the jurisdiction of the United
States.
``(7) Vessel subject to the jurisdiction of the united
states.--The term `vessel subject to the jurisdiction of the
United States' has the meaning given the term in section
70502(c), except that it excludes--
``(A) a vessel--
``(i) that is owned by the United States, a State or
political subdivision thereof, or a foreign nation; and
``(ii) that is not engaged in commerce; and
``(B) a bareboat--
``(i) that is chartered and operated by the United States,
a State or political subdivision thereof, or a foreign
nation; and
``(ii) that is not engaged in commerce.
``(h) Regulations.--The Secretary may prescribe regulations
to implement this section.''.
(b) Conforming Amendment.--The table of contents for
chapter 111 of title 46, United States Code, is amended by
inserting after the item relating to section 11112 the
following:
``11113. Protection and fair treatment of seafarers.''.
[[Page S6657]]
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Support of Seafarers Fund
$1,500,000 for each of fiscal years 2013 and 2014.
SEC. 503. DELEGATION OF AUTHORITY.
Section 3316 of title 46, United States Code, is 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 the government of a country designated by the
Secretary of State as a State Sponsor of Terrorism.'';
(2) in subsection (d)(2)--
(A) by striking ``and'' at the end of 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 the government of a country designated by the
Secretary of State as a State Sponsor of Terrorism.''; and
(3) by adding at the end the following--
``(e) The Secretary shall revoke an existing delegation
made to a classification society under subsection (b) or (d)
if the Secretary of State determines that the classification
society provides comparable services in or for the government
of a country designated by the Secretary of State as a State
Sponsor of Terrorism.''.
SEC. 504. REPORT ON ESTABLISHMENT OF ARCTIC DEEP WATER PORT.
(a) Study.--The Commandant of the Coast Guard shall conduct
a study on the feasibility and potential of establishing a
deep water sea port in the Arctic to protect and advance
strategic United States interests within the Arctic region.
(b) Scope.--The study under subsection (a) shall include an
analysis of--
(1) the capability that a deep water sea port would
provide;
(2) the potential and optimum locations for the port;
(3) the resources needed to establish the port;
(4) the time frame needed to establish the port;
(5) the infrastructure required to support the port; and
(6) any other issues the Secretary considers necessary to
complete the study.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Commandant shall submit a report
on the findings of the study under subsection (a) to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives.
SEC. 505. RISK ANALYSIS OF TRANSPORTING CANADIAN OIL SANDS.
(a) In General.--The Commandant of the Coast Guard shall
assess the increased vessel traffic in the Salish Sea
(including the Puget Sound, the Strait of Georgia, Haro
Strait, Rosario Strait, and the Strait of Juan de Fuca), that
may occur from the transport of Canadian oil sands oil.
(b) Scope.--The analysis required under subsection (a)
shall, at a minimum, consider--
(1) the extent to which vessel (barge, tanker, and
supertanker) traffic may increase due to Canadian oil sands
development;
(2) whether transport of Canadian oil sands within the
Salish Sea is likely to require navigation through United
States territorial waters;
(3) the rules and regulations that restrict supertanker
traffic in United States waters, including an assessment of
whether there are methods to bypass those rules in such
waterways and adjacent Canadian waters;
(4) the rules and regulations that restrict the amount of
oil transported in tankers or barges in United States waters,
including an assessment of whether there are methods to
bypass those rules in such waterways and adjacent Canadian
waters;
(5) the spill response capability throughout the shared
water of the United States and Canada, 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, which 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 U.S. public
and the private sector of maritime transportation of oil
sands products.
(c) Consultation Requirement.--In conducting the analysis
required under this section, the Commandant shall consult
with the State of Washington and affected tribal governments.
The Commandant is also strongly encouraged to consult with
the Secretary of State.
(d) Report.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall submit a report
based on the analysis required under this section to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives.
SEC. 506. ELIGIBILITY TO RECEIVE SURPLUS TRAINING EQUIPMENT.
Section 51103(b)(2)(C) of title 46, United States Code, is
amended by inserting ``or a training institution that is an
instrumentality of a State, Territory, or Commonwealth of the
United States or District of Columbia or a unit of local
government thereof'' after ``a non-profit training
institution''.
TITLE VI--MARITIME ADMINISTRATION AUTHORIZATION
SEC. 601. SHORT TITLE; AMENDMENT OF TITLE 46, UNITED STATES
CODE.
(a) Short Title.--This title may be cited as the ``Maritime
Administration Authorization Act for Fiscal Year 2013''.
(b) Amendment of Title 46, United States Code.--Except as
otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to,
or a repeal of, a section or other provision, the reference
shall be considered to be made to a section or other
provision of title 46, United States Code.
SEC. 602. MARINE TRANSPORTATION SYSTEM.
(a) Report on Status of System.--Section 50109(d) is
amended to read as follows:
``(d) Marine Transportation System.--
``(1) Report on waterways.--Not later than October 1, 2013,
the Secretary, in consultation with the Secretary of Defense
and the commanding officer of the Army Corps of Engineers,
and with the concurrence of the Secretary of the department
in which the Coast Guard is operating, shall submit a report
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Armed Services and the
Committee on Transportation and Infrastructure of the House
of Representatives on the status of the Nation's coastal and
inland waterways that--
``(A) describes the state of the United States' marine
transportation infrastructure, including intercoastal
infrastructure, intracoastal infrastructure, inland waterway
infrastructure, ports, and marine facilities;
``(B) provides estimates of the investment levels
required--
``(i) to maintain the infrastructure; and
``(ii) to improve the infrastructure; and
``(C) describes the overall environmental management of the
maritime transportation system and the integration of
environmental stewardship into the overall system.
``(2) Marine transportation.--The Secretary may
investigate, make determinations concerning, and develop a
repository of statistical information relating to marine
transportation, including its relationship to transportation
by land and air, to facilitate research, assessment, and
maintenance of the maritime transportation system. As used in
this paragraph, the term `marine transportation' includes
intercoastal transportation, intracoastal transportation,
inland waterway transportation, ports, and marine facilities.
``(3) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary such sums as
may be necessary to carry out this subsection.''.
(b) Container-on-barge Transportation.--
(1) Assessment and report.--Not later than 6 months after
the date of enactment of this Act, the Maritime
Administration shall assess the potential for using
container-on-barge transportation on the inland waterways
system and submit a report, together with the
Administration's findings, conclusions, and recommendations,
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Armed Services and the
Committee on Transportation and Infrastructure of the House
of Representatives. If the Administration determines that it
would be in the public interest, the report may include
recommendations for a plan to increase awareness of the
potential for use of such container-on-barge transportation
and recommendations for the development and implementation of
such a plan.
(2) Factors.--In conducting the assessment, the
Administration shall consider--
(A) the environmental benefits of increasing container-on-
barge movements on our inland and intracoastal waterways
system;
(B) the regional differences in the inland waterways
system;
(C) the existing programs established at coastal and Great
Lakes ports for establishing awareness of deep sea shipping
operations;
(D) the mechanisms to ensure that implementation of the
plan will not be inconsistent with antitrust laws; and
(E) the potential frequency of service at inland river
ports.
SEC. 603. SHORT SEA TRANSPORTATION PROGRAM AMENDMENTS.
(a) Program Purpose.--Section 55601(a) is amended by
inserting ``and to promote more efficient use of the
navigable waters of the United States'' after ``congestion''.
(b) Designation of Routes.--Section 55601(c) is amended by
inserting ``and to promote more efficient use of the
navigable waters of the United States'' after ``coastal
corridors''.
[[Page S6658]]
(c) Project Designation.--Section 55601(d) is amended to
read as follows:
``(d) Project Designation.--The Secretary may designate a
project as a short sea transportation project if the
Secretary determines that the project--
``(1) mitigates landside congestion; or
``(2) promotes more efficient use of the navigable waters
of the United States.''.
(d) Documentation.--Section 55605 is amended by striking
``by vessel'' and inserting ``by a documented vessel''.
SEC. 604. MARITIME ENVIRONMENTAL AND TECHNICAL ASSISTANCE
PROGRAM.
(a) In General.--Chapter 503 is amended by adding at the
end the following:
``Sec. 50307. Maritime environmental and technical assistance
program
``(a) In General.--The Secretary of Transportation may
establish a maritime environmental and technical assistance
program to 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 Untied States registry, and through partnerships and
cooperative efforts with academic, public, private, and non-
governmental entities and facilities.
``(b) Program Requirements.--The program shall--
``(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) be coordinated with the Environmental Protection
Agency, the United States Coast Guard, and other Federal,
State, local, or tribal agencies, as appropriate.
``(c) Program Coordination.--Program 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) Funding and Fees.--
``(1) In general.--In carrying out the maritime
environmental and technical assistance program, the Secretary
of Transportation may apply such funds as may be appropriated
and such funds or resources as may become available by gift,
cooperative agreement, or otherwise, including the collection
of fees, for the purposes of the program and its
administration.
``(2) Establishment of fees.--Pursuant to section 9701 of
title 31, the Secretary of Transportation may promulgate
regulations establishing fees to recover reasonable costs to
the Secretary and to academic, public, and non-governmental
entities associated with the program.
``(3) Fee deposit.--Any fees collected under this section
shall be deposited in a special fund of the United States
Treasury for services rendered under the program, which
thereafter shall remain available until expended to carry out
the Secretary of Transportation's activities for which the
fees were collected.
``(e) Report.--The Secretary of Transportation shall report
on the activities, expenditures, and results of the maritime
environmental and technical assistance program during the
preceding fiscal year in the annual budget submission to
Congress.''.
(b) Conforming Amendment.--The table of contents for
chapter 503 is amended by inserting after the item relating
to section 50306 the following:
``50307. Maritime environmental and technical assistance program.''.
SEC. 605. WAIVER OF NAVIGATION AND VESSEL-INSPECTION LAWS.
Section 501(b) is amended by adding ``A waiver shall be
accompanied by a certification by the individual and the
Administrator to the Committee on Commerce, Science, and
Transportation and the Committee on Armed Services of the
Senate, and the Committee on Transportation and
Infrastructure and the Committee on Armed Services of the
House of Representatives that it is not possible to use a
United States flag vessel or United States flag vessels
collectively to meet the national defense requirements.''
after ``prescribes.''.
SEC. 606. EXTENSION OF MARITIME SECURITY FLEET PROGRAM.
(a) Section 53101 is amended--
(1) by amending paragraph (4) to read as follows:
``(4) Foreign commerce.--The term `foreign commerce'
means--
``(A) commerce or trade between the United States, its
territories or possessions, or the District of Columbia, and
a foreign country; and
``(B) commerce or trade between foreign countries.'';
(2) by striking paragraph (5);
(3) by redesignating paragraphs (6) through (13) as
paragraphs (5) through (12), respectively; and
(4) by amending paragraph (5), as redesignated, to read as
follows:
``(5) Participating fleet vessel.--The term `participating
fleet vessel' means any vessel that--
``(A) on October 1, 2015--
``(i) meets the requirements of paragraph (1), (2), (3), or
(4) of section 53102(c); and
``(ii) is less than 20 years of age if the vessel is a tank
vessel, or is less than 25 years of age for all other vessel
types; and
``(B) on December 31, 2014, is covered by an operating
agreement under this chapter.''.
(b) Section 53102(b) is amended to read as follows:
``(b) Vessel Eligibility.--A vessel is eligible to be
included in the Fleet if--
``(1) the vessel meets the requirements of paragraph (1),
(2), (3), or (4) of subsection (c);
``(2) the vessel is operated (or in the case of a vessel to
be constructed, will be operated) in providing transportation
in foreign commerce;
``(3) the vessel is self-propelled and--
``(A) is a tank vessel that is 10 years of age or less on
the date the vessel is included in the Fleet; or
``(B) is any other type of vessel that is 15 years of age
or less on the date the vessel is included in the Fleet;
``(4) the vessel--
``(A) is suitable for use by the United States for national
defense or military purposes in time of war or national
emergency, as determined by the Secretary of Defense; and
``(B) is commercially viable, as determined by the
Secretary; and
``(5) the vessel--
``(A) is a United States-documented vessel; or
``(B) is not a United States-documented vessel, but--
``(i) the owner of the vessel has demonstrated an intent to
have the vessel documented under chapter 121 of this title if
it is included in the Fleet; and
``(ii) at the time an operating agreement for the vessel is
entered into under this chapter, the vessel is eligible for
documentation under chapter 121 of this title.''.
(c) Section 53103 is amended--
(1) by amending subsection (b) to read as follows:
``(b) Extension of Existing Operating Agreements.--
``(1) Offer to extend.--Not later than 60 days after the
date of enactment of the Maritime Administration
Authorization Act for Fiscal Year 2013, the Secretary shall
offer, to an existing contractor, to extend, through
September 30, 2025, an operating agreement that is in
existence on the date of enactment of that Act. The terms and
conditions of the extended operating agreement shall include
terms and conditions authorized under this chapter, as
amended from time to time.
``(2) Time limit.--An existing contractor shall have not
later than 120 days after the date the Secretary offers to
extend an operating agreement to agree to the extended
operating agreement.
``(3) Subsequent award.--The Secretary may award an
operating agreement to an applicant that is eligible to enter
into an operating agreement for fiscal years 2016 through
2025 if the existing contractor does not agree to the
extended operating agreement under paragraph (2).''; and
(2) by amending subsection (c) to read as follows:
``(c) Procedure for Awarding New Operating Agreements.--The
Secretary may enter into a new operating agreement with an
applicant that meets the requirements of section 53102(c)
(for vessels that meet the qualifications of section
53102(b)) on the basis of priority for vessel type
established by military requirements of the Secretary of
Defense. The Secretary shall allow an applicant at least 30
days to submit an application for a new operating agreement.
After consideration of military requirements, priority shall
be given to an applicant that is a U.S. citizen under section
50501 of this title. The Secretary may not approve an
application without the consent of the Secretary of Defense.
The Secretary shall enter into an operating agreement with
the applicant or provide a written reason for denying the
application.''.
(d) Section 53104 is amended--
(1) in subsection (c), by striking paragraph (3); and
(2) in subsection (e), by striking ``an operating agreement
under this chapter is terminated under subsection (c)(3), or
if''.
(e) Section 53105 is amended--
(1) by amending subsection (e) to read as follows:
``(e) Transfer of Operating Agreements.--A contractor under
an operating agreement may transfer the agreement (including
all rights and obligations under the operating agreement) to
any person that is eligible to enter into the operating
agreement under this chapter if the Secretary and the
Secretary of Defense determine that the transfer is in the
best interests of the United States. A transaction shall not
be considered a transfer of an operating agreement if the
same legal entity with the same vessels remains the
contracting party under the operating agreement.''; and
(2) by amending subsection (f) to read as follows:
``(f) Replacement Vessels.--A contractor may replace a
vessel under an operating agreement with another vessel that
is eligible to be included in the Fleet under section
53102(b), if the Secretary, in conjunction with the Secretary
of Defense, approves the replacement of the vessel.''.
(f) Section 53106 is amended--
[[Page S6659]]
(1) in subsection (a)(1), by striking ``and (C) $3,100,000
for each of fiscal years 2012 through 2025.'' and inserting
the following:
``(C) $3,100,000 for each of fiscal years 2012, 2013, 2014,
2015, 2016, 2017, and 2018;
``(D) $3,500,000 for each of fiscal years 2019, 2020, and
2021; and
``(E) $3,700,000 for each of fiscal years 2022, 2023, 2024,
and 2025.'';
(2) in subsection (c)(3)(C), by striking ``a LASH vessel.''
and inserting ``a lighter aboard ship vessel.''; and
(3) by striking subsection (f).
(g) Section 53107(b)(1) is amended to read as follows:
``(1) In general.--An Emergency Preparedness Agreement
under this section shall require that a contractor for a
vessel covered by an operating agreement under this chapter
shall make commercial transportation resources (including
services) available, upon request by the Secretary of Defense
during a time of war or national emergency, or whenever the
Secretary of Defense determines that it is necessary for
national security or contingency operation (as that term is
defined in section 101 of title 10, United States Code).''.
(h) Section 53109 is repealed.
(i) Section 53111 is amended--
(1) by striking ``and'' at the end of paragraph (2); and
(2) by striking paragraph (3) and inserting the following:
``(3) $186,000,000 for each of fiscal years 2012, 2013,
2014, 2015, 2016, 2017, and 2018;
``(4) $210,000,000 for each of fiscal years 2019, 2020, and
2021; and
``(5) $222,000,000 for each fiscal year thereafter through
fiscal year 2025.''.
(j) Authorization of Appropriations; Maintenance and Repair
Reimbursement Pilot Program.--Section 3517(i) of the Maritime
Security Act of 2003 (46 U.S.C. 53101 note) is amended by
striking ``2011'' and inserting ``2025''.
(k) Effective Date of Amendments.--The amendments made by--
(1) paragraphs (2), (3), and (4) of section 606(a) of this
Act take effect on December 31, 2014; and
(2) section 606(f)(2) of this Act take effect on December
31, 2014.
SEC. 607. MARITIME WORKFORCE STUDY.
(a) Training Study.--The Comptroller General of the United
States shall conduct a study on the training needs of the
maritime workforce.
(b) Study Components.--The study shall--
(1) analyze the impact of training requirements imposed by
domestic and international regulations and conventions,
companies, and government agencies that charter or operate
vessels;
(2) evaluate the ability of the Nation's maritime training
infrastructure to meet the current needs of the maritime
industry;
(3) evaluate the ability of the Nation's maritime training
infrastructure to effectively meet the needs of the maritime
industry in the future;
(4) identify trends in maritime training;
(5) compare the training needs of U.S. mariners with the
vocational training and educational assistance programs
available from Federal agencies to evaluate the ability of
Federal programs to meet the training needs of U.S. mariners;
(6) include recommendations for future programs to enhance
the capabilities of the Nation's maritime training
infrastructure; and
(7) include recommendations for future programs to assist
U.S. mariners and those entering the maritime profession
achieve the required training.
(c) Final Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit a
report on the results of the study to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives.
SEC. 608. MARITIME ADMINISTRATION VESSEL RECYCLING CONTRACT
AWARD PRACTICES.
(a) In General.--Not later than 12 months after the date of
enactment of this Act, the Inspector General of the
Department of Transportation shall conduct an assessment of
the source selection procedures and practices used to award
the Maritime Administration's National Defense Reserve Fleet
vessel recycling contracts. The Inspector General shall
assess the process, procedures, and practices used for the
Maritime Administration's qualification of vessel recycling
facilities. The Inspector General shall report the findings
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.
(b) Assessment.--The assessment under subsection (a) shall
include a review of whether the Maritime Administration's
contract source selection procedures and practices are
consistent with law, the Federal Acquisition Regulations
(FAR), and Federal best practices associated with making
source selection decisions.
(c) Considerations.--In making the assessment under
subsection (a), the Inspector General may consider any other
aspect of the Maritime Administration's vessel recycling
process that the Inspector General deems appropriate to
review.
SEC. 609. REQUIREMENT FOR BARGE DESIGN.
Not later than 9 months after the date of enactment of this
Act, the Administrator of the Maritime Administration shall
complete the design for a containerized articulated barge
identified in the Dual Use Vessel Study carried out by the
Administrator and the Secretary of Defense that is able to
utilize roll-on, roll-off or load-on, load-off technology for
use in marine highway maritime commerce.
TITLE VII--MISCELLANEOUS
SEC. 701. LIMITATION ON AVAILABILITY OF FUNDS FOR PROCUREMENT
OF ALTERNATIVE FUEL.
None of the funds authorized to be appropriated by this Act
or otherwise made available during fiscal year 2013 or 2014
for the Coast Guard may be obligated or expended for the
production or purchase of any alternative fuel if the cost of
producing or purchasing the alternative fuel exceeds the cost
of producing or purchasing a traditional fossil fuel that
would be used for the same purpose as the alternative fuel.
SEC. 702. PASSENGER VESSEL SECURITY AND SAFETY REQUIREMENTS.
(a) Vessel Design, Equipment, Construction, and
Retrofitting Requirements.--Section 3507(a) of title 46,
United States Code, is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``to which this subsection applies'' and inserting ``to which
this section applies'';
(B) in subparagraph (A)--
(i) by striking ``The vessel'' and inserting ``Each
exterior deck of a vessel''; and
(ii) by striking the period at the end and inserting
``unless the height requirement would interfere with the
deployment of a lifesaving device or other emergency
equipment as identified by the Commandant.''; and
(C) in subparagraph (B), by striking ``entry doors that
include peep holes or other means of visual identification.''
and inserting ``an entry door that includes a peep hole or
other means of visual identification that provides an
unobstructed view of the area outside the stateroom or crew
cabin. For purposes of this subparagraph, the addition of an
optional privacy cover on the interior side of the entry
shall not in and of itself constitute an obstruction.''; and
(2) in paragraph (3)--
(A) by striking ``subparagraph (B)'' in subparagraph (A)
and inserting ``subparagraphs (B) and (C)''; and
(B) by adding at the end the following:
``(C) Ship rail, entry door, and technology requirements.--
The requirements of subparagraphs (A) and (B) of paragraph
(1) take effect on the date of enactment of the Coast Guard
Authorization Act of 2012.''.
(b) Video Recording.--Section 3507(b)(1) of title 46,
United States Code, is amended to read as follows:
``(1) Requirement to maintain surveillance.--
``(A) In general.--The owner of a vessel to which this
section applies shall maintain a video surveillance system to
assist in documenting crimes on the vessel and in providing
evidence for the prosecution of such crimes, as determined by
the Secretary.
``(B) Assessment.--Not later than 120 days after the date
of enactment of the Coast Guard Authorization Act of 2012,
the owner of a vessel to which this section applies shall
perform and submit to the Commandant a criminal and passenger
safety risk assessment to determine the appropriate placement
of video surveillance equipment on the vessel. The assessment
shall require consideration of camera placement in areas
where video surveillance may assist in documenting crimes on
the vessel and in providing evidence of such crimes. The
assessment shall make recommendations as to the appropriate
placement of video surveillance equipment throughout the
vessel, including passenger and crew common areas where there
is no expectation of privacy, as to the frequency or
infrequency of crimes in areas of the vessel, and as to the
use of cameras in areas of perceived higher risk. The
Commandant shall have authority to review, modify, and
require modifications to the assessment to provide for
additional video coverage of a vessel.
``(C) Interim retention requirements.--The owner of a
vessel to which this section applies shall retain all video
images for a voyage for not less than 10 days after the date
that the images are recorded. If an incident described in
subsection (g)(3)(A)(i) is alleged and reported to law
enforcement, all video images for a voyage that the Federal
Bureau of Investigation determines relevant shall--
``(i) be provided to the Federal Bureau of Investigation;
and
``(ii) be preserved by the vessel owner for not less than 3
years from the date of the Federal Bureau of Investigation's
determination.
``(D) Retention requirements.--Not later than 3 years after
the date of enactment of the Coast Guard Authorization Act of
2012, the Commandant, in consultation with the Federal Bureau
of Investigation, shall promulgate standards for the
retention of video surveillance records. The Commandant shall
consider factors that would aid in the investigation of
serious crimes, including crimes that go unreported until
after the completion of a voyage. The Commandant shall
consider the different types of video surveillance systems
and storage requirements in creating standards both for
vessels currently in operation and for vessels newly
built.''.
(c) Sexual Assault.--Section 3507(d)(1) of title 46, United
States Code, is amended by
[[Page S6660]]
inserting ``(taking into consideration the length of the
voyage and the number of passengers and crewmembers that the
vessel can accommodate)'' after ``a sexual assault''.
(d) Crew Access to Passenger Staterooms.--Section
3507(f)(2) of title 46, United States Code, is amended by
striking ``are fully and properly implemented and
periodically reviewed.'' and inserting ``are fully and
properly implemented, reviewed annually, and updated as
necessary.''.
(e) Log Book and Reporting Requirements.--Section 3507(g)
of title 46, United States Code, is amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--The owner of a vessel to which this
section applies shall--
``(A) record in a log book, either electronically or
otherwise, a report on--
``(i) all complaints of crimes described in paragraph
(3)(A)(i);
``(ii) all complaints of theft of property valued in excess
of $1,000; and
``(iii) all complaints of other crimes committed on any
voyage that embarks or disembarks passengers in the United
States; and
``(B) make the log book and all entries therein available,
whether the log book and entries are maintained onboard the
vessel or at a centralized location off the vessel, upon
request to--
``(i) any agent of the Federal Bureau of Investigation
performing official duties in the course and scope of an
investigation;
``(ii) any member of the United States Coast Guard
performing official duties in the course and scope of an
investigation; and
``(iii) any law enforcement officer performing official
duties in the course and scope of an investigation.'';
(2) in paragraph (3)(A)--
(A) in clause (i), by striking ``as soon as possible after
the occurrence on board the vessel of an incident'' and
inserting ``not later than 24 hours after the vessel is
notified of an incident on board the vessel''; and
(B) in clause (ii), by striking ``the incident'' and
inserting ``each incident under clause (i), including the
details under paragraph (2),''; and
(3) in paragraph (4)--
(A) by amending subparagraph (A) to read as follows:
``(A) Website.--
``(i) In general.--The Secretary shall maintain a
statistical compilation of all incidents described in
paragraph (3)(A)(i) on an Internet site that provides a
numerical accounting of the missing persons and alleged
crimes recorded in each report filed under paragraph
(3)(A)(i). Each such incident shall be included in the
statistical compilation regardless of whether the incident is
under investigation by the Federal Bureau of Investigation or
not, unless the Bureau determines through the investigative
process the report to be unfounded. If determined to be
unfounded, the incident shall not be included in the
statistical compilation or shall be removed when the
determination is made. The data shall be updated no less
frequently than quarterly, aggregated by cruise line, each
cruise line shall be identified by name and each crime and
alleged crime shall be identified as to whether it was
committed or allegedly committed by a passenger or crew
member and against a passenger or crew member. The Secretary
shall also include on the Internet site a rate of crime,
comparable to that provided under the Uniform Crime Reporting
Program, as determined by the Federal Bureau of
Investigation. The rate shall take into account the total
number of passengers and crew members carried by each
reporting cruise line on voyages that embark or disembark in
the United States during the reporting period, and shall be
adjusted by the Bureau to reflect the average length of time
such persons were on board, as documented to the Secretary by
each reporting cruise line.
``(ii) Definition of unfounded.--For purposes of this
subparagraph, the term `unfounded' means an allegation that
is determined through the course of an investigation to be
false or baseless.'';
(B) by redesignating subparagraph (B) as subparagraph (C);
(C) by inserting after subparagraph (A) the following:
``(B) Reports of incidents.--The Federal Bureau of
Investigation shall furnish quarterly to the Secretary, the
Committee on Commerce, Science, and Transportation and the
Committee on Judiciary of the Senate, and the Committee on
Transportation and Infrastructure and the Committee on
Judiciary of the House of Representatives a numerical
accounting of each incident reported to a Federal Bureau of
Investigation Field Office under paragraph (3)(A)(i) that
quarter.''; and
(D) in subparagraph (C), as redesignated--
(i) by striking ``taking on or discharging'' and inserting
``that takes on or discharges''; and
(ii) by striking ``a link'' and inserting ``, on any
Internet site that the cruise line maintains to purchase or
book cruises on any vessel that the cruise line owns or
operates, and to which this section applies, a prominently
accessible link''.
(f) Procedures.--Section 3507(i) of title 46, United States
Code, is amended by striking ``Within 6 months after the date
of enactment of the Cruise Vessel Security and Safety Act of
2010, the'' and inserting ``The''.
(g) Regulations.--Section 3507(j) of title 46, United
States Code, is amended by striking ``shall each'' and
inserting ``are authorized each to''.
(h) Definitions.--Section 3507(l) of title 46, United
States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting before paragraph (3), as redesignated, the
following:
``(2) Exterior deck.--The term `exterior deck' means any
exterior weather deck on which a passenger may be present,
including passenger stateroom balconies, exterior promenades
on passenger decks, muster stations, and similar exterior
weather deck areas.''; and
(3) by adding at the end the following:
``(4) Time-sensitive key technology.--The term `time-
sensitive key technology' means an electronic lock or key, or
both that may be programmed to prohibit a person that lacks
permission to enter a guest stateroom or crew cabin.''.
SEC. 703. OIL SPILL LIABILITY TRUST FUND INVESTMENT AMOUNT.
Not later than 30 days after the date of enactment of this
Act, the Secretary of the Treasury shall increase the amount
invested in income producing securities under section 5006(b)
of the Oil Pollution Act of 1990 (33 U.S.C. 2736(b)) by
$12,851,340.
SEC. 704. VESSEL DETERMINATIONS.
(a) Vessels Deemed New Vessels.--The vessel with United
States official number 981472 and the vessel with United
States official number 988333 shall each be deemed to be a
new vessel effective on the date of delivery after January 1,
2008, from a privately owned United States shipyard if no
encumbrances are on record with the United States Coast Guard
at the time of the issuance of the new vessel certificate of
documentation for each vessel.
(b) Safety Inspection.--Each vessel under subsection (a)
shall be subject to the vessel safety and inspection
requirements of title 46, United States Code (as in effect on
the day before the date of enactment of this Act), applicable
to any such vessel.
SEC. 705. ALTERATION OF BRIDGE OBSTRUCTING NAVIGATION.
(a) Requirement to Commence Administrative Review.--Not
later than 15 days after the date of enactment of this Act,
the Secretary of the department in which the Coast Guard is
operating shall certify to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives that the Coast Guard has commenced the
required interagency administrative review of the pending
proposal to alter the bridge that is unreasonably obstructing
navigation and that spans the Kill Van Kull, connecting
Bayonne, New Jersey, and Staten Island, New York.
(b) Expedited Process.--The Commandant--
(1) shall expedite the interagency administrative review
under subsection (a); and
(2) may use any resources offered to the Coast Guard by the
bridge owner for the purpose of paragraph (1).
(c) Deadline for Completion.--Not later than November 30,
2012, the Coast Guard shall complete the interagency
administrative review under subsection (a).
SEC. 706. NOTICE OF ARRIVAL.
The regulations required under section 109(a) of the
Security and Accountability For Every Port Act of 2006 (33
U.S.C. 1223 note) dealing with notice of arrival 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. 707. WAIVERS.
(a) F/V TEXAS STAR CASINO.--Notwithstanding subchapter II
of chapter 121 and chapter 551 of title 46, United States
Code, the Secretary of the department in which the Coast
Guard is operating may issue a fishery endorsement and a
license under chapter 121 for the fishing vessel TEXAS STAR
CASINO (IMO number 7722047).
(b) RANGER III.--Section 3703a of title 46, United States
Code, does not apply to the passenger vessel RANGER III
(United States official number 277361), so long as it is
owned and operated by the National Park Service.
SEC. 708. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010 (2
U.S.C. 931 et seq.), shall be determined by reference to the
latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the
Congressional Record by the Chairman of the Senate Budget
Committee, provided that such statement has been submitted
prior to the vote on passage.
SEC. 709. TECHNICAL AMENDMENTS.
(a) Continuation on Active Duty.--Section 290(a) of title
14, United States Code, is amended in the second sentence by
striking ``in the grade of vice admiral'' and inserting ``in
or above the grade of vice admiral''.
(b) Failure of Selection and Removal From Active Status.--
Section 740(d) of title 14, United States Code, is amended by
striking ``that appointment'' and inserting ``that Reserve
appointment''.
(c) Table of Contents.--The table of contents for chapter
17 of title 14, United States Code, is amended--
(1) by striking the item relating to section 669 and
inserting the following:
``669. Telephone installation and charges.''; and
[[Page S6661]]
(2) by striking the item relating to section 674 and
inserting the following:
``674. Small boat station rescue capability.''.
(d) 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''.
______Legislative Activity
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Senate amendment submitted
September 22, 2012
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Senate amendment submitted
September 22, 2012
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Senate amendment agreed to: Amendment SA 2867 agreed to in Senate by Unanimous Consent.
September 22, 2012
Floor
Senate amendment proposed (on the floor): Amendment SA 2867 proposed by Senator Pryor for Senator Rockefeller.(consideration: CR 9/21/2012 S6673)
September 22, 2012
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Amendment SA 2867 proposed by Senator Pryor for Senator Rockefeller. (consideration: CR 9/21/2012 S6673) In the nature of a substitute.
September 22, 2012
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Amendment SA 2867 agreed to in Senate by Unanimous Consent.
September 22, 2012