text:
Ansvar for udlægning af plastgranulat på ridebane - forældelse? | Forum Orientering
 Ansvar for udlægning af plastgranulat på ridebane - forældelse?
 Skrevet af Forum Advokater d. 28/11 - 2005
 Selvom det kan forekomme urimeligt, kan venlighed blive erstatningspådragende. Endda også for modtageren af venligheden. Denne afgørelse drejer sig om udlægning af et plastikgranulat, der var miljømæssigt utilladelig, og som afstedkom deponeringsudgifter.
 En jern- og metalvirksomhed havde modtaget kabelskrot, hvis plastik efter udtagning af kobberet blev omdannet til granulat. Granulatet, der var et affaldsprodukt, blev normalt anvendt til fremstilling af blandt andet skiltefødder og gulvbelægning.
 I 1992 og 1993 blev noget af granulatet imidlertid efter aftale med ejeren af en ridebane vederlagsfrit udlagt på ridebanen. Ridebanen anvendes hovedsagligt erhvervsmæssigt.
 Udlægningen skete imidlertid uden, at nogen af parterne tænkte på at indhente myndighedernes tilladelse, og da myndighederne opdagede det, krævede de granulatet deponeret i kommunen og udgifterne dækket af ridebaneejeren.
 Ridebaneejeren krævede udgifterne dækket af jern- og metalvirksomheden.
 Byretten havde givet ridebaneejeren medhold, men landsretten frifandt jern- og metalvirksomheden.
 Sagen gik videre for Højesteret, der fandt, at både den ene og den anden havde handlet uforsvarligt ved uden tilladelse og uden nærmere undersøgelse af de miljømæssige konsekvenser at have udlagt plastikgranulat på ridebanen. Højesteret fandt derfor, at begge parter måtte deltage i betalingen af udgifterne ved deponeringen, og fordelte udgifterne ligeligt mellem dem.
 Der skulle herefter behandles et forældelsesspørgsmål, idet spørgsmålet var, om ridebaneejerens refusionskrav mod jern- og metalvirksomheden var omfattet af lov om produktansvar, idet hans krav i så fald ville være forældet. Højesteret fandt imidlertid, at kravet ikke kunne anses som omfattet af hverken lovbestemt eller ulovbestemte produktansvarsregler, og at forældelsesspørgsmålet derfor måtte afgøres efter den femårige forældelsesregel i DL-1908-Loven. Da ridebaneejeren havde reageret indenfor fem år efter, at han måtte blive klar over, at der ville blive udstedt et påbud til ham, måtte forældelsesfristen regnes fra denne dato, og derfor var sagen ikke forældet på tidspunktet for stævningens udtagelse.
 (Højesterets som af 30. juni 2005 i sag 178/2004, 2. afd., UfR2005.2949H)
 Højesteret lagde vægt på, at granulatet blev udlagt på ridebanearealet i begge parters interesse. Højesteret lagde tillige vægt på, at det var ubetænkeligt at lægge til grund, at det af miljømæssige årsager blev nødvendigt at fjerne granulatet. På denne baggrund var Højesteret nødt til at nå frem til at begge parter havde handlet uforsvarligt.
 Det der derefter er interessant er, hvorledes man fordeler ansvaret, og her slår Højesteret fast, at udgangspunktet er, at udgifterne skal deles ligeligt mellem flere skadevoldere, hvis ikke der foreligger omstændigheder, der kan begrunde en anden fordeling.
 GAVER TIL OG FRA UDLANDET
 Opsigelsesvarsel kan ikke angives ale...
 Næstved Kommune har ret til at købe ”...
 Ophævelse af konkurrenceklausul


type: caselaw

jurisdiction: EU

text:
 24.11.2014
 FR
 Journal officiel de l'Union européenne
 C 421/5
 Arrêt de la Cour (cinquième chambre) du 18 septembre 2014 (demande de décision préjudicielle du Juzgado Contencioso-Administrativo — Espagne) — Vueling Airlines S.A./Instituto Galego de Consumo de la Xunta de Galicia
 (Affaire C-487/12) (1)
 ((Renvoi préjudiciel - Transport aérien - Règles communes pour l’exploitation des services aériens dans l’Union européenne - Règlement (CE) no 1008/2008 - Liberté de tarification - Enregistrement des bagages - Supplément de prix - Notion de «tarifs des passagers» - Protection des consommateurs - Infliction d’une amende au transporteur en raison d’une clause contractuelle abusive - Règle du droit national selon laquelle le transport du passager et l’enregistrement d’un bagage doivent être compris dans le prix de base du billet d’avion - Compatibilité avec le droit de l’Union))
 2014/C 421/06
 Langue de procédure: l’espagnol
 Juridiction de renvoi
 Juzgado Contencioso-Administrativo
 Parties dans la procédure au principal
 Partie requérante: Vueling Airlines S.A.
 Partie défenderesse: Instituto Galego de Consumo de la Xunta de Galicia
 Dispositif
 L’article 22, paragraphe 1, du règlement (CE) no 1008/2008 du Parlement européen et du Conseil, du 24 septembre 2008, établissant des règles communes pour l’exploitation de services aériens dans la Communauté, doit être interprété en ce sens qu’il s’oppose à une réglementation, telle que celle en cause au principal, qui oblige les transporteurs aériens, en toutes circonstances, à transporter non seulement le passager, mais également les bagages enregistrés de celui-ci, pour autant que ces bagages répondent à certaines exigences relatives, notamment, à leur poids, pour le prix du billet d’avion et sans qu’aucun supplément de prix puisse être exigé pour le transport de tels bagages.
 (1) JO C 26 du 26.01.2013


text:
 3.11.2015
 RO
 Jurnalul Oficial al Uniunii Europene
 C 363/21
 Cerere de decizie preliminară introdusă de Tribunal Supremo (Spania) la 31 iulie 2015 – Xabier Ormaetxea Garai şi Bernardo Lorenzo Almendros/Administración del Estado
 (Cauza C-424/15)
 (2015/C 363/26)
 Limba de procedură: spaniola
 Instanța de trimitere
 Tribunal Supremo
 Părțile din procedura principală
 Reclamanţi: Xabier Ormaetxea Garai şi Bernardo Lorenzo Almendros
 Pârâtă: Administración del Estado
 Întrebările preliminare
 1)
 Interpretarea Directivei 2002/21/CE a Parlamentului European și a Consiliului din 7 martie 2002 (1) privind un cadru de reglementare comun pentru rețelele și serviciile de comunicații electronice permite să se considere compatibilă cu aceasta, din perspectiva protejării efective a intereselor generale ale organismului național de reglementare în acest domeniu, înființarea de către legiuitorul național a unui organism de reglementare și supraveghere potrivit unui model instituțional nespecializat, prin fuzionarea într-un organism unic, printre altele, a organismelor de control din domeniul energiei, al telecomunicațiilor și al concurenței, existente până la acel moment?
 2)
 Cerințele privind „independența” autorităților naționale de reglementare în domeniul rețelelor și al serviciilor de comunicații electronice, la care face referire articolul 3 alineatele (2) și (3a) din Directiva 2002/21/CE, modificată prin Directiva 2009/140/CE (2), trebuie să fie similare celor impuse autorităților naționale de supraveghere în domeniul protecției datelor personale, conform articolului 28 din Directiva 95/46/CE (3)?
 3)
 Jurisprudența din cuprinsul Hotărârii Curții din 8 aprilie 2014 (4) ar fi aplicabilă situației în care persoanele responsabile din cadrul unei autorități naționale de reglementare în domeniul telecomunicațiilor sunt demise înainte de a le expira mandatul, ca urmare a adoptării unui nou cadru legal prin care se înființează un organism de supraveghere în care sunt grupate mai multe autorități naționale de supraveghere a sectoarelor reglementate? Respectiva demitere anticipată, ca urmare a simplei intrări în vigoare a unei noi legi naționale, iar nu ca urmare a unei schimbări neprevăzute a situaţiei personale a titularilor funcțiilor poate fi considerată compatibilă cu dispozițiile articolului 3 alineatul (3a) din Directiva 2002/21/CE?
 (1) JO L 108, p. 33, Ediţie specială, 13/vol. 35, p. 195.
 (2) JO L 337, p. 37.
 (3) Directiva 95/46/CE a Parlamentului European şi a Consiliului di 24 de octombrie 1995 privind protecția persoanelor fizice în ceea ce privește prelucrarea datelor cu caracter personal și libera circulație a acestor date (JO L 281, p. 31, Ediţie specială, 13/vol. 17, p. 10).
 (4) C-288/12, EU:C:2014:237.


type: legislation

jurisdiction: US

text:
 II
 Calendar No. 300
 112th CONGRESS
 2d Session
 S. 1665
 [Report No. 112–135]
 IN THE SENATE OF THE UNITED STATES
 October 6, 2011
 Mr. Begich (for himself,
 Mr. Rockefeller, and
 Ms. Snowe) introduced the following bill;
 which was read twice and referred to the
 Committee on Commerce, Science, and
 Transportation
 January 26, 2012
 Reported by Mr.
 Rockefeller, with an amendment
 Strike out all after the enacting clause and insert
 the part printed in italic
 A BILL
 To authorize appropriations for the Coast Guard for
 fiscal years 2012 and 2013, and for other purposes.
 1.Short title; table of
 contents
 (a)Short
 titleThis Act may be cited
 as the Coast Guard Authorization Act
 for Fiscal Years 2012 and 2013.
 (b)Table of
 contentsThe table of contents for this Act is as follows:
 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. Inactive duty promotion list
 flag officers in active status.
 Sec. 303. Officers
 recommended for promotion.
 Sec. 304. Original
 appointment of permanent commissioned officers.
 Sec. 305. Academy pay,
 allowances, and emoluments.
 Sec. 306. Academy policy on sexual
 harassment and sexual violence.
 Sec. 307. Coast Guard auxiliarists
 enrollment eligibility.
 TITLE
 IV—Administration
 Sec. 401. Advance procurement
 funding.
 Sec. 402. Authority to maintain United
 States polar icebreaking capability.
 Sec. 403. Forward operating
 facility.
 Sec. 404. National response
 functions.
 Sec. 405. Conforming
 amendment.
 TITLE V—Shipping and
 navigation
 Sec. 501. Designation of St. George
 Harbor as a harbor 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.
 TITLE
 VI—Miscellaneous
 Sec. 601. Conveyance of decommissioned
 Coast Guard cutter STORIS.
 Sec. 602. Coast Guard administrative
 costs.
 Sec. 603. Oil spill liability trust fund
 investment amount.
 Sec. 604. Dry dock
 operation.
 Sec. 605. Technical
 amendments.
 IAuthorization
 101.Authorization
 of appropriations
 (a)Fiscal year
 2012Funds are authorized to be appropriated for fiscal year 2012
 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
 2013Funds 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, 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.
 (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, such sums as are required, 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.
 102.Authorized
 levels of military strength and training
 (a)Fiscal year
 2012
 (1)Active duty
 strengthThe Coast Guard is authorized an end-of-year strength
 for active duty personnel of 47,000 for the fiscal year ending on September 30,
 2012.
 (2)Military
 training student loadsFor fiscal year 2012, 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
 2013
 (1)Active duty
 strengthThe Coast Guard is authorized an end-of-year strength
 for active duty personnel of 49,350 for the fiscal year ending on September 30,
 2013.
 (2)Military
 training student loadsFor fiscal year 2013, 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.
 IIOrganization
 201.Coast Guard
 authority to operate and maintain Coast Guard assets
 (a)In
 generalSection 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 facilitiesAll authority,
 including programmatic budget authority, for the operation and maintenance of
 Coast Guard vessels, aircraft, systems, aides 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.
 .
 202.Clarification
 of Coast Guard ice operations mission
 (a)Coast guard
 provision of Federal icebreaking servicesChapter 5 of title 14, United
 States Code, is amended by inserting after section 86 the following:
 87.Provision of
 icebreaking services
 (a)In
 generalNotwithstanding 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)ExceptionIn
 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
 110Section 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
 312Section 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
 amendmentThe 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.
 .
 IIIPersonnel
 301.Acquisition
 workforce expedited hiring authoritySection 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.
 302.Inactive duty
 promotion list flag officers in active statusSection 724(b)(2) of
 title 14, United States Code, is amended by striking two and
 inserting 3.
 303.Officers
 recommended for promotionSection 259(c)(1) of
 title 14, United States Code, is amended by striking After
 selecting and inserting In selecting.
 304.Original
 appointment of permanent commissioned officersSection 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.
 .
 305.Academy pay,
 allowances, and emolumentsSection 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.
 306.Academy policy
 on sexual harassment and sexual violence
 (a)EstablishmentChapter 9 of title 14, United
 States Code, is amended by adding at the end the following:
 200.Policy on
 sexual harassment and sexual violence
 (a)Required
 policyThe Commandant shall direct the Superintendent of the
 Academy to prescribe a policy on sexual harassment and sexual violence. The
 policy shall apply to each member of the Coast Guard Academy personnel. For
 purposes of this section, the term Coast Guard Academy personnel
 includes cadets.
 (b)Policy
 specificationsThe policy under subsection (a) shall
 include—
 (1)programs to
 promote awareness of the incidence of rape, acquaintance rape, and other sexual
 offenses of a criminal nature on and off the Academy reservation;
 (2)the procedure that
 a victim of sexual harassment or sexual violence on or off the Academy
 reservation shall follow if the victim chooses to report the sexual harassment
 or sexual violence, including—
 (A)how to report the
 alleged sexual harassment or sexual violence, including—
 (i)the name and
 contact information of each person that the victim must contact; and
 (ii)an option for
 confidential reporting;
 (B)the name and
 contact information of each person that the victim can contact for assistance;
 and
 (C)how to preserve
 evidence;
 (3)the procedure for
 disciplinary action against a member of the Coast Guard Academy personnel who
 commits sexual harassment or sexual violence;
 (4)any other
 authorized sanctions against a member of the Coast Guard Academy personnel who
 commits sexual harassment or sexual violence; and
 (5)required training
 on the policy for each member of the Coast Guard Academy personnel, including a
 specific training requirement for each member of the Coast Guard Academy
 personnel who process allegations of sexual harassment or sexual
 violence.
 (c)Assessment
 (1)In
 generalThe Commandant shall direct the Superintendent of the
 Academy to conduct an assessment during each Academy program year to determine
 the effectiveness of the policy under subsection (a).
 (2)Biennial
 surveyEach assessment under paragraph (1) that is conducted
 during an odd-numbered program year shall include a survey of Coast Guard
 Academy personnel. The survey shall—
 (A)measure—
 (i)the incidence,
 during that program year, of sexual harassment and sexual violence, on or off
 the Academy reservation, that were reported under subsection (b)(2); and
 (ii)the incidence,
 during that program year, of sexual harassment and sexual violence, on or off
 the Academy reservation, that were not reported under subsection (b)(2);
 and
 (B)assess the
 perceptions of Coast Guard Academy personnel regarding—
 (i)the policy,
 training, and procedures on sexual harassment and sexual violence;
 (ii)the enforcement
 of the policy;
 (iii)the incidence of
 sexual harassment and sexual violence involving Coast Guard Academy personnel;
 and
 (iv)any other issues
 relating to sexual harassment and sexual violence involving Coast Guard Academy
 personnel, that the Superintendent of the Academy considers relevant.
 (d)Report
 (1)In
 generalThe Commandant shall direct the Superintendent of the
 Academy to submit a report to the Commandant each Academy program year on
 sexual harassment and sexual violence involving a member of the Coast Guard
 Academy personnel that year.
 (2)Report
 specificationsA report under paragraph (1) shall include—
 (A)the number of
 reported incidents of sexual violence, on or off the Academy reservation,
 involving a member of the Coast Guard Academy, categorized by the type of
 offence, such as rape and sexual assault;
 (B)the number of
 reported incidents under subparagraph (A) that were substantiated;
 (C)any updates to the
 policy, training, or procedures on sexual harassment and sexual violence under
 this section during the Academy program year; and
 (D)a plan detailing
 the action that will be taken during the subsequent Academy program year to
 respond to and prevent sexual harassment and sexual violence, on or off the
 Academy reservation, involving a member of the Coast Guard Academy.
 (3)Biennial
 surveyEach report under paragraph (1) that is submitted during
 an odd-numbered program year shall include the results of the survey under
 subsection (c)(2).
 (4)Transmission of
 reportNot later than 90 days after the date of receipt of a
 report under paragraph (1), the Commandant shall transmit a copy of the report
 and the Commandant’s comments on the report to the Committee on Commerce,
 Science, and Transportation of the Senate and the Committee on Transportation
 and Infrastructure of the House of
 Representatives.
 .
 (b)Conforming
 AmendmentThe 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. Academy policy on
 sexual harassment and sexual
 violence.
 .
 307.Coast Guard
 auxiliarists enrollment eligibilitySection 823 of title
 14, United States Code, is amended to read as follows:
 823.Eligibility,
 enrollmentsThe Auxiliary
 shall be composed of citizens of the United States and its territories and
 possessions, 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.
 .
 IVAdministration
 401.Advance
 procurement fundingWith
 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)the advance
 construction of parts or components for the vessel;
 (3)protection and
 storage of materials, parts, or components for the vessel; and
 (4)production
 planning, design, and other related support services that reduce the overall
 procurement lead time of the vessel.
 402.Authority to
 maintain United States polar icebreaking capability
 (a)In
 generalThe Secretary of the department in which the Coast Guard
 is operating shall acquire, either through new construction or the rebuilding,
 renovating, or improving of existing Coast Guard assets, not less than 2 heavy
 polar icebreakers for operation by the Coast Guard.
 (b)Necessary
 measuresThe Secretary shall take all necessary measures,
 including the provision of necessary operation and maintenance funding, to
 ensure that—
 (1)the Coast Guard
 maintains, at a minimum, its current vessel capacity, including 1 medium and 2
 heavy polar icebreakers, for carrying out ice operations and other Coast Guard
 missions in the Arctic and Antarctic, Great Lakes, and New England regions;
 and
 (2)any such vessels
 that are not fully operational are brought up to, and maintained at, full
 operational capability.
 (c)ReimbursementNothing
 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 countries, that benefit from the use
 of the polar icebreakers.
 (d)Authorization of
 appropriationsThere are authorized to be appropriated to the
 Secretary of the department in which the Coast Guard is operating such sums as
 may be necessary—
 (1)to acquire the
 polar icebreakers under subsection (a); and
 (2)to maintain and
 operate the polar icebreaker fleet under subsection (b).
 403.Forward
 operating facilityNot later
 than 180 days after the date of enactment of this Act, the Secretary of the
 department in which the Coast Guard is operating may construct or lease hangar,
 berthing, and messing facilities in the Aleutian Island-Bering Sea operating
 area. The facilities shall—
 (1)support aircraft
 maintenance, including exhaust ventilation, heat, engine wash system, head
 facilities, fuel, ground support services, and electrical power; and
 (2)provide shelter
 for both current helicopter assets and those projected to be located at Air
 Station Kodiak, Alaska for at least 20 years.
 404.National
 response functions
 (a)In
 generalSection 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 functionsThe 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
 AmendmentSection 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.
 405.Conforming
 amendmentSection 210 of the
 Coast Guard and Maritime Transportation Act of 2006 (14 U.S.C. 93 note) is
 repealed.
 VShipping and
 navigation
 501.Designation of
 St. George Harbor as a harbor of refuge
 (a)ConsultationNot
 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 are necessary to make the
 harbor at St. George, Alaska, a fully functional harbor of refuge throughout
 the year.
 (b)PurposesThe
 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)ReportNot
 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 improvements necessary to make the
 harbor at St. George, Alaska, a fully functional harbor of refuge throughout
 the year.
 502.Protection and
 fair treatment of seafarers
 (a)In
 generalChapter 111 of title 46,
 United States Code, is amended by adding at the end the following:
 11113.Protection
 and fair treatment of seafarers
 (a)PurposeThe
 purpose of this section shall be to ensure the protection and fair treatment of
 seafarers.
 (b)Special
 fund
 (1)EstablishmentThere
 is established in the Treasury a special fund known as the Support of
 Seafarers Fund.
 (2)Use of amounts
 in FundThe amounts deposited into the Fund shall be available to
 the Secretary, without further appropriation and 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 FundNotwithstanding any other provision of law, the Fund may
 receive—
 (A)any moneys ordered
 to be paid to the Fund as a form of credit in lieu of community service under
 section
 3563(b) of title 18 to the extent permitted under paragraph
 (4);
 (B)amounts reimbursed
 or recovered under subsection (e);
 (C)amounts
 appropriated to the Fund; and
 (D)appropriations
 available to the Secretary for transfer.
 (4)Prerequisite for
 community service creditsThe Fund may receive credits under
 paragraph (3)(A) if the unobligated balance of the Fund is less than
 $5,000,000.
 (5)Report
 required
 (A)In
 generalExcept as provided under subparagraph (B), the Secretary
 may not obligate any amount in the Fund in a given fiscal year unless the
 Secretary submits a report to Congress, concurrent with the President’s budget
 submission for that fiscal year, 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)ExceptionSubparagraph
 (A) shall not apply to obligations during the first fiscal year during which
 amounts are credited to the Fund.
 (6)Fund
 managerThe 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 (5);
 (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)AuthorityThe
 Secretary may—
 (1)pay, in whole or
 in part, without further appropriation and without fiscal year limitation, from
 amounts in 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, in
 whole or in part, without further appropriation and without fiscal year
 limitation, from amounts in the Fund, a shipowner that has filed a bond or
 surety satisfactory under subsection (f) and provides necessary support of a
 seafarer, for the costs of necessary support if the Secretary determines that
 reimbursement is necessary to avoid serious injustice.
 (d)LimitationNothing
 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
 generalA 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)EnforcementIf
 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)RemedyA
 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)AuthorityThe
 Secretary may require a bond or a surety satisfactory to the Secretary as an
 alternative to withholding or revoking clearance under subsection (e)
 if—
 (A)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; and
 (B)the surety
 corporation providing the bond or surety satisfactory is authorized by the
 Secretary of the Treasury under
 section
 9305 of title 31 to provide surety bonds under
 section
 9304 of title 31.
 (2)ApplicationThe
 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)DefinitionsIn
 this section:
 (1)Abandons;
 abandonedThe 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
 satisfactoryThe 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 to—
 (A)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)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)stipulate to
 certain incontrovertible facts, including the ownership or operation of the
 vessel, or the authenticity of documents and things from the vessel;
 (D)facilitate service
 of correspondence and legal papers;
 (E)enter an
 appearance in United States district court;
 (F)comply with
 directions regarding payment of funds;
 (G)name an agent in
 the United States for service of process;
 (H)stipulate in
 United States district court as to the authenticity of certain
 documents;
 (I)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)provide financial
 security in the form of cash, bond, or other means acceptable to the Secretary;
 and
 (K)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)FundThe
 term Fund means the Support of Seafarers Fund established under
 this section.
 (4)Necessary
 supportThe term necessary support means normal
 wages, lodging, subsistence, clothing, medical care (including
 hospitalization), repatriation, and any other expense the Secretary considers
 appropriate.
 (5)SeafarerThe
 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.
 (6)ShipownerThe
 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 StatesThe 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)RegulationsThe
 Secretary may prescribe regulations to implement this
 section.
 .
 (b)Conforming
 amendmentThe 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.
 .
 (c)Authorization of
 appropriationsThere are authorized to be appropriated to the
 Fund $1,500,000 for each of fiscal years 2012, 2013, and 2014.
 503.Delegation of
 authoritySection 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 foreign classification society
 under subsection (b) or (d) if the Secretary of State determines that the
 foreign 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.
 .
 504.Report on
 establishment of arctic deep water port
 (a)StudyThe
 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)ScopeThe
 study under subsection (a) shall include an analysis of:
 (1)the capability
 that a deep water sea port would provide;
 (2)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)ReportNot
 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.
 VIMiscellaneous
 601.Conveyance of
 decommissioned Coast Guard cutter STORIS
 (a)In
 generalThe Commandant of the Coast Guard shall convey the Coast
 Guard Cutter STORIS to the Storis Museum under subsection (b) if the Commandant
 determines that the cost to the Federal Government of conveying the Coast Guard
 Cutter STORIS through the General Services Administration exceeds the cost to
 the Federal Government of conveying to the STORIS Museum under subsection
 (b).
 (b)Coast Guard
 cutter STORISSubject to the cost determination under subsection
 (a) and after the decommissioning of the Coast Guard Cutter STORIS, the
 Commandant of the Coast Guard shall convey, without consideration, all right,
 title, and interest owned by the United States in the Coast Guard Cutter STORIS
 to the Storis Museum, a nonprofit entity of Juneau, Alaska, if the head of the
 STORIS Museum agrees—
 (1)to use the vessel
 as a historic memorial;
 (2)to make the United
 States Coast Guard Cutter STORIS available to the public as a museum;
 (3)to work
 cooperatively with other museums to provide education and memorialize the
 maritime heritage of the United States Coast Guard Cutter STORIS and other
 maritime activities in Alaska, the Pacific Northwest, the Arctic Ocean, and
 adjacent oceans and seas;
 (4)that the vessel
 will not be used for commercial transportation purposes;
 (5)to make the vessel
 available to the United States Government if needed for use by the Commandant
 in time of war or a national emergency or based on the critical needs of the
 United States Coast Guard;
 (6)to hold the
 Government harmless for any claims arising from exposure to hazardous
 materials, including asbestos and polychlorinated biphenyls (PCBs), except for
 claims arising from the use of the United States Coast Guard Cutter STORIS by
 the Government; and
 (7)to any other
 conditions the Commandant considers appropriate.
 (c)Treatment of
 ConveyanceThe conveyance of the Coast Guard Cutter STORIS under
 this section shall not be considered a distribution in commerce for purposes of
 section 6(e) of the Toxic Substances Control Act (15 U.S.C.
 2605(e)).
 (d)Other Excess
 EquipmentThe Commandant may convey to the recipient of the Coast
 Guard Cutter STORIS under this section any excess equipment or parts from other
 decommissioned Coast Guard vessels for use to enhance the vessel's operability
 and function for purposes of a public museum and historical display.
 602.Coast Guard
 administrative costsSection
 1012(a)(4) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(4)) is amended by
 striking damages and inserting damages, including the
 cost of commercial claims processing, expert services, training, technical
 services, and other administrative and personnel costs to process
 claims.
 603.Oil spill
 liability trust fund investment amountNot 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.
 604.Dry dock
 operationA vessel transported
 in Dry Dock #2 (State of Alaska registration AIDEA FDD–2) shall not be
 considered merchandise for purposes of
 section
 55102 of title 46, United States Code, if, during
 transportation under that section, Dry Dock #2 is connected to electrical,
 water, compressed air, and wastewater utility shoreside connections located in
 Ketchikan, Alaska.
 605.Technical
 amendments
 (a)Continuation on
 active dutySection 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 statusSection 740(d) of title
 14, United States Code, is amended by striking that appointment
 and inserting that Reserve appointment.
 (c)Table of
 contentsThe table of contents for
 chapter 17 of title 14,
 United States Code, is amended by—
 (1)by striking the
 item relating to section 669 and inserting the following:
 669. Telephone
 installation and
 charges.
 ;
 and(2)by striking the
 item relating to section 674 and inserting the following:
 674. Small boat station
 rescue
 capability.
 .
 1.Short title; table of
 contents
 (a)Short
 titleThis Act may be cited
 as the Coast Guard Authorization Act
 for Fiscal Years 2012 and 2013.
 (b)Table of
 contentsThe 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. Forward operating
 facility.
 Sec. 405. National response
 functions.
 Sec. 406. Conforming amendment.
 TITLE V—Shipping and
 navigation
 Sec. 501. Designation of St. George Harbor as a
 harbor 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 tar sands.
 TITLE
 VI—Miscellaneous
 Sec. 601. Conveyance of decommissioned Coast
 Guard Cutter STORIS.
 Sec. 602. Coast Guard administrative
 costs.
 Sec. 603. Oil spill liability trust fund
 investment amount.
 Sec. 604. Dry dock operation.
 Sec. 605. Technical amendments.
 Sec. 606. Vessel determinations.
 Sec. 607. Alteration of bridge obstructing
 navigation.
 Sec. 608. Documentation of LNG
 tankers.
 Sec. 609. Notice of arrival.
 Sec. 610. Homeporting of FSV HENRY B
 BIGELOW.
 Sec. 611. Higher volume port
 area regulatory definition change.
 IAuthorization
 101.Authorization of
 appropriations
 (a)Fiscal year
 2012Funds are authorized to be appropriated for fiscal year 2012
 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
 2013Funds 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, 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.
 (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, such sums as are required, 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.
 102.Authorized levels of
 military strength and training
 (a)Fiscal year
 2012
 (1)Active duty
 strengthThe Coast Guard is authorized an end-of-year strength
 for active duty personnel of 47,000 for the fiscal year ending on September 30,
 2012.
 (2)Military training
 student loadsFor fiscal year 2012, 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
 2013
 (1)Active duty
 strengthThe Coast Guard is authorized an end-of-year strength
 for active duty personnel of 49,350 for the fiscal year ending on September 30,
 2013.
 (2)Military training
 student loadsFor fiscal year 2013, 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.
 IIOrganization
 201.Coast Guard authority
 to operate and maintain Coast Guard assets
 (a)In
 generalSection 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 facilitiesAll authority,
 including programmatic budget authority, for the operation and maintenance of
 Coast Guard vessels, aircraft, systems, aides 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.
 .
 202.Clarification of Coast
 Guard ice operations mission
 (a)Coast guard provision
 of Federal icebreaking servicesChapter 5 of title 14, United
 States Code, is amended by inserting after section 86 the following:
 87.Provision of
 icebreaking services
 (a)In
 generalNotwithstanding 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)ExceptionIn
 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
 110Section 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
 312Section 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
 amendmentThe 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.
 .
 IIIPersonnel
 301.Acquisition workforce
 expedited hiring authoritySection 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.
 302.Officers recommended
 for promotionSection 259(c)(1) of
 title 14, United States Code, is amended by striking After
 selecting and inserting In selecting.
 303.Original appointment
 of permanent commissioned officersSection 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.
 .
 304.Academy pay,
 allowances, and emolumentsSection 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.
 305.Academy policy on
 sexual harassment and sexual violence
 (a)EstablishmentChapter 9 of title 14, United
 States Code, is amended by adding at the end the following:
 200.Policy on sexual
 harassment and sexual violence
 (a)Required
 policyThe Commandant shall direct the Superintendent of the
 Academy to prescribe a policy on sexual harassment and sexual violence. The
 policy shall apply to each member of the Coast Guard Academy personnel. For
 purposes of this section, the term Coast Guard Academy personnel
 includes cadets.
 (b)Policy
 specificationsThe policy under subsection (a) shall
 include—
 (1)programs to promote
 awareness of the incidence of rape, acquaintance rape, and other sexual
 offenses of a criminal nature on and off the Academy reservation;
 (2)the procedure that a
 victim of sexual harassment or sexual violence on or off the Academy
 reservation shall follow if the victim chooses to report the sexual harassment
 or sexual violence, including—
 (A)how to report the alleged
 sexual harassment or sexual violence, including—
 (i)the name and contact
 information of each person that the victim must contact; and
 (ii)an option for
 confidential reporting;
 (B)the name and contact
 information of each person that the victim can contact for assistance;
 and
 (C)how to preserve
 evidence;
 (3)the procedure for
 disciplinary action against a member of the Coast Guard Academy personnel who
 commits sexual harassment or sexual violence;
 (4)any other authorized
 sanctions against a member of the Coast Guard Academy personnel who commits
 sexual harassment or sexual violence; and
 (5)required training on the
 policy for each member of the Coast Guard Academy personnel, including a
 specific training requirement for each member of the Coast Guard Academy
 personnel who process allegations of sexual harassment or sexual
 violence.
 (c)Assessment
 (1)In
 generalThe Commandant shall direct the Superintendent of the
 Academy to conduct an assessment during each Academy program year to determine
 the effectiveness of the policy under subsection (a).
 (2)Biennial
 surveyEach assessment under paragraph (1) that is conducted
 during an odd-numbered program year shall include a survey of Coast Guard
 Academy personnel. The survey shall—
 (A)measure—
 (i)the incidence, during
 that program year, of sexual harassment and sexual violence, on or off the
 Academy reservation, that were reported under subsection (b)(2); and
 (ii)the incidence, during
 that program year, of sexual harassment and sexual violence, on or off the
 Academy reservation, that were not reported under subsection (b)(2); and
 (B)assess the perceptions of
 Coast Guard Academy personnel regarding—
 (i)the policy, training, and
 procedures on sexual harassment and sexual violence;
 (ii)the enforcement of the
 policy;
 (iii)the incidence of sexual
 harassment and sexual violence involving Coast Guard Academy personnel;
 and
 (iv)any other issues
 relating to sexual harassment and sexual violence involving Coast Guard Academy
 personnel, that the Superintendent of the Academy considers relevant.
 (d)Report
 (1)In
 generalThe Commandant shall direct the Superintendent of the
 Academy to submit a report to the Commandant each Academy program year on
 sexual harassment and sexual violence involving a member of the Coast Guard
 Academy personnel that year.
 (2)Report
 specificationsA report under paragraph (1) shall include—
 (A)the number of reported
 incidents of sexual violence, on or off the Academy reservation, involving a
 member of the Coast Guard Academy, categorized by the type of offence, such as
 rape and sexual assault;
 (B)the number of reported
 incidents under subparagraph (A) that were substantiated;
 (C)any updates to the
 policy, training, or procedures on sexual harassment and sexual violence under
 this section during the Academy program year; and
 (D)a plan detailing the
 action that will be taken during the subsequent Academy program year to respond
 to and prevent sexual harassment and sexual violence, on or off the Academy
 reservation, involving a member of the Coast Guard Academy.
 (3)Biennial
 surveyEach report under paragraph (1) that is submitted during
 an odd-numbered program year shall include the results of the survey under
 subsection (c)(2).
 (4)Transmission of
 reportNot later than 90 days after the date of receipt of a
 report under paragraph (1), the Commandant shall transmit a copy of the report
 and the Commandant’s comments on the report to the Committee on Commerce,
 Science, and Transportation of the Senate and the Committee on Transportation
 and Infrastructure of the House of
 Representatives.
 .
 (b)Conforming
 AmendmentThe 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. Academy policy on sexual
 harassment and sexual
 violence.
 .
 306.Coast Guard
 auxiliarists enrollment eligibilitySection 823 of title
 14, United States Code, is amended to read as follows:
 823.Eligibility,
 enrollmentsThe Auxiliary
 shall be composed of citizens of the United States and its territories and
 possessions, 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.
 .
 IVAdministration
 401.Advance procurement
 fundingWith 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)the advance construction
 of parts or components for the vessel;
 (3)protection and storage of
 materials, parts, or components for the vessel; and
 (4)production planning,
 design, and other related support services that reduce the overall procurement
 lead time of the vessel.
 402.Multiyear procurement
 authority for Coast Guard National Security Cutters
 (a)In
 GeneralBeginning with the
 fiscal year 2012 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)LimitationThe 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 SavingsIn
 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.
 403.Requirement to
 maintain United States polar icebreaking capability
 (a)In
 generalThe Secretary of the department in which the Coast Guard
 is operating shall acquire, either through new construction or the rebuilding,
 renovating, or improving of existing Coast Guard assets, not less than 2 heavy
 polar icebreakers for operation by the Coast Guard to avoid jeopardizing
 national security, law enforcement, maritime safety, search and rescue,
 environmental protection, disaster response, scientific research, natural
 resource protection, marine pollution response and prevention, and fishery
 enforcement missions.
 (b)Necessary
 measuresThe Secretary shall take all necessary measures,
 including the provision of necessary operation and maintenance funding, to
 ensure that—
 (1)the Coast Guard
 maintains, at a minimum, its current vessel capacity, including 1 medium and 2
 heavy polar icebreakers, for carrying out ice operations and other Coast Guard
 missions in the Arctic and Antarctic, Great Lakes, and New England regions;
 and
 (2)any such vessels that are
 not fully operational are brought up to, and maintained at, full operational
 capability.
 (c)Current
 icebreaker maintenanceUntil new icebreakers are acquired under
 subsection (a), the Commandant of the Coast Guard may not—
 (1)transfer,
 relinquish ownership of, 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 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 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.
 (d)ReimbursementNothing
 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.
 (e)Authorization of
 appropriationsThere are authorized to be appropriated to the
 Secretary of the department in which the Coast Guard is operating such sums as
 may be necessary—
 (1)to acquire the polar
 icebreakers under subsection (a); and
 (2)to maintain and operate
 the polar icebreaker fleet under subsection (b).
 404.Forward operating
 facilityNot later than 180
 days after the date of enactment of this Act, the Secretary of the department
 in which the Coast Guard is operating may construct or lease hangar, berthing,
 and messing facilities in the Aleutian Island-Bering Sea operating area. The
 facilities shall—
 (1)support aircraft
 maintenance, including exhaust ventilation, heat, engine wash system, head
 facilities, fuel, ground support services, and electrical power; and
 (2)provide shelter for both
 current helicopter assets and those projected to be located at Air Station
 Kodiak, Alaska for at least 20 years.
 405.National response
 functions
 (a)In
 generalSection 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
 functionsThe 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
 AmendmentSection 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.
 406.Conforming
 amendmentSection 210 of the
 Coast Guard and Maritime Transportation Act of 2006 (14 U.S.C. 93 note) is
 repealed.
 VShipping and
 navigation
 501.Designation of St.
 George Harbor as a harbor of refuge
 (a)ConsultationNot
 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 are necessary to make the
 harbor at St. George, Alaska, a fully functional harbor of refuge throughout
 the year.
 (b)PurposesThe
 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)ReportNot
 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 improvements necessary to make the
 harbor at St. George, Alaska, a fully functional harbor of refuge throughout
 the year.
 502.Protection and fair
 treatment of seafarers
 (a)In
 generalChapter 111 of title 46,
 United States Code, is amended by adding at the end the following:
 11113.Protection and fair
 treatment of seafarers
 (a)PurposeThe
 purpose of this section shall be to ensure the protection and fair treatment of
 seafarers.
 (b)Special fund
 (1)EstablishmentThere
 is established in the Treasury a special fund known as the Support of
 Seafarers Fund.
 (2)Use of amounts in
 FundThe 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
 FundNotwithstanding 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 creditsThe Fund may receive credits under
 paragraph (3)(A) if the unobligated balance of the Fund is less than
 $5,000,000.
 (5)Authorization of
 appropriationThere 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
 generalThe 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)ExceptionSubparagraph
 (A) shall not apply to obligations during the first fiscal year during which
 amounts are credited to the Fund.
 (7)Fund
 managerThe 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)AuthorityThe
 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)LimitationNothing
 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
 generalA 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)EnforcementIf
 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)RemedyA
 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)AuthorityThe
 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
 corporationsA 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)ApplicationThe
 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)DefinitionsIn
 this section:
 (1)Abandons;
 abandonedThe 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
 satisfactoryThe 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 to—
 (A)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)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)stipulate to certain
 incontrovertible facts, including the ownership or operation of the vessel, or
 the authenticity of documents and things from the vessel;
 (D)facilitate service of
 correspondence and legal papers;
 (E)enter an appearance in
 United States district court;
 (F)comply with directions
 regarding payment of funds;
 (G)name an agent in the
 United States for service of process;
 (H)stipulate in United
 States district court as to the authenticity of certain documents;
 (I)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)provide financial
 security in the form of cash, bond, or other means acceptable to the Secretary;
 and
 (K)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)FundThe
 term Fund means the Support of Seafarers Fund established under
 this section.
 (4)Necessary
 supportThe term necessary support means normal
 wages, lodging, subsistence, clothing, medical care (including
 hospitalization), repatriation, and any other expense the Secretary considers
 appropriate.
 (5)SeafarerThe
 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.
 (6)ShipownerThe
 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 StatesThe 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)RegulationsThe
 Secretary may prescribe regulations to implement this
 section.
 .
 (b)Conforming
 amendmentThe 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.
 .
 (c)Authorization of
 appropriationsThere are authorized to be appropriated to the
 Fund $1,500,000 for each of fiscal years 2012, 2013, and 2014.
 503.Delegation of
 authoritySection 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 foreign classification society under
 subsection (b) or (d) if the Secretary of State determines that the foreign
 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.
 .
 504.Report on
 establishment of arctic deep water port
 (a)StudyThe
 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)ScopeThe
 study under subsection (a) shall include an analysis of:
 (1)the capability that a
 deep water sea port would provide;
 (2)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)ReportNot
 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.
 505.Risk analysis
 of transporting Canadian tar sands
 (a)In
 generalThe 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 tar sands oil.
 (b)ScopeThe
 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 tar sands development;
 (2)whether transport of
 Canadian tar 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)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)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 tar sands has different properties from other types of oil, including
 toxicity and other properties, which may require different maritime clean up
 technologies; and
 (9)a risk assessment of the
 increasing supertanker, tanker, and barge traffic associated with Canadian tar
 sands development or expected to be associated with Canadian tar sands
 development.
 (c)Consultation
 requirementIn 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)RecommendationsNot
 later than 180 days after the date of enactment of this Act, the Commandant
 shall submit recommendations 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.
 The recommendations shall consider a full range of options for the management
 of increasing maritime traffic and minimizing the increased likelihood of an
 oil spill, including Federal legislation, promulgation of Federal rules, and
 the establishment of cooperative agreements for shared funding of spill
 prevention and response systems.
 VIMiscellaneous
 601.Conveyance of
 decommissioned Coast Guard Cutter STORIS
 (a)In
 generalThe Commandant of the Coast Guard shall convey the Coast
 Guard Cutter STORIS to the Storis Museum under subsection (b) if the Commandant
 determines that the cost to the Federal Government of conveying the Coast Guard
 Cutter STORIS through the General Services Administration exceeds the cost to
 the Federal Government of conveying to the STORIS Museum under subsection
 (b).
 (b)Coast Guard cutter
 STORISSubject to the cost determination under subsection (a) and
 after the decommissioning of the Coast Guard Cutter STORIS, the Commandant of
 the Coast Guard shall convey, without consideration, all right, title, and
 interest owned by the United States in the Coast Guard Cutter STORIS to the
 Storis Museum, a nonprofit entity of Juneau, Alaska, if the head of the STORIS
 Museum agrees—
 (1)to use the vessel as a
 historic memorial;
 (2)to make the United States
 Coast Guard Cutter STORIS available to the public as a museum;
 (3)to work cooperatively
 with other museums to provide education and memorialize the maritime heritage
 of the United States Coast Guard Cutter STORIS and other maritime activities in
 Alaska, the Pacific Northwest, the Arctic Ocean, and adjacent oceans and
 seas;
 (4)that the vessel will not
 be used for commercial transportation purposes;
 (5)to make the vessel
 available to the United States Government if needed for use by the Commandant
 in time of war or a national emergency or based on the critical needs of the
 United States Coast Guard;
 (6)to hold the Government
 harmless for any claims arising from exposure to hazardous materials, including
 asbestos and polychlorinated biphenyls (PCBs), except for claims arising from
 the use of the United States Coast Guard Cutter STORIS by the Government;
 and
 (7)to any other conditions
 the Commandant considers appropriate.
 (c)Treatment of
 ConveyanceThe conveyance of the Coast Guard Cutter STORIS under
 this section shall not be considered a distribution in commerce for purposes of
 section 6(e) of the Toxic Substances Control Act (15 U.S.C.
 2605(e)).
 (d)Other Excess
 EquipmentThe Commandant may convey to the recipient of the Coast
 Guard Cutter STORIS under this section any excess equipment or parts from other
 decommissioned Coast Guard vessels for use to enhance the vessel's operability
 and function for purposes of a public museum and historical display.
 602.Coast Guard
 administrative costsSection
 1012(a)(4) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(4)) is amended by
 striking damages and inserting damages, including the
 cost of commercial claims processing, expert services, training, technical
 services, and other administrative and personnel costs to process
 claims.
 603.Oil spill liability
 trust fund investment amountNot 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.
 604.Dry dock
 operationA vessel transported
 in Dry Dock #2 (State of Alaska registration AIDEA FDD-2) is not merchandise
 for purposes of section 55102 of title 46, United States Code, if, during such
 transportation, Dry Dock #2 remains connected by a utility or other connecting
 line to pier-side moorage.
 605.Technical
 amendments
 (a)Continuation on active
 dutySection 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 statusSection 740(d) of title 14, United
 States Code, is amended by striking that appointment and
 inserting that Reserve appointment.
 (c)Table of
 contentsThe table of contents for
 chapter 17 of title 14,
 United States Code, is amended by—
 (1)by striking the item
 relating to section 669 and inserting the following:
 669. Telephone installation and
 charges.
 ;
 and(2)by striking the item
 relating to section 674 and inserting the following:
 674. Small boat station rescue
 capability.
 .
 606.Vessel
 determinations
 (a)Vessels Deemed New
 VesselsThe 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
 InspectionEach 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.
 607.Alteration of bridge
 obstructing navigation
 (a)Requirement to commence
 administrative reviewNot
 later than 15 days after the date of enactment of this Act, the Commandant of
 the Coast Guard 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
 ProcessThe
 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
 CompletionNot later than
 December 31, 2011, the Coast Guard shall complete the interagency
 administrative review under subsection (a).
 608.Documentation of LNG
 tankers
 (a)In
 GeneralNotwithstanding
 sections 12112 and 12132 and chapter 551 of title 46, United States Code, the
 Secretary of the department in which the Coast Guard is operating may issue a
 certificate of documentation with a coastwise endorsement for each of the
 following vessels:
 (1)LNG GEMINI (United States official number
 595752).
 (2)LNG LEO (United States official number
 595753).
 (3)LNG VIRGO (United States official number
 595755).
 (b)Limitation on
 OperationCoastwise trade
 authorized under subsection (a) shall be limited to carriage of natural gas, as
 that term is defined in section 3(13) of the Deepwater Port Act of 1974 (33
 U.S.C. 1502(13)).
 (c)Termination of
 Effectiveness of EndorsementsThe coastwise endorsement issued under
 subsection (a) for a vessel shall expire on the date of the sale of the vessel
 by the owner of the vessel on the date of enactment of this Act to a person who
 is not related by ownership or control to such owner.
 609.Notice of
 arrivalThe 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.
 610.Homeporting of FSV
 HENRY B BIGELOW
 (a)Deadline for Final
 Decision regarding the Homeport for the FSV Henry B Bigelow
 (1)In
 generalNot later than 180
 days after the date of enactment of this Act, the Administrator of the National
 Oceanic and Atmospheric Administration shall make a final decision regarding
 the homeport for the FSV HENRY B BIGELOW.
 (2)Advance notice to
 CongressNot later than 45
 days before the date that the final decision under paragraph (1) is
 implemented, the Administrator shall submit to the Committee on Commerce,
 Science, and Transportation of the Senate and the Committee on Natural
 Resources of the House of Representative—
 (A)notification of the proposed final
 decision; and
 (B)an explanation of—
 (i)the rationale for the homeport selected in
 the proposed final decision; and
 (ii)how the proposed final decision addresses
 the considerations under subsection (b).
 (b)ConsiderationsIn making a final decision under subsection
 (a), the Administrator of the National Oceanic and Atmospheric Administration
 shall consider—
 (1)the use of existing infrastructure owned by
 the Administration;
 (2)the proximity of the proposed homeport to
 Federal research facilities and to programs that could directly benefit from
 the research conducted by the FSV HENRY B BIGELOW, including the
 Administration’s Northeast Fisheries Science Center;
 (3)the proximity of the proposed homeport to
 non-Federal fisheries research partners and vessel and equipment repair and
 support infrastructure;
 (4)the prior homeport location of the FSV
 ALBATROSS, which the FSV HENRY B BIGELOW is replacing; and
 (5)the historical and cultural significance of
 the presence of a Federal fisheries research vessel at the proposed
 homeport.
 (c)Progress
 ReportNot later than 30 days
 after the date of enactment of this Act, the Administrator of the National
 Oceanic and Atmospheric Administration shall submit to the Committee on
 Commerce, Science, and Transportation of the Senate and the Committee on
 Natural Resources of the House of Representatives a report on the
 Administrator's progress in making a final decision under subsection
 (a).
 611.Higher volume
 port area regulatory definition change
 (a)In
 generalSubsection (a) of
 section 710 of the Coast Guard Authorization Act of 2010 (Public Law 111–281;
 124 Stat. 2986) is amended to read as follows:
 (a)Higher volume
 ports
 (1)In
 generalNotwithstanding any
 other provision of law, the requirements of subparts D, F, and G of part 155 of
 title 33, Code of Federal Regulations, that apply to the higher volume port
 area for the Strait of Juan de Fuca at Port Angeles, Washington (including any
 water area within 50 nautical miles seaward), to and including Puget Sound,
 shall be deemed to apply, in the same manner, and to the same extent, to the
 Strait of Juan de Fuca at Cape Flattery, Washington (including any water area
 within 50 nautical miles seaward), to and including Puget Sound.
 (2)Effective
 dateThis subsection shall
 take effect on July 1,
 2012.
 .
 (b)Conforming
 amendmentSubsection (b) of
 such section is amended by striking ‘‘the modification of the higher volume
 port area definition required by subsection (a)’’ and inserting ‘‘higher volume
 port requirements made applicable under subsection (a)’’.
 January 26, 2012
 Reported with an amendment