Coast Guard and Maritime Transportation Act of 2012

(This measure has not been amended since it was amended by the House on December 5, 2012. The summary of that version is repeated here.)

Coast Guard and Maritime Transportation Act of 2012 - Title I: Authorization - (Sec. 101) Authorizes FY2013-FY2014 appropriations for the Coast Guard for: (1) operation and maintenance; (2) acquisition, construction, rebuilding, and improvement of navigation aids, shore and offshore facilities, vessels, aircraft, and related equipment; (3) the Coast Guard Reserve program; (4) environmental compliance and restoration of vessels, aircraft, and facilities; (5) 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 in search and rescue, aids to navigation, marine safety, marine environmental protection, enforcement of laws and treaties, ice operations, oceanographic research, and defense readiness; and (6) alteration or removal of bridges over U.S. navigable waters, including for personnel and administrative costs of the Alteration of Bridges Program.

Designates amounts from the Oil Spill Liability Trust Fund to carry out specified provisions of the Oil Pollution Act of 1990.

(Sec. 102) Authorizes, for each such fiscal year, end-of-year strength for active duty personnel of 47,000 and specified average military training student loads.

Title II: Coast Guard - (Sec. 201) Establishes a class E felony and a civil penalty for knowingly and willingly operating a device with the intention of interfering with the broadcast or reception of a radio, microwave, or other signal (including a global positioning system) transmitted, retransmitted, or augmented by the Coast Guard for the purpose of maritime safety.

(Sec. 202) Allocates and vests in the Coast Guard and the department in which the Coast Guard is operating all authority (including programmatic budget authority) for the operation and maintenance of Coast Guard vessels, aircraft, systems, aides to navigation, infrastructure, and other assets or facilities.

(Sec. 203) Limits to $100,000 per fiscal year the amount the Commandant is authorized to use for the activities of traveling contract teams, maritime authority liaison teams of foreign governments making reciprocal visits to Coast Guard units, and related seminars, conferences, publication distributions, and personnel expenses.

(Sec. 204) Entitles foreign nationals permitted to receive instruction at the Coast Guard Academy to the same emoluments (in addition to pay and allowances) as other appointed cadets.

(Sec. 205) Requires the Commandant to direct the Superintendent of the Coast Guard Academy to: (1) prescribe a policy on sexual harassment and sexual violence for cadets and other Academy personnel; (2) conduct an annual assessment to determine the effectiveness of such policies, training, and procedures; and (3) report annually, along with a prevention and response plan, on the number of such incidents.

Directs the Commandant to transmit such reports to Congress, together with comments by the Commandant.

(Sec. 206) Specifies that an original appointment of a permanent commissioned officer refers to that member's most recent appointment that is neither a promotion nor a demotion.

(Sec. 207) Modifies the oath for members of a selection board.

(Sec. 208) Requires the Secretary of the department in which the Coast Guard is operating (the Secretary) to convene a special selection board if an administrative error results in an officer or former officer: (1) not being considered for selection for promotion by a selection board, or (2) not being placed on an all-fully-qualified-officers list. Authorizes the Secretary to also convene such a special selection board for an officer or former officer considered but not selected for promotion if the selection board: (1) acted contrary to law in a matter material to the decision or with the involvement of material factual or administrative error, or (2) did not have material information before it for consideration.

Authorizes judicial review of: (1) a decision of the Secretary not to convene a special selection board, and (2) an action of a special selection board.

(Sec. 209) Prohibits the Secretary from authorizing certain involuntary administrative separations for Coast Guard members based on medical conditions considered by the Physical Evaluation Board during an evaluation resulting in the individual being determined fit for duty.

Authorizes the Secretary to require reevaluations if the Secretary determines there is reason to believe a medical condition renders the individual unsuitable for continued duty.

Permits the retirement or separation for physical disability of an individual determined to be unfit based on such a reevaluation.

(Sec. 210) Directs the Secretary to report biennially to Congress on the status of all major acquisition programs with a life-cycle cost estimate of at least $300 million. Requires such report to include: (1) any mission hour gaps and program changes; (2) an integration plan for each new asset, including shore-based infrastructure and human resource needs; (3) the operational lifespan and life-cycle cost of each legacy asset including anticipated resource gaps; (4) the accounting for legacy asset costs; (5) an annual performance comparison of new assets to legacy assets; (6) the next fiscal year's anticipated acquisitions workload, acquisition workforce assignments, and understaffed positions; (7) an identification of certified cutters not maintained in class; and (8) other specified information.

(Sec. 211) Authorizes the Commandant to enter into contracts or orders for materials, storage, and planning in advance of a contract or order for construction of a vessel. Permits the Commandant to give priority to persons who manufacture materials, parts, and components in the United States.

(Sec. 212) Prohibits the Secretary from, subject to congressional reporting requirements, expending more than $1.5 million each fiscal year from amounts available for operating expenses for minor construction and improvement projects at any location.

Directs the Secretary to report annually to Congress on each such project expending over $500,000.

(Sec. 213) Directs the Commandant, concurrent with the President's budget submission to Congress each year, to submit to Congress a list of unfunded priorities, a capital investment plan including estimated completion costs and projected funding levels for each capital asset for which appropriations are proposed, and a prioritized list of projects eligible for environmental compliance and restoration funding.

(Sec. 214) Sets forth guidelines for publicly disclosing records and investigation reports concerning aircraft accidents under the Commandant's jurisdiction. Prohibits: (1) an official responsible for, or conducting, a safety investigation from making such disclosures; and (2) accident investigators' opinions set forth in such reports from being considered in civil and criminal proceedings or as an admission of liability.

(Sec. 215) Extends eligibility for enrollment in the Coast Guard Auxiliary to U.S. nationals and aliens lawfully admitted for permanent residence.

(Sec. 216) Repeals provisions concerning: (1) District Ombudsmen, (2) Federal Aviation Administration (FAA) aids to air navigation, (3) floating ocean stations, (4) detail of Coast Guard members to assist foreign governments, (5) the Advisory Committee to the Academy, and (6) history fellowships.

(Sec. 217) Makes technical revisions to various Coast Guard duties. Revises authorities relating to a prohibition on the use of lead system integrators and a Comptroller General report on former Coast Guard officials employed by Coast Guard contractors.

(Sec. 218) Revises the acquisition workforce expedited hiring authority in the Coast Guard Authorization Act of 2010 to: (1) authorize the Commandant to designate any category of specified acquisition workforce positions as positions for which there is a shortage of candidates or a critical hiring need, and (2) extend such authority to September 30, 2015.

(Sec. 219) Renews temporary early retirement authority for certain Coast Guard personnel for FY2013-FY2018. Sets limits on the total number of commissioned officers and enlisted members who may retire pursuant to such authority.

(Sec. 220) Directs the Commandant to maintain the schedule and requirements for the total acquisition of 180 boats specified in the approved program of record for the Response Boat-Medium acquisition program in effect on June 1, 2012, until the Commandant submits to Congress the documentation required to justify the acquisition of less than 180 boats.

(Sec. 221) Authorizes the Secretary, in each fiscal year and after submitting specified certifications to Congress, to enter into a multiyear contract for the procurement of National Security Cutters and associated government-furnished equipment.

Requires the Secretary consider specified criteria to determine whether such a contract results in substantial savings.

Prohibits the Commandant from certifying a sixth National Security Cutter as Ready for Operations before the Commandant has: (1) submitted a program execution plan to Congress specifying how the first three National Security Cutters will achieve certain goals following the completion of the Structural Enhancement Drydock Availability of the first two National Security Cutters and detailing increased aerial support coverage, and (2) awarded a design and construction contract for the Offshore Patrol Cutter.

(Sec. 222) Directs the Secretary to conduct a business-case analysis for reactivating and extending the service life of the Polar Sea until at least September 30, 2022, to maintain U.S. polar icebreaking capabilities and fulfill the Coast Guard's high-latitude mission needs during the recapitalization of the polar class icebreaker fleet. Prohibits the removal of any part of the Polar Sea until the Secretary submits such analysis to Congress.

Requires the Secretary, if it is cost-effective to reactive the Polar Sea compared with other options for providing icebreaking services, to submit to Congress a service life extension plan including a timetable for such reactivation.

Authorizes the Commandant, if the Secretary determines that reactivation is not cost-effective, to decommission the Polar Sea. Directs the Commandant, after the Secretary makes such determination, to submit to Congress a bridging strategy for maintaining polar icebreaking services until at least September 30, 2022.

Prohibits the Commandant, until September 30, 2022, except with respect to an authorized decommissioning of the Polar Sea, from: (1) transferring, relinquishing ownership, dismantling, or recycling the Polar Sea or Polar Star; (2) changing the current homeport of such vessels; or (3) expending funds to place either vessel in inactive status or taking other specified decommissioning measures.

Title III: Shipping and Navigation - (Sec. 301) Amends federal shipping laws that require a determination by the Administrator of the Maritime Administration regarding the non-availability of qualified U.S. flag capacity to meet national defense requirements before the head of an agency responsible for the administration of navigation or vessel-inspection laws is authorized on its own initiative to waive compliance with such laws when it considers it necessary in the interest of national defense. Requires the Administrator, in making such determinations, to: (1) identify any actions that could be taken to enable such flag capacity to meet the national defense requirements, (2) provide notice of each determination to the Department of Transportation (DOT) and the agency for which the determination is made, and (3) publish each determination on DOT's Internet website.

Directs the head of each such agency to notify Congress of any waiver requests or issuances. Requires the notification of the issuance of a waiver to include the reasons why: (1) the waiver is necessary, and (2) specified actions are not feasible.

(Sec. 302) Shields an entity operating a nonfederal vessel traffic information or advisory service pursuant to a written agreement with the Coast Guard, and any pilot acting on behalf of such entity, from liability for damages caused by or related to information, advice, or communication assistance unless the acts or omissions constitute gross negligence or willful misconduct.

(Sec. 303) Directs the Commandant to report to Congress on the carriage of survival craft that ensures no part of an individual is immersed in water.

(Sec. 304) Requires, before the Secretary may delegate to a foreign classification society the authority to conduct examinations and approve plans for issuing certificates of inspection, compliance, and other documents regarding certain vessels, a determination by the Secretary of State that such society does not provide comparable services in or for a state sponsor of terrorism. Requires the revocation of a delegation if the Secretary of State makes such a determination.

(Sec. 305) Directs the Secretary to examine at dockside certain uninspected fishing industry vessels at least once every five years (currently, every two years).

Revises certification and compliance requirements based on whether certain vessels were built before or after July 1, 2013 (currently, the applicable date is July 1, 2012).

(Sec. 306) Authorizes the Secretary to extend for up to one year a medical certificate issued to an individual holding a license, merchant mariner's document, or certificate of registry if the extension is required to eliminate a backlog in processing applications for medical certificates or in response to a national emergency or natural disaster.

(Sec. 307) Modifies fishery endorsement eligibility requirements for certain vessels under the American Fisheries Act.

(Sec. 308) Authorizes the Secretary to conduct investigations and inspections regarding the documentation of vessels.

(Sec. 309) Increases the civil penalty for certain documentation violations from $10,000 to $15,000. Establishes a civil penalty of the greater of $25,000 or twice the vessel's charter rate for certain violations involving mobile offshore drilling units.

(Sec. 310) Establishes a U.S. Committee on the Marine Transportation System as a federal interagency coordinating committee to assess the adequacy of the marine transportation system, promote integration with other modes of transportation and uses of the marine environment, and coordinate federal policy recommendations.

Requires the Chair of the Coordinating Board of the Committee to rotate annually among the DOT Secretary, the Secretary of Defense (DOD), the Secretary of Homeland Security (DHS), and the Secretary of Commerce. Directs the DOT Secretary to appoint an Executive Director.

Directs the Committee to report to Congress every five years on: (1) the implementation of actions recommended in the July 2008 National Strategy for the Marine Transportation System, (2) an assessment of marine transportation system conditions and challenges to meeting user demand, and (3) a plan for improving the system and the implementation of actions previously recommended.

(Sec. 312) Expands the definition of "deepwater port" to include certain structures handling oil or natural gas for transportation to or from any state (currently, only to any state).

Title IV: Maritime Administration Authorization - Maritime Administration Authorization Act for Fiscal Year 2013 - (Sec. 402) Authorizes FY2013 appropriations to the DOT for Maritime Administration programs associated with maintaining national security aspects of the merchant marine. Enumerates specific amounts for: (1) operations of the U.S. Merchant Marine Academy, (2) state maritime academies, (3) disposal of vessels in the National Defense Reserve Fleet (NDRF), (4) maintenance and preservation of a U.S.-flag merchant marine for national security needs, and (5) the cost of certain loan guarantees under the Federal Credit Reform Act of 1990.

(Sec. 403) Authorizes the DOT Secretary to engage in the environmental study 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 U.S. registry and through partnerships and cooperative efforts with academic, public, private, and nongovernmental entities and facilities. Permits such research to include the reduction of air or water emissions or other ship discharges, increases in fuel economy or use of alternative fuels and energy, or controlling aquatic invasive species.

(Sec. 404) Expands an authorization to make excess or surplus marine equipment available to maritime academies and nonprofit training institutions to include training institutions that are an instrumentality of a state, the District of Columbia, a territory or possession of the United States, or a unit of local government. Permits fuel to be included in such arrangements.

Requires the consent of the Secretary of the Navy to be obtained with respect to any property from NDRF vessels, if such vessels are either Ready Reserve Force vessels or other NDRF vessels determined to be of sufficient value to the Navy to warrant further preservation and retention.

(Sec. 405) Expands the DOT's short sea transportation program (currently, a program to mitigate landside congestion) to include the promotion of such transportation.

Permits (currently, requires) the development of multistate, state, and regional strategies to encourage the use of short sea transportation for passengers and cargo.

(Sec. 406) Limits the placement of vessels acquired by the Maritime Administration in the NDRF to vessels of at least 1,500 gross tons or other vessels the DOT determines appropriate.

(Sec. 407) Authorizes all federal entities to transfer vessels to the NDRF without reimbursement subject to the approval of the DOT Secretary and the Secretary of the Navy with respect to Ready Reserve Force vessels and the DOT Secretary with respect to all other vessels.

(Sec. 409) Specifies that the mission of the Maritime Administration is to foster, promote, and develop the domestic merchant maritime industry of the United States.

(Sec. 410) Amends the Merchant Ship Sales Act of 1946 to require the DOT Secretary to conduct sea trials on NDRF vessels at a frequency considered by the DOT Secretary to be necessary (currently, at least once every 30 months).

(Sec. 411) Directs the Administrator of the Maritime Administration to complete the design for a containerized articulated barge identified in the dual-use vessel study carried out by the Administrator and the DOD Secretary that is able to utilize roll-on/roll-off or load-on/load-off technology in marine highway maritime commerce.

(Sec. 412) Directs the Administrator of the Maritime Administration to report to Congress on the potential for using container-on-barge transportation in short sea transportation.

(Sec. 413) Expresses the sense of Congress that the DOD Secretary should expedite completion of the study of U.S. strategic ports called for in the conference report accompanying the National Defense Authorization Act for Fiscal Year 2012 so that it can be submitted to Congress before July 1, 2013. Directs the Comptroller General to assess such report and conduct a subsequent study of DOD programs and efforts related to the state of strategic ports with respect to DOD's operational and readiness requirements.

Defines "strategic port" as a U.S. port designated by the DOD Secretary as a significant transportation hub important to the readiness and cargo throughput capacity of DOD.

(Sec. 414) Directs the Comptroller General to report on the training needs of the maritime workforce including an analysis of maritime training requirements imposed by domestic and international regulations and conventions, companies, and government agencies chartering or operating vessels.

(Sec. 415) Directs the Comptroller General to assess the source selection procedures and practices used to award the Maritime Administration's NDRF vessel recycling contracts.

Title V: Piracy - Piracy Suppression Act of 2012 - (Sec. 502) Directs the DOT Secretary to certify a training curriculum for U.S. mariners on the use of force against pirates including information on Commandant-designated high-risk waters, current threats and patterns of attack, defense tactics, rules for the use of force as self-defense, and procedures to improve crewmember survivability if captured or taken hostage by pirates.

(Sec. 503) Requires the DOT Secretary to direct agencies (except DOD), when responsible for the carriage of equipment, materials, or commodities procured, furnished, or financed by the U.S. government, to: (1) provide armed personnel aboard the U.S. vessels transiting such supplies in high-risk waters; and (2) reimburse, subject to the availability of appropriations, the vessel owners or operators for the cost of providing such armed personnel.

(Sec. 504) Directs the DOD Secretary to report to Congress on actions taken by the DOD to protect foreign-flagged vessels from acts of piracy on the high seas.

Title VI: Marine Debris - Marine Debris Act Amendments of 2012 - (Sec. 602) Renames the Marine Debris Research, Prevention, and Reduction Act as the Marine Debris Act.

Defines "marine debris" as any persistent solid material that is manufactured or processed and directly or indirectly, intentionally or unintentionally, disposed of or abandoned into the marine environment or the Great Lakes.

(Sec. 604) Replaces the Marine Debris Prevention and Removal Program within the National Oceanic and Atmospheric Administration (NOAA) with a Marine Debris Program to identify, determine sources of, assess, prevent, reduce, and remove marine debris and its adverse impacts on the U.S. economy, the marine environment, and navigation safety.

Revises Program components, including by requiring the NOAA to 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.

Directs the NOAA to develop interagency plans, coordinated with state, tribal, and local governments, for the timely response to severe marine debris events.

Defines "severe marine debris event" as atypically large amounts of marine debris caused by a natural disaster, including a tsunami, flood, landslide, hurricane, or other source.

Amends the Marine Plastic Pollution Research and Control Act of 1987 to repeal the plastic pollution public education program.

(Sec. 606) Replaces provisions of the Marine Debris Program concerning interagency coordination with provisions establishing the Interagency Marine Debris Coordinating Committee.

Requires the Committee to submit biennial progress reports.

(Sec. 607) Requires the NOAA Administrator to ensure the confidentiality of information submitted into the federal information clearinghouse on marine debris. (Currently, the Administrator is required to ensure the confidentiality of only such information that is submitted by the fishing industry.)

(Sec. 609) Directs the NOAA to provide Congress with a determination as to whether the March 2011 Tohoku earthquake and subsequent tsunami and the October 2012 hurricane Sandy each caused a severe marine debris event.

Title VII: Miscellaneous - (Sec. 701) Permits certain U.S. purse seine fishing vessels fishing exclusively for highly migratory species in the treaty area under a fishing license issued pursuant to the 1987 Treaty on Fisheries Between the Governments of Certain Pacific Islands States and the Government of the United States of America, or transiting to or from the treaty area exclusively for such purpose, to engage duly licensed foreign citizens to meet the manning requirement (except for the master) through the date such treaty ceases to have effect under specified articles of such treaty, if no U.S. citizen personnel are readily available to fill such vacancy.

Expands such authority to vessels operating in and out of Guam (currently, only American Samoa).

Modifies related licensing and credential requirements.

(Sec. 703) Extends, until December 18, 2014, provisions prohibiting the Environmental Protection Agency (EPA), or a state with an approved National Pollutant Discharge Elimination System (NPDES) permit program under the Federal Water Pollution Control Act (commonly known as the Clean Water Act), from requiring an NPDES permit for a covered vessel (a vessel that is less than 79 feet in length or a fishing vessel) for any discharge: (1) of effluent from properly functioning marine engines; (2) of laundry, shower, and galley sink wastes; or (3) that is incidental to the normal operation of a covered vessel.

(Sec. 704) Prohibits notice of arrival regulations required under the Security and Accountability For Every Port Act of 2006 for foreign vessels on the Outer Continental Shelf from applying to certain U.S.-owned vessels that are not documented under foreign laws unless such vessels arrive from a foreign port or place.

(Sec. 705) Permits the Secretary to issue a certificate of documentation with a fishery endorsement for the vessel Texas Star Casino, except that such endorsement is not valid for any fishery for which a fishery management plan has been approved by the Secretary of Commerce under specified provisions of the Magnuson-Stevens Fishery Conservation and Management Act before the enactment of this Act.

Exempts the passenger vessel Ranger III from specified tank vessel construction standards during any period it is owned and operated by the National Park Service.

(Sec. 706) Deems the Ohio River Valley Water Sanitation Commission a government agency for purposes of specified notification requirements of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Requires the National Response Center to notify and report to the Commission regarding the Ohio River Basin.

(Sec. 707) Deems two numbered vessels to be new vessels 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 such vessel.

(Sec. 708) Declares that the waters of Mille Lacs Lake, Minnesota, are not subject to U.S. jurisdiction under federal laws addressing the Coast Guard's enforcement duties.

(Sec. 709) Directs the DHS Secretary to reform the transportation worker identification credentialing process to require, in total, a maximum of one in-person visit to a designated enrollment center except in extenuating circumstances.

(Sec. 710) Directs the Secretary of the Treasury to increase investments in income-producing securities under specified provisions of the Oil Pollution Act of 1990 by a specified amount.

(Sec. 711) Authorizes the Commandant to establish an Integrated Cross-Border Maritime Law Enforcement Operations Program to coordinate the maritime security operations of the United States and Canada, strengthen border security, and respond to terrorism and border-related violations of law.

Provides authority for joint training with Canada and coordination with DHS border security and antiterrorism programs.

(Sec. 712) Allows the Secretary (for purposes of reviewing a permit application pursuant to specified provisions of the Rivers and Harbors Appropriation Act of 1899, the Bridge Act of 1906, the Truman-Hobbs Act, or the General Bridge Act of 1946) to: (1) accept voluntary services from bridge owners, and (2) accept and credit to Coast Guard operating expenses any amounts received from such owners.

Directs the Secretary to complete determinations on any required approval for issuance of any permits under its jurisdiction related to the construction or alteration of a bridge over the Kill Van Kull (a tidal strait connecting Bayonne, New Jersey, and Staten Island, New York) consistent with Executive Order 13604 from March 22, 2012.

(Sec. 713) Permits the Secretary to consider the tonnage measurements for the vessel Aqueos Acadian to be valid until a specified date if the vessel and the use of its space is not changed in a way substantially affecting the tonnage of the vessel.

(Sec. 714) Directs the Commandant to submit to Congress an assessment of the impact of additional regulatory requirements imposed on passenger vessels operating on the Ringo Cocke Canal in the state of Louisiana as a result of the Coast Guard's navigability determination dated March 25, 2010.

Prohibits the Commandant, before a specified period after such assessment is submitted, from enforcing such regulatory requirements.

(Sec. 715) Requires the Commandant to submit to Congress the Coast Guard's National Housing Assessment and any related analysis.

(Sec. 716) Directs the Secretary to submit to Congress an assessment of the need for additional Coast Guard prevention and response capability in the high-latitude regions, including all Coast Guard mission areas, search and rescue, marine pollution response and prevention, fisheries enforcement, and maritime commerce.

(Sec. 717) Directs the Commandant to determine if any improvements 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.

(Sec. 718) Requires the Commandant to submit to Congress an assessment of the Coast Guard National Maritime Center's merchant mariner medical evaluation program and alternatives to such program.

(Sec. 719) Directs the Secretary to provide Congress an assessment of: (1) the loss of U.S. shipyard jobs and industrial base expertise as a result of rebuild, conversion, and double-hull work on U.S.-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) Requires the Commandant to submit to Congress an assessment of factors under the authority of the Coast Guard that impact the ability of U.S.-documented vessels to effectively compete in international transportation markets.

(Sec. 721) Directs the Commandant to submit to Congress a study on the feasibility of establishing a deepwater seaport in the Arctic to protect and advance strategic U.S. interests.

(Sec. 722) Requires the Commandant to submit to Congress an assessment of 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. Directs the Commandant, in conducting such assessment, to consult with the state of Washington, affected tribal governments, vessel operators, oil sands producers, and spill response experts.