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[111th Congress Public Law 281]
[From the U.S. Government Printing Office]

[[Page 124 STAT. 2905]]

Public Law 111-281
111th Congress

                                 An Act

 
 To authorize appropriations for the Coast Guard for fiscal year 2011, 
     and for other purposes. <<NOTE: Oct. 15, 2010 -  [H.R. 3619]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Coast Guard 
Authorization Act of 2010.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Coast Guard 
Authorization Act of 2010''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

                         TITLE I--AUTHORIZATION

Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.

                          TITLE II--COAST GUARD

Sec. 201. Appointment of civilian Coast Guard judges.
Sec. 202. Industrial activities.
Sec. 203. Reimbursement for medical-related travel expenses.
Sec. 204. Commissioned officers.
Sec. 205. Coast Guard participation in the Armed Forces Retirement Home 
           (AFRH) system.
Sec. 206. Grants to international maritime organizations.
Sec. 207. Leave retention authority.
Sec. 208. Enforcement authority.
Sec. 209. Repeal.
Sec. 210. Merchant Mariner Medical Advisory Committee.
Sec. 211. Reserve commissioned warrant officer to lieutenant program.
Sec. 212. Enhanced status quo officer promotion system.
Sec. 213. Coast Guard vessels and aircraft.
Sec. 214. Coast Guard District Ombudsmen.
Sec. 215. Coast Guard commissioned officers: compulsory retirement.
Sec. 216. Enforcement of coastwise trade laws.
Sec. 217. Report on sexual assaults in the Coast Guard.
Sec. 218. Home port of Coast Guard vessels in Guam.
Sec. 219. Supplemental positioning system.
Sec. 220. Assistance to foreign governments and maritime authorities.
Sec. 221. Coast guard housing.
Sec. 222. Child development services.
Sec. 223. Chaplain activity expense.
Sec. 224. Coast Guard cross; silver star medal.

                   TITLE III--SHIPPING AND NAVIGATION

Sec. 301. Seaward extension of anchorage grounds jurisdiction.
Sec. 302. Maritime Drug Law Enforcement Act amendment-simple possession.
Sec. 303. Technical amendments to tonnage measurement law.
Sec. 304. Merchant mariner document standards.
Sec. 305. Ship emission reduction technology demonstration project.
Sec. 306. Phaseout of vessels supporting oil and gas development.
Sec. 307. Arctic marine shipping assessment implementation.

[[Page 124 STAT. 2906]]

                      TITLE IV--ACQUISITION REFORM

Sec. 401. Chief Acquisition Officer.
Sec. 402. Acquisitions.
Sec. 403. National Security Cutters.
Sec. 404. Acquisition workforce expedited hiring authority.

                   TITLE V--COAST GUARD MODERNIZATION

Sec. 501. Short title.

                   Subtitle A--Coast Guard Leadership

Sec. 511. Vice admirals.

                     Subtitle B--Workforce Expertise

Sec. 521. Prevention and response staff.
Sec. 522. Marine safety mission priorities and long-term goals.
Sec. 523. Powers and duties.
Sec. 524. Appeals and waivers.
Sec. 525. Coast Guard Academy.
Sec. 526. Report regarding civilian marine inspectors.

                         TITLE VI--MARINE SAFETY

Sec. 601. Short title.
Sec. 602. Vessel size limits.
Sec. 603. Cold weather survival training.
Sec. 604. Fishing vessel safety.
Sec. 605. Mariner records.
Sec. 606. Deletion of exemption of license requirement for operators of 
           certain towing vessels.
Sec. 607. Log books.
Sec. 608. Safe operations and equipment standards.
Sec. 609. Approval of survival craft.
Sec. 610. Safety management.
Sec. 611. Protection against discrimination.
Sec. 612. Oil fuel tank protection.
Sec. 613. Oaths.
Sec. 614. Duration of licenses, certificates of registry, and merchant 
           mariners' documents.
Sec. 615. Authorization to extend the duration of licenses, certificates 
           of registry, and merchant mariners' documents.
Sec. 616. Merchant mariner assistance report.
Sec. 617. Offshore supply vessels.
Sec. 618. Associated equipment.
Sec. 619. Lifesaving devices on uninspected vessels.
Sec. 620. Study of blended fuels in marine application.
Sec. 621. Renewal of advisory committees.
Sec. 622. Delegation of authority.

                   TITLE VII--OIL POLLUTION PREVENTION

Sec. 701. Rulemakings.
Sec. 702. Oil transfers from vessels.
Sec. 703. Improvements to reduce human error and near miss incidents.
Sec. 704. Olympic Coast National Marine Sanctuary.
Sec. 705. Prevention of small oil spills.
Sec. 706. Improved coordination with tribal governments.
Sec. 707. Report on availability of technology to detect the loss of 
           oil.
Sec. 708. Use of oil spill liability trust fund.
Sec. 709. International efforts on enforcement.
Sec. 710. Higher volume port area regulatory definition change.
Sec. 711. Tug escorts for laden oil tankers.
Sec. 712. Extension of financial responsibility.
Sec. 713. Liability for use of single-hull vessels.

                        TITLE VIII--PORT SECURITY

Sec. 801. America's Waterway Watch Program.
Sec. 802. Transportation Worker Identification Credential.
Sec. 803. Interagency operational centers for port security.
Sec. 804. Deployable, specialized forces.
Sec. 805. Coast Guard detection canine team program expansion.
Sec. 806. Coast Guard port assistance Program.
Sec. 807. Maritime biometric identification.

[[Page 124 STAT. 2907]]

Sec. 808. Pilot Program for fingerprinting of maritime workers.
Sec. 809. Transportation security cards on vessels.
Sec. 810. Maritime Security Advisory Committees.
Sec. 811. Seamen's shoreside access.
Sec. 812. Waterside security of especially hazardous cargo.
Sec. 813. Review of liquefied natural gas facilities.
Sec. 814. Use of secondary authentication for transportation security 
           cards.
Sec. 815. Assessment of transportation security card enrollment sites.
Sec. 816. Assessment of the feasibility of efforts to mitigate the 
           threat of small boat attack in major ports.
Sec. 817. Report and recommendation for uniform security background 
           checks.
Sec. 818. Transportation security cards: access pending issuance; 
           deadlines for processing; receipt.
Sec. 819. Harmonizing security card expirations.
Sec. 820. Clarification of rulemaking authority.
Sec. 821. Port security training and certification.
Sec. 822. Integration of security plans and systems with local port 
           authorities, State harbor divisions, and law enforcement 
           agencies.
Sec. 823. Transportation security cards.
Sec. 824. Pre-positioning interoperable communications equipment at 
           interagency operational centers.
Sec. 825. International port and facility inspection coordination.
Sec. 826. Area transportation security incident mitigation plan.
Sec. 827. Risk based resource allocation.
Sec. 828. Port security zones.

                   TITLE IX--MISCELLANEOUS PROVISIONS

Sec. 901. Waivers.
Sec. 902. Crew wages on passenger vessels.
Sec. 903. Technical corrections.
Sec. 904. Manning requirement.
Sec. 905. Study of bridges over navigable waters.
Sec. 906. Limitation on jurisdiction of States to tax certain seamen.
Sec. 907. Land conveyance, Coast Guard property in Marquette County, 
           Michigan, to the City of Marquette, Michigan.
Sec. 908. Mission requirement analysis for navigable portions of the Rio 
           Grande River, Texas, international water boundary.
Sec. 909. Conveyance of Coast Guard property in Cheboygan, Michigan.
Sec. 910. Alternative licensing program for operators of uninspected 
           passenger vessels on Lake Texoma in Texas and Oklahoma.
Sec. 911. Strategy regarding drug trafficking vessels.
Sec. 912. Use of force against piracy.
Sec. 913. Technical amendments to chapter 313 of title 46, United States 
           Code.
Sec. 914. Conveyance of Coast Guard vessels for public purposes.
Sec. 915. Assessment of certain aids to navigation and traffic flow.
Sec. 916. Fresnel Lens from Presque Isle Light Station in Presque Isle, 
           Michigan.
Sec. 917. Maritime Law Enforcement.
Sec. 918. Capital investment plan.
Sec. 919. Reports.
Sec. 920. Compliance provision.
Sec. 921. Conveyance of Coast Guard property in Portland, Maine.

                          TITLE X--CLEAN HULLS

                     Subtitle A--General Provisions

Sec. 1011. Definitions.
Sec. 1012. Covered vessels.
Sec. 1013. Administration and enforcement.
Sec. 1014. Compliance with international law.
Sec. 1015. Utilization of personnel, facilities or equipment of other 
           Federal departments and agencies.

              Subtitle B--Implementation of the Convention

Sec. 1021. Certificates.
Sec. 1022. Declaration.
Sec. 1023. Other compliance documentation.
Sec. 1024. Process for considering additional controls.
Sec. 1025. Scientific and technical research and monitoring; 
           communication and information.
Sec. 1026. Communication and exchange of information.

           Subtitle C--Prohibitions and Enforcement Authority

Sec. 1031. Prohibitions.

[[Page 124 STAT. 2908]]

Sec. 1032. Investigations and inspections by Secretary.
Sec. 1033. EPA enforcement.
Sec. 1034. Additional authority of the Administrator.

        Subtitle D--Action on Violation, Penalties, and Referrals

Sec. 1041. Criminal enforcement.
Sec. 1042. Civil enforcement.
Sec. 1043. Liability in rem.
Sec. 1044. Vessel clearance or permits; refusal or revocation; bond or 
           other surety.
Sec. 1045. Warnings, detentions, dismissals, exclusion.
Sec. 1046. Referrals for appropriate action by foreign country.
Sec. 1047. Remedies not affected.
Sec. 1048. Repeal.

                         TITLE I--AUTHORIZATION

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are authorized to be appropriated for fiscal year 2011 for 
necessary expenses of the Coast Guard as follows:
            (1) For the operation and maintenance of the Coast Guard, 
        $6,970,681,000 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, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto, $1,640,000,000, 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, to 
                remain available until expended;
                    (B) $1,233,502,000 is authorized for the Integrated 
                Deepwater System Program; and
                    (C) $100,000,000 is authorized for shore facilities 
                and aids to navigation.
            (3) To the Commandant of the Coast Guard for research, 
        development, test, and evaluation of technologies, materials, 
        and human factors directly relating 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, $28,034,000, to remain 
        available until expended, of which $500,000 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.
            (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 care of retired 
        personnel and their dependents under chapter 55 of title 10, 
        United States Code, $1,400,700,000, 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 Bridge Alteration Program, $16,000,000.
            (6) For environmental compliance and restoration at Coast 
        Guard facilities (other than parts and equipment associated

[[Page 124 STAT. 2909]]

        with operation and maintenance), $13,329,000, to remain 
        available until expended.
            (7) For the Coast Guard Reserve program, including personnel 
        and training costs, equipment, and services, $135,675,000.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.

    (a) Active Duty Strength.--The Coast Guard is authorized an end-of-
year strength for active duty personnel of 47,000 for the fiscal year 
ending on September 30, 2011.
    (b) Military Training Student Loads.--For fiscal year 2011, the 
Coast Guard is authorized average military training student loads as 
follows:
            (1) For recruit and special training, 2,500 student years.
            (2) For flight training, 165 student years.
            (3) For professional training in military and civilian 
        institutions, 350 student years.
            (4) For officer acquisition, 1,200 student years.

                          TITLE II--COAST GUARD

SEC. 201. APPOINTMENT OF CIVILIAN COAST GUARD JUDGES.

    (a) In General.--Chapter 7 of title 14, United States Code, is 
amended by adding at the end the following:
``Sec. 153. Appointment of judges

    ``The Secretary may appoint civilian employees of the department in 
which the Coast Guard is operating as appellate military judges, 
available for assignment to the Coast Guard Court of Criminal Appeals as 
provided for in section 866(a) of title 10.''.
    (b) Clerical <<NOTE: 14 USC 141.>> Amendment.--The analysis for such 
chapter is amended by adding at the end the following:

``153. Appointment of judges.''.

SEC. 202. INDUSTRIAL ACTIVITIES.

    Section 151 of title 14, United States Code, is amended--
            (1) by inserting ``(a) In General.--'' before ``All 
        orders''; and
            (2) by adding at the end the following:

    ``(b) Orders and Agreements for Industrial Activities.--Under this 
section, the Coast Guard industrial activities may accept orders from 
and enter into reimbursable agreements with establishments, agencies, 
and departments of the Department of Defense and the Department of 
Homeland Security.''.
SEC. 203. REIMBURSEMENT FOR MEDICAL-RELATED TRAVEL EXPENSES.

    (a) In General.--Chapter 13 of title 14, United States Code, is 
amended by adding at the end the following:
``Sec. 518. Reimbursement for medical-related travel expenses for 
                certain persons residing on islands in the 
                continental United States

    ``In any case in which a covered beneficiary (as defined in section 
1072(5) of title 10) resides on an island that is located

[[Page 124 STAT. 2910]]

in the 48 contiguous States and the District of Columbia and that lacks 
public access roads to the mainland and is referred by a primary care 
physician to a specialty care provider (as defined in section 1074i(b) 
of title 10) on the mainland who provides services less than 100 miles 
from the location where the beneficiary resides, the Secretary shall 
reimburse the reasonable travel expenses of the covered beneficiary and, 
when accompaniment by an adult is necessary, for a parent or guardian of 
the covered beneficiary or another member of the covered beneficiary's 
family who is at least 21 years of age.''.
    (b) Clerical <<NOTE: 14 USC 461.>> Amendment.--The analysis for such 
chapter is amended by adding at the end the following:

``518. Reimbursement for medical-related travel expenses for certain 
           persons residing on islands in the continental United 
           States.''.

SEC. 204. COMMISSIONED OFFICERS.

    (a) Active Duty Promotion List.--Section 42 of title 14, United 
States Code, is amended to read as follows:
``Sec. 42. Number and distribution of commissioned officers on 
              active duty promotion list

    ``(a) Maximum Total Number.--The total number of Coast Guard 
commissioned officers on the active duty promotion list, excluding 
warrant officers, shall not exceed 7,200; except that the Commandant may 
temporarily increase that number by up to 2 percent for no more than 60 
days following the date of the commissioning of a Coast Guard Academy 
class.
    ``(b) Distribution Percentages by Grade.--
            ``(1) Required.--The total number of commissioned officers 
        authorized by this section shall be distributed in grade in the 
        following percentages: 0.375 percent for rear admiral; 0.375 
        percent for rear admiral (lower half); 6.0 percent for captain; 
        15.0 percent for commander; and 22.0 percent for lieutenant 
        commander.
            ``(2) Discretionary.--The Secretary shall prescribe the 
        percentages applicable to the grades of lieutenant, lieutenant 
        (junior grade), and ensign.
            ``(3) Authority of secretary to reduce percentage.--The 
        Secretary--
                    ``(A) may reduce, as the needs of the Coast Guard 
                require, any of the percentages set forth in paragraph 
                (1); and
                    ``(B) shall <<NOTE: Applicability.>> apply that 
                total percentage reduction to any other lower grade or 
                combination of lower grades.

    ``(c) Computations.--
            ``(1) In general.--The Secretary shall compute, at least 
        once each year, the total number of commissioned officers 
        authorized to serve in each grade by applying the grade 
        distribution percentages established by or under this section to 
        the total number of commissioned officers listed on the current 
        active duty promotion list.
            ``(2) Rounding fractions.--Subject to subsection (a), in 
        making the computations under paragraph (1), any fraction shall 
        be rounded to the nearest whole number.
            ``(3) Treatment of officers serving outside coast guard.--
        The number of commissioned officers on the active duty promotion 
        list below the rank of rear admiral (lower

[[Page 124 STAT. 2911]]

        half) serving with other Federal departments or agencies on a 
        reimbursable basis or excluded under section 324(d) of title 49 
        shall not be counted against the total number of commissioned 
        officers authorized to serve in each grade.

    ``(d) Use of Numbers; Temporary Increases.--The numbers resulting 
from computations under subsection (c) shall be, for all purposes, the 
authorized number in each grade; except that the authorized number for a 
grade is temporarily increased during the period between one computation 
and the next by the number of officers originally appointed in that 
grade during that period and the number of officers of that grade for 
whom vacancies exist in the next higher grade but whose promotion has 
been delayed for any reason.
    ``(e) Officers Serving Coast Guard Academy and Reserve.--The number 
of officers authorized to be serving on active duty in each grade of the 
permanent commissioned teaching staff of the Coast Guard Academy and of 
the Reserve serving in connection with organizing, administering, 
recruiting, instructing, or training the reserve components shall be 
prescribed by the Secretary.''.
    (b) Clerical <<NOTE: 14 USC 41.>> Amendment.--The analysis for 
chapter 3 of such title is amended by striking the item relating to 
section 42 and inserting the following:

``42. Number and distribution of commissioned officers on active duty 
           promotion list.''.

SEC. 205. COAST GUARD PARTICIPATION IN THE ARMED FORCES RETIREMENT 
                        HOME (AFRH) SYSTEM.

    (a) In General.--Section 1502 of the Armed Forces Retirement Home 
Act of 1991 (24 U.S.C. 401) is amended--
            (1) by striking paragraph (4);
            (2) in paragraph (5)--
                    (A) by striking ``and'' at the end of subparagraph 
                (C);
                    (B) by striking the period at the end of 
                subparagraph (D) and inserting ``; and''; and
                    (C) by inserting at the end the following:
                    ``(E) the Assistant Commandant of the Coast Guard 
                for Human Resources.''; and
            (3) by adding at the end of paragraph (6) the following:
                    ``(E) The Master Chief Petty Officer of the Coast 
                Guard.''.

    (b) Conforming Amendments.--(1) Section 2772 of title 10, United 
States Code, is amended--
            (A) in subsection (a) by inserting ``or, in the case of the 
        Coast Guard, the Commandant'' after ``concerned''; and
            (B) by striking subsection (c).

    (2) Section 1007(i) of title 37, United States Code, is amended--
            (A) in paragraph (3) by inserting ``or, in the case of the 
        Coast Guard, the Commandant'' after ``Secretary of Defense'';
            (B) by striking paragraph (4); and
            (C) by redesignating paragraph (5) as paragraph (4).
SEC. 206. GRANTS TO INTERNATIONAL MARITIME ORGANIZATIONS.

    Section 149 of title 14, United States Code, is amended by adding at 
the end the following:
    ``(c) Grants to International Maritime Organizations.--After 
consultation with the Secretary of State, the Commandant may make grants 
to, or enter into cooperative agreements, contracts,

[[Page 124 STAT. 2912]]

or other agreements with, international maritime organizations for the 
purpose of acquiring information or data about merchant vessel 
inspections, security, safety, environmental protection, classification, 
and port state or flag state law enforcement or oversight.''.
SEC. 207. LEAVE RETENTION AUTHORITY.

    (a) In General.--Chapter 11 of title 14, United States Code, is 
amended by inserting after section 425 the following:
``Sec. 426. Emergency leave retention authority

    ``(a) In General.--A duty assignment for an active duty member of 
the Coast Guard in support of a declaration of a major disaster or 
emergency by the President under the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or in response to 
a spill of national significance shall be treated, for the purpose of 
section 701(f)(2) of title 10, as a duty assignment in support of a 
contingency operation.
    ``(b) Definitions.--In this section:
            ``(1) Spill of national significance.--The term `spill of 
        national significance' means a discharge of oil or a hazardous 
        substance that is declared by the Commandant to be a spill of 
        national significance.
            ``(2) Discharge.--The term `discharge' has the meaning given 
        that term in section 1001 of the Oil Pollution Act of 1990 (33 
        U.S.C. 2701).''.

    (b) Clerical <<NOTE: 14 USC 211.>> Amendment.--The analysis for such 
chapter is amended by inserting after the item relating to section 425 
the following:

``426. Emergency leave retention authority.''.

    (c) Application.--The <<NOTE: Effective date. 14 USC 426 
note.>> amendments made by this section shall be deemed to have been 
enacted on April 19, 2010.
SEC. 208. ENFORCEMENT AUTHORITY.

    (a) In General.--Chapter 5 of title 14, United States Code, is 
amended by adding at the end the following:
``Sec. 99. Enforcement authority

    ``Subject to guidelines approved by the Secretary, members of the 
Coast Guard, in the performance of official duties, may--
            ``(1) carry a firearm; and
            ``(2) while at a facility (as defined in section 70101 of 
        title 46)--
                    ``(A) make an arrest without warrant for any offense 
                against the United States committed in their presence; 
                and
                    ``(B) seize property as otherwise provided by 
                law.''.

    (b) Conforming Repeal.--Section 70117 of title 46, United States 
Code, and the item relating to such section in the analysis at the 
beginning of chapter 701 of such title, are repealed.
    (c) Clerical <<NOTE: 14 USC 81.>> Amendment.--The analysis for such 
chapter is amended by adding at the end the following:

``99. Enforcement authority.''.

SEC. 209. <<NOTE: 14 USC 211.>> REPEAL.

    Section 216 of title 14, United States Code, and the item relating 
to such section in the analysis for chapter 11 of such title, are 
repealed.

[[Page 124 STAT. 2913]]

SEC. 210. MERCHANT MARINER MEDICAL ADVISORY COMMITTEE.

    (a) In General.--Chapter 71 of title 46, United States Code, is 
amended by adding at the end the following new section:
``Sec. 7115. Merchant Mariner Medical Advisory Committee

    ``(a) Establishment.--
            ``(1) In general.--There is established a Merchant Mariner 
        Medical Advisory Committee (in this section referred to as the 
        `Committee').
            ``(2) Functions.--The Committee shall advise the Secretary 
        on matters relating to--
                    ``(A) medical certification determinations for 
                issuance of licences, certificates of registry, and 
                merchant mariners' documents;
                    ``(B) medical standards and guidelines for the 
                physical qualifications of operators of commercial 
                vessels;
                    ``(C) medical examiner education; and
                    ``(D) medical research.

    ``(b) Membership.--
            ``(1) In general.--The Committee shall consist of 14 
        members, none of whom is a Federal employee, and shall include--
                    ``(A) ten who are health-care professionals with 
                particular expertise, knowledge, or experience regarding 
                the medical examinations of merchant mariners or 
                occupational medicine; and
                    ``(B) four who are professional mariners with 
                knowledge and experience in mariner occupational 
                requirements.
            ``(2) Status of members.--Members of the Committee shall not 
        be considered Federal employees or otherwise in the service or 
        the employment of the Federal Government, except that members 
        shall be considered special Government employees, as defined in 
        section 202(a) of title 18, United States Code, and shall be 
        subject to any administrative standards of conduct applicable to 
        the employees of the department in which the Coast Guard is 
        operating.

    ``(c) Appointments; Terms; Vacancies.--
            ``(1) Appointments.--The Secretary shall appoint the members 
        of the Committee, and each member shall serve at the pleasure of 
        the Secretary.
            ``(2) Terms.--Each member shall be appointed for a term of 
        five years, except that, of the members first appointed, three 
        members shall be appointed for a term of two years.
            ``(3) Vacancies.--Any member appointed to fill the vacancy 
        prior to the expiration of the term for which that member's 
        predecessor was appointed shall be appointed for the remainder 
        of that term.

    ``(d) Chairman and Vice Chairman.--The Secretary shall designate one 
member of the Committee as the Chairman and one member as the Vice 
Chairman. The Vice Chairman shall act as Chairman in the absence or 
incapacity of, or in the event of a vacancy in the office of, the 
Chairman.
    ``(e) Compensation; Reimbursement.--Members of the Committee shall 
serve without compensation, except that, while engaged in the 
performance of duties away from their homes or regular places of 
business of the member, the member of the Committee may be allowed 
travel expenses, including per diem in lieu of subsistence, as 
authorized by section 5703 of title 5.

[[Page 124 STAT. 2914]]

    ``(f) Staff; Services.--The Secretary shall furnish to the Committee 
the personnel and services as are considered necessary for the conduct 
of its business.''.
    (b) First <<NOTE: Deadline. 14 USC 7115 note.>> Meeting.--No later 
than six months after the date of enactment of this Act, the Merchant 
Mariner Medical Advisory Committee established by the amendment made by 
this section shall hold its first meeting.

    (c) Clerical <<NOTE: 14 USC 7101.>> Amendment.--The analysis for 
chapter 71 of that title is amended by adding at the end the following:

``7115. Merchant Mariner Medical Advisory Committee.''.

SEC. 211. RESERVE COMMISSIONED WARRANT OFFICER TO LIEUTENANT 
                        PROGRAM.

    Section 214(a) of title 14, United States Code, is amended to read 
as follows:
    ``(a) The president may appoint temporary commissioned officers--
            ``(1) in the Regular Coast Guard in a grade, not above 
        lieutenant, appropriate to their qualifications, experience, and 
        length of service, as the needs of the Coast Guard may require, 
        from among the commissioned warrant officers, warrant officers, 
        and enlisted members of the Coast Guard, and from holders of 
        licenses issued under chapter 71 of title 46; and
            ``(2) in the Coast Guard Reserve in a grade, not above 
        lieutenant, appropriate to their qualifications, experience, and 
        length of service, as the needs of the Coast Guard may require, 
        from among the commissioned warrant officers of the Coast Guard 
        Reserve.''.
SEC. 212. ENHANCED STATUS QUO OFFICER PROMOTION SYSTEM.

    Chapter 11 of title 14, United States Code, is amended--
            (1) in section 253(a)--
                    (A) by inserting ``and'' after ``considered,''; and
                    (B) by striking ``, and the number of officers the 
                board may recommend for promotion'';
            (2) in section 258--
                    (A) by inserting ``(a) In General.--'' before ``The 
                Secretary shall'' ;
                    (B) in subsection (a) (as so designated) by striking 
                the colon at the end of the material preceding paragraph 
                (1) and inserting ``--''; and
                    (C) by adding at the end the following:

    ``(b) Provision of Direction and Guidance.--
            ``(1) In addition to the information provided pursuant to 
        subsection (a), the Secretary may furnish the selection board--
                    ``(A) specific direction relating to the needs of 
                the Coast Guard for officers having particular skills, 
                including direction relating to the need for a minimum 
                number of officers with particular skills within a 
                specialty; and
                    ``(B) any other guidance that the Secretary believes 
                may be necessary to enable the board to properly perform 
                its functions.
            ``(2) Selections made based on the direction and guidance 
        provided under this subsection shall not exceed the maximum 
        percentage of officers who may be selected from below the 
        announced promotion zone at any given selection board convened 
        under section 251 of this title.'';

[[Page 124 STAT. 2915]]

            (3) in section 259(a), by inserting after ``whom the board'' 
        the following: ``, giving due consideration to the needs of the 
        Coast Guard for officers with particular skills so noted in 
        specific direction furnished to the board by the Secretary under 
        section 258 of this title,''; and
            (4) in section 260(b), by inserting after ``qualified for 
        promotion'' the following: ``to meet the needs of the service 
        (as noted in specific direction furnished the board by the 
        Secretary under section 258 of this title)''.
SEC. 213. COAST GUARD VESSELS AND AIRCRAFT.

    (a) Authority To Fire At or Into a Vessel.--Section 637(c) of title 
14, United States Code, is amended--
            (1) in paragraph (1), by striking ``; or'' and inserting a 
        semicolon;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(3) any other vessel or aircraft on government 
        noncommercial service when--
                    ``(A) the vessel or aircraft is under the tactical 
                control of the Coast Guard; and
                    ``(B) at least one member of the Coast Guard is 
                assigned and conducting a Coast Guard mission on the 
                vessel or aircraft.''.

    (b) Authority To Display Coast Guard Ensigns and Pennants.--Section 
638(a) of title 14, United States Code, is amended by striking ``Coast 
Guard vessels and aircraft'' and inserting ``Vessels and aircraft 
authorized by the Secretary''.
SEC. 214. COAST GUARD DISTRICT OMBUDSMEN.

    (a) In General.--Chapter 3 of title 14, United States Code, is 
amended by adding at the end the following new section:
``Sec. 55. District Ombudsmen

    ``(a) In <<NOTE: Appointment.>> General.--The Commandant shall 
appoint in each Coast Guard District a District Ombudsman to serve as a 
liaison between ports, terminal operators, shipowners, and labor 
representatives and the Coast Guard.

    ``(b) Purpose.--The purpose of the District Ombudsman shall be the 
following:
            ``(1) To support the operations of the Coast Guard in each 
        port in the District for which the District Ombudsman is 
        appointed.
            ``(2) To improve communications between and among port 
        stakeholders including, port and terminal operators, ship 
        owners, labor representatives, and the Coast Guard.
            ``(3) To seek to resolve disputes between the Coast Guard 
        and all petitioners regarding requirements imposed or services 
        provided by the Coast Guard.

    ``(c) Functions.--
            ``(1) Complaints.--The District Ombudsman may examine 
        complaints brought to the attention of the District Ombudsman by 
        a petitioner operating in a port or by Coast Guard personnel.
            ``(2) Guidelines for disputes.--
                    ``(A) In general.--The District Ombudsman shall 
                develop guidelines regarding the types of disputes with

[[Page 124 STAT. 2916]]

                respect to which the District Ombudsman will provide 
                assistance.
                    ``(B) Limitation.--The District Ombudsman shall not 
                provide assistance with respect to a dispute unless it 
                involves the impact of Coast Guard requirements on port 
                business and the flow of commerce.
                    ``(C) Priority.--In providing such assistance, the 
                District Ombudsman shall give priority to complaints 
                brought by petitioners who believe they will suffer a 
                significant hardship as the result of implementing a 
                Coast Guard requirement or being denied a Coast Guard 
                service.
            ``(3) Consultation.--The District Ombudsman may consult with 
        any Coast Guard personnel who can aid in the investigation of a 
        complaint.
            ``(4) Access to information.--The District Ombudsman shall 
        have access to any Coast Guard document, including any record or 
        report, that will aid the District Ombudsman in obtaining the 
        information needed to conduct an investigation of a complaint.
            ``(5) Reports.--At the conclusion of an investigation, the 
        District Ombudsman shall submit a report on the findings and 
        recommendations of the District Ombudsman, to the Commander of 
        the District in which the petitioner who brought the complaint 
        is located or operating.
            ``(6) Deadline.--The District Ombudsman shall seek to 
        resolve each complaint brought in accordance with the 
        guidelines--
                    ``(A) in a timely fashion; and
                    ``(B) not later than 4 months after the complaint is 
                officially accepted by the District Ombudsman.

    ``(d) Appointment.--The Commandant shall appoint as the District 
Ombudsman an individual who has experience in port and transportation 
systems and knowledge of port operations or of maritime commerce (or 
both).
    ``(e) Annual Reports.--The Secretary shall report annually to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate on the matters brought before the District 
Ombudsmen, including--
            ``(1) the number of matters brought before each District 
        Ombudsman;
            ``(2) a brief summary of each such matter; and
            ``(3) the eventual resolution of each such matter.''.

    (b) Clerical <<NOTE: 14 USC 41.>> Amendment.--The analysis at the 
beginning of that chapter is amended by adding at the end the following 
new item:

``55. District Ombudsmen.''.

SEC. 215. COAST GUARD COMMISSIONED OFFICERS: COMPULSORY 
                        RETIREMENT.

    (a) In General.--Chapter 11 of title 14, United States Code, is 
amended by striking section 293 and inserting the following:
``Sec. 293. Compulsory retirement

    ``(a) Regular Commissioned Officers.--Any regular commissioned 
officer, except a commissioned warrant officer, serving in a grade below 
rear admiral (lower half) shall be retired on the

[[Page 124 STAT. 2917]]

first day of the month following the month in which the officer becomes 
62 years of age.
    ``(b) Flag-Officer Grades.--(1) Except as provided in paragraph (2), 
any regular commissioned officer serving in a grade of rear admiral 
(lower half) or above shall be retired on the first day of the month 
following the month in which the officer becomes 64 years of age.
    ``(2) The retirement of an officer under paragraph (1) may be 
deferred--
            ``(A) by the President, but such a deferment may not extend 
        beyond the first day of the month following the month in which 
        the officer becomes 68 years of age; or
            ``(B) by the Secretary of the department in which the Coast 
        Guard is operating, but such a deferment may not extend beyond 
        the first day of the month following the month in which the 
        officer becomes 66 years of age.''.

    (b) Clerical <<NOTE: 14 USC 211.>> Amendment.--The analysis at the 
beginning of such chapter is amended by striking the item relating to 
such section and inserting the following:

``293. Compulsory retirement.''.

SEC. 216. ENFORCEMENT OF COASTWISE TRADE LAWS.

    (a) In General.--Chapter 5 of title 14, United States Code, is 
further amended by adding at the end the following:
``Sec. 100. Enforcement of coastwise trade laws

    ``Officers and members of the Coast Guard are authorized to enforce 
chapter 551 of title 46. The Secretary shall establish a program for 
these officers and members to enforce that chapter.''.
    (b) Clerical <<NOTE: 14 USC 81.>> Amendment.--The analysis for that 
chapter is further amended by adding at the end the following new item:

``100. Enforcement of coastwise trade laws.''.

    (c) Report.--The Secretary of the department in which the Coast 
Guard is operating shall submit a report to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Senate Committee on Commerce, Science, and Transportation within 1 
year after the date of enactment of this Act on the enforcement 
strategies and enforcement actions taken to enforce the coastwise trade 
laws.
SEC. 217. REPORT <<NOTE: 14 USC 93 note.>> ON SEXUAL ASSAULTS IN 
                        THE COAST GUARD.

    (a) In General.--Not later than January 15 of each year, the 
Commandant of the Coast Guard shall submit a report on the sexual 
assaults involving members of the Coast Guard to the Committee on 
Transportation and Infrastructure and the Committee on Homeland Security 
of the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate.
    (b) Contents.--The report required under subsection (a) shall 
contain the following:
            (1) The number of sexual assaults against members of the 
        Coast Guard, and the number of sexual assaults by members of the 
        Coast Guard, that were reported to military officials during the 
        year covered by such report, and the number of the cases so 
        reported that were substantiated.

[[Page 124 STAT. 2918]]

            (2) A synopsis of, and the disciplinary action taken in, 
        each substantiated case.
            (3) The policies, procedures, and processes implemented by 
        the Secretary concerned during the year covered by such report 
        in response to incidents of sexual assault involving members of 
        the Coast Guard concerned.
            (4) A plan for the actions that are to be taken in the year 
        following the year covered by such report on the prevention of 
        and response to sexual assault involving members of the Coast 
        Guard concerned.
SEC. 218. HOME PORT OF COAST GUARD VESSELS IN GUAM.

    Section 96 of title 14, United States Code, is amended--
            (1) by striking ``a State of the United States'' and 
        inserting ``the United States or Guam''; and
            (2) by inserting ``or Guam'' after ``outside the United 
        States''.
SEC. 219. <<NOTE: Deadline. Study. Notification.>> SUPPLEMENTAL 
                        POSITIONING SYSTEM.

    Not later than 180 days after date of enactment of this Act, the 
Secretary of the department in which the Coast Guard is operating in 
consultation with the Commandant of the Coast Guard shall conclude their 
study of whether a single, domestic system is needed as a back-up 
navigation system to the Global Positioning System and notify the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate the results of such determination.
SEC. 220. ASSISTANCE TO FOREIGN GOVERNMENTS AND MARITIME 
                        AUTHORITIES.

    Section 149 of title 14, United States Code, as amended by section 
206, is further amended by adding at the end the following:
    ``(d) Authorized Activities.--
            ``(1) The Commandant may use funds for--
                    ``(A) the activities of traveling contact teams, 
                including any transportation expense, translation 
                services expense, or administrative expense that is 
                related to such activities;
                    ``(B) the activities of maritime authority liaison 
                teams of foreign governments making reciprocal visits to 
                Coast Guard units, including any transportation expense, 
                translation services expense, or administrative expense 
                that is related to such activities;
                    ``(C) seminars and conferences involving members of 
                maritime authorities of foreign governments;
                    ``(D) distribution of publications pertinent to 
                engagement with maritime authorities of foreign 
                governments; and
                    ``(E) personnel expenses for Coast Guard civilian 
                and military personnel to the extent that those expenses 
                relate to participation in an activity described in 
                subparagraph (C) or (D).
            ``(2) An activity may not be conducted under this subsection 
        with a foreign country unless the Secretary of State approves 
        the conduct of such activity in that foreign country.''.

[[Page 124 STAT. 2919]]

SEC. 221. COAST GUARD HOUSING.

    (a) In General.--Chapter 18 of title 14, United States Code, is 
amended--
            (1) in section 680--
                    (A) by striking paragraphs (1), (2), and (3) and 
                inserting the following new paragraphs:
            ``(1) The term `construct' means to build, renovate, or 
        improve military family housing and military unaccompanied 
        housing.
            ``(2) The term `construction' means building, renovating, or 
        improving military family housing and military unaccompanied 
        housing.''; and
                    (B) by redesignating paragraphs (4) and (5) as 
                paragraphs (3) and (4), respectively;
            (2) in section 681(a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``exercise any authority or any combination of 
                authorities provided under this chapter in order to 
                provide for the acquisition or construction by private 
                persons, including a small business concern qualified 
                under section 8(a) of the Small Business Act (15 U.S.C. 
                637(a)), of the following:'' and inserting ``acquire or 
                construct the following:'';
                    (B) in paragraph (1), by striking ``Family housing 
                units'' and inserting ``Military family housing''; and
                    (C) in paragraph (2), by striking ``Unaccompanied 
                housing units'' and inserting ``Military unaccompanied 
                housing'';
            (3) by repealing sections 682, 683, and 684;
            (4) by amending section 685 to read as follows:
``Sec. 685. Conveyance of real property

    ``(a) Conveyance Authorized.--Notwithstanding any other provision of 
law, the Secretary may convey, at fair market value, real property, 
owned or under the administrative control of the Coast Guard, for the 
purpose of expending the proceeds from such conveyance to acquire and 
construct military family housing and military unaccompanied housing.
    ``(b) Terms and Conditions.--
            ``(1) The conveyance of real property under this section 
        shall be by sale, for cash. The Secretary shall deposit the 
        proceeds from the sale in the Coast Guard Housing Fund 
        established under section 687 of this title, for the purpose of 
        expending such proceeds to acquire and construct military family 
        housing and military unaccompanied housing.
            ``(2) The conveyance of real property under this section 
        shall not diminish the mission capacity of the Coast Guard, but 
        further the mission support capability of the Coast Guard with 
        regard to military family housing or military unaccompanied 
        housing.

    ``(c) Relationship to Environmental Law.--This section does not 
affect or limit the application of or obligation to comply with any 
environmental law, including section 120(h) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9620(h)).'';
            (5) by repealing section 686;
            (6) in section 687--
                    (A) in subsection (b)--

[[Page 124 STAT. 2920]]

                          (i) in paragraph (2), by striking ``or 
                      unaccompanied'' and inserting ``or military 
                      unaccompanied'';
                          (ii) in paragraph (3)--
                                    (I) by striking ``or lease'';
                                    (II) by striking ``or facilities''; 
                                and
                                    (III) by striking ``military family 
                                and'' and inserting ``military family 
                                housing and''; and
                          (iii) by repealing paragraph (4);
                    (B) subsection (c), by amending paragraph (1) to 
                read as follows:(1) In such amounts as provided in 
                appropriations Acts, and except as provided in 
                subsection (d), the Secretary may use amounts in the 
                Coast Guard Housing Fund to carry out activities under 
                this chapter with respect to military family housing and 
                military unaccompanied housing, including--
                    ``(A) the planning, execution, and administration of 
                the conveyance of real property;
                    ``(B) all necessary expenses, including expenses for 
                environmental compliance and restoration, to prepare 
                real property for conveyance; and
                    ``(C) the conveyance of real property.'';
                    (C) in subsection (e), by striking ``or (b)(3)''; 
                and
                    (D) by repealing subsections (f) and (g);
            (7) by <<NOTE: 14 USC 687a.>> repealing 687a;
            (8) by amending section 688 to read as follows:
``Sec. 688. Reports

    ``The Secretary shall prepare and submit to Congress, concurrent 
with the budget submitted pursuant to section 1105 of title 31, a report 
identifying the contracts or agreements for the conveyance of properties 
pursuant to this chapter executed during the prior calendar year.''; and
            (9) by repealing section 689.

    (b) Savings <<NOTE: 14 USC 680 note.>> Clause.--This section shall 
not affect any action commenced prior to the date of enactment of this 
Act.

    (c) Clerical <<NOTE: 14 USC 680.>> Amendment.--The chapter analysis 
at the beginning of such chapter is amended--
            (1) by striking the items relating to sections 682, 683, 
        684, 686, 687a, and 689; and
            (2) by amending the item relating to section 685 to read as 
        follows:

``685. Conveyance of real property.''.

SEC. 222. CHILD DEVELOPMENT SERVICES.

    Section 515 of title 14, United States Code, is amended--
            (1) by striking subsection (b) and inserting the following:

    ``(b)(1) The Commandant is authorized to use appropriated funds 
available to the Coast Guard to provide child development services.
    ``(2)(A) The <<NOTE: Regulations. Fees.>> Commandant is authorized 
to establish, by regulations, fees to be charged parents for the 
attendance of children at Coast Guard child development centers.

    ``(B) Fees to be charged, pursuant to subparagraph (A), shall be 
based on family income, except that the Commandant may, on a case-by-
base basis, establish fees at lower rates if such rates would not be 
competitive with rates at local child development centers.

[[Page 124 STAT. 2921]]

    ``(C) The Commandant is authorized to collect and expend fees, 
established pursuant to this subparagraph, and such fees shall, without 
further appropriation, remain available until expended for the purpose 
of providing services, including the compensation of employees and the 
purchase of consumable and disposable items, at Coast Guard child 
development centers.
    ``(3) The Commandant is authorized to use appropriated funds 
available to the Coast Guard to provide assistance to family home 
daycare providers so that family home daycare services can be provided 
to uniformed service members and civilian employees of the Coast Guard 
at a cost comparable to the cost of services provided by Coast Guard 
child development centers.'';
            (2) by repealing subsections (d) and (e); and
            (3) by redesignating subsections (f) and (g) as subsections 
        (d) and (e), respectively.
SEC. 223. CHAPLAIN ACTIVITY EXPENSE.

    Section 145 of title 14, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(4) detail personnel from the Chaplain Corps to provide 
        services, pursuant to section 1789 of title 10, to the Coast 
        Guard.''; and
            (2) by adding at the end the following new subsection:

    ``(d)(1) As part of the services provided by the Secretary of the 
Navy pursuant to subsection (a)(4), the Secretary may provide support 
services to chaplain-led programs to assist members of the Coast Guard 
on active duty and their dependents, and members of the reserve 
component in an active status and their dependents, in building and 
maintaining a strong family structure.
    ``(2) In this subsection, the term `support services' include 
transportation, food, lodging, child care, supplies, fees, and training 
materials for members of the Coast Guard on active duty and their 
dependents, and members of the reserve component in an active status and 
their dependents, while participating in programs referred to in 
paragraph (1), including participation at retreats and conferences.
    ``(3) In this subsection, the term `dependents' has the same meaning 
as defined in section 1072(2) of title 10.''.
SEC. 224. COAST GUARD CROSS; SILVER STAR MEDAL.

    (a) Coast Guard Cross.--Chapter 13 of title 14, United States Code, 
is amended by inserting after section 491 the following new section:
``Sec. 491a. Coast Guard cross

    ``The President may award a Coast Guard cross of appropriate design, 
with ribbons and appurtenances, to a person who, while serving in any 
capacity with the Coast Guard, when the Coast Guard is not operating 
under the Department of the Navy, distinguishes himself or herself by 
extraordinary heroism not justifying the award of a medal of honor--
            ``(1) while engaged in an action against an enemy of the 
        United States;

[[Page 124 STAT. 2922]]

            ``(2) while engaged in military operations involving 
        conflict with an opposing foreign force or international 
        terrorist organization; or
            ``(3) while serving with friendly foreign forces engaged in 
        an armed conflict against an opposing armed force in which the 
        United States is not a belligerent party.''.

    (b) Silver Star Medal.--Such chapter is further amended--
            (1) by striking the designation and heading of section 492a 
        and inserting the following:
``Sec. 492b. Distinguished flying cross'';
        and
            (2) by inserting after section 492 the following new 
        section:
``Sec. 492a. Silver star medal

    ``The President may award a silver star medal of appropriate design, 
with ribbons and appurtenances, to a person who, while serving in any 
capacity with the Coast Guard, when the Coast Guard is not operating 
under the Department of the Navy, is cited for gallantry in action that 
does not warrant a medal of honor or Coast Guard cross--
            ``(1) while engaged in an action against an enemy of the 
        United States;
            ``(2) while engaged in military operations involving 
        conflict with an opposing foreign force or international 
        terrorist organization; or
            ``(3) while serving with friendly foreign forces engaged in 
        an armed conflict against an opposing armed force in which the 
        United States is not a belligerent party.''.

    (c) Conforming Amendments.--Such chapter is further amended--
            (1) in section 494, by striking ``distinguished service 
        medal, distinguished flying cross,'' and inserting ``Coast Guard 
        cross, distinguished service medal, silver star medal, 
        distinguished flying cross,'' in both places it appears;
            (2) in section 496--
                    (A) in the matter preceding paragraph (1) of 
                subsection (a), by striking ``distinguished service 
                medal, distinguished flying cross,'' and inserting 
                ``Coast Guard cross, distinguished service medal, silver 
                star medal, distinguished flying cross,''; and
                    (B) in subsection (b)(2), by striking 
                ``distinguished service medal, distinguished flying 
                cross,'' and inserting ``Coast Guard cross, 
                distinguished service medal, silver star medal, 
                distinguished flying cross,''; and
            (3) in section 497, by striking ``distinguished service 
        medal, distinguished flying cross,'' and inserting ``Coast Guard 
        cross, distinguished service medal, silver star medal, 
        distinguished flying cross,''.

    (d) Clerical <<NOTE: 14 USC 461.>> Amendments.--The analysis at the 
beginning of such chapter is amended--
            (1) by inserting after the item relating to section 491 the 
        following new item:

``491a. Coast Guard cross.''.

[[Page 124 STAT. 2923]]

            (2) by striking the item relating to section 492a and 
        inserting the following new items:

``492a. Silver star medal.
``492b. Distinguished flying cross.''.

                   TITLE III--SHIPPING AND NAVIGATION

SEC. 301. SEAWARD EXTENSION OF ANCHORAGE GROUNDS JURISDICTION.

    Section 7 of the Rivers and Harbors Appropriations Act of 1915 (33 
U.S.C. 471) is amended--
            (1) by striking ``That the'' and inserting the following:

    ``(a) In General.--The''.
            (2) in subsection (a) (as designated by paragraph (1)) by 
        striking ``$100; and the'' and inserting ``up to $10,000. Each 
        day during which a violation continues shall constitute a 
        separate violation. The''; and
            (3) by adding at the end the following:

    ``(b) Definition.--As used in this section `navigable waters of the 
United States' includes all waters of the territorial sea of the United 
States as described in Presidential Proclamation No. 5928 of December 
27, 1988.''.
SEC. 302. MARITIME DRUG LAW ENFORCEMENT ACT AMENDMENT-SIMPLE 
                        POSSESSION.

    Section 70506 of title 46, United States Code, is amended by adding 
at the end the following:
    ``(c) Simple Possession.--
            ``(1) In <<NOTE: Penalty.>> general.--Any individual on a 
        vessel subject to the jurisdiction of the United States who is 
        found by the Secretary, after notice and an opportunity for a 
        hearing, to have knowingly or intentionally possessed a 
        controlled substance within the meaning of the Controlled 
        Substances Act (21 U.S.C. 812) shall be liable to the United 
        States for a civil penalty of not to exceed 5,000 
        for <<NOTE: Notification.>> each violation. The Secretary shall 
        notify the individual in writing of the amount of the civil 
        penalty.
            ``(2) Determination of amount.--In determining the amount of 
        the penalty, the Secretary shall consider the nature, 
        circumstances, extent, and gravity of the prohibited acts 
        committed and, with respect to the violator, the degree of 
        culpability, any history of prior offenses, ability to pay, and 
        other matters that justice requires.
            ``(3) Treatment of civil penalty assessment.--Assessment of 
        a civil penalty under this subsection shall not be considered a 
        conviction for purposes of State or Federal law but may be 
        considered proof of possession if such a determination is 
        relevant.''.
SEC. 303. TECHNICAL AMENDMENTS TO TONNAGE MEASUREMENT LAW.

    (a) Definitions.--Section 14101(4) of title 46, United States Code, 
is amended--
            (1) by striking ``engaged'' the first place it appears and 
        inserting ``that engages'';

[[Page 124 STAT. 2924]]

            (2) in subparagraph (A), by striking ``arriving'' and 
        inserting ``that arrives'';
            (3) in subparagraph (B)--
                    (A) by striking ``making'' and inserting ``that 
                makes''; and
                    (B) by striking ``(except a foreign vessel engaged 
                on that voyage)'';
            (4) in subparagraph (C), by striking ``departing'' and 
        inserting ``that departs''; and
            (5) in subparagraph (D), by striking ``making'' and 
        inserting ``that makes''.

    (b) Delegation of Authority.--Section 14103(c) of that title is 
amended by striking ``intended to be engaged on'' and inserting ``that 
engages on''.
    (c) Application.--Section 14301 of that title is amended--
            (1) by amending subsection (a) to read as follows:

    ``(a) Except as otherwise provided in this section, this chapter 
applies to any vessel for which the application of an international 
agreement or other law of the United States to the vessel depends on the 
vessel's tonnage.'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking the period at the 
                end and inserting ``, unless the government of the 
                country to which the vessel belongs elects to measure 
                the vessel under this chapter.'';
                    (B) in paragraph (3), by inserting ``of United 
                States or Canadian registry or nationality, or a vessel 
                operated under the authority of the United States or 
                Canada, and that is'' after ``vessel'';
                    (C) in paragraph (4), by striking ``a vessel (except 
                a vessel engaged'' and inserting ``a vessel of United 
                States registry or nationality, or one operated under 
                the authority of the United States (except a vessel that 
                engages'';
                    (D) by striking paragraph (5);
                    (E) by redesignating paragraph (6) as paragraph (5); 
                and
                    (F) by amending paragraph (5), as so redesignated, 
                to read as follows:
            ``(5) a barge of United States registry or nationality, or a 
        barge operated under the authority of the United States (except 
        a barge that engages on a foreign voyage) unless the owner 
        requests.'';
            (3) by striking subsection (c);
            (4) by redesignating subsections (d) and (e) as subsections 
        (c) and (d), respectively; and
            (5) in subsection (c), as redesignated, by striking ``After 
        July 18, 1994, an existing vessel (except an existing vessel 
        referred to in subsection (b)(5)(A) or (B) of this section)'' 
        and inserting ``An existing vessel that has not undergone a 
        change that the Secretary finds substantially affects the 
        vessel's gross tonnage (or a vessel to which IMO Resolutions 
        A.494 (XII) of November 19, 1981, A.540 (XIII) of November 17, 
        1983, or A.541 (XIII) of November 17, 1983, apply)''.

    (d) Measurement.--Section 14302(b) of that title is amended to read 
as follows:
    ``(b) A vessel measured under this chapter may not be required to be 
measured under another law.''.

[[Page 124 STAT. 2925]]

    (e) Tonnage Certificate.--
            (1) Issuance.--Section 14303 of title 46, United States 
        Code, is amended--
                    (A) in subsection (a), by adding at the end the 
                following: ``For a vessel to which the Convention does 
                not apply, the Secretary shall prescribe a certificate 
                to be issued as evidence of a vessel's measurement under 
                this chapter.'';
                    (B) in subsection (b), by inserting ``issued under 
                this section'' after ``certificate''; and
                    (C) in the section heading by striking 
                ``International'' and ``(1969)''.
            (2) Maintenance.--Section 14503 of that title is amended--
                    (A) by designating the existing text as subsection 
                (a); and
                    (B) by adding at the end the following new 
                subsection:

    ``(b) The certificate shall be maintained as required by the 
Secretary.''.
            (3) Clerical amendment.--The analysis at the beginning of 
        chapter 143 of that title is amended by striking the item 
        relating to section 14303 and inserting the following:

``14303. Tonnage Certificate.''.

    (f) Optional Regulatory Measurement.--Section 14305(a) of that title 
is amended by striking ``documented vessel measured under this 
chapter,'' and inserting ``vessel measured under this chapter that is of 
United States registry or nationality, or a vessel operated under the 
authority of the United States,''.
    (g) Application.--Section 14501 of that title is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) A vessel not measured under chapter 143 of this title 
        if the application of an international agreement or other law of 
        the United States to the vessel depends on the vessel's 
        tonnage.''; and
            (2) in paragraph (2), by striking ``a vessel'' and inserting 
        ``A vessel''.

    (h) Dual Tonnage Measurement.--Section 14513(c) of that title is 
amended--
            (1) in paragraph (1)--
                    (A) by striking ``vessel's tonnage mark is below the 
                uppermost part of the load line marks,'' and inserting 
                ``vessel is assigned two sets of gross and net tonnages 
                under this section,''; and
                    (B) by inserting ``vessel's tonnage'' before 
                ``mark'' the second place such term appears; and
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``as assigned under this section.''.

    (i) Reciprocity for Foreign Vessels.--Subchapter II of chapter 145 
of that title is amended by adding at the end the following:
``Sec. 14514. Reciprocity for foreign vessels

    ``For a foreign vessel not measured under chapter 143, if the 
Secretary finds that the laws and regulations of a foreign country 
related to measurement of vessels are substantially similar to those of 
this chapter and the regulations prescribed under this chapter, the 
Secretary may accept the measurement and certificate of a

[[Page 124 STAT. 2926]]

vessel of that foreign country as complying with this chapter and the 
regulations prescribed under this chapter.''.
    (j) Clerical <<NOTE: 46 USC 14501.>> Amendment.--The analysis for 
subchapter II of chapter 145 of such title is amended by adding at the 
end the following:

``14514. Reciprocity for foreign vessels.''.

SEC. 304. <<NOTE: Deadline.>> MERCHANT MARINER DOCUMENT STANDARDS.

    Not later than 270 days after the date of enactment of this Act, the 
Secretary of the department in which the Coast Guard is operating shall 
submit to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate--
            (1) a <<NOTE: Plans.>> plan, including estimated costs, to 
        ensure that the process for an application, by an individual who 
        has, or has applied for, a transportation security card under 
        section 70105 of title 46, United States Code, for a merchant 
        mariner document can be completed entirely by mail; and
            (2) a <<NOTE: Reports.>> report on the feasibility of, and a 
        timeline to, redesign the merchant mariner document to comply 
        with the requirements of such section, including a biometric 
        identifier, and all relevant international conventions, 
        including the International Labour Organization Convention 
        Number 185 concerning the seafarers identity document, and 
        include a review on whether or not such redesign will eliminate 
        the need for separate identity credentials and background 
        screening and streamline the application process for mariners.
SEC. 305. SHIP EMISSION REDUCTION TECHNOLOGY DEMONSTRATION 
                        PROJECT.

    (a) Study.--The Commandant of the Coast Guard, in conjunction with 
the Administrator of the Environmental Protection Agency, shall conduct 
a study--
            (1) that surveys new technology and new applications of 
        existing technology for reducing air emissions from cargo or 
        passenger vessels that operate in United States waters and 
        ports; and
            (2) that identifies the impediments, including any laws or 
        regulations, to demonstrating the technology identified in 
        paragraph (1).

    (b) Report.--Within 180 days after the date of enactment of this 
Act, the Commandant shall submit a report on the results of the study 
conducted under subsection (a) to the Committee on Transportation and 
Infrastructure and the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation and the Committee on Environment and Public Works of the 
Senate.
SEC. 306. PHASEOUT OF VESSELS SUPPORTING OIL AND GAS DEVELOPMENT.

    (a) In <<NOTE: Determination. Federal Register, 
publication.>> General.--Notwithstanding section 12111(d) of title 46, 
United States Code, foreign-flag vessels may be chartered by, or on 
behalf of, a lessee to be employed for the setting, relocation, or 
recovery of anchors or other mooring equipment of a mobile offshore 
drilling unit that is located over the Outer Continental Shelf (as 
defined in section 2(a) of the Outer Continental Shelf

[[Page 124 STAT. 2927]]

Lands Act (43 U.S.C. 1331(a)) for operations in support of exploration, 
or flow-testing and stimulation of wells, for offshore mineral or energy 
resources in the Beaufort Sea or the Chukchi Sea adjacent to Alaska--
            (1) for <<NOTE: Notice.>> a 1-year period from the date the 
        lessee gives the Secretary of Transportation written notice of 
        the commencement of such exploration drilling if the Secretary 
        determines, after publishing notice in the Federal Register, 
        that insufficient vessels documented under section 12111(d) of 
        title 46, United States Code, are reasonably available and 
        suitable for these support operations and all such reasonably 
        available and suitable vessels are employed in support of such 
        operations; and
            (2) for an additional period until such vessels are 
        available if the Secretary of Transportation determines--
                    (A) that, <<NOTE: Deadline. Contracts.>> by April 30 
                of the year following the commencement of exploration 
                drilling, the lessee has entered into a binding 
                agreement to employ a suitable vessel or vessels to be 
                documented under section 12111(d) of title 46, United 
                States Code, in sufficient numbers and with sufficient 
                suitability to replace any foreign-flag vessel or 
                vessels operating under this section; and
                    (B) after <<NOTE: Notice.>> publishing notice in the 
                Federal Register, that insufficient vessels documented 
                under section 12111(d) of title 46, United States Code, 
                are reasonably available and suitable for these support 
                operations and all such reasonably available and 
                suitable vessels are employed in support of such 
                operations.

    (b) Expiration.--Irrespective of the year in which the commitment 
referred to in subsection (a)(2)(A) occurs, foreign-flag anchor handling 
vessels may not be employed for the setting, relocation, or recovery of 
anchors or other mooring equipment of a mobile offshore drilling unit 
after December 31, 2017.
    (c) Lessee Defined.--In this section, the term ``lessee'' means the 
holder of a lease (as defined in section 1331(c) of title 43, United 
States Code), who, prior to giving the written notice in subsection 
(a)(1), has entered into a binding agreement to employ a suitable vessel 
documented or to be documented under 12111(d) of title 46, United States 
Code.
    (d) Savings Provision.--Nothing in subsection (a) may be construed 
to authorize the employment in the coastwise trade of a vessel that does 
not meet the requirements of 12111 of title 46, United States Code.
SEC. 307. <<NOTE: 14 USC 92 note.>> ARCTIC MARINE SHIPPING 
                        ASSESSMENT IMPLEMENTATION.

    (a) Purpose.--The purpose of this section is to ensure safe and 
secure maritime shipping in the Arctic including the availability of 
aids to navigation, vessel escorts, spill response capability, and 
maritime search and rescue in the Arctic.
    (b) International Maritime Organization Agreements.--To carry out 
the purpose of this section, the Secretary of the department in which 
the Coast Guard is operating is encouraged to enter into negotiations 
through the International Maritime Organization to conclude and execute 
agreements to promote coordinated action among the United States, 
Russia, Canada, Iceland, Norway, and Denmark and other seafaring and 
Arctic nations to ensure, in the Arctic--
            (1) placement and maintenance of aids to navigation;

[[Page 124 STAT. 2928]]

            (2) appropriate marine safety, tug, and salvage 
        capabilities;
            (3) oil spill prevention and response capability;
            (4) maritime domain awareness, including long-range vessel 
        tracking; and
            (5) search and rescue.

    (c) Coordination by Committee on the Maritime Transportation 
System.--The Committee on the Maritime Transportation System established 
under a directive of the President in the Ocean Action Plan, issued 
December 17, 2004, shall coordinate the establishment of domestic 
transportation policies in the Arctic necessary to carry out the purpose 
of this section.
    (d) Agreements and Contracts.--The Secretary of the department in 
which the Coast Guard is operating may, subject to the availability of 
appropriations, enter into cooperative agreements, contracts, or other 
agreements with, or make grants to individuals and governments to carry 
out the purpose of this section or any agreements established under 
subsection (b).
    (e) Icebreaking.--The Secretary of the department in which the Coast 
Guard is operating shall promote safe maritime navigation by means of 
icebreaking where necessary, feasible, and effective to carry out the 
purposes of this section.
    (f) Independent Ice Breaker Analyses.--
            (1) In <<NOTE: Deadline.>> general.--Not later than 90 days 
        after the date of enactment of this Act, the Secretary of the 
        department in which the Coast Guard is operating shall require a 
        nongovernmental, independent third party (other than the 
        National Academy of Sciences) that has extensive experience in 
        the analysis of military procurements, to--
                    (A) conduct a comparative cost-benefit analysis, 
                taking into account future Coast Guard budget 
                projections (which assume Coast Guard budget growth of 
                no more than inflation) and other recapitalization 
                needs, of--
                          (i) rebuilding, renovating, or improving the 
                      existing fleet of polar icebreakers for operation 
                      by the Coast Guard;
                          (ii) constructing new polar icebreakers for 
                      operation by the Coast Guard;
                          (iii) construction of new polar icebreakers by 
                      the National Science Foundation for operation by 
                      the Foundation;
                          (iv) rebuilding, renovating, or improving the 
                      existing fleet of polar icebreakers by the 
                      National Science Foundation for operation by the 
                      Foundation; and
                          (v) any combination of the activities 
                      described in clause (i), (ii), (iii), or (iv) to 
                      carry out the missions of the Coast Guard and the 
                      National Science Foundation; and
                    (B) conduct a comprehensive analysis of the impact 
                on all Coast Guard activities, including operations, 
                maintenance, procurements, and end strength, of the 
                acquisition of polar icebreakers described in 
                subparagraph (A) by the Coast Guard or the National 
                Science Foundation assuming that total Coast Guard 
                funding will not increase more than the annual rate of 
                inflation.
            (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of the department in which

[[Page 124 STAT. 2929]]

        the Coast Guard is operating shall submit a report containing 
        the results of the analyses required under paragraph (1), 
        together with recommendations the Commandant considers 
        appropriate under section 93(a)(24) of title 14, United States 
        Code, to the Committee on Commerce, Science, and Transportation 
        of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives.

    (g) High-Latitude <<NOTE: Deadline.>> Study.--Not later than 90 days 
after the date of enactment of this Act or the date of completion of the 
ongoing High-Latitude Study to assess polar icebreaking mission 
requirements for all Coast Guard missions including search and rescue, 
marine pollution response and prevention, fisheries enforcement, and 
maritime commerce, whichever occurs later, the Commandant of the Coast 
Guard shall submit a report containing the results of the study, 
together with recommendations the Commandant considers appropriate under 
section 93(a)(24) of title 14, United States Code, to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives.

    (h) Arctic Definition.--In this section the term ``Arctic'' has the 
same meaning as in section 112 of the Arctic Research and Policy Act of 
1984 (15 U.S.C. 4111).

                      TITLE IV--ACQUISITION REFORM

SEC. 401. CHIEF ACQUISITION OFFICER.

    (a) In General.--Chapter 3 of title 14, United States Code, is 
further amended by adding at the end the following:
``Sec. 56. Chief Acquisition Officer

    ``(a) In General.--There shall be in the Coast Guard a Chief 
Acquisition Officer selected by the Commandant who shall be a Rear 
Admiral or civilian from the Senior Executive Service (career reserved) 
and who meets the qualifications set forth under subsection (b). The 
Chief Acquisition Officer shall serve at the Assistant Commandant level 
and have acquisition management as that individual's primary duty.
    ``(b) Qualifications.--
            ``(1) The Chief Acquisition Officer and any flag officer 
        serving in the Acquisition Directorate shall be an acquisition 
        professional with a Level III acquisition management 
        certification and must have at least 10 years experience in an 
        acquisition position, of which at least 4 years were spent as--
                    ``(A) the program executive officer;
                    ``(B) the program manager of a Level 1 or Level 2 
                acquisition project or program;
                    ``(C) the deputy program manager of a Level 1 or 
                Level 2 acquisition;
                    ``(D) the project manager of a Level 1 or Level 2 
                acquisition; or
                    ``(E) any other acquisition position of significant 
                responsibility in which the primary duties are 
                supervisory or management duties.
            ``(2) The <<NOTE: Lists.>> Commandant shall periodically 
        publish a list of the positions designated under paragraph (1).

[[Page 124 STAT. 2930]]

            ``(3) In this subsection each of the terms `Level 1 
        acquisition' and `Level 2 acquisition' has the meaning that term 
        has in chapter 15 of this title.

    ``(c) Functions of the Chief Acquisition Officer.--The functions of 
the Chief Acquisition Officer include--
            ``(1) monitoring the performance of acquisition projects and 
        programs on the basis of applicable performance measurements and 
        advising the Commandant, through the chain of command, regarding 
        the appropriate business strategy to achieve the missions of the 
        Coast Guard;
            ``(2) maximizing the use of full and open competition at the 
        prime contract and subcontract levels in the acquisition of 
        property, capabilities, assets, and services by the Coast Guard 
        by establishing policies, procedures, and practices that ensure 
        that the Coast Guard receives a sufficient number of sealed bids 
        or competitive proposals from responsible sources to fulfill the 
        Government's requirements, including performance and delivery 
        schedules, at the lowest cost or best value considering the 
        nature of the property, capability, asset, or service procured;
            ``(3) making acquisition decisions in concurrence with the 
        technical authority, or technical authorities, of the Coast 
        Guard, as designated by the Commandant, consistent with all 
        other applicable laws and decisions establishing procedures 
        within the Coast Guard;
            ``(4) ensuring the use of detailed performance 
        specifications in instances in which performance-based 
        contracting is used;
            ``(5) managing the direction of acquisition policy for the 
        Coast Guard, including implementation of the unique acquisition 
        policies, regulations, and standards of the Coast Guard;
            ``(6) developing and maintaining an acquisition career 
        management program in the Coast Guard to ensure that there is an 
        adequate acquisition workforce;
            ``(7) assessing the requirements established for Coast Guard 
        personnel regarding knowledge and skill in acquisition resources 
        and management and the adequacy of such requirements for 
        facilitating the achievement of the performance goals 
        established for acquisition management;
            ``(8) developing strategies and specific plans for hiring, 
        training, and professional development; and
            ``(9) reporting to the Commandant, through the chain of 
        command, on the progress made in improving acquisition 
        management capability.''.

    (b) Clerical <<NOTE: 14 USC 41.>> Amendment.--The table of contents 
for chapter 3 of title 14, United States Code, is amended by adding at 
the end the following:

``56. Chief Acquisition Officer.''.

    (c) Selection <<NOTE: 14 USC 56 note.>> Deadline.--As soon as 
practicable after the date of enactment of this Act, but no later than 
October 1, 2011, the Commandant of the Coast Guard shall select a Chief 
Acquisition Officer under section 56 of title 14, United States Code, as 
amended by this section.

    (d) Special <<NOTE: 14 USC 56 note.>> Rate Supplements.--
            (1) Requirement <<NOTE: Deadline.>> to establish.--Not later 
        than 1 year after the date of enactment of this Act and in 
        accordance with part 9701.333 of title 5, Code of Federal 
        Regulations,

[[Page 124 STAT. 2931]]

        the Commandant of the Coast Guard shall establish special rate 
        supplements that provide higher pay levels for employees 
        necessary to carry out the amendment made by this section.
            (2) Subject to appropriations.--The requirement under 
        paragraph (1) is subject to the availability of appropriations.

    (e) Elevation <<NOTE: 14 USC 56 note.>> of Disputes to the Chief 
Acquisition Officer.-- <<NOTE: Deadline.>> If, after 90 days following 
the elevation to the Chief Acquisition Officer of any design or other 
dispute regarding Level 1 or Level 2 acquisition, the dispute remains 
unresolved, the Commandant shall provide to the appropriate 
congressional committees a detailed description of the issue and the 
rationale underlying the decision taken by the Chief Acquisition Officer 
to resolve the issue.
SEC. 402. ACQUISITIONS.

    (a) <<NOTE: 14 USC 561.>>  In General.--Part I of title 14, United 
States Code, is amended by inserting after chapter 13 the following:

                       ``Chapter 15--Acquisitions

                    ``subchapter i--general provisions

``Sec.
``561. Acquisition directorate.
``562. Improvements in Coast Guard acquisition management.
``563. Recognition of Coast Guard personnel for excellence in 
           acquisition.
``564. Prohibition on use of lead systems integrators.
``565. Required contract terms.
``566. Department of Defense consultation.
``567. Undefinitized contractual actions.
``568. Guidance on excessive pass-through charges.
``569. Report on former Coast Guard officials employed by contractors to 
           the agency.

       ``subchapter ii--improved acquisition process and procedures

``Sec.
``571. Identification of major system acquisitions.
``572. Acquisition.
``573. Preliminary development and demonstration.
``574. Acquisition, production, deployment, and support.
``575. Acquisition program baseline breach.
``576. Acquisition approval authority.

                      ``subchapter iii--definitions

``581. Definitions.

                   ``SUBCHAPTER I--GENERAL PROVISIONS

``Sec. 561. Acquisition directorate

    ``(a) Establishment.--The Commandant of the Coast Guard shall 
establish an acquisition directorate to provide guidance and oversight 
for the implementation and management of all Coast Guard acquisition 
processes, programs, and projects.
    ``(b) Mission.--The mission of the acquisition directorate is--
            ``(1) to acquire and deliver assets and systems that 
        increase operational readiness, enhance mission performance, and 
        create a safe working environment; and
            ``(2) to assist in the development of a workforce that is 
        trained and qualified to further the Coast Guard's missions and 
        deliver the best-value products and services to the Nation.
``Sec. 562. Improvements in Coast Guard acquisition management

    ``(a) Project or Program Managers.--

[[Page 124 STAT. 2932]]

            ``(1) Level 1 projects.--An individual may not be assigned 
        as the project or program manager for a Level 1 acquisition 
        unless the individual holds a Level III acquisition 
        certification as a program manager.
            ``(2) Level 2 projects.--An individual may not be assigned 
        as the project or program manager for a Level 2 acquisition 
        unless the individual holds a Level II acquisition certification 
        as a program manager.

    ``(b) Guidance on Tenure and Accountability of Program and Project 
Managers.--
            ``(1) Issuance <<NOTE: Deadline.>> of guidance.--Not later 
        than one year after the date of enactment of the Coast Guard 
        Authorization Act for Fiscal Years 2010 and 2011, the Commandant 
        shall issue guidance to address the qualifications, resources, 
        responsibilities, tenure, and accountability of program and 
        project managers for the management of acquisition projects and 
        programs. The guidance shall address, at a minimum--
                    ``(A) the qualifications required for project or 
                program managers, including the number of years of 
                acquisition experience and the professional training 
                levels to be required of those appointed to project or 
                program management positions;
                    ``(B) authorities available to project or program 
                managers, including, to the extent appropriate, the 
                authority to object to the addition of new program 
                requirements that would be inconsistent with the 
                parameters established for an acquisition program; and
                    ``(C) the extent to which a project or program 
                manager who initiates a new acquisition project or 
                program will continue in management of that project or 
                program without interruption until the delivery of the 
                first production units of the program.
            ``(2) Strategy.--
                    ``(A) In <<NOTE: Deadline.>> general.--Not later 
                than 18 months after the date of enactment of this 
                section, the Commandant shall develop a comprehensive 
                strategy for enhancing the role of Coast Guard project 
                or program managers in developing and carrying out 
                acquisition programs.
                    ``(B) Matters to be addressed.--The strategy 
                required by this section shall address, at a minimum--
                          ``(i) the creation of a specific career path 
                      and career opportunities for individuals who are 
                      or may become project or program managers, 
                      including the rotational assignments that will be 
                      provided to project or program managers;
                          ``(ii) the provision of enhanced training and 
                      educational opportunities for individuals who are 
                      or may become project or program managers;
                          ``(iii) the provision of mentoring support to 
                      current and future project or program managers by 
                      experienced senior executives and program managers 
                      within the Coast Guard, and through rotational 
                      assignments to the Department of Defense;
                          ``(iv) the methods by which the Coast Guard 
                      will collect and disseminate best practices and 
                      lessons learned on systems acquisition to enhance 
                      project and program management throughout the 
                      Coast Guard;

[[Page 124 STAT. 2933]]

                          ``(v) the templates and tools that will be 
                      used to support improved data gathering and 
                      analysis for project and program management and 
                      oversight purposes, including the metrics that 
                      will be utilized to assess the effectiveness of 
                      Coast Guard project or program managers in 
                      managing systems acquisition efforts; and
                          ``(vi) the methods by which the accountability 
                      of project or program managers for the results of 
                      acquisition projects and programs will be 
                      increased.

    ``(c) Acquisition Workforce.--
            ``(1) In general.--The Commandant shall designate a 
        sufficient number of positions to be in the Coast Guard's 
        acquisition workforce to perform acquisition-related functions 
        at Coast Guard headquarters and field activities.
            ``(2) Required positions.--In designating positions under 
        subsection (a), the Commandant shall include, at a minimum, 
        positions encompassing the following competencies and functions:
                    ``(A) Program management.
                    ``(B) Systems planning, research, development, 
                engineering, and testing.
                    ``(C) Procurement, including contracting.
                    ``(D) Industrial and contract property management.
                    ``(E) Life-cycle logistics.
                    ``(F) Quality control and assurance.
                    ``(G) Manufacturing and production.
                    ``(H) Business, cost estimating, financial 
                management, and auditing.
                    ``(I) Acquisition education, training, and career 
                development.
                    ``(J) Construction and facilities engineering.
                    ``(K) Testing and evaluation.
            ``(3) Acquisition management headquarter activities.--The 
        Commandant shall also designate as positions in the acquisition 
        workforce under paragraph (1) those acquisition-related 
        positions located at Coast Guard headquarters units.
            ``(4) Appropriate expertise required.--The Commandant shall 
        ensure that each individual assigned to a position in the 
        acquisition workforce has the appropriate expertise to carry out 
        the responsibilities of that position.

    ``(d) Management Information System.--
            ``(1) In general.--The Commandant shall establish a 
        management information system capability to improve acquisition 
        workforce management and reporting.
            ``(2) Information maintained.--Information maintained with 
        such capability shall include the following standardized 
        information on individuals assigned to positions in the 
        workforce:
                    ``(A) Qualifications, assignment history, and tenure 
                of those individuals assigned to positions in the 
                acquisition workforce or holding acquisition-related 
                certifications.
                    ``(B) Promotion rates for officers and members of 
                the Coast Guard in the acquisition workforce.

    ``(e) Report on Adequacy of Acquisition Workforce.--
            ``(1) In general.--The Commandant shall report to the 
        appropriate congressional committees and the Committee on

[[Page 124 STAT. 2934]]

        Homeland Security of the House of Representatives by July 1 of 
        each year on the scope of the acquisition activities to be 
        performed in the next fiscal year and on the adequacy of the 
        current acquisition workforce to meet that anticipated workload.
            ``(2) Contents.--The report shall--
                    ``(A) specify the number of officers, members, and 
                employees of the Coast Guard currently and planned to be 
                assigned to each position designated under subsection 
                (c); and
                    ``(B) identify positions that are understaffed to 
                meet the anticipated acquisition workload, and actions 
                that will be taken to correct such understaffing.

    ``(f) Appointments to Acquisition Positions.--The Commandant shall 
ensure that no requirement or preference for officers or members of the 
Coast Guard is used in the consideration of persons for positions in the 
acquisition workforce.
    ``(g) Career Paths.--
            ``(1) Identification of career paths.--To establish 
        acquisition management as a core competency of the Coast Guard, 
        the Commandant shall--
                    ``(A) ensure that career paths for officers, 
                members, and employees of the Coast Guard who wish to 
                pursue careers in acquisition are identified in terms of 
                the education, training, experience, and assignments 
                necessary for career progression of those officers, 
                members, and employees to the most senior positions in 
                the acquisition workforce; and
                    ``(B) <<NOTE: Publication.>> publish information on 
                such career paths.
            ``(2) Promotion parity.--The Commandant shall ensure that 
        promotion parity is established for officers and members of the 
        Coast Guard who have been assigned to the acquisition workforce 
        relative to officers and members who have not been assigned to 
        the acquisition workforce.
``Sec. 563. Recognition of Coast Guard personnel for excellence in 
                acquisition

    ``(a) In <<NOTE: Deadline.>> General.--Not later than 180 days after 
the date of enactment of the Coast Guard Authorization Act for Fiscal 
Years 2010 and 2011, the Commandant shall commence implementation of a 
program to recognize excellent performance by individuals and teams 
comprised of officers, members, and employees of the Coast Guard that 
contributed to the long-term success of a Coast Guard acquisition 
project or program.

    ``(b) Elements.--The program shall include--
            ``(1) specific award categories, criteria, and eligibility 
        and manners of recognition;
            ``(2) procedures for the nomination by personnel of the 
        Coast Guard of individuals and teams comprised of officers, 
        members, and employees of the Coast Guard for recognition under 
        the program; and
            ``(3) procedures for the evaluation of nominations for 
        recognition under the program by one or more panels of 
        individuals from the Government, academia, and the private 
        sector who have such expertise and are appointed in such manner 
        as the Commandant shall establish for the purposes of this 
        program.

[[Page 124 STAT. 2935]]

    ``(c) Award of Cash Bonuses.--As part of the program required by 
subsection (a), the Commandant, subject to the availability of 
appropriations, may award to any civilian employee recognized pursuant 
to the program a cash bonus to the extent that the performance of such 
individual so recognized warrants the award of such bonus.
``Sec. 564. Prohibition on use of lead systems integrators

    ``(a) In General.--
            ``(1) Use of lead systems integrator.--Except as provided in 
        subsection (b), the Commandant may not use a private sector 
        entity as a lead systems integrator for an acquisition contract 
        awarded or delivery order or task order issued after the date of 
        enactment of the Coast Guard Authorization Act for Fiscal Years 
        2010 and 2011.
            ``(2) Full and open competition.--The Commandant and any 
        lead systems integrator engaged by the Coast Guard, pursuant to 
        the exceptions described in subsection (b), shall use full and 
        open competition for any acquisition contract awarded after the 
        date of enactment of that Act, unless otherwise excepted in 
        accordance with Federal acquisition laws and regulations 
        promulgated under those laws, including the Federal Acquisition 
        Regulation.
            ``(3) No effect on small business act.--Nothing in this 
        subsection shall be construed to supersede or otherwise affect 
        the authorities provided by and under the Small Business Act (15 
        U.S.C. 631 et seq.).

    ``(b) Exceptions.--
            ``(1) National distress and response system modernization 
        program; c4isr; national security cutters 2 and 3.--
        Notwithstanding <<NOTE: Certification.>> subsection (a), the 
        Commandant may use a private sector entity as a lead systems 
        integrator for the Coast Guard to complete the National Distress 
        and Response System Modernization Program (otherwise known as 
        the `Rescue 21' program), the C4ISR projects directly related to 
        the Integrated Deepwater program, and National Security Cutters 
        2 and 3, if the Secretary of the department in which the Coast 
        Guard is operating certifies that--
                    ``(A) the acquisition is in accordance with Federal 
                law and the Federal Acquisition Regulation; and
                    ``(B) the acquisition and the use of a private 
                sector lead systems integrator for the acquisition is in 
                the best interest of the Federal Government.
            ``(2) Report on decisionmaking process.--If the Commandant 
        uses a private sector lead systems integrator for an 
        acquisition, the Commandant shall notify in writing the 
        appropriate congressional committees of the Commandant's 
        determination and shall provide to such committees a detailed 
        rationale for the determination, at least 30 days before the 
        award of a contract or issuance of a delivery order or task 
        order, using a private sector lead systems integrator, including 
        a comparison of the cost of the acquisition through the private 
        sector lead systems integrator with the expected cost if the 
        acquisition were awarded directly to the manufacturer or 
        shipyard. For purposes of that comparison, the cost of award 
        directly to a manufacturer or shipyard shall include the costs 
        of Government contract management and oversight.

[[Page 124 STAT. 2936]]

    ``(c) Limitation on Lead Systems Integrators.--Neither an entity 
performing lead systems integrator functions for a Coast Guard 
acquisition nor a Tier 1 subcontractor for any acquisition may have a 
financial interest in a subcontractor below the Tier 1 subcontractor 
level unless--
            ``(1) the subcontractor was selected by the prime contractor 
        through full and open competition for such procurement;
            ``(2) the procurement was awarded by the lead systems 
        integrator or a subcontractor through full and open competition;
            ``(3) the procurement was awarded by a subcontractor through 
        a process over which the lead systems integrator and a Tier 1 
        subcontractor exercised no control; or
            ``(4) the Commandant has determined that the procurement was 
        awarded in a manner consistent with Federal acquisition laws and 
        regulations promulgated under those laws, including the Federal 
        Acquisition Regulation.

    ``(d) Termination Date for Exceptions.--Except as described in 
subsection (b)(1), the Commandant may not use a private sector entity as 
a lead systems integrator for acquisition contracts awarded, or task 
orders or delivery orders issued, after the earlier of--
            ``(1) September 30, 2011; or
            ``(2) the <<NOTE: Certification.>> date on which the 
        Commandant certifies in writing to the appropriate congressional 
        committees that the Coast Guard has available and can retain 
        sufficient acquisition workforce personnel and expertise within 
        the Coast Guard, through an arrangement with other Federal 
        agencies, or through contracts or other arrangements with 
        private sector entities, to perform the functions and 
        responsibilities of the lead systems integrator in an efficient 
        and cost-effective manner.
``Sec. 565. Required contract terms

    ``(a) In General.--The Commandant shall ensure that a contract 
awarded or a delivery order or task order issued for an acquisition of a 
capability or an asset with an expected service life of 10 or more years 
and with a total acquisition cost that is equal to or exceeds 
$10,000,000 awarded or issued by the Coast Guard after the date of 
enactment of the Coast Guard Authorization Act for Fiscal Years 2010 and 
2011--
            ``(1) provides that all certifications for an end-state 
        capability or asset under such contract, delivery order, or task 
        order, respectively, will be conducted by the Commandant or an 
        independent third party, and that self-certification by a 
        contractor or subcontractor is not allowed;
            ``(2) provides that the Commandant shall maintain the 
        authority to establish, approve, and maintain technical 
        requirements;
            ``(3) requires that any measurement of contractor and 
        subcontractor performance be based on the status of all work 
        performed, including the extent to which the work performed met 
        all performance, cost, and schedule requirements;
            ``(4) specifies that, for the acquisition or upgrade of air, 
        surface, or shore capabilities and assets for which compliance 
        with TEMPEST certification is a requirement, the standard for 
        determining such compliance will be the air, surface, or

[[Page 124 STAT. 2937]]

        shore standard then used by the Department of the Navy for that 
        type of capability or asset; and
            ``(5) for any contract awarded to acquire an Offshore Patrol 
        Cutter, includes provisions specifying the service life, fatigue 
        life, and days underway in general Atlantic and North Pacific 
        Sea conditions, maximum range, and maximum speed the cutter will 
        be built to achieve.

    ``(b) Prohibited Provisions.--
            ``(1) In general.--The Commandant shall ensure that any 
        contract awarded or delivery order or task order issued by the 
        Coast Guard after the date of enactment of the Coast Guard 
        Authorization Act of 2010 does not include any provision 
        allowing for equitable adjustment that is not consistent with 
        the Federal Acquisition Regulations.
            ``(2) Extension of program.--A contract, contract 
        modification, or award term extending a contract with a lead 
        systems integrator--
                    ``(A) may not include any minimum requirements for 
                the purchase of a given or determinable number of 
                specific capabilities or assets; and
                    ``(B) shall <<NOTE: Review. Deadline.>> be reviewed 
                by an independent third party with expertise in 
                acquisition management, and the results of that review 
                shall be submitted to the appropriate congressional 
                committees at least 60 days prior to the award of the 
                contract, contract modification, or award term.

    ``(c) Integrated Product Teams.--Integrated product teams, and all 
teams that oversee integrated product teams, shall be chaired by 
officers, members, or employees of the Coast Guard.
    ``(d) Technical Authority.--The Commandant shall maintain or 
designate the technical authority to establish, approve, and maintain 
technical requirements. Any such designation shall be made in writing 
and may not be delegated to the authority of the Chief Acquisition 
Officer established by section 56 of this title.
``Sec. 566. Department of Defense consultation

    ``(a) In General.--The Commandant shall make arrangements as 
appropriate with the Secretary of Defense for support in contracting and 
management of Coast Guard acquisition programs. The Commandant shall 
also seek opportunities to make use of Department of Defense contracts, 
and contracts of other appropriate agencies, to obtain the best possible 
price for assets acquired for the Coast Guard.
    ``(b) Interservice <<NOTE: Memorandum.>> Technical Assistance.--The 
Commandant shall seek to enter into a memorandum of understanding or a 
memorandum of agreement with the Secretary of the Navy to obtain the 
assistance of the Office of the Assistant Secretary of the Navy for 
Research, Development, and Acquisition, including the Navy Systems 
Command, with the oversight of Coast Guard major acquisition programs. 
The memorandum of understanding or memorandum of agreement shall, at a 
minimum, provide for--
            ``(1) the exchange of technical assistance and support that 
        the Assistant Commandants for Acquisition, Human Resources, 
        Engineering, and Information technology may identify;
            ``(2) the use, as appropriate, of Navy technical expertise; 
        and

[[Page 124 STAT. 2938]]

            ``(3) the temporary assignment or exchange of personnel 
        between the Coast Guard and the Office of the Assistant 
        Secretary of the Navy for Research, Development, and 
        Acquisition, including Naval Systems Command, to facilitate the 
        development of organic capabilities in the Coast Guard.

    ``(c) Technical Requirement Approval Procedures.--The Chief 
Acquisition Officer shall adopt, to the extent practicable, procedures 
modeled after those used by the Navy Senior Acquisition Official to 
approve all technical requirements.
    ``(d) Assessment.--Within <<NOTE: Deadline. Reports.>>  180 days 
after the date of enactment of the Coast Guard Authorization Act for 
fiscal years 2010 and 2011, the Comptroller General of the United States 
shall transmit a report to the appropriate congressional committees 
that--
            ``(1) contains an assessment of current Coast Guard 
        acquisition and management capabilities to manage Level 1 and 
        Level 2 acquisitions;
            ``(2) includes recommendations as to how the Coast Guard can 
        improve its acquisition management, either through internal 
        reforms or by seeking acquisition expertise from the Department 
        of Defense; and
            ``(3) addresses specifically the question of whether the 
        Coast Guard can better leverage Department of Defense or other 
        agencies' contracts that would meet the needs of Level 1 or 
        Level 2 acquisitions in order to obtain the best possible price.
``Sec. 567. Undefinitized contractual actions

    ``(a) In General.--The Coast Guard may not enter into an 
undefinitized contractual action unless such action is directly approved 
by the Head of Contracting Activity of the Coast Guard.
    ``(b) Requests for Undefinitized Contractual Actions.--Any request 
to the Head of Contracting Activity for approval of an undefinitized 
contractual action shall include a description of the anticipated effect 
on requirements of the Coast Guard if a delay is incurred for the 
purposes of determining contractual terms, specifications, and price 
before performance is begun under the contractual action.
    ``(c) Requirements for Undefinitized Contractual Actions.--
            ``(1) Deadline for agreement on terms, specifications, and 
        price.--A contracting officer of the Coast Guard may not enter 
        into an undefinitized contractual action unless the contractual 
        action provides for agreement upon contractual terms, 
        specification, and price by the earlier of--
                    ``(A) the end of the 180-day period beginning on the 
                date on which the contractor submits a qualifying 
                proposal to definitize the contractual terms, 
                specifications, and price; or
                    ``(B) the date on which the amount of funds 
                obligated under the contractual action is equal to more 
                than 50 percent of the negotiated overall ceiling price 
                for the contractual action.
            ``(2) Limitation on obligations.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the contracting officer for an 
                undefinitized contractual action may not obligate under 
                such contractual action an amount that exceeds 50 
                percent of the negotiated overall

[[Page 124 STAT. 2939]]

                ceiling price until the contractual terms, 
                specifications, and price are definitized for such 
                contractual action.
                    ``(B) Exception.--Notwithstanding subparagraph (A), 
                if a contractor submits a qualifying proposal to 
                definitize an undefinitized contractual action before an 
                amount that exceeds 50 percent of the negotiated overall 
                ceiling price is obligated on such action, the 
                contracting officer for such action may not obligate 
                with respect to such contractual action an amount that 
                exceeds 75 percent of the negotiated overall ceiling 
                price until the contractual terms, specifications, and 
                price are definitized for such contractual action.
            ``(3) Waiver.--The Commandant may waive the application of 
        this subsection with respect to a contract if the Commandant 
        determines that the waiver is necessary to support--
                    ``(A) a contingency operation (as that term is 
                defined in section 101(a)(13) of title 10);
                    ``(B) operations to prevent or respond to a 
                transportation security incident (as defined in section 
                70101(6) of title 46);
                    ``(C) an operation in response to an emergency that 
                poses an unacceptable threat to human health or safety 
                or to the marine environment; or
                    ``(D) an operation in response to a natural disaster 
                or major disaster or emergency designated by the 
                President under the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
            ``(4) Limitation on application.--This subsection does not 
        apply to an undefinitized contractual action for the purchase of 
        initial spares.

    ``(d) Inclusion of Nonurgent Requirements.--Requirements for spare 
parts and support equipment that are not needed on an urgent basis may 
not be included in an undefinitized contractual action by the Coast 
Guard for spare parts and support equipment that are needed on an urgent 
basis unless the Commandant approves such inclusion as being--
            ``(1) good business practice; and
            ``(2) in the best interests of the United States.

    ``(e) Modification of Scope.--The scope of an undefinitized 
contractual action under which performance has begun may not be modified 
unless the Commandant approves such modification as being--
            ``(1) good business practice; and
            ``(2) in the best interests of the United States.

    ``(f) Allowable Profit.--The Commandant shall ensure that the profit 
allowed on an undefinitized contractual action for which the final price 
is negotiated after a substantial portion of the performance required is 
completed reflects--
            ``(1) the possible reduced cost risk of the contractor with 
        respect to costs incurred during performance of the contract 
        before the final price is negotiated; and
            ``(2) the reduced cost risk of the contractor with respect 
        to costs incurred during performance of the remaining portion of 
        the contract.

    ``(g) Definitions.--In this section:
            ``(1) Undefinitized contractual action.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `undefinitized contractual 
                action' means a

[[Page 124 STAT. 2940]]

                new procurement action entered into by the Coast Guard 
                for which the contractual terms, specifications, or 
                price are not agreed upon before performance is begun 
                under the action.
                    ``(B) Exclusion.--The term `undefinitized 
                contractual action' does not include contractual actions 
                with respect to--
                          ``(i) foreign military sales;
                          ``(ii) purchases in an amount not in excess of 
                      the amount of the simplified acquisition 
                      threshold; or
                          ``(iii) special access programs.
            ``(2) Qualifying proposal.--The term ``qualifying proposal' 
        means a proposal that contains sufficient information to enable 
        complete and meaningful audits of the information contained in 
        the proposal as determined by the contracting officer.
``Sec. 568. Guidance on excessive pass-through charges

    ``(a) In <<NOTE: Deadline.>> General.--Not later than 180 days after 
the date of enactment of the Coast Guard Authorization Act for Fiscal 
Years 2010 and 2011, the Commandant shall issue guidance to ensure that 
pass-through charges on contracts, subcontracts, delivery orders, and 
task orders that are entered into with a private entity acting as a lead 
systems integrator by or on behalf of the Coast Guard are not excessive 
in relation to the cost of work performed by the relevant contractor or 
subcontractor. The guidance shall, at a minimum--
            ``(1) set forth clear standards for determining when no, or 
        negligible, value has been added to a contract by a contractor 
        or subcontractor;
            ``(2) set forth procedures for preventing the payment by the 
        Government of excessive pass-through charges; and
            ``(3) identify any exceptions determined by the Commandant 
        to be in the best interest of the Government.

    ``(b) Excessive Pass-Through Charge Defined.--In this section the 
term `excessive pass-through charge', with respect to a contractor or 
subcontractor that adds no, or negligible, value to a contract or 
subcontract, means a charge to the Government by the contractor or 
subcontractor that is for overhead or profit on work performed by a 
lower tier contractor or subcontractor, other than reasonable charges 
for the direct costs of managing lower tier contractors and subcontracts 
and overhead and profit based on such direct costs.
    ``(c) Application of Guidance.--The guidance under this subsection 
shall apply to contracts awarded to a private entity acting as a lead 
systems integrator by or on behalf of the Coast Guard on or after the 
date that is 360 days after the date of enactment of the Coast Guard 
Authorization Act for Fiscal Years 2010 and 2011.
``Sec. 569. Report on former Coast Guard officials employed by 
                contractors to the agency

    ``(a) Report Required.--Not later than December 31, 2011, and 
annually thereafter, the Comptroller General of the United States shall 
submit a report to the appropriate congressional committees on the 
employment during the preceding year by Coast Guard contractors of 
individuals who were Coast Guard officials in the previous 5-year 
period. The report shall assess the extent

[[Page 124 STAT. 2941]]

to which former Coast Guard officials were provided compensation by 
Coast Guard contractors in the preceding calendar year.
    ``(b) Objectives of Report.--At a minimum, the report required by 
this section shall assess the extent to which former Coast Guard 
officials who receive compensation from Coast Guard contractors have 
been assigned by those contractors to work on contracts or programs 
between the contractor and the Coast Guard, including contracts or 
programs for which the former official personally had oversight 
responsibility or decisionmaking authority when they served in or worked 
for the Coast Guard.
    ``(c) Confidentiality Requirement.--The report required by this 
subsection shall not include the names of the former Coast Guard 
officials who receive compensation from Coast Guard contractors.
    ``(d) Access to Information.--A Coast Guard contractor shall provide 
the Comptroller General access to information requested by the 
Comptroller General for the purpose of conducting the study required by 
this section.
    ``(e) Definitions.--In this section:
            ``(1) Coast guard contractor.--The term `Coast Guard 
        contractor' includes any person that received at least 
        $10,000,000 in contractor awards from the Coast Guard in the 
        calendar year covered by the annual report.
            ``(2) Coast guard official.--The term `Coast Guard official' 
        includes former officers of the Coast Guard who were compensated 
        at a rate of pay for grade O-7 or above during the calendar year 
        prior to the date on which they separated from the Coast Guard, 
        and former civilian employees of the Coast Guard who served at 
        any Level of the Senior Executive Service under subchapter VIII 
        of chapter 53 of title 5, United States Code, during the 
        calendar year prior to the date on which they separated from the 
        Coast Guard.

      ``SUBCHAPTER II--IMPROVED ACQUISITION PROCESS AND PROCEDURES

``Sec. 571. Identification of major system acquisitions

    ``(a) In General.--
            ``(1) Support mechanisms.--The Commandant shall develop and 
        implement mechanisms to support the establishment of mature and 
        stable operational requirements for all acquisitions.
            ``(2) Mission analysis; affordability assessment.--The 
        Commandant may not initiate a Level 1 or Level 2 acquisition 
        project or program until the Commandant--
                    ``(A) completes a mission analysis that--
                          ``(i) identifies the specific capability gaps 
                      to be addressed by the project or program; and
                          ``(ii) develops a clear mission need to be 
                      addressed by the project or program; and
                    ``(B) prepares a preliminary affordability 
                assessment for the project or program.

    ``(b) Elements.--
            ``(1) Requirements.--The mechanisms required by subsection 
        (a) shall ensure the implementation of a formal process for the 
        development of a mission-needs statement, concept-of-operations 
        document, capability development plan, and

[[Page 124 STAT. 2942]]

        resource proposal for the initial project or program funding, 
        and shall ensure the project or program is included in the Coast 
        Guard Capital Investment Plan.
            ``(2) Assessment of trade-offs.--In conducting an 
        affordability assessment under subsection (a)(2)(B), the 
        Commandant shall develop and implement mechanisms to ensure that 
        trade-offs among cost, schedule, and performance are considered 
        in the establishment of preliminary operational requirements for 
        development and production of new assets and capabilities for 
        Level 1 and Level 2 acquisitions projects and programs.

    ``(c) Human Resource Capital Planning.--The Commandant shall develop 
staffing predictions, define human capital performance initiatives, and 
identify preliminary training needs required to implement each Level 1 
and Level 2 acquisition project and program.
``Sec. 572. Acquisition

    ``(a) In General.--The Commandant may not establish a Level 1 or 
Level 2 acquisition project or program until the Commandant--
            ``(1) clearly defines the operational requirements for the 
        project or program;
            ``(2) establishes the feasibility of alternatives;
            ``(3) develops an acquisition project or program baseline;
            ``(4) produces a life-cycle cost estimate; and
            ``(5) assesses the relative merits of alternatives to 
        determine a preferred solution in accordance with the 
        requirements of this section.

    ``(b) Submission Required Before Proceeding.--Any Coast Guard Level 
1 or Level 2 acquisition project or program may not begin to obtain any 
capability or asset or proceed beyond that phase of its development that 
entails approving the supporting acquisition until the Commandant 
submits to the appropriate congressional committees the following:
            ``(1) The key performance parameters, the key system 
        attributes, and the operational performance attributes of the 
        capability or asset to be acquired under the proposed 
        acquisition project or program.
            ``(2) A detailed list of the systems or other capabilities 
        with which the capability or asset to be acquired is intended to 
        be interoperable, including an explanation of the attributes of 
        interoperability.
            ``(3) The anticipated acquisition project or program 
        baseline and acquisition unit cost for the capability or asset 
        to be acquired under the project or program.
            ``(4) A detailed schedule for the acquisition process 
        showing when all capability and asset acquisitions are to be 
        completed and when all acquired capabilities and assets are to 
        be initially and fully deployed.

    ``(c) Analysis of Alternatives.--
            ``(1) In general.--The Coast Guard may not acquire an 
        experimental or technically immature capability or asset or 
        implement a Level 1 or Level 2 acquisition project or program, 
        unless it has prepared an analysis of alternatives for the 
        capability or asset to be acquired in the concept and technology 
        development phase of the acquisition process for the capability 
        or asset.

[[Page 124 STAT. 2943]]

            ``(2) Requirements.--The analysis of alternatives shall be 
        prepared by a federally funded research and development center, 
        a qualified entity of the Department of Defense, or a similar 
        independent third-party entity that has appropriate acquisition 
        expertise and has no financial interest in any part of the 
        acquisition project or program that is the subject of the 
        analysis. At a minimum, the analysis of alternatives shall 
        include--
                    ``(A) an assessment of the technical maturity of the 
                capability or asset, and technical and other risks;
                    ``(B) an examination of capability, 
                interoperability, and other advantages and 
                disadvantages;
                    ``(C) an evaluation of whether different 
                combinations or quantities of specific assets or 
                capabilities could meet the Coast Guard's overall 
                performance needs;
                    ``(D) a discussion of key assumptions and variables, 
                and sensitivity to change in such assumptions and 
                variables;
                    ``(E) when an alternative is an existing capability, 
                asset, or prototype, an evaluation of relevant safety 
                and performance records and costs;
                    ``(F) a calculation of life-cycle costs including--
                          ``(i) an examination of likely research and 
                      development costs and the levels of uncertainty 
                      associated with such estimated costs;
                          ``(ii) an examination of likely production and 
                      deployment costs and the levels of uncertainty 
                      associated with such estimated costs;
                          ``(iii) an examination of likely operating and 
                      support costs and the levels of uncertainty 
                      associated with such estimated costs;
                          ``(iv) if they are likely to be significant, 
                      an examination of likely disposal costs and the 
                      levels of uncertainty associated with such 
                      estimated costs; and
                          ``(v) such additional measures as the 
                      Commandant or the Secretary of the department in 
                      which the Coast Guard is operating determines to 
                      be necessary for appropriate evaluation of the 
                      capability or asset; and
                    ``(G) the business case for each viable alternative.

    ``(d) Test and Evaluation Master Plan.--
            ``(1) In general.--For any Level 1 or Level 2 acquisition 
        project or program the Chief Acquisition Officer must approve a 
        test and evaluation master plan specific to the acquisition 
        project or program for the capability, asset, or subsystems of 
        the capability or asset and intended to minimize technical, 
        cost, and schedule risk as early as practicable in the 
        development of the project or program.
            ``(2) Test and evaluation strategy.--The master plan shall--
                    ``(A) set forth an integrated test and evaluation 
                strategy that will verify that capability-level or 
                asset-level and subsystem-level design and development, 
                including performance and supportability, have been 
                sufficiently proven before the capability, asset, or 
                subsystem of the capability or asset is approved for 
                production; and

[[Page 124 STAT. 2944]]

                    ``(B) require that adequate developmental tests and 
                evaluations and operational tests and evaluations 
                established under subparagraph (A) are performed to 
                inform production decisions.
            ``(3) Other components of the master plan.--At a minimum, 
        the master plan shall identify--
                    ``(A) the key performance parameters to be resolved 
                through the integrated test and evaluation strategy;
                    ``(B) critical operational issues to be assessed in 
                addition to the key performance parameters;
                    ``(C) specific development test and evaluation 
                phases and the scope of each phase;
                    ``(D) modeling and simulation activities to be 
                performed, if any, and the scope of such activities;
                    ``(E) early operational assessments to be performed, 
                if any, and the scope of such assessments;
                    ``(F) operational test and evaluation phases;
                    ``(G) an estimate of the resources, including funds, 
                that will be required for all test, evaluation, 
                assessment, modeling, and simulation activities; and
                    ``(H) the Government entity or independent entity 
                that will perform the test, evaluation, assessment, 
                modeling, and simulation activities.
            ``(4) Update.--The Chief Acquisition Officer must approve an 
        updated master plan whenever there is a revision to project or 
        program test and evaluation strategy, scope, or phasing.
            ``(5) Limitation.--The Coast Guard may not--
                    ``(A) proceed beyond that phase of the acquisition 
                process that entails approving the supporting 
                acquisition of a capability or asset before the master 
                plan is approved by the Chief Acquisition Officer; or
                    ``(B) award any production contract for a 
                capability, asset, or subsystem for which a master plan 
                is required under this subsection before the master plan 
                is approved by the Chief Acquisition Officer.

    ``(e) Life-Cycle Cost Estimates.--
            ``(1) In general.--The Commandant shall implement mechanisms 
        to ensure the development and regular updating of life-cycle 
        cost estimates for each acquisition with a total acquisition 
        cost that equals or exceeds $10,000,000 and an expected service 
        life of 10 or more years, and to ensure that these estimates are 
        considered in decisions to develop or produce new or enhanced 
        capabilities and assets.
            ``(2) Types of estimates.--In addition to life-cycle cost 
        estimates that may be developed by acquisition program offices, 
        the Commandant shall require that an independent life-cycle cost 
        estimate be developed for each Level 1 or Level 2 acquisition 
        project or program.
            ``(3) Required updates.--For each Level 1 or Level 2 
        acquisition project or program the Commandant shall require that 
        life-cycle cost estimates shall be updated before each milestone 
        decision is concluded and the project or program enters a new 
        acquisition phase.
``Sec. 573. Preliminary development and demonstration

    ``(a) In General.--The Commandant shall ensure that developmental 
test and evaluation, operational test and evaluation, life-

[[Page 124 STAT. 2945]]

cycle cost estimates, and the development and demonstration requirements 
applied by this chapter to acquisition projects and programs are met to 
confirm that the projects or programs meet the requirements identified 
in the mission-analysis and affordability assessment prepared under 
section 571(a)(2), the operational requirements developed under section 
572(a)(1) and the following development and demonstration objectives:
            ``(1) To demonstrate that the design, manufacturing, and 
        production solution is based upon a stable, producible, and 
        cost-effective product design.
            ``(2) To ensure that the product capabilities meet contract 
        specifications, acceptable operational performance requirements, 
        and system security requirements.
            ``(3) To ensure that the product design is mature enough to 
        commit to full production and deployment.

    ``(b) Tests and Evaluations.--
            ``(1) In general.--The Commandant shall ensure that the 
        Coast Guard conducts developmental tests and evaluations and 
        operational tests and evaluations of a capability or asset and 
        the subsystems of the capability or asset in accordance with the 
        master plan prepared for the capability or asset under section 
        572(d)(1).
            ``(2) Use of third parties.--The Commandant shall ensure 
        that the Coast Guard uses independent third parties with 
        expertise in testing and evaluating the capabilities or assets 
        and the subsystems of the capabilities or assets being acquired 
        to conduct developmental tests and evaluations and operational 
        tests and evaluations whenever the Coast Guard lacks the 
        capability to conduct the tests and evaluations required by a 
        master plan.
            ``(3) Communication <<NOTE: Deadline.>> of safety 
        concerns.--The Commandant shall require that safety concerns 
        identified during developmental or operational tests and 
        evaluations or through independent or Government-conducted 
        design assessments of capabilities or assets and subsystems of 
        capabilities or assets to be acquired by the Coast Guard shall 
        be communicated as soon as practicable, but not later than 30 
        days after the completion of the test or assessment event or 
        activity that identified the safety concern, to the program 
        manager for the capability or asset and the subsystems concerned 
        and to the Chief Acquisition Officer.
            ``(4) Reporting <<NOTE: Deadline.>> of safety concerns.--Any 
        safety concerns that have been reported to the Chief Acquisition 
        Officer for an acquisition program or project shall be reported 
        by the Commandant to the appropriate congressional committees at 
        least 90 days before the award of any contract or issuance of 
        any delivery order or task order for low, initial, or full-rate 
        production of the capability or asset concerned if they will 
        remain uncorrected or unmitigated at the time such a contract is 
        awarded or delivery order or task order is issued. The report 
        shall include a justification for the approval of that level of 
        production of the capability or asset before the safety concerns 
        are corrected or mitigated. The report shall also include an 
        explanation of the actions that will be taken to correct or 
        mitigate the safety concerns, the date by which those actions 
        will be taken, and the adequacy of current funding to correct or 
        mitigate the safety concerns.

[[Page 124 STAT. 2946]]

            ``(5) Asset <<NOTE: Notifications.>> already in low, 
        initial, or full-rate production.--If operational test and 
        evaluation of a capability or asset already in low, initial, or 
        full-rate production identifies a safety concern with the 
        capability or asset or any subsystems of the capability or asset 
        not previously identified during developmental or operational 
        test and evaluation, the Commandant shall--
                    ``(A) notify <<NOTE: Deadline.>> the program manager 
                and the Chief Acquisition Officer of the safety concern 
                as soon as practicable, but not later than 30 days after 
                the completion of the test and evaluation event or 
                activity that identified the safety concern; and
                    ``(B) notify the Chief Acquisition Officer and 
                include in such notification--
                          ``(i) an explanation of the actions that will 
                      be taken to correct or mitigate the safety concern 
                      in all capabilities or assets and subsystems of 
                      the capabilities or assets yet to be produced, and 
                      the date by which those actions will be taken;
                          ``(ii) an explanation of the actions that will 
                      be taken to correct or mitigate the safety concern 
                      in previously produced capabilities or assets and 
                      subsystems of the capabilities or assets, and the 
                      date by which those actions will be taken; and
                          ``(iii) an assessment of the adequacy of 
                      current funding to correct or mitigate the safety 
                      concern in capabilities or assets and subsystems 
                      of the capabilities or assets and in previously 
                      produced capabilities or assets and subsystems.

    ``(c) Technical Certification.--
            ``(1) In general.--The Commandant shall ensure that any 
        Level 1 or Level 2 acquisition project or program is certified 
        by the technical authority of the Coast Guard after review by an 
        independent third party with capabilities in the mission area, 
        asset, or particular asset component.
            ``(2) TEMPEST testing.--The Commandant shall--
                    ``(A) cause all electronics on all aircraft, 
                surface, and shore capabilities and assets that require 
                TEMPEST certification and that are delivered after the 
                date of enactment of the Coast Guard Authorization Act 
                of 2010 to be tested in accordance with TEMPEST 
                standards and communications security (comsec) standards 
                by an independent third party that is authorized by the 
                Federal Government to perform such testing; and
                    ``(B) certify that the assets meet all applicable 
                TEMPEST requirements.
            ``(3) Cutter classification.--
                    ``(A) In general.--The Commandant shall cause each 
                cutter, other than a National Security Cutter, acquired 
                by the Coast Guard and delivered after the date of 
                enactment of the Coast Guard Authorization Act of 2010 
                to be classed by the American Bureau of Shipping before 
                final acceptance.
                    ``(B) Reports.--Not later than December 31, 2011, 
                and biennially thereafter, the Commandant shall provide 
                a report to the Committee on Transportation and 
                Infrastructure of the House of Representatives and the 
                Committee

[[Page 124 STAT. 2947]]

                on Commerce, Science, and Transportation of the Senate 
                identifying which, if any, Coast Guard cutters that have 
                been issued a certificate of classification by the 
                American Bureau of Shipping have not been maintained in 
                class and detailing the reasons why they have not been 
                maintained in class.
            ``(4) Other vessels.--The Commandant shall cause the design 
        and construction of each National Security Cutter, other than 
        National Security Cutters 1, 2, and 3, to be assessed by an 
        independent third party with expertise in vessel design and 
        construction certification.
            ``(5) Aircraft airworthiness.--The Commandant shall cause 
        all aircraft and aircraft engines acquired by the Coast Guard 
        and delivered after the date of enactment of the Coast Guard 
        Authorization Act of 2010 to be assessed for airworthiness by an 
        independent third party with expertise in aircraft and aircraft 
        engine certification before final acceptance.
``Sec. 574. Acquisition, production, deployment, and support

    ``(a) In General.--The Commandant shall--
            ``(1) ensure there is a stable and efficient production and 
        support capability to develop an asset or capability for the 
        Coast Guard;
            ``(2) conduct follow-on testing to confirm and monitor 
        performance and correct deficiencies; and
            ``(3) conduct acceptance tests and trials prior to the 
        delivery of each asset or system to ensure the delivered asset 
        or system achieves full operational capability.

    ``(b) Elements.--The Commandant shall--
            ``(1) execute production contracts;
            ``(2) ensure that delivered assets and capabilities meet 
        operational cost and schedules requirements established in the 
        acquisition program baseline;
            ``(3) validate manpower and training requirements to meet 
        system needs to operate, maintain, support, and instruct the 
        assets or capabilities; and
            ``(4) prepare an acquisition project or program transition 
        plan to enter into programmatic sustainment, operations, and 
        support.
``Sec. 575. Acquisition <<NOTE: Reports.>>  program baseline 
                breach

    ``(a) In <<NOTE: Deadline.>> General.--The Commandant shall submit a 
report to the appropriate congressional committees and the Committee on 
Homeland Security of the House of Representatives as soon as possible, 
but not later than 30 days, after the Chief Acquisition Officer of the 
Coast Guard becomes aware of the breach of an acquisition program 
baseline for any Level 1 or Level 2 acquisition program, by--
            ``(1) a likely cost overrun greater than 15 percent of the 
        acquisition program baseline for that individual capability or 
        asset or a class of capabilities or assets;
            ``(2) a likely delay of more than 180 days in the delivery 
        schedule for any individual capability or asset or class of 
        capabilities or assets; or
            ``(3) an anticipated failure for any individual capability 
        or asset or class of capabilities or assets to satisfy any key

[[Page 124 STAT. 2948]]

        performance threshold or parameter under the acquisition program 
        baseline.

    ``(b) Content.--The report submitted under subsection (a) shall 
include--
            ``(1) a detailed description of the breach and an 
        explanation of its cause;
            ``(2) the projected impact to performance, cost, and 
        schedule;
            ``(3) an updated acquisition program baseline and the 
        complete history of changes to the original acquisition program 
        baseline;
            ``(4) the updated acquisition schedule and the complete 
        history of changes to the original schedule;
            ``(5) a full life-cycle cost analysis for the capability or 
        asset or class of capabilities or assets;
            ``(6) a remediation plan identifying corrective actions and 
        any resulting issues or risks; and
            ``(7) a description of how progress in the remediation plan 
        will be measured and monitored.

    ``(c) Substantial <<NOTE: Certification.>> Variances in Costs or 
Schedule.--If a likely cost overrun is greater than 20 percent or a 
likely delay is greater than 12 months from the costs and schedule 
described in the acquisition program baseline for any Level 1 or Level 2 
acquisition project or program of the Coast Guard, the Commandant shall 
include in the report a written certification, with a supporting 
explanation, that--
            ``(1) the capability or asset or capability or asset class 
        to be acquired under the project or program is essential to the 
        accomplishment of Coast Guard missions;
            ``(2) there are no alternatives to such capability or asset 
        or capability or asset class that will provide equal or greater 
        capability in both a more cost-effective and timely manner;
            ``(3) the new acquisition schedule and estimates for total 
        acquisition cost are reasonable; and
            ``(4) the management structure for the acquisition program 
        is adequate to manage and control performance, cost, and 
        schedule.
``Sec. 576. Acquisition approval authority

    ``Nothing in this subchapter shall be construed as altering or 
diminishing in any way the statutory authority and responsibility of the 
Secretary of the department in which the Coast Guard is operating, or 
the Secretary's designee, to--
            ``(1) manage and administer department procurements, 
        including procurements by department components, as required by 
        section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341); 
        or
            ``(2) manage department acquisition activities and act as 
        the Acquisition Decision Authority with regard to the review or 
        approval of a Coast Guard Level 1 or Level 2 acquisition project 
        or program, as required by section 16 of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 414) and related implementing 
        regulations and directives.

                      ``SUBCHAPTER III--DEFINITIONS

``Sec. 581. Definitions

    ``In this chapter:

[[Page 124 STAT. 2949]]

            ``(1) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate.
            ``(2) Chief acquisition officer.--The term `Chief 
        Acquisition Officer' means the officer appointed under section 
        56 of this title.
            ``(3) Commandant.--The term `Commandant' means the 
        Commandant of the Coast Guard.
            ``(4) Level 1 acquisition.--The term `Level 1 acquisition' 
        means--
                    ``(A) an acquisition by the Coast Guard--
                          ``(i) the estimated life-cycle costs of which 
                      exceed $1,000,000,000; or
                          ``(ii) the estimated total acquisition costs 
                      of which exceed $300,000,000; or
                    ``(B) any acquisition that the Chief Acquisition 
                Officer of the Coast Guard determines to have a special 
                interest--
                          ``(i) due to--
                                    ``(I) the experimental or 
                                technically immature nature of the 
                                asset;
                                    ``(II) the technological complexity 
                                of the asset;
                                    ``(III) the commitment of resources; 
                                or
                                    ``(IV) the nature of the capability 
                                or set of capabilities to be achieved; 
                                or
                          ``(ii) because such acquisition is a joint 
                      acquisition.
            ``(5) Level 2 acquisition.--The term `Level 2 acquisition' 
        means an acquisition by the Coast Guard--
                    ``(A) the estimated life-cycle costs of which are 
                equal to or less than $1,000,000,000, but greater than 
                $300,000,000; or
                    ``(B) the estimated total acquisition costs of which 
                are equal to or less than $300,000,0000, but greater 
                than $100,000,000.
            ``(6) Life-cycle cost.--The term `life-cycle cost' means all 
        costs for development, procurement, construction, and operations 
        and support for a particular capability or asset, without regard 
        to funding source or management control.
            ``(7) Project or program manager defined.--The term `project 
        or program manager' means an individual designated--
                    ``(A) to develop, produce, and deploy a new asset to 
                meet identified operational requirements; and
                    ``(B) to manage cost, schedule, and performance of 
                the acquisition, project, or program.
            ``(8) Safety concern.--The term `safety concern' means any 
        hazard associated with a capability or asset or a subsystem of a 
        capability or asset that is likely to cause serious bodily 
        injury or death to a typical Coast Guard user in testing, 
        maintaining, repairing, or operating the capability, asset, or 
        subsystem or any hazard associated with the capability, asset, 
        or subsystem that is likely to cause major damage to the 
        capability, asset, or subsystem during the course of its normal 
        operation by a typical Coast Guard user.
            ``(9) Developmental test and evaluation.--The term 
        `developmental test and evaluation' means--

[[Page 124 STAT. 2950]]

                    ``(A) the testing of a capability or asset and the 
                subsystems of the capability or asset to determine 
                whether they meet all contractual performance 
                requirements, including technical performance 
                requirements, supportability requirements, and 
                interoperability requirements and related 
                specifications; and
                    ``(B) the evaluation of the results of such testing.
            ``(10) Operational test and evaluation.--The term 
        `operational test and evaluation' means--
                    ``(A) the testing of a capability or asset and the 
                subsystems of the capability or asset, under conditions 
                similar to those in which the capability or asset and 
                subsystems will actually be deployed, for the purpose of 
                determining the effectiveness and suitability of the 
                capability or asset and subsystems for use by typical 
                Coast Guard users to conduct those missions for which 
                the capability or asset and subsystems are intended to 
                be used; and
                    ``(B) the evaluation of the results of such 
                testing.''.

    (b) Conforming <<NOTE: 14 USC 1.>> Amendment.--The part analysis for 
part I of title 14, United States Code, is amended by inserting after 
the item relating to chapter 13 the following:
``15. Acquisitions................................................561''.
SEC. 403. NATIONAL SECURITY CUTTERS.

    (a) National <<NOTE: Deadline. Assessment.>> Security Cutters 1 and 
2.--Not later than 90 days before the Coast Guard awards any contract or 
issues any delivery order or task order to strengthen the hull of either 
of National Security Cutter 1 or 2 to resolve the structural design and 
performance issues identified in the Department of Homeland Security 
Inspector General's Report OIG-07-23 dated January 2007, the Commandant 
shall submit to the appropriate congressional committees all results of 
an assessment of the proposed hull strengthening design conducted by the 
Coast Guard, including--
            (1) a description in detail of the extent to which the hull 
        strengthening measures to be implemented on those cutters will 
        enable the cutters to meet contract and performance 
        requirements;
            (2) a cost-benefit analysis of the proposed hull 
        strengthening measures for National Security Cutters 1 and 2; 
        and
            (3) a description of any operational restrictions that would 
        have to be applied to either National Security Cutter 1 or 2 if 
        the proposed hull strengthening measures were not implemented on 
        either cutter.

    (b) Appropriate <<NOTE: Definition.>> Congressional Committees.--In 
this section the term ``appropriate congressional committees'' means the 
Committees on Transportation and Infrastructure and Homeland Security of 
the House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate.
SEC. 404. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.

    (a) In General.--For purposes of sections 3304, 5333, and 5753 of 
title 5, United States Code, the Commandant of the Coast Guard may--
            (1) designate any category of acquisition positions within 
        the Coast Guard as shortage category positions; and

[[Page 124 STAT. 2951]]

            (2) use the authorities in such sections to recruit and 
        appoint highly qualified persons directly to positions so 
        designated.

    (b) Limitation.--The Commandant may not appoint a person to a 
position of employment under this paragraph after September 30, 2012.
    (c) Reports.--The Commandant shall include in reports under section 
562(d) of title 14, United States Code, as added by this title, 
information described in that section regarding positions designated 
under this section.

 TITLE V--COAST <<NOTE: Coast Guard Modernization Act of 2010.>> GUARD 
MODERNIZATION
SEC. 501. <<NOTE: 14 USC 1 note.>> SHORT TITLE.

    This title may be cited as the ``Coast Guard Modernization Act of 
2010''.

                   Subtitle A--Coast Guard Leadership

SEC. 511. VICE ADMIRALS.

    (a) Vice Admirals.--Section 50 of such title is amended to read as 
follows:
``Sec. 50. Vice admirals

    ``(a)(1) The President may designate no more than 4 positions of 
importance and responsibility that shall be held by officers who--
                    ``(A) while so serving, shall have the grade of vice 
                admiral, with the pay and allowances of that grade; and
                    ``(B) shall perform such duties as the Commandant 
                may prescribe.

    ``(2) The President may appoint, by and with the advice and consent 
of the Senate, and reappoint, by and with the advice and consent of the 
Senate, to any such position an officer of the Coast Guard who is 
serving on active duty above the grade of captain. The Commandant shall 
make recommendations for such appointments.
    ``(3) (A) Except as provided in subparagraph (B), one of the vice 
admirals designated under paragraph (1) must have at least 10 years 
experience in vessel inspection, marine casualty investigations, mariner 
licensing, or an equivalent technical expertise in the design and 
construction of commercial vessels, with at least 4 years of leadership 
experience at a staff or unit carrying out marine safety functions and 
shall serve as the principal advisor to the Commandant on these issues.
    ``(B) The requirements of subparagraph (A) do not apply to such vice 
admiral if the subordinate officer serving in the grade of rear admiral 
with responsibilities for marine safety, security, and stewrdship 
possesses that experience.
    ``(b)(1) The <<NOTE: Effective date. Termination date.>> appointment 
and the grade of vice admiral shall be effective on the date the officer 
assumes that duty and, except as provided in paragraph (2) of this 
subsection or in section 51(d) of this title, shall terminate on the 
date the officer is detached from that duty.

[[Page 124 STAT. 2952]]

    ``(2) An officer who is appointed to a position designated under 
subsection (a) shall continue to hold the grade of vice admiral--
            ``(A) while under orders transferring the officer to another 
        position designated under subsection (a), beginning on the date 
        the officer is detached from that duty and terminating on the 
        date before the day the officer assumes the subsequent duty, but 
        not for more than 60 days;
            ``(B) while hospitalized, beginning on the day of the 
        hospitalization and ending on the day the officer is discharged 
        from the hospital, but not for more than 180 days; and
            ``(C) while awaiting retirement, beginning on the date the 
        officer is detached from duty and ending on the day before the 
        officer's retirement, but not for more than 60 days.

    ``(c)(1) An appointment of an officer under subsection (a) does not 
vacate the permanent grade held by the officer.
    ``(2) An officer serving in a grade above rear admiral who holds the 
permanent grade of rear admiral (lower half) shall be considered for 
promotion to the permanent grade of rear admiral as if the officer was 
serving in the officer's permanent grade.
    ``(d) Whenever a vacancy occurs in a position designated under 
subsection (a), the Commandant shall inform the President of the 
qualifications needed by an officer serving in that position or office 
to carry out effectively the duties and responsibilities of that 
position or office.''.
    (b) Repeal.--Section 50a of such title <<NOTE: 14 USC 50a.>> is 
repealed.

    (c) Conforming Amendments.--Section 51 of such title <<NOTE: 14 USC 
51.>> is amended--
            (1) by striking subsections (a), (b), and (c) and inserting 
        the following:

    ``(a) An officer, other than the Commandant, who, while serving in 
the grade of vice admiral, is retired for physical disability shall be 
placed on the retired list with the highest grade in which that officer 
served.
    ``(b) An officer, other than the Commandant, who is retired while 
serving in the grade of vice admiral, or who, after serving at least 
2\1/2\ years in the grade of vice admiral, is retired while serving in a 
lower grade, may in the discretion of the President, be retired with the 
highest grade in which that officer served.
    ``(c) An officer, other than the Commandant, who, after serving less 
than 2\1/2\ years in the grade of vice admiral, is retired while serving 
in a lower grade, shall be retired in his permanent grade.''; and
            (2) by striking ``Area Commander, or Chief of Staff'' in 
        subsection (d)(2) and inserting ``or Vice Admiral''.

    (d) Continuity of Grade.--Section 52 of title 14, United States 
Code, is amended by inserting ``or admiral'' after ``vice admiral'' the 
first place it appears.
    (e) Continuation on Active Duty.--The second sentence of section 
290(a) of title 14, United States Code, is amended to read as follows: 
``Officers, other than the Commandant, serving for the time being or who 
have served in the grade of vice admiral are not subject to 
consideration for continuation under this subsection, and as to all 
other provisions of this section shall be considered as having been 
continued at the grade of rear admiral.''.
    (f) Clerical Amendments.--
            (1) The section caption for section 47 of such title is 
        amended to read as follows:

[[Page 124 STAT. 2953]]

``Sec. 47. Vice commandant; appointment''.
            (2) The section caption for section 52 of title 14, United 
        States Code, is amended to read as follows:
``Sec. 52. Vice admirals and admiral, continuity of grade''.
            (3) The <<NOTE: 14 USC 41.>> table of contents for chapter 3 
        of such title is amended--
                    (A) by striking the item relating to section 47 and 
                inserting the following:

``47. Vice Commandant; appointment.'';

                    (B) by striking the item relating to section 50a;
                    (C) by striking the item relating to section 50 and 
                inserting the following:

``50. Vice admirals.''; and

                    (D) by striking the item relating to section 52 and 
                inserting the following:

``52. Vice admirals and admiral, continuity of grade.''.

    (g) Technical Correction.--Section 47 of such title is further 
amended by striking ``subsection'' in the fifth sentence and inserting 
``section''.
    (h) Treatment <<NOTE: 14 USC 50 note.>> of Incumbents; Transition.--
            (1) Notwithstanding any other provision of law, an officer 
        who, on the date of enactment of this Act, is serving as Chief 
        of Staff, Commander, Atlantic Area, or Commander, Pacific Area--
                    (A) shall continue to have the grade of vice admiral 
                with pay and allowance of that grade until such time 
                that the officer is relieved of his duties and appointed 
                and confirmed to another position as a vice admiral or 
                admiral; or
                    (B) for the purposes of transition, may continue at 
                the grade of vice admiral with pay and allowance of that 
                grade, for not more than 1 year after the date of 
                enactment of this Act, to perform the duties of the 
                officer's former position and any other such duties that 
                the Commandant prescribes.

                     Subtitle B--Workforce Expertise

SEC. 521. PREVENTION AND RESPONSE STAFF.

    (a) In General.--Chapter 3 of title 14, United States Code, is 
amended by adding at the end the following new sections:
``Sec. 57. Prevention and response workforces

    ``(a) Career Paths.--The Secretary, acting through the Commandant, 
shall ensure that appropriate career paths for civilian and military 
Coast Guard personnel who wish to pursue career paths in prevention or 
response positions are identified in terms of the education, training, 
experience, and assignments necessary for career progression of 
civilians and members of the Armed Forces to the most senior prevention 
or response positions, as appropriate. 
The <<NOTE: Availability.>> Secretary shall make available published 
information on such career paths.

[[Page 124 STAT. 2954]]

    ``(b) Qualifications for Certain Assignments.--An officer, member, 
or civilian employee of the Coast Guard assigned as a--
            ``(1) marine inspector shall have the training, experience, 
        and qualifications equivalent to that required for a similar 
        position at a classification society recognized by the Secretary 
        under section 3316 of title 46 for the type of vessel, system, 
        or equipment that is inspected;
            ``(2) marine casualty investigator shall have the training, 
        experience, and qualifications in investigation, marine casualty 
        reconstruction, evidence collection and preservation, human 
        factors, and documentation using best investigation practices by 
        Federal and non-Federal entities; or
            ``(3) marine safety engineer shall have knowledge, skill, 
        and practical experience in--
                    ``(A) the construction and operation of commercial 
                vessels;
                    ``(B) judging the character, strength, stability, 
                and safety qualities of such vessels and their 
                equipment; or
                    ``(C) the qualifications and training of vessel 
                personnel.

    ``(c) Apprenticeship Requirement To Qualify for Certain Careers.--
The Commandant may require an officer, member, or employee of the Coast 
Guard in training for a specialized prevention or response career path 
to serve an apprenticeship under the guidance of a qualified individual. 
However, an individual in training to become a marine inspector, marine 
casualty investigator, or marine safety engineer shall serve a minimum 
of one-year as an apprentice unless the Commandant authorizes a shorter 
period for certain qualifications.
    ``(d) Management Information System.--The Secretary, acting through 
the Commandant, shall establish a management information system for the 
prevention and response workforces that shall provide, at a minimum, the 
following standardized information on persons serving in those 
workforces:
            ``(1) Qualifications, assignment history, and tenure in 
        assignments.
            ``(2) Promotion rates for military and civilian personnel.

    ``(e) Assessment of Adequacy of Marine Safety Workforce.--
            ``(1) Report.--The Secretary, acting through the Commandant, 
        shall report to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the Committee 
        on Commerce, Science, and Transportation of the Senate by 
        December 1 of each year on the adequacy of the current marine 
        safety workforce to meet that anticipated workload.
            ``(2) Contents.--The report shall specify the number of 
        civilian and military Coast Guard personnel currently assigned 
        to marine safety positions and shall identify positions that are 
        understaffed to meet the anticipated marine safety workload.

    ``(f) Sector Chief of Prevention.--There shall be in each Coast 
Guard sector a Chief of Prevention who shall be at least a Lieutenant 
Commander or civilian employee within the grade GS-13 of the General 
Schedule, and who shall be a--
            ``(1) marine inspector, qualified to inspect vessels, vessel 
        systems, and equipment commonly found in the sector; and

[[Page 124 STAT. 2955]]

            ``(2) qualified marine casualty investigator or marine 
        safety engineer.

    ``(g) Signatories of Letter of Qualification for Certain Prevention 
Personnel.--Each individual signing a letter of qualification for marine 
safety personnel must hold a letter of qualification for the type being 
certified.
    ``(h) Sector Chief of Response.--There shall be in each Coast Guard 
sector a Chief of Response who shall be at least a Lieutenant Commander 
or civilian employee within the grade GS-13 of the General Schedule in 
each Coast Guard sector.
``Sec. 58. Centers of expertise for Coast Guard prevention and 
              response

    ``(a) Establishment.--The Commandant of the Coast Guard may 
establish and operate one or more centers of expertise for prevention 
and response missions of the Coast Guard (in this section referred to as 
a `center').
    ``(b) Missions.--Each center shall--
            ``(1) promote and facilitate education, training, and 
        research;
            ``(2) develop a repository of information on its missions 
        and specialties; and
            ``(3) perform any other missions as the Commandant may 
        specify.

    ``(c) Joint Operation With Educational Institution Authorized.--The 
Commandant may enter into an agreement with an appropriate official of 
an institution of higher education to--
            ``(1) provide for joint operation of a center; and
            ``(2) provide necessary administrative services for a 
        center, including administration and allocation of funds.

    ``(d) Acceptance of Donations.--
            ``(1) Except as provided in paragraph (2), the Commandant 
        may accept, on behalf of a center, donations to be used to 
        defray the costs of the center or to enhance the operation of 
        the center. Those donations may be accepted from any State or 
        local government, any foreign government, any foundation or 
        other charitable organization (including any that is organized 
        or operates under the laws of a foreign country), or any 
        individual.
            ``(2) The Commandant may not accept a donation under 
        paragraph (1) if the acceptance of the donation would compromise 
        or appear to compromise--
                    ``(A) the ability of the Coast Guard or the 
                department in which the Coast Guard is operating, any 
                employee of the Coast Guard or the department, or any 
                member of the Armed Forces to carry out any 
                responsibility or duty in a fair and objective manner; 
                or
                    ``(B) the integrity of any program of the Coast 
                Guard, the department in which the Coast Guard is 
                operating, or of any person involved in such a program.
            ``(3) The <<NOTE: Guidelines.>> Commandant shall prescribe 
        written guidance setting forth the criteria to be used in 
        determining whether or not the acceptance of a donation from a 
        foreign source would have a result described in paragraph (2).

[[Page 124 STAT. 2956]]

``Sec. 59. Marine industry training program

    ``(a) In General.--The Commandant shall, by policy, establish a 
program under which an officer, member, or employee of the Coast Guard 
may be assigned to a private entity to further the institutional 
interests of the Coast Guard with regard to marine safety, including for 
the purpose of providing training to an officer, member, or employee. 
Policies to carry out the program--
            ``(1) with regard to an employee of the Coast Guard, shall 
        include provisions, consistent with sections 3702 through 3704 
        of title 5, as to matters concerning--
                    ``(A) the duration and termination of assignments;
                    ``(B) reimbursements; and
                    ``(C) status, entitlements, benefits, and 
                obligations of program participants; and
            ``(2) shall require the Commandant, before approving the 
        assignment of an officer, member, or employee of the Coast Guard 
        to a private entity, to determine that the assignment is an 
        effective use of the Coast Guard's funds, taking into account 
        the best interests of the Coast Guard and the costs and benefits 
        of alternative methods of achieving the same results and 
        objectives.

    ``(b) Annual Report.--Not later than the date of the submission each 
year of the President's budget request under section 1105 of title 31, 
the Commandant shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report that 
describes--
            ``(1) the number of officers, members, and employees of the 
        Coast Guard assigned to private entities under this section; and
            ``(2) the specific benefit that accrues to the Coast Guard 
        for each assignment.''.

    (b) Clerical <<NOTE: 14 USC 41.>> Amendment.--The table of sections 
at the beginning of such chapter is further amended by adding at the end 
the following new items:

``57. Prevention and response workforces.
``58. Centers of expertise for Coast Guard prevention and response.
``59. Marine industry training programs.''.

SEC. 522. MARINE SAFETY MISSION PRIORITIES AND LONG-TERM GOALS.

    (a) In General.--Chapter 21 of title 46, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2116. Marine safety strategy, goals, and performance 
                  assessments

    ``(a) Long-Term Strategy and Goals.--In conjunction with existing 
federally required strategic planning efforts, the Secretary shall 
develop a long-term strategy for improving vessel safety and the safety 
of individuals on vessels. The strategy shall include the issuance each 
year of an annual plan and schedule for achieving the following goals:
            ``(1) Reducing the number and rates of marine casualties.
            ``(2) Improving the consistency and effectiveness of vessel 
        and operator enforcement and compliance programs.
            ``(3) Identifying and targeting enforcement efforts at high-
        risk vessels and operators.

[[Page 124 STAT. 2957]]

            ``(4) Improving research efforts to enhance and promote 
        vessel and operator safety and performance.

    ``(b) Contents of Strategy and Annual Plans.--
            ``(1) Measurable goals.--The strategy and annual plans shall 
        include specific numeric or measurable goals designed to achieve 
        the goals set forth in subsection (a). The purposes of the 
        numeric or measurable goals are the following:
                    ``(A) To increase the number of safety examinations 
                on all high-risk vessels.
                    ``(B) To eliminate the backlog of marine safety-
                related rulemakings.
                    ``(C) To improve the quality and effectiveness of 
                marine safety information databases by ensuring that all 
                Coast Guard personnel accurately and effectively report 
                all safety, casualty, and injury information.
                    ``(D) To provide for a sufficient number of Coast 
                Guard marine safety personnel, and provide adequate 
                facilities and equipment to carry out the functions 
                referred to in section 93(c).
            ``(2) Resource needs.--The strategy and annual plans shall 
        include estimates of--
                    ``(A) the funds and staff resources needed to 
                accomplish each activity included in the strategy and 
                plans; and
                    ``(B) the staff skills and training needed for 
                timely and effective accomplishment of each goal.

    ``(c) Submission With the President's <<NOTE: Effective 
date. Deadline. Plans.>> Budget.--Beginning with fiscal year 2011 and 
each fiscal year thereafter, the Secretary shall submit to Congress the 
strategy and annual plan not later than 60 days following the 
transmission of the President's budget submission under section 1105 of 
title 31.

    ``(d) Achievement of Goals.--
            ``(1) Progress assessment.--No <<NOTE: Deadline.>> less 
        frequently than semiannually, the Coast Guard Commandant shall 
        assess the progress of the Coast Guard toward achieving the 
        goals set forth in subsection (b). The Commandant shall convey 
        the Commandant's assessment to the employees of the marine 
        safety workforce and shall identify any deficiencies that should 
        be remedied before the next progress assessment.
            ``(2) Report to congress.--The Secretary shall report 
        annually to the Committee on Transportation and Infrastructure 
        of the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate--
                    ``(A) on the performance of the marine safety 
                program in achieving the goals of the marine safety 
                strategy and annual plan under subsection (a) for the 
                year covered by the report;
                    ``(B) on the program's mission performance in 
                achieving numerical measurable goals established under 
                subsection (b); and
                    ``(C) recommendations on how to improve performance 
                of the program.''.

    (b) Clerical <<NOTE: 46 USC 2101.>> Amendment.--The analysis for 
such chapter is amended by adding at the end the following new item:

``2116. Marine safety strategy, goals, and performance assessments.''.

    (c) Certificates of Inspection.--Section 3309 of title 46, United 
States Code, is amended by adding at the end the following:

[[Page 124 STAT. 2958]]

    ``(d) A certificate of inspection issued under this section shall be 
signed by the senior Coast Guard member or civilian employee who 
inspected the vessel, in addition to the officer in charge of marine 
inspection.''.
SEC. 523. POWERS AND DUTIES.

    Section 93 of title 14, United States Code, is amended by adding at 
the end the following new subsections:
    ``(c) Marine Safety Responsibilities.--In exercising the 
Commandant's duties and responsibilities with regard to marine safety, 
the individual with the highest rank who meets the experience 
qualifications set forth in section 50(a)(3) shall serve as the 
principal advisor to the Commandant regarding--
            ``(1) the operation, regulation, inspection, identification, 
        manning, and measurement of vessels, including plan approval and 
        the application of load lines;
            ``(2) approval of materials, equipment, appliances, and 
        associated equipment;
            ``(3) the reporting and investigation of marine casualties 
        and accidents;
            ``(4) the licensing, certification, documentation, 
        protection and relief of merchant seamen;
            ``(5) suspension and revocation of licenses and 
        certificates;
            ``(6) enforcement of manning requirements, citizenship 
        requirements, control of log books;
            ``(7) documentation and numbering of vessels;
            ``(8) State boating safety programs;
            ``(9) commercial instruments and maritime liens;
            ``(10) the administration of bridge safety;
            ``(11) administration of the navigation rules;
            ``(12) the prevention of pollution from vessels;
            ``(13) ports and waterways safety;
            ``(14) waterways management; including regulation for 
        regattas and marine parades;
            ``(15) aids to navigation; and
            ``(16) other duties and powers of the Secretary related to 
        marine safety and stewardship.

    ``(d) Other Authority Not Affected.--Nothing in subsection (c) 
affects--
            ``(1) the authority of Coast Guard officers and members to 
        enforce marine safety regulations using authority under section 
        89 of this title; or
            ``(2) the exercise of authority under section 91 of this 
        title and the provisions of law codified at sections 191 through 
        195 of title 50 on the date of enactment of this paragraph.''.
SEC. 524. APPEALS AND WAIVERS.

    (a) In General.--Chapter 5 of title 14, United States Code, is 
further amended by inserting at the end the following new section:
``Sec. 102. Appeals and waivers

    ``Except for the Commandant of the Coast Guard, any individual 
adjudicating an appeal or waiver of a decision regarding marine safety, 
including inspection or manning and threats to the environment, shall--
            ``(1) be a qualified specialist with the training, 
        experience, and qualifications in marine safety to effectively 
        judge the

[[Page 124 STAT. 2959]]

        facts and circumstances involved in the appeal and make a 
        judgment regarding the merits of the appeal; or
            ``(2) have a senior staff member who--
                    ``(A) meets the requirements of paragraph (1);
                    ``(B) actively advises the individual adjudicating 
                the appeal; and
                    ``(C) concurs in writing on the decision on 
                appeal.''.

    (b) Clerical <<NOTE: 14 USC 81.>> Amendment.--The analysis for such 
chapter is further amended by adding at the end the following new item:

``102. Appeals and waivers.''.

SEC. 525. COAST GUARD ACADEMY.

    (a) In General.--Chapter 9 of title 14, United States Code, is 
further amended by adding at the end the following new section:
``Sec. 200. Marine safety curriculum

    ``The Commandant of the Coast Guard shall ensure that professional 
courses of study in marine safety are provided at the Coast Guard 
Academy, and during other officer accession programs, to give Coast 
Guard cadets and other officer candidates a background and understanding 
of the marine safety program. These courses may include such topics as 
program history, vessel design and construction, vessel inspection, 
casualty investigation, and administrative law and regulations.''.
    (b) Clerical <<NOTE: 14 USC 181.>> Amendment.--The analysis for such 
chapter is further amended by adding at the end the following new item:

``200. Marine safety curriculum.''.

SEC. 526. REPORT REGARDING CIVILIAN MARINE INSPECTORS.

    Not later than 1 year after the date of enactment of this Act, the 
Commandant of the Coast Guard shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on Coast Guard's efforts to recruit and retain civilian marine 
inspectors and investigators and the impact of such recruitment and 
retention efforts on Coast Guard organizational performance.

TITLE VI--MARINE <<NOTE: Maritime Safety Act of 2010.>>  SAFETY
SEC. 601. <<NOTE: 46 USC 101 note.>> SHORT TITLE.

    This title may be cited as the ``Maritime Safety Act of 2010''.
SEC. 602. VESSEL SIZE LIMITS.

    (a) Length, Tonnage, and Horsepower.--Section 12113(d)(2) of title 
46, United States Code, is amended--
            (1) by inserting ``and'' after the semicolon at the end of 
        subparagraph (A)(i);
            (2) by striking ``and'' at the end of subparagraph (A)(ii);
            (3) by striking subparagraph (A)(iii);
            (4) by striking the period at the end of subparagraph (B) 
        and inserting a semicolon; and
            (5) by inserting at the end the following:
                    ``(C) the vessel is either a rebuilt vessel or a 
                replacement vessel under section 208(g) of the American 
                Fisheries Act (title II of division C of Public Law 105-
                277; 112

[[Page 124 STAT. 2960]]

                Stat. 2681-627) and is eligible for a fishery 
                endorsement under this section; or
                    ``(D) the vessel is a fish tender vessel that is not 
                engaged in the harvesting or processing of fish.''.

    (b) Conforming Amendments.--
            (1) Vessel rebuilding and replacement.--Section 208(g) of 
        the American Fisheries Act (title II of division C of Public Law 
        105-277; 112 Stat. 2681-627) <<NOTE: 16 USC 1851 note.>>  is 
        amended to read as follows:

    ``(g) Vessel Rebuilding and Replacement.--
            ``(1) In general.--
                    ``(A) Rebuild or replace.--Notwithstanding any 
                limitation to the contrary on replacing, rebuilding, or 
                lengthening vessels or transferring permits or licenses 
                to a replacement vessel contained in sections 679.2 and 
                679.4 of title 50, Code of Federal Regulations, as in 
                effect on the date of enactment of the Coast Guard 
                Authorization Act of 2010 and except as provided in 
                paragraph (4), the owner of a vessel eligible under 
                subsection (a), (b), (c), (d), or (e), in order to 
                improve vessel safety and operational efficiencies 
                (including fuel efficiency), may rebuild or replace that 
                vessel (including fuel efficiency) with a vessel 
                documented with a fishery endorsement under section 
                12113 of title 46, United States Code.
                    ``(B) Same requirements.--The rebuilt or replacement 
                vessel shall be eligible in the same manner and subject 
                to the same restrictions and limitations under such 
                subsection as the vessel being rebuilt or replaced.
                    ``(C) Transfer of permits and licenses.--Each 
                fishing permit and license held by the owner of a vessel 
                or vessels to be rebuilt or replaced under subparagraph 
                (A) shall be transferred to the rebuilt or replacement 
                vessel or its owner, as necessary to permit such rebuilt 
                or replacement vessel to operate in the same manner as 
                the vessel prior to the rebuilding or the vessel it 
                replaced, respectively.
            ``(2) Recommendations of north pacific fishery management 
        council.--The North Pacific Fishery Management Council may 
        recommend for approval by the Secretary such conservation and 
        management measures, including size limits and measures to 
        control fishing capacity, in accordance with the Magnuson-
        Stevens Act as it considers necessary to ensure that this 
        subsection does not diminish the effectiveness of fishery 
        management plans of the Bering Sea and Aleutian Islands 
        Management Area or the Gulf of Alaska.
            ``(3) Special rule for replacement of certain vessels.--
                    ``(A) In general.--Notwithstanding the requirements 
                of subsections (b)(2), (c)(1), and (c)(2) of section 
                12113 of title 46, United States Code, a vessel that is 
                eligible under subsection (a), (b), (c), or (e) and that 
                qualifies to be documented with a fishery endorsement 
                pursuant to section 213(g) may be replaced with a 
                replacement vessel under paragraph (1) if the vessel 
                that is replaced is validly documented with a fishery 
                endorsement pursuant to section 213(g) before the 
                replacement vessel is documented with

[[Page 124 STAT. 2961]]

                a fishery endorsement under section 12113 of title 46, 
                United States Code.
                    ``(B) Applicability.--A replacement vessel under 
                subparagraph (A) and its owner and mortgagee are subject 
                to the same limitations under section 213(g) that are 
                applicable to the vessel that has been replaced and its 
                owner and mortgagee.
            ``(4) Special rules for certain catcher vessels.--
                    ``(A) In general.--A replacement for a covered 
                vessel described in subparagraph (B) is prohibited from 
                harvesting fish in any fishery (except for the Pacific 
                whiting fishery) managed under the authority of any 
                Regional Fishery Management Council (other than the 
                North Pacific Fishery Management Council) established 
                under section 302(a) of the Magnuson-Stevens Act.
                    ``(B) Covered vessels.--A covered vessel referred to 
                in subparagraph (A) is--
                          ``(i) a vessel eligible under subsection (a), 
                      (b), or (c) that is replaced under paragraph (1); 
                      or
                          ``(ii) a vessel eligible under subsection (a), 
                      (b), or (c) that is rebuilt to increase its 
                      registered length, gross tonnage, or shaft 
                      horsepower.
            ``(5) Limitation on fishery endorsements.--Any vessel that 
        is replaced under this subsection shall thereafter not be 
        eligible for a fishery endorsement under section 12113 of title 
        46, United States Code, unless that vessel is also a replacement 
        vessel described in paragraph (1).
            ``(6) Gulf of alaska limitation.--Notwithstanding paragraph 
        (1), the Secretary shall prohibit from participation in the 
        groundfish fisheries of the Gulf of Alaska any vessel that is 
        rebuilt or replaced under this subsection and that exceeds the 
        maximum length overall specified on the license that authorizes 
        fishing for groundfish pursuant to the license limitation 
        program under part 679 of title 50, Code of Federal Regulations, 
        as in effect on the date of enactment of the Coast Guard 
        Authorization Act of 2010.
            ``(7) Authority of pacific council.--Nothing in this section 
        shall be construed to diminish or otherwise affect the authority 
        of the Pacific Council to recommend to the Secretary 
        conservation and management measures to protect fisheries under 
        its jurisdiction (including the Pacific whiting fishery) and 
        participants in such fisheries from adverse impacts caused by 
        this Act.''.
            (2) Repeal of exemption of certain vessels.--Section 203(g) 
        of the American Fisheries Act (title II of division C of Public 
        Law 105-277; 112 Stat. 2681-620) is repealed.
            (3) Fishery cooperative exit provisions.--Section 210(b) of 
        the American Fisheries Act (title II of division C of Public Law 
        105-277; 112 Stat. 2681-629) <<NOTE: 16 USC 1851 note.>>  is 
        amended--
                    (A) by moving the matter beginning with ``the 
                Secretary shall'' in paragraph (1) 2 ems to the right; 
                and
                    (B) by adding at the end the following:
            ``(7) Fishery cooperative exit provisions.--
                    ``(A) Fishing allowance determination.--For purposes 
                of determining the aggregate percentage of directed 
                fishing allowances under paragraph (1), when a catcher

[[Page 124 STAT. 2962]]

                vessel is removed from the directed pollock fishery, the 
                fishery allowance for pollock for the vessel being 
                removed--
                          ``(i) shall be based on the catch history 
                      determination for the vessel made pursuant to 
                      section 679.62 of title 50, Code of Federal 
                      Regulations, as in effect on the date of enactment 
                      of the Coast Guard Authorization Act of 2010; and
                          ``(ii) shall be assigned, for all purposes 
                      under this title, in the manner specified by the 
                      owner of the vessel being removed to any other 
                      catcher vessel or among other catcher vessels 
                      participating in the fishery cooperative if such 
                      vessel or vessels remain in the fishery 
                      cooperative for at least one year after the date 
                      on which the vessel being removed leaves the 
                      directed pollock fishery.
                    ``(B) Eligibility for fishery endorsement.--Except 
                as provided in subparagraph (C), a vessel that is 
                removed pursuant to this paragraph shall be permanently 
                ineligible for a fishery endorsement, and any claim 
                (including relating to catch history) associated with 
                such vessel that could qualify any owner of such vessel 
                for any permit to participate in any fishery within the 
                exclusive economic zone of the United States shall be 
                extinguished, unless such removed vessel is thereafter 
                designated to replace a vessel to be removed pursuant to 
                this paragraph.
                    ``(C) Limitations on statutory construction.--
                Nothing in this paragraph shall be construed--
                          ``(i) to make the vessels AJ (United States 
                      official number 905625), DONA MARTITA (United 
                      States official number 651751), NORDIC EXPLORER 
                      (United States official number 678234), and 
                      PROVIDIAN (United States official number 1062183) 
                      ineligible for a fishery endorsement or any permit 
                      necessary to participate in any fishery under the 
                      authority of the New England Fishery Management 
                      Council or the Mid-Atlantic Fishery Management 
                      Council established, respectively, under 
                      subparagraphs (A) and (B) of section 302(a)(1) of 
                      the Magnuson-Stevens Act; or
                          ``(ii) to allow the vessels referred to in 
                      clause (i) to participate in any fishery under the 
                      authority of the Councils referred to in clause 
                      (i) in any manner that is not consistent with the 
                      fishery management plan for the fishery developed 
                      by the Councils under section 303 of the Magnuson-
                      Stevens Act.''.
SEC. 603. COLD <<NOTE: Reports.>> WEATHER SURVIVAL TRAINING.

    The Commandant of the Coast Guard shall report to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate on 
the efficacy of cold weather survival training conducted by the Coast 
Guard over the preceding 5 years. The report shall include plans for 
conducting such training in fiscal years 2010 through 2013.
SEC. 604. FISHING VESSEL SAFETY.

    (a) Safety Standards.--Section 4502 of title 46, United States Code, 
is amended--
            (1) in subsection (a), by--

[[Page 124 STAT. 2963]]

                    (A) striking paragraphs (6) and (7) and inserting 
                the following:
            ``(6) other equipment required to minimize the risk of 
        injury to the crew during vessel operations, if the Secretary 
        determines that a risk of serious injury exists that can be 
        eliminated or mitigated by that equipment; and''; and
                    (B) redesignating paragraph (8) as paragraph (7);
            (2) in subsection (b)--
                    (A) in paragraph (1) in the matter preceding 
                subparagraph (A), by striking ``documented'';
                    (B) in paragraph (1)(A), by striking ``the Boundary 
                Line'' and inserting ``3 nautical miles from the 
                baseline from which the territorial sea of the United 
                States is measured or beyond 3 nautical miles from the 
                coastline of the Great Lakes'';
                    (C) in paragraph (2)(B), by striking ``lifeboats or 
                liferafts'' and inserting ``a survival craft that 
                ensures that no part of an individual is immersed in 
                water'';
                    (D) in paragraph (2)(D), by inserting ``marine'' 
                before ``radio'';
                    (E) in paragraph (2)(E), by striking ``radar 
                reflectors, nautical charts, and anchors'' and inserting 
                ``nautical charts, and publications'';
                    (F) in paragraph (2)(F), by striking ``, including 
                medicine chests'' and inserting ``and medical supplies 
                sufficient for the size and area of operation of the 
                vessel''; and
                    (G) by amending paragraph (2)(G) to read as follows:
            ``(G) ground tackle sufficient for the vessel.'';
            (3) by amending subsection (f) to read as follows:

    ``(f) To ensure compliance with the requirements of this chapter, 
the Secretary--
            ``(1) shall <<NOTE: Records.>> require the individual in 
        charge of a vessel described in subsection (b) to keep a record 
        of equipment maintenance, and required instruction and drills; 
        and
            ``(2) <<NOTE: Deadline. Certification.>> shall examine at 
        dockside a vessel described in subsection (b) at least once 
        every 2 years, and shall issue a certificate of compliance to a 
        vessel meeting the requirements of this chapter.''; and
            (4) by adding at the end the following:

    ``(g)(1) The individual in charge of a vessel described in 
subsection (b) must pass a training program approved by the Secretary 
that meets the requirements in paragraph (2) of this subsection and hold 
a valid certificate issued under that program.
    ``(2) The training program shall--
            ``(A) be based on professional knowledge and skill obtained 
        through sea service and hands-on training, including training in 
        seamanship, stability, collision prevention, navigation, fire 
        fighting and prevention, damage control, personal survival, 
        emergency medical care, emergency drills, and weather;
            ``(B) require an individual to demonstrate ability to 
        communicate in an emergency situation and understand information 
        found in navigation publications;
            ``(C) recognize and give credit for recent past experience 
        in fishing vessel operation; and
            ``(D) provide for issuance of a certificate to an individual 
        that has successfully completed the program.

[[Page 124 STAT. 2964]]

    ``(3) The <<NOTE: Regulations. Certification. Deadline.>> Secretary 
shall prescribe regulations implementing this subsection. The 
regulations shall require that individuals who are issued a certificate 
under paragraph (2)(D) must complete refresher training at least once 
every 5 years as a condition of maintaining the validity of the 
certificate.

    ``(4) The <<NOTE: Public information. Database.>> Secretary shall 
establish a publicly accessible electronic database listing the names of 
individuals who have participated in and received a certificate 
confirming successful completion of a training program approved by the 
Secretary under this section.

    ``(h) A vessel to which this chapter applies shall be constructed in 
a manner that provides a level of safety equivalent to the minimum 
safety standards the Secretary may establish for recreational vessels 
under section 4302, if--
            ``(1) subsection (b) of this section applies to the vessel;
            ``(2) the vessel is less than 50 feet overall in length; and
            ``(3) the vessel is built after January 1, 2010.

    ``(i)(1) The <<NOTE: Grants.>> Secretary shall establish a Fishing 
Safety Training Grants Program to provide funding to municipalities, 
port authorities, other appropriate public entities, not-for-profit 
organizations, and other qualified persons that provide commercial 
fishing safety training--
            ``(A) to conduct fishing vessel safety training for vessel 
        operators and crewmembers that--
                    ``(i) in the case of vessel operators, meets the 
                requirements of subsection (g); and
                    ``(ii) in the case of crewmembers, meets the 
                requirements of subsection (g)(2)(A), such requirements 
                of subsection (g)(2)(B) as are appropriate for 
                crewmembers, and the requirements of subsections 
                (g)(2)(D), (g)(3), and (g)(4); and
            ``(B) for purchase of safety equipment and training aids for 
        use in those fishing vessel safety training programs.

    ``(2) The Secretary shall award grants under this subsection on a 
competitive basis.
    ``(3) The Federal share of the cost of any activity carried out with 
a grant under this subsection shall not exceed 75 percent.
    ``(4) There is authorized to be appropriated $3,000,000 for each of 
fiscal years 2010 through 2014 for grants under this subsection.
    ``(j)(1) <<NOTE: Grants.>> The Secretary shall establish a Fishing 
Safety Research Grant Program to provide funding to individuals in 
academia, members of non-profit organizations and businesses involved in 
fishing and maritime matters, and other persons with expertise in 
fishing safety, to conduct research on methods of improving the safety 
of the commercial fishing industry, including vessel design, emergency 
and survival equipment, enhancement of vessel monitoring systems, 
communications devices, de-icing technology, and severe weather 
detection.

    ``(2) The Secretary shall award grants under this subsection on a 
competitive basis.
    ``(3) The Federal share of the cost of any activity carried out with 
a grant under this subsection shall not exceed 75 percent.
    ``(4) There is authorized to be appropriated $3,000,000 for each 
fiscal years 2010 through 2014 for activities under this subsection.''.
    (b) Conforming Amendment.--Section 4506(b) of title 46, United 
States Code, is repealed.
    (c) Advisory Committee.--

[[Page 124 STAT. 2965]]

            (1) Change of name.--Section 4508 of title 46, United States 
        Code, is amended--
                    (A) by striking the section heading and inserting 
                the following:
``Sec. 4508. Commercial Fishing Safety Advisory Committee'';
                and
                    (B) in subsection (a) by striking ``Industry 
                Vessel''.
            (2) Membership requirements.--Section 4508(b)(1) of that 
        title is amended--
                    (A) by striking ``seventeen'' and inserting 
                ``eighteen'';
                    (B) in subparagraph (A)--
                          (i) in the matter preceding clause (i), by 
                      striking ``from the commercial fishing industry 
                      who--'' and inserting ``who shall represent the 
                      commercial fishing industry and who--''; and
                          (ii) in clause (ii), by striking ``an 
                      uninspected'' and inserting ``a'';
                    (C) by striking subparagraph (B) and inserting the 
                following:
            ``(B) three members who shall represent the general public, 
        including, whenever possible--
                    ``(i) an independent expert or consultant in 
                maritime safety;
                    ``(ii) a marine surveyor who provides services to 
                vessels to which this chapter applies; and
                    ``(iii) a person familiar with issues affecting 
                fishing communities and families of fishermen;''; and
                    (D) in subparagraph (C)--
                          (i) in the matter preceding clause (i), by 
                      striking ``representing each of--'' 
                      and inserting ``each of whom shall represent--'';
                          (ii) in clause (i), by striking ``or marine 
                      surveyors;'' and inserting ``and marine 
                      engineers;'';
                          (iii) in clause (iii), by striking ``and'' 
                      after the semicolon at the end;
                          (iv) in clause (iv), by striking the period at 
                      the end and inserting ``; and''; and
                          (v) by adding at the end the following new 
                      clause:
                    ``(v) owners of vessels to which this chapter 
                applies.''.
            (3) Termination.--Section 4508(e)(1) of that title is 
        amended by striking ``September 30, 2010.'' and inserting 
        ``September 30, 2020.''.
            (4) Clerical <<NOTE: 46 USC 4501.>> amendment.--The table of 
        sections at the beginning of chapter 45 of title 46, United 
        States Code, is amended by striking the item relating to such 
        section and inserting the following:

``4508. Commercial Fishing Safety Advisory Committee.''.

    (d) Loadlines for Vessels 79 Feet or Greater in Length.--
            (1) Limitation on exemption for fishing vessels.--Section 
        5102(b)(3) of title 46, United States Code, is amended by 
        inserting after ``vessel'' the following ``, unless the vessel 
        is built after July 1, 2012''.
            (2) Alternate program for certain fishing vessels.--Section 
        5103 of title 46, United States Code, is amended by adding at 
        the end the following:

[[Page 124 STAT. 2966]]

    ``(c) A fishing vessel built on or before July 1, 2012, that 
undergoes a substantial change to the dimension of or type of the vessel 
completed after the later of July 1, 2012, or the date the Secretary 
establishes standards for an alternate loadline compliance program, 
shall comply with such an alternative loadline compliance program that 
is developed in cooperation with the commercial fishing industry and 
prescribed by the Secretary.''.
    (e) Classing of Vessels.--
            (1) In general.--Section 4503 of title 46, United States 
        Code, is amended--
                    (A) by striking the section heading and inserting 
                the following:
``Sec. 4503. Fishing, fish tender, and fish processing vessel 
                  certification'';
                    (B) in subsection (a) by striking ``fish 
                processing''; and
                    (C) by adding at the end the following:

    ``(c) This <<NOTE: Applicability.>> section applies to a vessel to 
which section 4502(b) of this title applies that is at least 50 feet 
overall in length and is built after July 1, 2012.

    ``(d)(1) <<NOTE: Effective date.>> After January 1, 2020, a fishing 
vessel, fish processing vessel, or fish tender vessel to which section 
4502(b) of this title applies shall comply with an alternate safety 
compliance program that is developed in cooperation with the commercial 
fishing industry and prescribed by the Secretary, if the vessel--
            ``(A) is at least 50 feet overall in length;
            ``(B) is built before July 1, 2012; and
            ``(C) is 25 years of age or older.

    ``(2) A fishing vessel, fish processing vessel, or fish tender 
vessel built before July 1, 2012, that undergoes a substantial change to 
the dimension of or type of vessel completed after the later of July 1, 
2012, or the date the Secretary establishes standards for an alternate 
safety compliance program, shall comply with such an alternative safety 
compliance program that is developed in cooperation with the commercial 
fishing industry and prescribed by the Secretary.
    ``(3) Alternative safety compliance programs may be developed for 
purposes of paragraph (1) for specific regions and fisheries.
    ``(4) <<NOTE: Effective date. Contracts.>> Notwithstanding paragraph 
(1), vessels owned by a person that owns more than 30 vessels subject to 
that paragraph are not required to meet the alternate safety compliance 
requirements of that paragraph until January 1, 2030, if that owner 
enters into a compliance agreement with the Secretary that provides for 
a fixed schedule for all of the vessels owned by that person to meet 
requirements of that paragraph by that date and the vessel owner is 
meeting that schedule.

    ``(5) <<NOTE: Applicability.>> A fishing vessel, fish processing 
vessel, or fish tender vessel to which section 4502(b) of this title 
applies that was classed before July 1, 2012, shall--
            ``(A) remain subject to the requirements of a classification 
        society approved by the Secretary; and
            ``(B) <<NOTE: Certification.>> have on board a certificate 
        from that society.''.
            (2) Clerical <<NOTE: 46 USC 4501.>> amendment.--The table of 
        sections at the beginning of chapter 45 of title 46, United 
        States Code, is amended by striking the item relating to such 
        section and inserting the following:

``4503. Fishing, fish tender, and fish processing vessel 
           certification.''.

[[Page 124 STAT. 2967]]

    (f) Alternative Safety Compliance Program.--No <<NOTE: Deadline. 46 
USC 4503 note.>> later than January 1, 2017, the Secretary of the 
department in which the Coast Guard is operating shall prescribe an 
alternative safety compliance program referred to in section 4503(d)(1) 
of the title 46, United States Code, as amended by this section.
SEC. 605. MARINER RECORDS.

    Section 7502 of title 46, United States Code, is amended--
            (1) by inserting ``(a)'' before ``The'';
            (2) by striking ``computerized records'' and inserting 
        ``records, including electronic records,''; and
            (3) by adding at the end the following:

    ``(b) <<NOTE: Time period.>> The Secretary may prescribe regulations 
requiring a vessel owner or managing operator of a commercial vessel, or 
the employer of a seaman on that vessel, to maintain records of each 
individual engaged on the vessel subject to inspection under chapter 33 
on matters of engagement, discharge, and service for not less than 5 
years after the date of the completion of the service of that individual 
on the vessel. The regulations may require that a vessel owner, managing 
operator, or employer shall make these records available to the 
individual and the Coast Guard on request.

    ``(c) <<NOTE: Penalty.>> A person violating this section, or a 
regulation prescribed under this section, is liable to the United States 
Government for a civil penalty of not more than $5,000.''.
SEC. 606. DELETION OF EXEMPTION OF LICENSE REQUIREMENT FOR 
                        OPERATORS OF CERTAIN TOWING VESSELS.

    Section 8905 of title 46, United States Code, is amended--
            (1) by striking subsection (b); and
            (2) by redesignating subsection (c) as subsection (b).
SEC. 607. LOG BOOKS.

    (a) In General.--Chapter 113 of title 46, United States Code, is 
amended by adding at the end the following:
``Sec. 11304. Additional logbook and entry requirements

    ``(a) A vessel of the United States that is subject to inspection 
under section 3301 of this title, except a vessel on a voyage from a 
port in the United States to a port in Canada, shall have an official 
logbook, which shall be kept available for review by the Secretary on 
request.
    ``(b) The log book required by subsection (a) shall include the 
following entries:
            ``(1) The time when each seaman and each officer assumed or 
        relieved the watch.
            ``(2) The number of hours in service to the vessels of each 
        seaman and each officer.
            ``(3) An account of each accident, illness, and injury that 
        occurs during each watch.''.

    (b) Clerical <<NOTE: 46 USC 11301.>> Amendment.--The table of 
sections at the beginning of such chapter is amended by adding at the 
end the following:

``11304. Additional logbook and entry requirements.''.

SEC. 608. SAFE OPERATIONS AND EQUIPMENT STANDARDS.

    (a) In General.--Chapter 21 of title 46, United States Code, is 
further amended by adding at the end the following new sections:

[[Page 124 STAT. 2968]]

``Sec. 2117. Termination for unsafe operation

    ``An individual authorized to enforce this title--
            ``(1) may remove a certificate required by this title from a 
        vessel that is operating in a condition that does not comply 
        with the provisions of the certificate;
            ``(2) may order the individual in charge of a vessel that is 
        operating that does not have on board the certificate required 
        by this title to return the vessel to a mooring and to remain 
        there until the vessel is in compliance with this title; and
            ``(3) may direct the individual in charge of a vessel to 
        which this title applies to immediately take reasonable steps 
        necessary for the safety of individuals on board the vessel if 
        the official observes the vessel being operated in an unsafe 
        condition that the official believes creates an especially 
        hazardous condition, including ordering the individual in charge 
        to return the vessel to a mooring and to remain there until the 
        situation creating the hazard is corrected or ended.
``Sec. 2118. Establishment of equipment standards

    ``(a) In establishing standards for approved equipment required on 
vessels subject to part B of this title, the Secretary shall establish 
standards that are--
            ``(1) based on performance using the best available 
        technology that is economically achievable; and
            ``(2) operationally practical.

    ``(b) Using the standards established under subsection (a), the 
Secretary may also certify lifesaving equipment that is not required to 
be carried on vessels subject to part B of this title to ensure that 
such equipment is suitable for its intended purpose.
    ``(c) At <<NOTE: Deadline. Review.>> least once every 10 years the 
Secretary shall review and revise the standards established under 
subsection (a) to ensure that the standards meet the requirements of 
this section.''.

    (b) Clerical <<NOTE: 46 USC 2101.>> Amendment.--The table of 
sections at the beginning of such chapter is further amended by adding 
at the end the following:

``2117. Termination for unsafe operation.
``2118. Establishment of equipment standards.''.

SEC. 609. APPROVAL OF SURVIVAL CRAFT.

    (a) In General.--Chapter 31 of title 46, United States Code, is 
amended by adding at the end the following new section:
``Sec. 3104. Survival craft

    ``(a) Except as provided in subsection (b), the Secretary may not 
approve a survival craft as a safety device for purposes of this part, 
unless the craft ensures that no part of an individual is immersed in 
water.
    ``(b) The Secretary may authorize a survival craft that does not 
provide protection described in subsection (a) to remain in service 
until not later than January 1, 2015, if--
            ``(1) it was approved by the Secretary before January 1, 
        2010; and
            ``(2) it is in serviceable condition.''.

    (b) Clerical <<NOTE: 46 USC 3101.>> Amendment.--The table of 
sections at the beginning of such chapter is amended by adding at the 
end the following:

``3104. Survival craft.''.

[[Page 124 STAT. 2969]]

SEC. 610. SAFETY MANAGEMENT.

    (a) Vessels to Which Requirements Apply.--Section 3202 of title 46, 
United States Code, is amended--
            (1) in subsection (a) by striking the heading and inserting 
        ``Foreign Voyages and Foreign Vessels.--'';
            (2) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively;
            (3) by inserting after subsection (a) the following:

    ``(b) Other Passenger Vessels.--This chapter applies to a vessel 
that is--
            ``(1) a passenger vessel or small passenger vessel; and
            ``(2) is transporting more passengers than a number 
        prescribed by the Secretary based on the number of individuals 
        on the vessel that could be killed or injured in a marine 
        casualty.'';
            (4) in subsection (d), as so redesignated, by striking 
        ``subsection (b)'' and inserting ``subsection (c)''; and
            (5) in subsection (d)(4), as so redesignated, by inserting 
        ``that is not described in subsection (b) of this section'' 
        after ``waters''.

    (b) Safety Management System.--Section 3203 of title 46, United 
States Code, is amended by adding at the end the following new 
subsection:
    ``(c) In <<NOTE: Regulations.>> prescribing regulations for 
passenger vessels and small passenger vessels, the Secretary shall 
consider--
            ``(1) the characteristics, methods of operation, and nature 
        of the service of these vessels; and
            ``(2) with respect to vessels that are ferries, the sizes of 
        the ferry systems within which the vessels operate.''.
SEC. 611. PROTECTION AGAINST DISCRIMINATION.

    (a) In General.--Section 2114 of title 46, United States Code, is 
amended--
            (1) in subsection (a)(1)(A), by striking ``or'' after the 
        semicolon;
            (2) in subsection (a)(1)(B), by striking the period at the 
        end and inserting a semicolon;
            (3) by adding at the end of subsection (a)(1) the following 
        new subparagraphs:
            ``(C) the seaman testified in a proceeding brought to 
        enforce a maritime safety law or regulation prescribed under 
        that law;
            ``(D) the <<NOTE: Notification.>> seaman notified, or 
        attempted to notify, the vessel owner or the Secretary of a 
        work-related personal injury or work-related illness of a 
        seaman;
            ``(E) the seaman cooperated with a safety investigation by 
        the Secretary or the National Transportation Safety Board;
            ``(F) the seaman furnished information to the Secretary, the 
        National Transportation Safety Board, or any other public 
        official as to the facts relating to any marine casualty 
        resulting in injury or death to an individual or damage to 
        property occurring in connection with vessel transportation; or
            ``(G) the seaman accurately reported hours of duty under 
        this part.''; and
            (4) by amending subsection (b) to read as follows:

    ``(b) A seaman alleging discharge or discrimination in violation of 
subsection (a) of this section, or another person at the seaman's 
request, may file a complaint with respect to such allegation in

[[Page 124 STAT. 2970]]

the same manner as a complaint may be filed under subsection (b) of 
section 31105 of title 49. Such complaint shall be subject to the 
procedures, requirements, and rights described in that section, 
including with respect to the right to file an objection, the right of a 
person to file for a petition for review under subsection (c) of that 
section, and the requirement to bring a civil action under subsection 
(d) of that section.''.
    (b) Existing <<NOTE: 46 USC 2114 note.>> Actions.--This section 
shall not affect the application of section 2114(b) of title 46, United 
States Code, as in effect before the date of enactment of this Act, to 
an action filed under that section before that date.
SEC. 612. OIL FUEL TANK PROTECTION.

    Section 3306 of title 46, United States Code, is amended by adding 
at the end the following new subsection:
    ``(k)(1) Each <<NOTE: Compliance.>> vessel of the United States that 
is constructed under a contract entered into after the date of enactment 
of the Maritime Safety Act of 2010, or that is delivered after January 
1, 2011, with an aggregate capacity of 600 cubic meters or more of oil 
fuel, shall comply with the requirements of Regulation 12A under Annex I 
to the Protocol of 1978 relating to the International Convention for the 
Prevention of Pollution from Ships, 1973, entitled `Oil Fuel Tank 
Protection'.

    ``(2) The Secretary may prescribe regulations to apply the 
requirements described in Regulation 12A to vessels described in 
paragraph (1) that are not otherwise subject to that convention. Any 
such regulation shall be considered to be an interpretive rule for the 
purposes of section 553 of title 5.
    ``(3) In <<NOTE: Definition.>> this subsection the term `oil fuel' 
means any oil used as fuel in connection with the propulsion and 
auxiliary machinery of the vessel in which such oil is carried.''.
SEC. 613. OATHS.

    Section 7105 of title 46, United States Code, is amended by striking 
``before a designated official''.
SEC. 614. DURATION OF LICENSES, CERTIFICATES OF REGISTRY, AND 
                        MERCHANT MARINERS' DOCUMENTS.

    (a) Merchant Mariner's Documents.--Section 7302(f) of title 46, 
United States Code, is amended to read as follows:
    ``(f) Periods of Validity and Renewal of Merchant Mariners' 
Documents.--
            ``(1) In general.--Except as provided in subsection (g), a 
        merchant mariner's document issued under this chapter is valid 
        for a 5-year period and may be renewed for additional 5-year 
        periods.
            ``(2) Advance renewals.--A renewed merchant mariner's 
        document may be issued under this chapter up to 8 months in 
        advance but is not effective until the date that the previously 
        issued merchant mariner's document expires or until the 
        completion of any active suspension or revocation of that 
        previously issued merchant mariner's document, whichever is 
        later.''.

    (b) Duration of Licenses.--Section 7106 of such title is amended to 
read as follows:

[[Page 124 STAT. 2971]]

``Sec. 7106. Duration of licenses

    ``(a) In General.--A license issued under this part is valid for a 
5-year period and may be renewed for additional 5-year periods; except 
that the validity of a license issued to a radio officer is conditioned 
on the continuous possession by the holder of a first-class or second-
class radiotelegraph operator license issued by the Federal 
Communications Commission.
    ``(b) Advance Renewals.--A renewed license issued under this part 
may be issued up to 8 months in advance but is not effective until the 
date that the previously issued license expires or until the completion 
of any active suspension or revocation of that previously issued 
merchant mariner's document, whichever is later.''.
    (c) Certificates of Registry.--Section 7107 of such title is amended 
to read as follows:
``Sec. 7107. Duration of certificates of registry

    ``(a) In General.--A certificate of registry issued under this part 
is valid for a 5-year period and may be renewed for additional 5-year 
periods; except that the validity of a certificate issued to a medical 
doctor or professional nurse is conditioned on the continuous possession 
by the holder of a license as a medical doctor or registered nurse, 
respectively, issued by a State.
    ``(b) Advance Renewals.--A renewed certificate of registry issued 
under this part may be issued up to 8 months in advance but is not 
effective until the date that the previously issued certificate of 
registry expires or until the completion of any active suspension or 
revocation of that previously issued merchant mariner's document, 
whichever is later.''.
SEC. 615. AUTHORIZATION TO EXTEND THE DURATION OF LICENSES, 
                        CERTIFICATES OF REGISTRY, AND MERCHANT 
                        MARINERS' DOCUMENTS.

    (a) Merchant Mariner Licenses and Documents.--Chapter 75 of title 
46, United States Code, is amended by adding at the end the following:
``Sec. 7507. Authority to extend the duration of licenses, 
                  certificates of registry, and merchant mariner 
                  documents

    ``(a) Licenses and Certificates of Registry.--Notwithstanding 
sections 7106 and 7107, the Secretary of the department in which the 
Coast Guard is operating may--
            ``(1) extend for not more than one year an expiring license 
        or certificate of registry issued for an individual under 
        chapter 73 if the Secretary determines that the extension is 
        required to enable the Coast Guard to eliminate a backlog in 
        processing applications for those licenses or certificates of 
        registry or in response to a national emergency or natural 
        disaster, as deemed necessary by the Secretary; or
            ``(2) issue for not more than five years an expiring license 
        or certificate of registry issued for an individual under 
        chapter 73 for the exclusive purpose of aligning the expiration 
        date of such license or certificate of registry with the 
        expiration date of a merchant mariner's document.

    ``(b) Merchant Mariner Documents.--Notwithstanding section 7302(g), 
the Secretary may--
            ``(1) extend for not more than one year an expiring merchant 
        mariner's document issued for an individual under

[[Page 124 STAT. 2972]]

        chapter 73 if the Secretary determines that the extension is 
        required to enable the Coast Guard to eliminate a backlog in 
        processing applications for those licenses or certificates of 
        registry or in response to a national emergency or natural 
        disaster, as deemed necessary by the Secretary; or
            ``(2) issue for not more than five years an expiring 
        merchant mariner's document issued for an individual under 
        chapter 73 for the exclusive purpose of aligning the expiration 
        date of such merchant mariner's document with the expiration 
        date of a merchant mariner's document.

    ``(c) Manner of Extension.--Any extensions granted under this 
section may be granted to individual seamen or a specifically identified 
group of seamen.''.
    (b) Clerical <<NOTE: 46 USC 7501.>> Amendment.--The analysis for 
such chapter is amended by adding at the end the following:

``7507. Authority to extend the duration of licenses, certificates of 
           registry, and merchant mariner documents.''.

SEC. 616. MERCHANT MARINER ASSISTANCE REPORT.

    Not later than 180 days after the date of enactment of this Act, the 
Commandant of the Coast Guard shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report regarding the feasibility of--
            (1) expanding the streamlined evaluation process program 
        that was affiliated with the Houston Regional Examination Center 
        of the Coast Guard to all processing centers of the Coast Guard 
        nationwide;
            (2) including proposals to simplify the application process 
        for a license as an officer, staff officer, or operator and for 
        a merchant mariner's document to help eliminate errors by 
        merchant mariners when completing the application form (CG-
        719B), including instructions attached to the application form 
        and a modified application form for renewals with questions 
        pertaining only to the period of time since the previous 
        application;
            (3) providing notice to an applicant of the status of the 
        pending application, including a process to allow the applicant 
        to check on the status of the application by electronic means; 
        and
            (4) ensuring that all information collected with respect to 
        applications for new or renewed licenses, merchant mariner 
        documents, and certificates of registry is retained in a secure 
        electronic format.
SEC. 617. OFFSHORE SUPPLY VESSELS.

    (a) Removal of Tonnage Limits.--
            (1) Definition.--
                    (A) In general.--Section 2101(19) of title 46, 
                United States Code, is amended by striking ``of more 
                than 15 gross tons but less than 500 gross tons as 
                measured under section 14502 of this title, or an 
                alternate tonnage measured under section 14302 of this 
                title as prescribed by the Secretary under section 14104 
                of this title''.
                    (B) Exemption.--Section 5209(b)(1) of the Oceans Act 
                of 1992 (Public Law 102-587; 46 U.S.C. 2101 note) is

[[Page 124 STAT. 2973]]

                amended by striking ``vessel.'' and inserting ``vessel 
                of less than 500 gross tons as measured under section 
                14502, or an alternate tonnage measured under section 
                14302 of such title as prescribed by the Secretary under 
                section 14104 of such title.''.
            (2) Application.--Section 3702(b) of title 46, United States 
        Code, is amended by striking paragraph (1) and redesignating 
        paragraphs (2) and (3) as paragraphs (1) and (2), respectively.

    (b) Scale of Employment: Able Seamen.--Section 7312(d) of title 46, 
United States Code, is amended to read as follows:
    ``(d) Individuals qualified as able seamen--offshore. supply vessel 
under section 7310 of this title may constitute all of the able seamen 
required on board a vessel of less than 500 gross tons as measured under 
section 14502 of this title or 6,000 gross tons as measured under 
section 14302 of this title engaged in support of exploration, 
exploitation, or production of offshore mineral or energy resources. 
Individuals qualified as able seamen--limited under section 7308 of this 
title may constitute all of the able seamen required on board a vessel 
of at least 500 gross tons as measured under section 14502 of this title 
or 6,000 gross tons as measured under section as measured under section 
14302 of this title as prescribed by the Secretary under section 14104 
of this title engaged in support of exploration, exploitation, or 
production of offshore mineral or energy resources.''.
    (c) Minimum Number of Licensed Individuals.--Section 8301(b) of 
title 46, United States Code, is amended to read as follows:
    ``(b)(1) An offshore supply vessel of less than 500 gross tons as 
measured under section 14502 of this title or 6,000 gross tons as 
measured under section 14302 of this title on a voyage of less than 600 
miles shall have a licensed mate. If the vessel is on a voyage of at 
least 600 miles, however, the vessel shall have 2 licensed mates.
    ``(2) An offshore supply vessel of at least 6,000 gross tons as 
measured under section 14302 of this title on a voyage of less than 600 
miles shall have at least two licensed mates, provided the offshore 
supply vessel meets the requirements of section 8104(g)(2). An offshore 
supply vessel of at least 6,000 gross tons as measured under section 
14302 of this title on a voyage of at least 600 miles shall have three 
licensed mates.
    ``(3) An offshore supply vessel of more than 200 gross tons as 
measured under section 14502 of this title, or an alternate tonnage 
measured under section 14302 of this title as prescribed by the 
Secretary under section 14104 of this title, may not be operated without 
a licensed engineer.''.
    (d) Watches.--Section 8104(g) of title 46, United States Code, is 
amended--
            (1) by inserting ``(1)'' after ``(g)''; and
            (2) by adding at the end the following:

    ``(2) <<NOTE: Applicability.>> Paragraph (1) applies to an offshore 
supply vessel of at least 6,000 gross tons as measured under section 
14302 of this title if the individuals engaged on the vessel are in 
compliance with hours of service requirements (including recording and 
recordkeeping of that service) as prescribed by the Secretary.''.

    (e) Oil <<NOTE: 46 USC 3703 note.>> Fuel Tank Protection.--
            (1) Application.--An <<NOTE: Compliance.>> offshore supply 
        vessel of at least 6,000 gross tons as measured under section 
        14302 of title

[[Page 124 STAT. 2974]]

        46, United States Code, that is constructed under a contract 
        entered into after the date of enactment of this Act, or that is 
        delivered after August 1, 2010, with an aggregate capacity of 
        600 cubic meters or more of oil fuel, shall comply with the 
        requirements of Regulation 12A under Annex I to the Protocol of 
        1978 relating to the International Convention for the Prevention 
        of Pollution from Ships, 1973, entitled Oil Fuel Tank 
        Protection, regardless of whether such vessel is engaged in the 
        coastwise trade or on an international voyage.
            (2) Definition.--In this subsection the term ``oil fuel'' 
        means any oil used as fuel in connection with the propulsion and 
        auxiliary machinery of the vessel in which such oil is carried.

    (f) <<NOTE: 46 USC 3703 note.>>  Regulations.--
            (1) In general.--Not <<NOTE: Deadline.>> later than January 
        1, 2012, the Secretary of the department in which the Coast 
        Guard is operating shall promulgate regulations to implement the 
        amendments and authorities enacted by this section for offshore 
        supply vessels of at least 6,000 gross tons as measured under 
        section 14302 of title 46, United States Code, and to ensure the 
        safe carriage of oil, hazardous substances, and individuals in 
        addition to the crew on such vessels. The final rule issued 
        pursuant to such rulemaking may supersede the interim final rule 
        promulgated under paragraph (2) of this subsection. In 
        promulgating regulations under this subsection, the Secretary 
        shall take into consideration the characteristics of offshore 
        supply vessels, their methods of operation, and their service in 
        support of exploration, exploitation, or production of offshore 
        mineral or energy resources.
            (2) Interim final rule authority.--As soon as is practicable 
        and without regard to the provisions of chapters 5 and 6 of 
        title 5, United States Code, the Secretary shall issue an 
        interim final rule as a temporary regulation implementing this 
        section (including the amendments made by this section) for 
        offshore supply vessels of at least 6,000 gross tons as measured 
        under section 14302 of title 46, United States Code, and to 
        ensure the safe carriage of oil, hazardous substances, and 
        individuals in addition to the crew on such vessels.
            (3) Interim period.--After the effective date of this Act, 
        prior to the effective date of the regulations prescribed by 
        paragraph (2) of this subsection, and without regard to the 
        provisions of chapters 5 and 6 of title 5, United States Code, 
        and the offshore supply vessel tonnage limits of applicable 
        regulations and policy guidance promulgated prior to the date of 
        enactment of this Act, the Secretary of the department in which 
        the Coast Guard is operating may--
                    (A) issue a certificate of inspection under section 
                3309 of title 46, United States Code, to an offshore 
                supply vessel of at least 6,000 gross tons as measured 
                under section 14302 of that title if the Secretary 
                determines that such vessel's arrangements and equipment 
                meet the current Coast Guard requirements for 
                certification as a cargo and miscellaneous vessel;
                    (B) authorize a master, mate, or engineer who 
                possesses an ocean or near coastal license and 
                endorsement under part 11 of subchapter B of title 46, 
                Code of Federal Regulations, (or any successor 
                regulation) that qualifies

[[Page 124 STAT. 2975]]

                the licensed officer for service on offshore supply 
                vessels of at least 3,000 gross tons but less than 6,000 
                gross tons, as measured under section 14302 of title 46, 
                United States Code, to operate offshore supply vessels 
                of at least 6,000 gross tons, as measured under such 
                section; and
                    (C) authorize any such master, mate, or engineer who 
                also possesses an ocean or near coastal license and 
                endorsement under such part that qualifies the licensed 
                officer for service on non trade-restricted vessels of 
                at least 1,600 gross tons but less than 3,000 gross 
                tons, as measured under such section, to increase the 
                tonnage limitation of such license and endorsement under 
                section 402(c) of such part, using service on vessels 
                certificated under both subchapters I and L of such 
                title and measured only under such section, except that 
                such tonnage limitation shall not exceed 10,000 gross 
                tons as measured under such section.
SEC. 618. ASSOCIATED EQUIPMENT.

    Section 2101(1)(B) of title 46, United States Code, is amended by 
inserting ``with the exception of emergency locator beacons for 
recreational vessels operating beyond 3 nautical miles from the 
baselines from which the territorial sea of the United States is 
measured or beyond 3 nautical miles from the coastline of the Great 
Lake,'' before ``does''.
SEC. 619. LIFESAVING DEVICES ON UNINSPECTED VESSELS.

    Section 4102(b) of title 46, United States Code, is amended to read 
as follows:
    ``(b) The <<NOTE: Regulations.>> Secretary shall prescribe 
regulations requiring the installation, maintenance, and use of life 
preservers and other lifesaving devices for individuals on board 
uninspected vessels.''.
SEC. 620. <<NOTE: Deadlines.>> STUDY OF BLENDED FUELS IN MARINE 
                        APPLICATION.

    (a) Survey.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Homeland Security, 
        acting through the Commandant of the Coast Guard, shall submit a 
        survey of published data and reports, pertaining to the use, 
        safety, and performance of blended fuels in marine applications, 
        to the Committee on Transportation and Infrastructure of the 
        House of Representatives and the Committees on Commerce, 
        Science, and Transportation of the Senate.
            (2) Included information.--To the extent possible, the 
        survey required in subsection (a), shall include data and 
        reports on--
                    (A) the impact of blended fuel on the operation, 
                durability, and performance of recreational and 
                commercial marine engines, vessels, and marine engine 
                and vessel components and associated equipment;
                    (B) the safety impacts of blended fuels on consumers 
                that own and operate recreational and commercial marine 
                engines and marine engine components and associated 
                equipment; and
                    (C) to the extent available, fires and explosions on 
                board vessels propelled by engines using blended fuels.

    (b) Study.--

[[Page 124 STAT. 2976]]

            (1) In general.--Not later than 36 months after the date of 
        enactment of this Act, the Secretary, acting through the 
        Commandant, shall conduct a comprehensive study on the use, 
        safety, and performance of blended fuels in marine applications. 
        The Secretary is authorized to conduct such study in conjunction 
        with--
                    (A) any other Federal agency;
                    (B) any State government or agency;
                    (C) any local government or agency, including local 
                police and fire departments; and
                    (D) any private entity, including engine and vessel 
                manufacturers.
            (2) Evaluation.--The study shall include an evaluation of--
                    (A) the impact of blended fuel on the operation, 
                durability and performance of recreational and 
                commercial marine engines, vessels, and marine engine 
                and vessel components and associated equipment;
                    (B) the safety impacts of blended fuels on consumers 
                that own and operate recreational and commercial marine 
                engines and marine engine components and associated 
                equipment; and
                    (C) fires and explosions on board vessels propelled 
                by engines using blended fuels.

    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Homeland Security to carry out the 
survey and study under this section $1,000,000.
SEC. 621. RENEWAL OF ADVISORY COMMITTEES.

    (a) Great Lakes Pilotage Advisory Committee.--Section 9307(f)(1) of 
title 46, United States Code, is amended by striking ``September 30, 
2010.'' and inserting ``September 30, 2020.''.
    (b) National Boating Safety Advisory Council.--Section 13110 of 
title 46, United States Code, is amended--
            (1) in subsection (d), by striking the first sentence; and
            (2) in subsection (e), by striking ``September 30, 2010.'' 
        and inserting ``September 30, 2020.''.

    (c) Houston-Galveston Navigation Safety Advisory Committee.--Section 
18(h) of the Coast Guard Authorization Act of 1991 (Public Law 102-241 
as amended by Public Law 104-324) is amended by <<NOTE: 105 Stat. 
2213.>> striking ``September 30, 2010.'' and inserting ``September 30, 
2020.''.

    (d) Lower Mississippi River Waterway Safety Advisory Committee.--
Section 19 of the Coast Guard Authorization Act of 1991 (Public Law 102-
241) <<NOTE: 105 Stat. 2215.>>  is amended--
            (1) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``twenty-four'' and inserting ``twenty-five''; 
                and
                    (B) by adding at the end the following new 
                paragraph:
            ``(12) One member representing the Associated Federal Pilots 
        and Docking Masters of Louisiana.''; and
            (2) in subsection (g), by striking ``September 30, 2010.'' 
        and inserting ``September 30, 2020.''.

    (e) Towing Safety Advisory Committee.--The Act entitled ``An Act To 
establish a Towing Safety Advisory Committee in the Department of 
Transportation'', approved October 6, 1980, (33 U.S.C. 1231a) is 
amended--

[[Page 124 STAT. 2977]]

            (1) by striking subsection (a) and inserting the following:

    ``(a) <<NOTE: Establishment.>> There is established a Towing Safety 
Advisory Committee (hereinafter referred to as the `Committee'). The 
Committee shall consist of eighteen members with particular expertise, 
knowledge, and experience regarding shallow-draft inland and coastal 
waterway navigation and towing safety as follows:
            ``(1) Seven members representing the barge and towing 
        industry, reflecting a regional geographic balance.
            ``(2) One member representing the offshore mineral and oil 
        supply vessel industry.
            ``(3) One member representing holders of active licensed 
        Masters or Pilots of towing vessels with experience on the 
        Western Rivers and the Gulf Intracoastal Waterway.
            ``(4) One member representing the holders of active licensed 
        Masters of towing vessels in offshore service.
            ``(5) One member representing Masters who are active ship-
        docking or harbor towing vessel.
            ``(6) One member representing licensed or unlicensed towing 
        vessel engineers with formal training and experience.
            ``(7) Two members representing each of the following groups:
                    ``(A) Port districts, authorities, or terminal 
                operators.
                    ``(B) Shippers (of whom at least one shall be 
                engaged in the shipment of oil or hazardous materials by 
                barge).
            ``(8) Two members representing the general public.''; and
            (2) in subsection (e), by striking ``September 30, 2010.'' 
        and inserting ``September 30, 2020.''.

    (f) Navigation Safety Advisory Council.--Section 5 of the Inland 
Navigational Rules Act of 1980 (33 U.S.C. 2073) is amended--
            (1) by striking subsections (a) and (b) and inserting the 
        following:

    ``(a) Establishment of Council.--
            ``(1) In general.--The Secretary of the department in which 
        the Coast Guard is operating shall establish a Navigation Safety 
        Advisory Council (hereinafter referred to as the `Council'), 
        consisting of not more than 21 <<NOTE: Designation.>> members. 
        All members shall have expertise in Inland and International 
        vessel navigation Rules of the Road, aids to maritime 
        navigation, maritime law, vessel safety, port safety, or 
        commercial diving safety. Upon appointment, all non-Federal 
        members shall be designated as representative members to 
        represent the viewpoints and interests of one of the following 
        groups or organizations:
                    ``(A) Commercial vessel owners or operators.
                    ``(B) Professional mariners.
                    ``(C) Recreational boaters.
                    ``(D) The recreational boating industry.
                    ``(E) State agencies responsible for vessel or port 
                safety.
                    ``(F) The Maritime Law Association.
            ``(2) Panels.--Additional persons may be appointed to panels 
        of the Council to assist the Council in performance of its 
        functions.
            ``(3) Nominations.--The <<NOTE: Deadline. Federal Register, 
        publication. Notice.>> Secretary, through the Coast Guard 
        Commandant, shall not less often than once a year publish a 
        notice in the Federal Register soliciting nominations for 
        membership on the Council.

[[Page 124 STAT. 2978]]

    ``(b) Functions.--The <<NOTE: Consultation. Recommenda- 
tions.>> Council shall advise, consult with, and make recommendations to 
the Secretary, through the Coast Guard Commandant, on matters relating 
to maritime collisions, rammings, groundings, Inland Rules of the Road, 
International Rules of the Road, navigation regulations and equipment, 
routing measures, marine information, diving safety, and aids to 
navigation systems. Any advice and recommendations made by the Council 
to the Secretary shall reflect the independent judgment of the Council 
on the matter concerned. <<NOTE: Deadlines.>> The Council shall meet at 
the call of the Coast Guard Commandant, but in any event not less than 
twice during each calendar year. All <<NOTE: Records. Public 
information.>>  proceedings of the Council shall be public, and a record 
of the proceedings shall be made available for public inspection.''; and
            (2) in subsection (d), by striking ``September 30, 2010.'' 
        and inserting ``September 30, 2020.''.

    (g) Delaware River and Bay Oil Spill Advisory Committee.--
            (1) In general.--Section 607 of the Coast Guard and Maritime 
        Transportation Act of 2006 (Public Law 109-241; 120 Stat. 556) 
        is amended--
                    (A) in subsection (c)(2), by striking ``Not later 
                than 18 months after the date that the Commandant 
                completes appointment of the members of the Committee,'' 
                and inserting ``Not later than December 31, 2010,'';
                    (B) in subsection (h), by striking ``2007'' and 
                inserting ``2011''; and
                    (C) by striking subsection (i) and inserting the 
                following:

    ``(i) Termination.--The <<NOTE: Deadlines.>> Committee shall 
terminate 30 days after it transmits its report, pursuant to subsection 
(c)(2), but no later than December 31, 2010, whichever is earlier.''.
            (2) Effective date.--The amendments made by this subsection 
        are deemed to have taken effect as if they were enacted on July 
        11, 2006.
            (3) Charter.--Any charter pertaining to the Delaware River 
        and Bay Oil Spill Advisory Committee is deemed not to have 
        lapsed, and to have remained in effect, and, notwithstanding any 
        other provision of law or policy, shall terminate 30 days after 
        the date the Committee transmits its report, pursuant to section 
        607(c)(2) of the Coast Guard and Maritime Transportation Act of 
        2006 (Public Law 109-241; 120 Stat. 557), but not later than 
        December 31, 2010, whichever is earlier.
            (4) Appointments to committee.--Any appointment to the 
        Delaware River and Bay Oil Spill Advisory Committee is deemed 
        not to have lapsed, and to have remained in effect, and, 
        notwithstanding any other provision of law or policy, shall 
        terminate 30 days after the Committee transmits its report, 
        pursuant to section 607(c)(2) of the Coast Guard and Maritime 
        Transportation Act of 2006 (Public Law 109-241; 120 Stat. 557), 
        but not later than December 31, 2010, whichever is earlier.
SEC. 622. DELEGATION OF AUTHORITY.

    (a) In General.--Section 3316 of title 46, United States Code, is 
amended by adding at the end the following new subsection:

[[Page 124 STAT. 2979]]

    ``(d)(1) The Secretary may delegate to the American Bureau of 
Shipping or another classification society recognized by the Secretary 
as meeting acceptable standards for such a society, for a United States 
offshore facility, the authority to--
            ``(A) review and approve plans required for issuing a 
        certificate of inspection, a certificate of compliance, or any 
        other certification and related documents issued by the Coast 
        Guard pursuant to regulations issued under section 30 of the 
        Outer Continental Shelf Lands Act (43 U.S.C. 1356); and
            ``(B) conduct inspections and examinations.

    ``(2) The Secretary may make a delegation under paragraph (1) to a 
foreign classification society only if--
            ``(A) the foreign society has offices and maintains records 
        in the United States; and
            ``(B)(i) the government of the foreign country in which the 
        foreign society is headquartered delegates that authority to the 
        American Bureau of Shipping; or
            ``(ii) <<NOTE: Contracts.>> the Secretary has entered into 
        an agreement with the government of the foreign country in which 
        the foreign society is headquartered that--
                    ``(I) ensures the government of the foreign country 
                will accept plan review, inspections, or examinations 
                conducted by the American Bureau of Shipping and provide 
                equivalent access to inspect, certify, and provide 
                related services to offshore facilities located in that 
                country or operating under the authority of that 
                country; and
                    ``(II) is in full accord with principles of 
                reciprocity in regards to any delegation contemplated by 
                the Secretary under paragraph (1).

    ``(3) If an inspection or examination is conducted under authority 
delegated under this subsection, the person to which the authority was 
delegated--
            ``(A) <<NOTE: Records.>> shall maintain in the United States 
        complete files of all information derived from or necessarily 
        connected with the inspection or examination for at least 2 
        years after the United States offshore facility ceases to be 
        certified; and
            ``(B) shall permit access to those files at all reasonable 
        times to any officer, employee, or member of the Coast Guard 
        designated--
                    ``(i) as a marine inspector and serving in a 
                position as a marine inspector; or
                    ``(ii) in writing by the Secretary to have access to 
                those files.

    ``(4) <<NOTE: Definitions.>> For purposes of this subsection--
            ``(A) the term `offshore facility' means any installation, 
        structure, or other device (including any vessel not documented 
        under chapter 121 of this title or the laws of another country), 
        fixed or floating, that dynamically holds position or is 
        temporarily or permanently attached to the seabed or subsoil 
        under the sea; and
            ``(B) the term `United States offshore facility' means any 
        offshore facility, fixed or floating, that dynamically holds 
        position or is temporarily or permanently attached to the seabed 
        or subsoil under the territorial sea of the United States or the 
        outer Continental Shelf (as that term is defined in section 2 of 
        the Outer Continental Shelf Lands Act (43 U.S.C. 1331)), 
        including any vessel, rig, platform, or other vehicle or 
        structure

[[Page 124 STAT. 2980]]

        subject to regulation under section 30 of the Outer Continental 
        Shelf Lands Act (43 U.S.C. 1356).''.

    (b) Review and Approval of Classification Society Required.--Section 
3316(c) of title 46, United States Code, is amended by striking so much 
as precedes paragraph (2) and inserting the following:
    ``(c)(1) A classification society (including an employee or agent of 
that society) may not review, examine, survey, or certify the 
construction, repair, or alteration of a vessel in the United States 
unless the society has applied for approval under this subsection and 
the Secretary has reviewed and approved that society with respect to the 
conduct of that society under paragraph (2).''.

                   TITLE VII--OIL POLLUTION PREVENTION

SEC. 701. <<NOTE: Deadlines.>> RULEMAKINGS.

    (a) Status <<NOTE: 33 USC 1321 note.>> Report.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary of the department in which 
        the Coast Guard is operating shall provide a report to the 
        Senate Committee on Commerce, Science, and Transportation and 
        the House of Representatives Committee on Transportation and 
        Infrastructure on the status of all Coast Guard rulemakings 
        required or otherwise being developed (but for which no final 
        rule has been issued as of the date of enactment of this Act) 
        under section 311 of the Federal Water Pollution Control Act (33 
        U.S.C. 1321).
            (2) Information required.--The Secretary shall include in 
        the report required in paragraph (1)--
                    (A) a detailed explanation with respect to each such 
                rulemaking as to--
                          (i) what steps have been completed;
                          (ii) what areas remain to be addressed; and
                          (iii) the cause of any delays; and
                    (B) the date by which a final rule may reasonably be 
                expected to be issued.

    (b) Final <<NOTE: 33 USC 1321 note.>> Rules.--The Secretary shall 
issue a final rule in each pending rulemaking described in subsection 
(a) as soon as practicable, but in no event later than 18 months after 
the date of enactment of this Act.

    (c) Towing <<NOTE: 46 USC 3306 note.>> Vessels.--No later than 90 
days after the date of enactment of this Act, the Secretary shall issue 
a notice of proposed rulemaking regarding inspection requirements for 
towing vessels required under section 3306(j) of title 46, United States 
Code. The Secretary shall issue a final rule pursuant to that rulemaking 
no later than 1 year after the date of enactment of this Act.
SEC. 702. <<NOTE: 46 USC 3703 note.>> OIL TRANSFERS FROM VESSELS.

    (a) Regulations.--Within <<NOTE: Deadline.>>  1 year after the date 
of enactment of this Act, the Secretary shall promulgate regulations to 
reduce the risks of oil spills in operations involving the transfer of 
oil from or to a tank vessel. The regulations--

[[Page 124 STAT. 2981]]

            (1) shall focus on operations that have the highest risks of 
        discharge, including operations at night and in inclement 
        weather;
            (2) shall consider--
                    (A) requirements for the use of equipment, such as 
                putting booms in place for transfers, safety, and 
                environmental impacts;
                    (B) operational procedures such as manning 
                standards, communications protocols, and restrictions on 
                operations in high-risk areas; or
                    (C) both such requirements and operational 
                procedures; and
            (3) shall take into account the safety of personnel and 
        effectiveness of available procedures and equipment for 
        preventing or mitigating transfer spills.

    (b) Application With State Laws.--The regulations promulgated under 
subsection (a) do not preclude the enforcement of any State law or 
regulation the requirements of which are at least as stringent as 
requirements under the regulations (as determined by the Secretary) 
that--
            (1) applies in State waters; and
            (2) does not conflict with, or interfere with the 
        enforcement of, requirements and operational procedures under 
        the regulations.
SEC. 703. <<NOTE: 46 USC 3703 note.>> IMPROVEMENTS TO REDUCE HUMAN 
                        ERROR AND NEAR MISS INCIDENTS.

    (a) Report.--Within 1 year after the date of enactment of this Act, 
the Secretary shall transmit a report to the Senate Committee on 
Commerce, Science, and Transportation and the House Committee on 
Transportation and Infrastructure that, using available data--
            (1) identifies the types of human errors that, combined, 
        could cause oil spills, with particular attention to human error 
        caused by fatigue, in the past 10 years;
            (2) in consultation with representatives of industry and 
        labor and experts in the fields of marine casualties and human 
        factors, identifies the most frequent types of near-miss oil 
        spill incidents involving vessels such as collisions, allisions, 
        groundings, and loss of propulsion in the past 10 years;
            (3) describes the extent to which there are gaps in the data 
        required under paragraphs (1) and (2), including gaps in the 
        ability to define and identify fatigue, and explains the reason 
        for those gaps; and
            (4) includes recommendations by the Secretary and 
        representatives of industry and labor and experts in the fields 
        of marine casualties and human factors to address the identified 
        types of errors and any such gaps in the data.

    (b) Measures.--Based on the findings contained in the report 
required by subsection (a), the Secretary shall take appropriate action 
to reduce the risk of oil spills caused by human error.
    (c) Confidentiality of Voluntarily Submitted Information.--The 
identity of a person making a voluntary disclosure under this section, 
and any information obtained from any such voluntary disclosure, shall 
be treated as confidential.
    (d) Discovery of Voluntarily Submitted Information.--

[[Page 124 STAT. 2982]]

            (1) In general.--Except as provided in this subsection, a 
        party in a judicial proceeding may not use discovery to obtain 
        information or data collected or received by the Secretary for 
        use in the report required in subsection (a).
            (2) Exception.--
                    (A) Notwithstanding paragraph (1), a court may allow 
                discovery by a party in a judicial proceeding of data 
                described in paragraph (1) if, after an in camera review 
                of the information or data, the court decides that there 
                is a compelling reason to allow the discovery.
                    (B) When a court allows discovery in a judicial 
                proceeding as permitted under this paragraph, the court 
                shall issue a protective order--
                          (i) to limit the use of the data to the 
                      judicial proceeding; and
                          (ii) to prohibit dissemination of the data to 
                      any person who does not need access to the data 
                      for the proceeding.
                    (C) A court may allow data it has decided is 
                discoverable under this paragraph to be admitted into 
                evidence in a judicial proceeding only if the court 
                places the data under seal to prevent the use of the 
                data for a purpose other than for the proceeding.
            (3) Application.--Paragraph (1) shall not apply to--
                    (A) any disclosure made with actual knowledge that 
                the disclosure was false, inaccurate, or misleading; or
                    (B) any disclosure made with reckless disregard as 
                to the truth or falsity of that disclosure.

    (e) Restriction on Use of Data.--Data that is voluntarily submitted 
for the purpose of the study required under subsection (a) shall not be 
used in an administrative action under chapter 77 of title 46, United 
States Code.
SEC. 704. OLYMPIC COAST NATIONAL MARINE SANCTUARY.

    The Secretary of the Department in which the Coast Guard is 
operating and the Under Secretary of Commerce for Oceans and Atmosphere 
shall revise the area to be avoided off the coast of the State of 
Washington so that restrictions apply to all vessels required to prepare 
a response plan pursuant to section 311(j) of the Federal Water 
Pollution Control Act (33 U.S.C. 1321(j)) (other than fishing or 
research vessels while engaged in fishing or research within the area to 
be avoided).
SEC. 705. <<NOTE: 33 USC 1321a.>> PREVENTION OF SMALL OIL SPILLS.

    (a) Prevention and Education Program.--The Under Secretary of 
Commerce for Oceans and Atmosphere, in consultation with the Secretary 
of the Department in which the Coast Guard is operating and other 
appropriate agencies, shall establish an oil spill prevention and 
education program for small vessels. The program shall provide for 
assessment, outreach, and training and voluntary compliance activities 
to prevent and improve the effective response to oil spills from vessels 
and facilities not required to prepare a vessel response plan under the 
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), including 
recreational vessels, commercial fishing vessels, marinas, and 
aquaculture facilities. The Under Secretary may provide grants to sea 
grant colleges and institutes designated under section 207 of the 
National Sea Grant

[[Page 124 STAT. 2983]]

College Program Act (33 U.S.C. 1126) and to State agencies, tribal 
governments, and other appropriate entities to carry out--
            (1) regional assessments to quantify the source, incidence 
        and volume of small oil spills, focusing initially on regions in 
        the country where, in the past 10 years, the incidence of such 
        spills is estimated to be the highest;
            (2) voluntary, incentive-based clean marina programs that 
        encourage marina operators, recreational boaters, and small 
        commercial vessel operators to engage in environmentally sound 
        operating and maintenance procedures and best management 
        practices to prevent or reduce pollution from oil spills and 
        other sources;
            (3) cooperative oil spill prevention education programs that 
        promote public understanding of the impacts of spilled oil and 
        provide useful information and techniques to minimize pollution, 
        including methods to remove oil and reduce oil contamination of 
        bilge water, prevent accidental spills during maintenance and 
        refueling and properly cleanup and dispose of oil and hazardous 
        substances; and
            (4) support for programs, including outreach and education 
        to address derelict vessels and the threat of such vessels 
        sinking and discharging oil and other hazardous substances, 
        including outreach and education to involve efforts to the 
        owners of such vessels.

    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Under Secretary of Commerce for Oceans and 
Atmosphere to carry out this section, $10,000,000 for each of fiscal 
years 2010 through 2014.
SEC. 706. <<NOTE: 33 USC 1321b.>> IMPROVED COORDINATION WITH 
                        TRIBAL GOVERNMENTS.

    (a) In <<NOTE: Deadline. Consultation policy.>> General.--Within 6 
months after the date of enactment of this Act, the Secretary of the 
Department in which the Coast Guard is operating shall complete the 
development of a tribal consultation policy, which recognizes and 
protects to the maximum extent practicable tribal treaty rights and 
trust assets in order to improve the Coast Guard's consultation and 
coordination with the tribal governments of federally recognized Indian 
tribes with respect to oil spill prevention, preparedness, response and 
natural resource damage assessment.

    (b) Inclusion of Tribal Government.--The Secretary of the Department 
in which the Coast Guard is operating shall ensure that, as soon as 
practicable after identifying an oil spill that is likely to have a 
significant impact on natural or cultural resources owned or directly 
utilized by a federally recognized Indian tribe, the Coast Guard will--
            (1) ensure that representatives of the tribal government of 
        the affected tribes are included as part of the incident command 
        system established by the Coast Guard to respond to the spill;
            (2) share information about the oil spill with the tribal 
        government of the affected tribe; and
            (3) to the extent practicable, involve tribal governments in 
        deciding how to respond to the spill.

    (c) Cooperative Arrangements.--The Coast Guard may enter into 
memoranda of agreement and associated protocols with Indian tribal 
governments in order to establish cooperative arrangements for oil 
pollution prevention, preparedness, and response. Such

[[Page 124 STAT. 2984]]

memoranda may be entered into prior to the development of the tribal 
consultation and coordination policy to provide Indian tribes grant and 
contract assistance. Such memoranda of agreement and associated 
protocols with Indian tribal governments may include--
            (1) arrangements for the assistance of the tribal government 
        to participate in the development of the National Contingency 
        Plan and local Area Contingency Plans to the extent they affect 
        tribal lands, cultural and natural resources;
            (2) arrangements for the assistance of the tribal government 
        to develop the capacity to implement the National Contingency 
        Plan and local Area Contingency Plans to the extent they affect 
        tribal lands, cultural and natural resources;
            (3) provisions on coordination in the event of a spill, 
        including agreements that representatives of the tribal 
        government will be included as part of the regional response 
        team co-chaired by the Coast Guard and the Environmental 
        Protection Agency to establish policies for responding to oil 
        spills;
            (4) arrangements for the Coast Guard to provide training of 
        tribal incident commanders and spill responders for oil spill 
        preparedness and response;
            (5) demonstration projects to assist tribal governments in 
        building the capacity to protect tribal treaty rights and trust 
        assets from oil spills; and
            (6) such additional measures the Coast Guard determines to 
        be necessary for oil pollution prevention, preparedness, and 
        response.

    (d) Funding for Tribal Participation.--Subject to the availability 
of appropriations, the Commandant of the Coast Guard shall provide 
assistance to participating tribal governments in order to facilitate 
the implementation of cooperative arrangements under subsection (c) and 
ensure the participation of tribal governments in such arrangements. 
There are authorized to be appropriated to the Commandant $500,000 for 
each of fiscal years 2010 through 2014 to be used to carry out this 
section.
SEC. 707. REPORT ON AVAILABILITY OF TECHNOLOGY TO DETECT THE LOSS 
                        OF OIL.

    Within 1 year after the date of enactment of this Act, the Secretary 
of the Department in which the Coast Guard is operating shall submit a 
report to the Senate Committee on Commerce, Science, and Transportation 
and the House of Representatives Committee on Transportation and 
Infrastructure on the availability, feasibility, and potential cost of 
technology to detect the loss of oil carried as cargo or as fuel on tank 
and non-tank vessels greater than 400 gross tons.
SEC. 708. USE OF OIL SPILL LIABILITY TRUST FUND.

    (a) In General.--Section 1012(a)(5) of the Oil Pollution Act of 1990 
(33 U.S.C. 2712(a)(5)) is amended--
            (1) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (C) and (D), respectively; and
            (2) by inserting after subparagraph (A) the following:
                    ``(B) not more than $15,000,000 in each fiscal year 
                shall be available to the Under Secretary of Commerce 
                for Oceans and Atmosphere for expenses incurred by, and 
                activities related to, response and damage assessment 
                capabilities of the National Oceanic and Atmospheric 
                Administration;''.

[[Page 124 STAT. 2985]]

    (b) Audits; Annual Reports.--Section 1012 of the Oil Pollution Act 
of 1990 (33 U.S.C. 2712) is amended--
            (1) by striking subsection (g) and inserting the following:

    ``(g) Audits.--
            ``(1) In general.--The Comptroller General of the United 
        States shall conduct an audit, including a detailed accounting 
        of each disbursement from the Fund in excess of $500,000 that 
        is--
                    ``(A) disbursed by the National Pollution Fund 
                Center and not reimbursed by the responsible party; and
                    ``(B) administered and managed by the receiving 
                Federal agencies, including final payments made to 
                agencies and contractors and, to the extent possible, 
                subcontractors.
            ``(2) Frequency.--The audits shall be conducted--
                    ``(A) at least once every 3 years after the date of 
                enactment of the Coast Guard Authorization Act of 2010 
                until 2016; and
                    ``(B) at least once every 5 years after the last 
                audit conducted under subparagraph (A).
            ``(3) Submission of results.--The Comptroller shall submit 
        the results of each audit conducted under paragraph (1) to--
                    ``(A) the Senate Committee on Commerce, Science, and 
                Transportation;
                    ``(B) the House of Representatives Committee on 
                Transportation and Infrastructure; and
                    ``(C) the Secretary or Administrator of each agency 
                referred to in paragraph (1)(B).''; and
            (2) by adding at the end thereof the following:

    ``(l) Reports.--
            ``(1) In general.--Within one year after the date of 
        enactment of the Coast Guard Authorization Act of 2010, and 
        annually thereafter, the President, through the Secretary of the 
        Department in which the Coast Guard is operating, shall--
                    ``(A) provide a report on disbursements for the 
                preceding fiscal year from the Fund, regardless of 
                whether those disbursements were subject to annual 
                appropriations, to--
                          ``(i) the Senate Committee on Commerce, 
                      Science, and Transportation; and
                          ``(ii) the House of Representatives Committee 
                      on Transportation and Infrastructure; and
                    ``(B) make the report available to the public on the 
                National Pollution Funds Center Internet website.
            ``(2) Contents.--The report shall include--
                    ``(A) a list of each disbursement of $250,000 or 
                more from the Fund during the preceding fiscal year; and
                    ``(B) a description of how each such use of the Fund 
                meets the requirements of subsection (a).
            ``(3) Agency recordkeeping.--Each Federal agency that 
        receives amounts from the Fund shall maintain records describing 
        the purposes for which such funds were obligated or expended in 
        such detail as the Secretary may require for purposes of the 
        report required under paragraph (1).''.

[[Page 124 STAT. 2986]]

SEC. 709. <<NOTE: 33 USC 1321c.>> INTERNATIONAL EFFORTS ON 
                        ENFORCEMENT.

    The Secretary of the department in which the Coast Guard is 
operating, in consultation with the heads of other appropriate Federal 
agencies, shall ensure that the Coast Guard pursues stronger enforcement 
in the International Maritime Organization of agreements related to oil 
discharges, including joint enforcement operations, training, and 
stronger compliance mechanisms.
SEC. 710. HIGHER <<NOTE: Deadlines.>> VOLUME PORT AREA REGULATORY 
                        DEFINITION CHANGE.

    (a) In General.--Within 1 year after the date of enactment of this 
Act, the Commandant shall initiate a rulemaking proceeding to modify the 
definition of the term ``higher volume port area'' in section 155.1020 
of the Coast Guard regulations (33 C.F.R. 155.1020) by striking ``Port 
Angeles, WA'' in paragraph (13) of that section and inserting ``Cape 
Flattery, WA''.
    (b) Vessel Response Plan Reviews.--Within 5 years after the date of 
enactment of this Act, the Coast Guard shall complete its review of any 
changes to vessel response plans under the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.) resulting from the modification of 
the higher volume port area definition required by subsection (a).
SEC. 711. TUG ESCORTS FOR LADEN OIL TANKERS.

    (a) Comparability <<NOTE: Deadlines.>> Analysis.--
            (1) In <<NOTE: Canada.>> general.--Within 1 year after the 
        date of enactment of this Act, the Commandant, in consultation 
        with the Secretary of State, is strongly encouraged to enter 
        into negotiations with the Government of Canada to update the 
        comparability analysis which serves as the basis for the 
        Cooperative Vessel Traffic Service agreement between the United 
        States and Canada for the management of maritime traffic in 
        Puget Sound, the Strait of Georgia, Haro Strait, Rosario Strait, 
        and the Strait of Juan de Fuca. The updated analysis shall, at a 
        minimum, consider--
                    (A) requirements for laden tank vessels to be 
                escorted by tug boats;
                    (B) vessel emergency response towing capability at 
                the entrance to the Strait of Juan de Fuca; and
                    (C) spill response capability throughout the shared 
                water, including oil spill response planning 
                requirements for vessels bound for one nation transiting 
                through the waters of the other nation.
            (2) Consultation requirement.--In conducting the analysis 
        required under this subsection, the Commandant shall consult 
        with the State of Washington and affected tribal governments.
            (3) Recommendations.--Within 18 months after the date of 
        enactment of this Act, the Commandant shall submit 
        recommendations based on the analysis required under this 
        subsection to the Senate Committee on Commerce, Science, and 
        Transportation and the House of Representatives Committee on 
        Transportation and Infrastructure. The recommendations shall 
        consider a full range of options for the management of maritime 
        traffic, including Federal legislation, promulgation of Federal 
        rules, and the establishment of cooperative agreements for 
        shared funding of spill prevention and response systems.

[[Page 124 STAT. 2987]]

    (b) Dual Escort Vessels for Double Hulled Tankers in Prince William 
Sound, Alaska.--
            (1) In general.--Section 4116(c) of the Oil Pollution Act of 
        1990 (46 U.S.C. 3703 note) is amended--
                    (A) by striking ``Not later than 6 months after the 
                date of the enactment of this Act, the'' and inserting 
                ``(1) In general.--The''; and
                    (B) by adding at the end the following:
            ``(2) Prince william sound, alaska.--
                    ``(A) In <<NOTE: Applicability.>> general.--The 
                requirement in paragraph (1) relating to single hulled 
                tankers in Prince William Sound, Alaska, described in 
                that paragraph being escorted by at least 2 towing 
                vessels or other vessels considered to be appropriate by 
                the Secretary (including regulations promulgated in 
                accordance with section 3703(a)(3) of title 46, United 
                States Code, as set forth in part 168 of title 33, Code 
                of Federal Regulations (as in effect on March 1, 2009) 
                implementing this subsection with respect to those 
                tankers) shall apply to double hulled tankers over 5,000 
                gross tons transporting oil in bulk in Prince William 
                Sound, Alaska.
                    ``(B) Implementation <<NOTE: Regulations.>> of 
                requirements.--The Secretary of the department in which 
                the Coast Guard is operating shall prescribe interim 
                final regulations to carry out subparagraph (A) as soon 
                as practicable without notice and hearing pursuant to 
                section 553 of title 5 of the United States Code.''.
            (2) Effective <<NOTE: 46 USC 3703 note.>> date.--The 
        amendments made by subsection (b) take effect on the date that 
        is 90 days after the date of enactment of this Act.

    (c) Preservation <<NOTE: 46 USC 3703 note.>> of State Authority.--
Nothing in this Act or in any other provision of Federal law related to 
the regulation of maritime transportation of oil shall affect, or be 
construed or interpreted as preempting, the authority of any State or 
political subdivision thereof which require the escort by one or more 
tugs of laden oil tankers in the areas which are specified in section 
4116(c) of the Oil Pollution Act of 1990 (46 U.S.C. 3703 note).

    (d) Vessel Traffic Risk Assessment.--
            (1) Requirement.--The <<NOTE: Alaska. Deadline.>> Commandant 
        of the Coast Guard, acting through the appropriate Area 
        Committee established under section 311(j)(4) of the Federal 
        Water Pollution Control Act, shall prepare a vessel traffic risk 
        assessment for Cook Inlet, Alaska, within 1 year after the date 
        of enactment of this Act.
            (2) Contents.--The assessment shall describe, for the region 
        covered by the assessment--
                    (A) the amount and character of present and 
                estimated future shipping traffic in the region; and
                    (B) the current and projected use and effectiveness 
                in reducing risk, of--
                          (i) traffic separation schemes and routing 
                      measures;
                          (ii) long-range vessel tracking systems 
                      developed under section 70115 of title 46, United 
                      States Code;
                          (iii) towing, response, or escort tugs;
                          (iv) vessel traffic services;
                          (v) emergency towing packages on vessels;

[[Page 124 STAT. 2988]]

                          (vi) increased spill response equipment 
                      including equipment appropriate for severe weather 
                      and sea conditions;
                          (vii) the Automatic Identification System 
                      developed under section 70114 of title 46, United 
                      States Code;
                          (viii) particularly sensitive sea areas, areas 
                      to be avoided, and other traffic exclusion zones;
                          (ix) aids to navigation; and
                          (x) vessel response plans.
            (3) Recommendations.--
                    (A) In general.--The assessment shall include any 
                appropriate recommendations to enhance the safety, or 
                lessen potential adverse environmental impacts, of 
                marine shipping.
                    (B) Consultation.--Before making any recommendations 
                under paragraph (1) for a region, the Area Committee 
                shall consult with affected local, State, and Federal 
                government agencies, representatives of the fishing 
                industry, Alaska Natives from the region, the 
                conservation community, and the merchant shipping and 
                oil transportation industries.
            (4) Provision to congress.--The Commandant shall provide a 
        copy of the assessment to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the Committee 
        on Commerce, Science, and Transportation of the Senate.
SEC. 712. EXTENSION OF FINANCIAL RESPONSIBILITY.

    Section 1016(a) of the Oil Pollution Act of 1990 (33 U.S.C. 2716(a)) 
is amended--
            (1) by striking ``or'' after the semicolon in paragraph (1);
            (2) by inserting ``or'' after the semicolon in paragraph 
        (2); and
            (3) by inserting after paragraph (2) the following:
            ``(3) any tank vessel over 100 gross tons using any place 
        subject to the jurisdiction of the United States;''.
SEC. 713. LIABILITY FOR USE OF SINGLE-HULL VESSELS.

    Section 1001(32)(A) of the Oil Pollution Act of 1990 (33 U.S.C. 
2701(32)(A)) is amended by inserting ``In the case of a vessel, the term 
`responsible party' also includes the owner of oil being transported in 
a tank vessel with a single hull after December 31, 2010 (other than a 
vessel described in section 3703a(b)(3) of title 46, United States 
Code).'' after ``vessel.''.

                        TITLE VIII--PORT SECURITY

SEC. 801. AMERICA'S WATERWAY WATCH PROGRAM.

    (a) In General.--Chapter 701 of title 46, United States Code, is 
amended by adding at the end thereof the following:
``Sec. 70122. Waterway watch program

    ``(a) Program Established.--There is hereby established, within the 
Coast Guard, the America's Waterway Watch Program.
    ``(b) Purpose.--The Secretary shall administer the Program in a 
manner that promotes voluntary reporting of activities that may indicate 
that a person or persons may be preparing to engage

[[Page 124 STAT. 2989]]

or engaging in a violation of law relating to a threat or an act of 
terrorism (as that term is defined in section 3077 of title 18) against 
a vessel, facility, port, or waterway.
    ``(c) Information; Training.--
            ``(1) Information.--The Secretary may establish, as an 
        element of the Program, a network of individuals and community-
        based organizations that encourage the public and industry to 
        recognize activities referred to in subsection (b), promote 
        voluntary reporting of such activity, and enhance the 
        situational awareness within the Nation's ports and waterways. 
        Such network shall, to the extent practicable, be conducted in 
        cooperation with Federal, State, and local law enforcement 
        agencies.
            ``(2) Training.--The Secretary may provide training in--
                    ``(A) observing and reporting on covered activities; 
                and
                    ``(B) sharing such reports and coordinating the 
                response by Federal, State, and local law enforcement 
                agencies.

    ``(d) Voluntary Participation.--Participation in the Program--
            ``(1) shall be wholly voluntary;
            ``(2) shall not be a prerequisite to eligibility for, or 
        receipt of, any other service or assistance from, or to 
        participation in, any other program of any kind; and
            ``(3) shall not require disclosure of information regarding 
        the individual reporting covered activities or, for proprietary 
        purposes, the location of such individual.

    ``(e) Coordination.--The Secretary shall coordinate the Program with 
other like watch programs. <<NOTE: Reports.>> The Secretary shall 
submit, concurrent with the President's budget submission for each 
fiscal year, a report on coordination of the Program and like watch 
programs within the Department of Homeland Security to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee on 
Homeland Security of the House of Representatives.

    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated for the purposes of this section $3,000,000 for each of 
fiscal years 2011 through 2016. Such funds shall remain available until 
expended.''.
    (b) Clerical <<NOTE: 46 USC 70101.>> Amendment.--The table of 
contents for chapter 701 of title 46, United States Code, is amended by 
inserting after the item relating to section 70121 the following:

``70122. Waterway watch program.''.

SEC. 802. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL.

    (a) In <<NOTE: Deadline.>> General.--Not later than 120 days after 
completing the pilot program under section 70105(k)(1) of title 46, 
United States Code, to test TWIC access control technologies at port 
facilities and vessels nationwide, the Secretary of Homeland Security 
shall submit to the Committee on Homeland Security and the Committee on 
Transportation and Infrastructure of the House of Representatives, the 
Committee on Commerce, Science, and Transportation of the Senate, and to 
the Comptroller General a report containing an assessment of the results 
of the pilot. The report shall include--
            (1) the findings of the pilot program with respect to key 
        technical and operational aspects of implementing TWIC 
        technologies in the maritime sector;

[[Page 124 STAT. 2990]]

            (2) a comprehensive listing of the extent to which 
        established metrics were achieved during the pilot program; and
            (3) an analysis of the viability of those technologies for 
        use in the maritime environment, including any challenges to 
        implementing those technologies and strategies for mitigating 
        identified challenges.

    (b) GAO Assessment.--The Comptroller General shall review the report 
and submit to the Committee on Homeland Security and the Committee on 
Transportation and Infrastructure of the House of Representatives, and 
the Committee on Commerce, Science, and Transportation of the Senate an 
assessment of the report's findings and recommendations.
SEC. 803. INTERAGENCY OPERATIONAL CENTERS FOR PORT SECURITY.

    Section 70107A(b) of title 46, United States Code, is amended--
            (1) by striking paragraph (3);
            (2) by redesignating paragraphs (1) and (2) as paragraphs 
        (2) and (3), respectively;
            (3) by inserting before paragraph (2), as so redesignated, 
        the following:
            ``(1)(A) include--
                    ``(i) information management systems, and
                    ``(ii) sensor management systems; and
            ``(B) where practicable, provide for the physical co-
        location of the Coast Guard and, as the Secretary determines 
        appropriate, representatives of the United States Customs and 
        Border Protection, the United States Immigration and Customs 
        Enforcement, the Transportation Security Administration, the 
        Department of Justice, the Department of Defense, and other 
        Federal agencies, State and local law enforcement or port 
        security personnel, members of the Area Maritime Security 
        Committee, and other public and private sector stakeholders 
        adversely affected by a transportation security incident or 
        transportation disruption;''; and
            (4) in paragraph (2), as so redesignated--
                    (A) by striking ``existing centers, including--'' 
                and inserting ``existing centers;''; and
                    (B) by striking subparagraph (A) and (B); and
            (5) by adding ``and'' at the end of paragraph (3), as so 
        redesignated.
SEC. 804. DEPLOYABLE, SPECIALIZED FORCES.

    (a) In General.--Section 70106 of title 46, United States Code, is 
amended to read as follows:
``Sec. 70106. Deployable, specialized forces

    ``(a) Establishment.--
            ``(1) In general.--To enhance the domestic maritime security 
        capability of the United States, the Secretary shall establish 
        deployable specialized forces of varying capabilities as are 
        needed to safeguard the public and protect vessels, harbors, 
        ports, facilities, and cargo in waters subject to the 
        jurisdiction of the United States from destruction, loss or 
        injury from crime, or sabotage due to terrorist activity, and to 
        respond to such activity in accordance with the transportation 
        security plans developed under section 70103.
            ``(2) Enhanced teams.--Such specialized forces shall include 
        no less than two enhanced teams to serve as deployable

[[Page 124 STAT. 2991]]

        forces capable of combating terrorism, engaging in interdiction, 
        law enforcement, and advanced tactical maritime security 
        operations to address known or potentially armed security 
        threats (including non-compliant actors at sea), and 
        participating in homeland security, homeland defense, and 
        counterterrorism exercises in the maritime environment.

    ``(b) Mission.--The combined force of the specialized forces 
established under subsection (a) shall be trained, equipped, and capable 
of being deployed to--
            ``(1) deter, protect against, and rapidly respond to threats 
        of maritime terrorism;
            ``(2) conduct maritime operations to protect against and 
        disrupt illegal use, access to, or proliferation of weapons of 
        mass destruction;
            ``(3) enforce moving or fixed safety or security zones 
        established pursuant to law;
            ``(4) conduct high speed intercepts;
            ``(5) board, search, and seize any article or thing on or 
        at, respectively, a vessel or facility found to present a risk 
        to the vessel or facility, or to a port;
            ``(6) rapidly deploy to supplement United States armed 
        forces domestically or overseas;
            ``(7) respond to criminal or terrorist acts so as to 
        minimize, insofar as possible, the disruption caused by such 
        acts;
            ``(8) assist with facility vulnerability assessments 
        required under this chapter; and
            ``(9) carry out any other missions of the Coast Guard as are 
        assigned to it by the Secretary.

    ``(c) Minimization of Response Times.--The enhanced teams 
established under subsection (a)(2) shall, to the extent practicable, be 
stationed in such a way so as to minimize the response time to maritime 
terrorist threats and potential or actual transportation security 
incidents.
    ``(d) Coordination With Other Agencies.--To the maximum extent 
feasible, the combined force of the specialized forces established under 
subsection (a) shall coordinate their activities with other Federal, 
State, and local law enforcement and emergency response agencies.''.
    (b) Clerical Amendment.--The table of contents for chapter 701 of 
title 46, United States Code, is <<NOTE: 46 USC 70101.>> amended by 
striking the item relating to section 70106 and inserting the following:

``70106. Deployable, specialized forces.''.

SEC. 805. <<NOTE: 46 USC 70106 note.>> COAST GUARD DETECTION 
                        CANINE TEAM PROGRAM EXPANSION.

    (a) Definitions.--For purposes of this section:
            (1) Canine detection team.--The term ``detection canine 
        team'' means a canine and a canine handler that are trained to 
        detect narcotics or explosives, or other threats as defined by 
        the Secretary.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

    (b) Detection Canine Teams.--
            (1) Increased <<NOTE: Deadline.>> capacity.--Not later than 
        1 year after the date of enactment of this Act, and subject to 
        the availability of appropriations, the Secretary shall--

[[Page 124 STAT. 2992]]

                    (A) begin to increase the number of detection canine 
                teams certified by the Coast Guard for the purposes of 
                maritime-related security by no fewer than 10 canine 
                teams annually through fiscal year 2012; and
                    (B) encourage owners and operators of port 
                facilities, passenger cruise liners, oceangoing cargo 
                vessels, and other vessels identified by the Secretary 
                to strengthen security through the use of highly trained 
                detection canine teams.
            (2) Canine procurement.--The Secretary, acting through the 
        Commandant of the Coast Guard, shall procure detection canine 
        teams as efficiently as possible, including, to the greatest 
        extent possible, through increased domestic breeding, while 
        meeting the performance needs and criteria established by the 
        Commandant.

    (c) Deployment.--The Secretary shall prioritize deployment of the 
additional canine teams to ports based on risk, consistent with the 
Security and Accountability For Every Port Act of 2006 (Public Law 109-
347).
SEC. 806. COAST GUARD PORT ASSISTANCE PROGRAM.

    (a) Foreign Port Assessment.--Chapter 701 of title 46, United States 
Code, is amended--
            (1) by adding at the end of section 70108 the following:

    ``(e) Limitation on Statutory Construction.--The absence of an 
inspection of a foreign port shall not bar the Secretary from making a 
finding that a port in a foreign country does not maintain effective 
antiterrorism measures.'';
            (2) by striking ``If the Secretary, after conducting an 
        assessment under section 70108, finds that a port in a foreign 
        country does not maintain effective antiterrorism measures,'' in 
        section 70109(a) and inserting ``Unless the Secretary finds that 
        a port in a foreign country maintains effective antiterrorism 
        measures,''; and
            (3) by striking ``If the Secretary finds that a foreign port 
        does not maintain effective antiterrorism measures,'' in section 
        70110(a) and inserting ``Unless the Secretary finds that a 
        foreign port maintains effective antiterrorism measures,''.

    (b) Assistance Program.--Section 70110 of title 46, United States 
Code, is amended by adding at the end the following:
    ``(f) Coast Guard Assistance Program.--
            ``(1) In general.--The Secretary may lend, lease, donate, or 
        otherwise provide equipment, and provide technical training and 
        support, to the owner or operator of a foreign port or 
        facility--
                    ``(A) to assist in bringing the port or facility 
                into compliance with applicable International Ship and 
                Port Facility Code standards; and
                    ``(B) to assist the port or facility in correcting 
                deficiencies identified in periodic port assessments and 
                reassessments required under section 70108 of this 
                title.
            ``(2) Conditions.--The Secretary--
                    ``(A) may provide such assistance based upon an 
                assessment of the risks to the security of the United 
                States and the inability of the owner or operator of the 
                port or facility to bring the port or facility into 
                compliance with those standards and to maintain 
                compliance with, or exceed, such standards;

[[Page 124 STAT. 2993]]

                    ``(B) may not provide such assistance unless the 
                port or facility has been subjected to a comprehensive 
                port security assessment by the Coast Guard; and
                    ``(C) may only lend, lease, or otherwise provide 
                equipment that the Secretary has first determined is not 
                required by the Coast Guard for the performance of its 
                missions.''.

    (c) Safety and Security Assistance for Foreign Ports.--
            (1) In general.--Section 70110(e)(1) of title 46, United 
        States Code, is amended by striking the second sentence and 
        inserting the following: ``The Secretary shall establish a 
        strategic plan to utilize those assistance programs to assist 
        ports and facilities that are found by the Secretary under 
        subsection (a) not to maintain effective antiterrorism measures 
        in the implementation of port security antiterrorism 
        measures.''.
            (2) Conforming amendments.--
                    (A) Section 70110 of title 46, United States Code, 
                is amended--
                          (i) by inserting ``or facilities'' after 
                      ``ports'' in the section heading;
                          (ii) by inserting ``or facility'' after 
                      ``port'' each place it appears; and
                          (iii) by striking ``Ports'' in the heading for 
                      subsection (e) and inserting ``Ports, 
                      Facilities,''.
                    (B) Section 70108(c) of such title is amended--
                          (i) by striking paragraph (2); and
                          (ii) by redesignating paragraphs (3) and (4) 
                      as paragraphs (2) and (3), respectively.
                    (C) The table of contents for chapter 701 of title 
                46, United States <<NOTE: 46 USC 70101.>> Code, is 
                amended by striking the item relating to section 70110 
                and inserting the following:

``70110. Actions and assistance for foreign ports or facilities and 
           United States territories.''.

SEC. 807. MARITIME BIOMETRIC IDENTIFICATION.

    (a) In General.--Chapter 701 of title 46, United States Code, is 
further amended by adding at the end the following:
``Sec. 70123. Mobile biometric identification

    ``(a) In <<NOTE: Deadline.>> General.--Within one year after the 
date of the enactment of the Coast Guard Authorization Act of 2010, the 
Secretary shall conduct, in the maritime environment, a program for the 
mobile biometric identification of suspected individuals, including 
terrorists, to enhance border security and for other purposes.

    ``(b) Requirements.--The Secretary shall ensure the program required 
in this section is coordinated with other biometric identification 
programs within the Department of Homeland Security.
    ``(c) Definition.--For the purposes of this section, the term 
`biometric identification' means use of fingerprint and digital 
photography images and facial and iris scan technology and any other 
technology considered applicable by the Department of Homeland 
Security.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter <<NOTE: 46 USC 70101.>> is amended by adding at the end the 
following:

``70123. Mobile biometric identification.''.

[[Page 124 STAT. 2994]]

    (c) Cost <<NOTE: Deadline.>> Analysis.--Within 90 days after the 
date of the enactment of this Act, the Secretary of the department in 
which the Coast Guard is operating shall submit to the Committees on 
Homeland Security and Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate an analysis of the cost of expanding the 
Coast Guard's biometric identification capabilities for use by the Coast 
Guard's Deployable Operations Group, cutters, stations, and other 
deployable maritime teams considered appropriate by the Secretary, and 
any other appropriate Department of Homeland Security maritime vessels 
and units. The analysis may include a tiered plan for the deployment of 
this program that gives priority to vessels and units more likely to 
encounter individuals suspected of making illegal border crossings 
through the maritime environment.

    (d) Study on Emerging Biometric Capabilities.--
            (1) Study required.--The Secretary of Homeland Security 
        shall submit to the Committees on Homeland Security and 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a study on the use by the Coast 
        Guard and other departmental entities of the combination of 
        biometric technologies to rapidly identify individuals for 
        security purposes. Such study shall focus on--
                    (A) increased accuracy of facial recognition;
                    (B) enhancement of existing iris recognition 
                technology; and
                    (C) other emerging biometric technologies capable of 
                assisting in confirming the identification of 
                individuals.
            (2) Purpose of study.--The purpose of the study required by 
        paragraph (1) is to facilitate the use of a combination 
        biometrics, including facial and iris recognition, to provide a 
        higher probability of success in identification than a single 
        approach and to achieve transformational advances in the 
        flexibility, authenticity, and overall capability of integrated 
        biometric detectors. The operational goal of the study should be 
        to provide the capability to nonintrusively collect biometrics 
        in an accurate and expeditious manner to assist the Coast Guard 
        and the Department of Homeland Security in fulfilling its 
        mission to protect and support national security.
SEC. 808. <<NOTE: 46 USC 70105 note.>> PILOT PROGRAM FOR 
                        FINGERPRINTING OF MARITIME WORKERS.

    (a) In <<NOTE: Deadline. Procedures.>> General.--Within 180 days 
after the date of enactment of this Act, the Secretary of Homeland 
Security shall establish procedures providing for an individual who is 
required to be fingerprinted for purposes of obtaining a transportation 
security card under section 70105 of title 46, United States Code, the 
ability to be fingerprinted at any of not less than 20 facilities 
operated by or under contract with an agency of the Department of 
Homeland Security that fingerprints the public for the Department. These 
facilities shall be in addition to facilities established under section 
70105 of title 46, United States Code.

    (b) Expiration.--The requirement made by subsection (a) expires 1 
year after the date the Secretary establishes the facilities required 
under that subsection.

[[Page 124 STAT. 2995]]

SEC. 809. TRANSPORTATION SECURITY CARDS ON VESSELS.

    Section 70105(b)(2) of title 46, United States Code, is amended--
            (1) in subparagraph (B), by inserting after ``title'' the 
        following: ``allowed unescorted access to a secure area 
        designated in a vessel security plan approved under section 
        70103 of this title''; and
            (2) in subparagraph (D), by inserting after ``tank vessel'' 
        the following: ``allowed unescorted access to a secure area 
        designated in a vessel security plan approved under section 
        70103 of this title''.
SEC. 810. MARITIME SECURITY ADVISORY COMMITTEES.

     Section 70112 of title 46, United States Code, is amended--
            (1) by amending subsection (b)(5) to read as follows:

    ``(5)(A) The National Maritime Security Advisory Committee shall be 
composed of--
            ``(i) at least 1 individual who represents the interests of 
        the port authorities;
            ``(ii) at least 1 individual who represents the interests of 
        the facilities owners or operators;
            ``(iii) at least 1 individual who represents the interests 
        of the terminal owners or operators;
            ``(iv) at least 1 individual who represents the interests of 
        the vessel owners or operators;
            ``(v) at least 1 individual who represents the interests of 
        the maritime labor organizations;
            ``(vi) at least 1 individual who represents the interests of 
        the academic community;
            ``(vii) at least 1 individual who represents the interests 
        of State or local governments; and
            ``(viii) at least 1 individual who represents the interests 
        of the maritime industry.

    ``(B) Each Area Maritime Security Advisory Committee shall be 
composed of individuals who represents the interests of the port 
industry, terminal operators, port labor organizations, and other users 
of the port areas.''; and
            (2) in subsection (g)--
                    (A) in paragraph (1)(A), by striking ``2008;'' and 
                inserting ``2020;''; and
                    (B) in paragraph (2), by striking ``2006'' and 
                inserting ``2018''.
SEC. 811. <<NOTE: 46 USC 70103 note.>> SEAMEN'S SHORESIDE ACCESS.

    Each facility security plan approved under section 70103(c) of title 
46, United States Code, shall provide a system for seamen assigned to a 
vessel at that facility, pilots, and representatives of seamen's welfare 
and labor organizations to board and depart the vessel through the 
facility in a timely manner at no cost to the individual.
SEC. 812. <<NOTE: 46 USC 70101 note.>> WATERSIDE SECURITY OF 
                        ESPECIALLY HAZARDOUS CARGO.

    (a) National Study.--
            (1) In general.--The Secretary of the department in which 
        the Coast Guard is operating shall--
                    (A) initiate a national study to identify measures 
                to improve the security of maritime transportation of 
                especially hazardous cargo; and

[[Page 124 STAT. 2996]]

                    (B) coordinate with other Federal agencies, the 
                National Maritime Security Advisory Committee, and 
                appropriate State and local government officials through 
                the Area Maritime Security Committees and other existing 
                coordinating committees, to evaluate the waterside 
                security of vessels carrying, and waterfront facilities 
                handling, especially hazardous cargo.
            (2) Matters to be included.--The study conducted under this 
        subsection shall include--
                    (A) an analysis of existing risk assessment 
                information relating to waterside security generated by 
                the Coast Guard and Area Maritime Security Committees as 
                part of the Maritime Security Risk Analysis Model;
                    (B) a review and analysis of appropriate roles and 
                responsibilities of maritime stakeholders, including 
                Federal, State, and local law enforcement and industry 
                security personnel, responsible for waterside security 
                of vessels carrying, and waterfront facilities handling, 
                especially hazardous cargo, including--
                          (i) the number of ports in which State and 
                      local law enforcement entities are providing any 
                      services to enforce Coast Guard-imposed security 
                      zones around vessels transiting to, through, or 
                      from United States ports or to conduct security 
                      patrols in United States ports;
                          (ii) the number of formal agreements entered 
                      into between the Coast Guard and State and local 
                      law enforcement entities to engage State and local 
                      law enforcement entities in the enforcement of 
                      Coast Guard-imposed security zones around vessels 
                      transiting to, through, or from United States 
                      ports or the conduct of port security patrols in 
                      United States ports, the duration of those 
                      agreements, and the aid that State and local 
                      entities are engaged to provide through such 
                      agreements;
                          (iii) the extent to which the Coast Guard has 
                      set national standards for training, equipment, 
                      and resources to ensure that State and local law 
                      enforcement entities engaged in enforcing Coast 
                      Guard-imposed security zones around vessels 
                      transiting to, through, or from United States 
                      ports or in conducting port security patrols in 
                      United States ports (or both) can deter to the 
                      maximum extent practicable a transportation 
                      security incident;
                          (iv) the extent to which the Coast Guard has 
                      assessed the ability of State and local law 
                      enforcement entities to carry out the security 
                      assignments that they have been engaged to 
                      perform, including their ability to meet any 
                      national standards for training, equipment, and 
                      resources that have been established by the Coast 
                      Guard in order to ensure that those entities can 
                      deter to the maximum extent practicable a 
                      transportation security incident;
                          (v) the extent to which State and local law 
                      enforcement entities are able to meet national 
                      standards for training, equipment, and resources 
                      established by the Coast Guard to ensure that 
                      those entities can deter

[[Page 124 STAT. 2997]]

                      to the maximum extent practicable a transportation 
                      security incident;
                          (vi) the differences in law enforcement 
                      authority, and particularly boarding authority, 
                      between the Coast Guard and State and local law 
                      enforcement entities, and the impact that these 
                      differences have on the ability of State and local 
                      law enforcement entities to provide the same level 
                      of security that the Coast Guard provides during 
                      the enforcement of Coast Guard-imposed security 
                      zones and the conduct of security patrols in 
                      United States ports; and
                          (vii) the extent of resource, training, and 
                      equipment differences between State and local law 
                      enforcement entities and the Coast Guard units 
                      engaged in enforcing Coast Guard-imposed security 
                      zones around vessels transiting to, through, or 
                      from United States ports or conducting security 
                      patrols in United States ports;
                    (C) recommendations for risk-based security measures 
                to improve waterside security of vessels carrying, and 
                waterfront facilities handling, especially hazardous 
                cargo; and
                    (D) identification of security funding alternatives, 
                including an analysis of the potential for cost-sharing 
                by the public and private sectors as well as any 
                challenges associated with such cost-sharing.
            (3) Information protection.--In carrying out the 
        coordination necessary to effectively complete the study, the 
        Commandant shall implement measures to ensure the protection of 
        any sensitive security information, proprietary information, or 
        classified information collected, reviewed, or shared during 
        collaborative engagement with maritime stakeholders and other 
        Government entities, except that nothing in this paragraph shall 
        constitute authority to withhold information from--
                    (A) the Congress; or
                    (B) first responders requiring such information for 
                the protection of life or property.
            (4) Report.--Not later than 12 months after the date of 
        enactment of this Act, the Secretary of the Department in which 
        the Coast Guard is operating shall submit to the Committees on 
        Homeland Security and Transportation and Infrastructure of the 
        House of Representatives and the Committee on Commerce, Science, 
        and Transportation of the Senate a report on the results of the 
        study under this subsection.

    (b) National <<NOTE: Deadline.>> Strategy.--Not later than 6 months 
after submission of the report required by subsection (a), the Secretary 
of the department in which the Coast Guard is operating shall develop, 
in conjunction with appropriate Federal agencies, a national strategy 
for the waterside security of vessels carrying, and waterfront 
facilities handling, especially hazardous cargo. The strategy shall 
utilize the results of the study required by subsection (a).

    (c) Security of Especially Hazardous Cargo.--Section 70103 of title 
46, United States Code, is amended by adding at the end the following:
    ``(e) Especially Hazardous Cargo.--

[[Page 124 STAT. 2998]]

            ``(1) Enforcement of security zones.--Consistent with other 
        provisions of Federal law, the Coast Guard shall coordinate and 
        be responsible for the enforcement of any Federal security zone 
        established by the Coast Guard around a vessel containing 
        especially hazardous cargo. The Coast Guard shall allocate 
        available resources so as to deter and respond to a 
        transportation security incident, to the maximum extent 
        practicable, and to protect lives or protect property in danger.
            ``(2) Resource deficiency reporting.--
                    ``(A) In general.--When the Secretary submits the 
                annual budget request for a fiscal year for the 
                department in which the Coast Guard is operating to the 
                Office of Management and Budget, the Secretary shall 
                provide to the Committees on Homeland Security and 
                Transportation and Infrastructure of the House of 
                Representatives and the Committee on Commerce, Science, 
                and Transportation of the Senate a report that 
                includes--
                          ``(i) for the last full fiscal year preceding 
                      the report, a statement of the number of security 
                      zones established for especially hazardous cargo 
                      shipments;
                          ``(ii) for the last full fiscal year preceding 
                      the report, a statement of the number of 
                      especially hazardous cargo shipments provided a 
                      waterborne security escort, subdivided by Federal, 
                      State, local, or private security; and
                          ``(iii) an assessment as to any additional 
                      vessels, personnel, infrastructure, and other 
                      resources necessary to provide waterborne escorts 
                      to those especially hazardous cargo shipments for 
                      which a security zone is established.
                    ``(B) Especially hazardous cargo defined.--In this 
                subsection, the term `especially hazardous cargo' means 
                anhydrous ammonia, ammonium nitrate, chlorine, liquefied 
                natural gas, liquiefied petroleum gas, and any other 
                substance, material, or group or class of material, in a 
                particular amount and form that the Secretary determines 
                by regulation poses a significant risk of creating a 
                transportation security incident while being transported 
                in maritime commerce.''.

    (d) Definitions.--For the purposes of this section, the follow 
definitions apply:
            (1) Especially hazardous cargo.--The term ``especially 
        hazardous cargo'' means anhydrous ammonia, ammonium nitrate, 
        chlorine, liquefied natural gas, liquiefied petroleum gas, and 
        any other substance, material, or group or class of material, in 
        a particular amount and form that the Secretary determines by 
        regulation poses a significant risk of creating a transportation 
        security incident while being transported in maritime commerce.
            (2) Area maritime security committee.--The term ``Area 
        Maritime Security Committee'' means each of those committees 
        responsible for producing Area Maritime Transportation Security 
        Plans under chapter 701 of title 46, United States Code.
            (3) Transportation security incident.--The term 
        ``transportation security incident'' has the same meaning as 
        that term has in section 70101 of title 46, United States Code.

[[Page 124 STAT. 2999]]

SEC. 813. REVIEW OF LIQUEFIED NATURAL GAS FACILITIES.

    Consistent with other provisions of law, the Secretary of the 
department in which the Coast Guard is operating shall make a 
recommendation, after considering recommendations made by the States, to 
the Federal Energy Regulatory Commission as to whether the waterway to a 
proposed waterside liquefied natural gas facility is suitable or 
unsuitable for the marine traffic associated with such facility.
SEC. 814. USE OF SECONDARY AUTHENTICATION FOR TRANSPORTATION 
                        SECURITY CARDS.

    Section 70105 of title 46, United States Code, is amended by adding 
at the end the following new subsection:
    ``(n) The Secretary may use a secondary authentication system to 
verify the identification of individuals using transportation security 
cards when the individual's fingerprints are not able to be taken or 
read.''.
SEC. 815. <<NOTE: 46 USC 70105 note.>> ASSESSMENT OF 
                        TRANSPORTATION SECURITY CARD ENROLLMENT 
                        SITES.

    (a) In <<NOTE: Deadline.>> General.--Not later than 180 days after 
the date of the enactment of this Act, the Secretary of the department 
in which the Coast Guard is operating shall prepare an assessment of the 
enrollment sites for transportation security cards issued under section 
70105 of title 46, United States Code, including--
            (1) the feasibility of keeping those enrollment sites open 
        after the date of enactment of this Act; and
            (2) the quality of customer service, including the periods 
        of time individuals are kept on hold on the telephone, whether 
        appointments are kept, and processing times for applications.

    (b) Timelines and Benchmarks.--The Secretary shall develop timelines 
and benchmarks for implementing the findings of the assessment as the 
Secretary deems necessary.
SEC. 816. <<NOTE: Reports.>> ASSESSMENT OF THE FEASIBILITY OF 
                        EFFORTS TO MITIGATE THE THREAT OF SMALL 
                        BOAT ATTACK IN MAJOR PORTS.

    The Secretary of the department in which the Coast Guard is 
operating shall assess and report to Congress on the feasibility of 
efforts to mitigate the threat of small boat attack in security zones of 
major ports, including specifically the use of transponders, radio 
frequency identification devices, and high-frequency surface radar 
systems to track small boats.
SEC. 817. REPORT AND RECOMMENDATION FOR UNIFORM SECURITY 
                        BACKGROUND CHECKS.

    Not later than 1 year after the date of enactment of this Act, the 
Comptroller General shall submit to the Committee on Homeland Security 
of the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate a report that contains--
            (1) a review of background checks and forms of 
        identification required under State and local transportation 
        security programs;
            (2) a determination as to whether the background checks and 
        forms of identification required under such programs duplicate 
        or conflict with Federal programs; and

[[Page 124 STAT. 3000]]

            (3) recommendations on limiting the number of background 
        checks and forms of identification required under such programs 
        to reduce or eliminate duplication with Federal programs.
SEC. 818. TRANSPORTATION SECURITY CARDS: ACCESS PENDING ISSUANCE; 
                        DEADLINES FOR PROCESSING; RECEIPT.

    (a) Access; Deadlines.--Section 70105 of title 46, United States 
Code, is further amended by adding at the end the following new 
subsections:
    ``(o) Escorting.--The Secretary shall coordinate with owners and 
operators subject to this section to allow any individual who has a 
pending application for a transportation security card under this 
section or is waiting for reissuance of such card, including any 
individual whose card has been lost or stolen, and who needs to perform 
work in a secure or restricted area to have access to such area for that 
purpose through escorting of such individual in accordance with 
subsection (a)(1)(B) by another individual who holds a transportation 
security card. Nothing in this subsection shall be construed as 
requiring or compelling an owner or operator to provide escorted access.
    ``(p) Processing <<NOTE: Review.>> Time.--The Secretary shall review 
an initial transportation security card application and respond to the 
applicant, as appropriate, including the mailing of an Initial 
Determination of Threat Assessment letter, within 30 days after receipt 
of the initial application. The Secretary shall, to the greatest extent 
practicable, review appeal and waiver requests submitted by a 
transportation security card applicant, and send a written decision or 
request for additional information required for the appeal or waiver 
determination, within 30 days after receipt of the applicant's appeal or 
waiver written request. For an applicant that is required to submit 
additional information for an appeal or waiver determination, the 
Secretary shall send a written decision, to the greatest extent 
practicable, within 30 days after receipt of all requested 
information.''.

    (b) Receipt <<NOTE: 46 USC 70105 note.>> of Cards.--
            (1) Report by comptroller general.--Within 180 days after 
        the date of enactment of this Act, the Comptroller General of 
        the United States shall submit to the Committee on Homeland 
        Security of the House of Representatives and the Committee on 
        Commerce, Science, and Transportation of the Senate a report 
        assessing the costs, technical feasibility, and security 
        measures associated with implementing procedures to deliver a 
        transportation security card to an approved applicant's place of 
        residence in a secure manner or to allow an approved applicant 
        to receive the card at an enrollment center of the individual's 
        choosing.
            (2) Process for alternative means of receipt.--If the 
        Comptroller General finds in the final report under paragraph 
        (1) that it is feasible for a transportation security card to be 
        sent to an approved applicant's place of residence in a secure 
        manner, the Secretary shall, within 1 year after the date of 
        issuance of the final report by the Comptroller General, 
        implement a secure process to permit an individual approved for 
        a transportation security card to receive the card at the 
        applicant's place of residence or at the enrollment center of 
        the individual's choosing. The individual shall be responsible

[[Page 124 STAT. 3001]]

        for any additional cost associated with the secure delivery of a 
        transportation security card.
SEC. 819. HARMONIZING SECURITY CARD EXPIRATIONS.

    Section 70105(b) of title 46, United States Code, is amended by 
adding at the end the following new paragraph:
    ``(6) The Secretary may extend for up to one year the expiration of 
a biometric transportation security card required by this section to 
align the expiration with the expiration of a license, certificate of 
registry, or merchant mariner document required under chapter 71 or 
73.''.
SEC. 820. CLARIFICATION OF RULEMAKING AUTHORITY.

    (a) In General.--Chapter 701 of title 46, United States Code, is 
further amended by adding at the end the following:
``SEC. 70124. REGULATIONS.

    ``Unless otherwise provided, the Secretary may issue regulations 
necessary to implement this chapter.''.
    (b) Clerical Amendment.--The table of contents for chapter 701 
of <<NOTE: 46 USC 70101.>> such title is further amended by adding at 
the end the following new item:

``70124. Regulations.''.

SEC. 821. PORT SECURITY TRAINING AND CERTIFICATION.

    (a) Port Security Training Program.--Chapter 701 of title 46, United 
States Code, is further amended by adding at the end the following:
``Sec. 70125. Port security training for facility security 
                    officers

    ``(a) Facility Security Officers.--The Secretary shall establish 
comprehensive facility security officer training requirements designed 
to provide full security training that would lead to certification of 
such officers. In establishing the requirements, the Secretary shall--
            ``(1) work with affected industry stakeholders; and
            ``(2) evaluate--
                    ``(A) the requirements of subsection (b);
                    ``(B) existing security training programs employed 
                at marine terminal facilities; and
                    ``(C) existing port security training programs 
                developed by the Federal Government.

    ``(b) Requirements.--The training program shall provide validated 
training that--
            ``(1) provides training at the awareness, performance, 
        management, and planning levels;
            ``(2) utilizes multiple training mediums and methods;
            ``(3) establishes a validated provisional on-line 
        certification methodology;
            ``(4) provide for continuing education and training for 
        facility security officers beyond certification requirements, 
        including a program to educate on the dangers and issues 
        associated with the shipment of hazardous and especially 
        hazardous cargo;
            ``(5) addresses port security topics, including--
                    ``(A) facility security plans and procedures, 
                including how to develop security plans and security 
                procedure requirements when threat levels are elevated;

[[Page 124 STAT. 3002]]

                    ``(B) facility security force operations and 
                management;
                    ``(C) physical security and access control at 
                facilities;
                    ``(D) methods of security for preventing and 
                countering cargo theft;
                    ``(E) container security;
                    ``(F) recognition and detection of weapons, 
                dangerous substances, and devices;
                    ``(G) operation and maintenance of security 
                equipment and systems;
                    ``(H) security threats and patterns;
                    ``(I) security incident procedures, including 
                procedures for communicating with governmental and 
                nongovernmental emergency response providers; and
                    ``(J) evacuation procedures;
            ``(6) is consistent with, and supports implementation of, 
        the National Incident Management System, the National Response 
        Plan, the National Infrastructure Protection Plan, the National 
        Preparedness Guidance, the National Preparedness Goal, the 
        National Maritime Transportation Security Plan, and other such 
        national initiatives;
            ``(7) is evaluated against clear and consistent performance 
        measures;
            ``(8) addresses security requirements under facility 
        security plans;
            ``(9) addresses requirements under the International Code 
        for the Security of Ships and Port Facilities to address shore 
        leave for mariners and access to visitors, representatives of 
        seafarers' welfare organizations, and labor organizations; and
            ``(10) such other subject matters as may be prescribed by 
        the Secretary.

    ``(c) Continuing Security Training.--The Secretary, in coordination 
with the Secretary of Transportation, shall work with State and local 
law enforcement agencies and industry stakeholders to develop and 
certify the following additional security training requirements for 
Federal, State, and local officials with security responsibilities at 
United States seaports:
            ``(1) A program to familiarize them with port and shipping 
        operations, requirements of the Maritime Transportation Security 
        Act of 2002 (Public Law 107-295), and other port and cargo 
        security programs that educates and trains them with respect to 
        their roles and responsibilities.
            ``(2) A program to familiarize them with dangers and 
        potential issues with respect to shipments of hazardous and 
        especially hazardous cargoes.
            ``(3) A program of continuing education as deemed necessary 
        by the Secretary.

    ``(d) Training Partners.--In developing curriculum and delivering 
training established pursuant to subsections (a) and (c), the Secretary, 
in coordination with the Maritime Administrator of the Department of 
Transportation and consistent with section 109 of the Maritime 
Transportation Security Act of 2002 [46 U.S.C. 70101 note], shall work 
with institutions with maritime expertise and with industry stakeholders 
with security expertise to develop appropriate training capacity to 
ensure that training can be provided in a geographically balanced manner 
to personnel seeking certification under subsection (a) or education and 
training under subsection (c).

[[Page 124 STAT. 3003]]

    ``(e) Established <<NOTE: Regulations.>> Grant Program.--The 
Secretary shall issue regulations or grant solicitations for grants for 
homeland security or port security to ensure that activities surrounding 
the development of curriculum and the provision of training and these 
activities are eligible grant activities under both grant programs.''.

    (b) Conforming <<NOTE: Repeal.>> Amendment.--Section 113 of the SAFE 
Port Act (6 U.S.C. 911) is repealed.

    (c) Table of Contents Amendment.--The table of contents for chapter 
701 of title 46, United States Code, <<NOTE: 46 USC 70101.>> is further 
amended by adding at the end the following:

``70125. Port security training for facility security officers.''.

SEC. 822. INTEGRATION OF SECURITY PLANS AND SYSTEMS WITH LOCAL 
                        PORT AUTHORITIES, STATE HARBOR DIVISIONS, 
                        AND LAW ENFORCEMENT AGENCIES.

    Section 70102 of title 46, United States Code, is amended by adding 
at the end thereof the following:
    ``(c) Sharing of Assessment Integration of Plans and Equipment.--The 
owner or operator of a facility, consistent with any Federal security 
restrictions, shall--
            ``(1) make <<NOTE: Records.>> a current copy of the 
        vulnerability assessment conducted under subsection (b) 
        available to the port authority with jurisdiction of the 
        facility and appropriate State or local law enforcement 
        agencies; and
            ``(2) integrate, to the maximum extent practical, any 
        security system for the facility with compatible systems 
        operated or maintained by the appropriate State, law enforcement 
        agencies, and the Coast Guard.''.
SEC. 823. TRANSPORTATION SECURITY CARDS.

    Section 70105 of title 46, United States Code, is further amended by 
adding at the end thereof the following:
    ``(q) Receipt and Activation of Transportation Security Card.--
            ``(1) In <<NOTE: Deadline. Plan.>> general.--Not later than 
        one year after the date of publication of final regulations 
        required by subsection (k)(3) of this section the Secretary 
        shall develop a plan to permit the receipt and activation of 
        transportation security cards at any vessel or facility 
        described in subsection (a) of this section that desires to 
        implement this capability. This plan shall comply, to the extent 
        possible, with all appropriate requirements of Federal standards 
        for personal identity verification and credential.
            ``(2) Limitation.--The Secretary may not require any such 
        vessel or facility to provide on-site activation capability.''.
SEC. 824. PRE-POSITIONING INTEROPERABLE COMMUNICATIONS EQUIPMENT 
                        AT INTERAGENCY OPERATIONAL CENTERS.

    Section 70107A of title 46, United States Code, is amended--
            (1) by redesignating subsections (e) and (f) as subsections 
        (f) and (g), respectively; and
            (2) by inserting after subsection (d) the following:

[[Page 124 STAT. 3004]]

    ``(e) Deployment of Interoperable Communications Equipment at 
Interagency Operational Centers.--The Secretary, subject to the 
availability of appropriations, shall ensure that interoperable 
communications technology is deployed at all interagency operational 
centers established under subsection (a) and that such technology and 
equipment has been tested in live operational environments before 
deployment.''.
SEC. 825. INTERNATIONAL <<NOTE: 6 USC 945 note.>> PORT AND 
                        FACILITY INSPECTION COORDINATION.

    (a) Coordination.--The Secretary of the department in which the 
Coast Guard is operating shall, to the extent practicable, conduct the 
assessments required by the following provisions of law concurrently, or 
develop a process by which they are integrated and conducted by the 
Coast Guard:
            (1) Section 205 of the SAFE Port Act (6 U.S.C. 945).
            (2) Section 213 of that Act (6 U.S.C. 964).
            (3) Section 70108 of title 46, United States Code.

    (b) Limitation.--Nothing in subsection (a) shall be construed to 
affect or diminish the Secretary's authority or discretion--
            (1) to conduct an assessment of a foreign port at any time;
            (2) to compel the Secretary to conduct an assessment of a 
        foreign port so as to ensure that 2 or more assessments are 
        conducted concurrently; or
            (3) to cancel an assessment of a foreign port if the 
        Secretary is unable to conduct 2 or more assessments 
        concurrently.

    (c) Multiple <<NOTE: Notification.>> Assessment Report.--The 
Secretary shall provide written notice to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committees on 
Transportation and Infrastructure and Homeland Security of the House of 
Representatives whenever the Secretary conducts 2 or more assessments of 
the same port within a 3-year period.
SEC. 826. AREA TRANSPORTATION SECURITY INCIDENT MITIGATION PLAN.

    Section 70103(b)(2) of title 46, United States Code, is amended--
            (1) by redesignating subparagraphs (E) through (G) as 
        subparagraphs (F) through (H), respectively; and
            (2) by inserting after subparagraph (D) the following:
            ``(E) establish area response and recovery protocols to 
        prepare for, respond to, mitigate against, and recover from a 
        transportation security incident consistent with section 202 of 
        the SAFE Port Act of 2006 (6 U.S.C. 942) and subsection (a) of 
        this section;''.
SEC. 827. RISK <<NOTE: Deadlines.>> BASED RESOURCE ALLOCATION.

    (a) National <<NOTE: 46 USC 70101 note.>> Standard.--Within 1 year 
after the date of enactment of this Act, in carrying out chapter 701 of 
title 46, United States Code, the Secretary of the department in which 
the Coast Guard is operating shall develop and utilize a national 
standard and formula for prioritizing and addressing assessed security 
risks at United State ports and facilities on or adjacent to the 
waterways of the United States, such as the Maritime Security Risk 
Assessment Model that has been tested by the Department of Homeland 
Security.

[[Page 124 STAT. 3005]]

    (b) Use by Maritime Security Committees.--Within 2 years after the 
date of enactment of this Act, the Secretary shall require each Area 
Maritime Security Committee to use this standard to regularly evaluate 
each port's assessed risk and prioritize how to mitigate the most 
significant risks.
    (c) Other Uses of Standard.--The Secretary shall utilize the 
standard when considering departmental resource allocations and grant 
making decisions.
    (d) Use of Maritime Risk Assessment Model.--Within 180 days after 
the date of enactment of this Act, the Secretary of the department in 
which the Coast Guard is operating shall make the United States Coast 
Guard's Maritime Security Risk Assessment Model available, in an 
unclassified version, on a limited basis to regulated vessels and 
facilities to conduct true risk assessments of their own facilities and 
vessels using the same criteria employed by the Coast Guard when 
evaluating a port area, facility, or vessel.
SEC. 828. PORT SECURITY ZONES.

    (a) In General.--Section 701 of title 46, United States Code, is 
amended by adding at the end the following:

                  ``SUBCHAPTER II--PORT SECURITY ZONES

``Sec. 70131. Definitions

    ``In this subchapter:
            ``(1) Law enforcement agency.--The term `law enforcement 
        agency' means an agency of a State, a political subdivision of a 
        State, or a Federally recognized tribe that is authorized by law 
        to supervise the prevention, detection, investigation, or 
        prosecution of any violation of criminal law.
            ``(2) Security zone.--The term `security zone' means a 
        security zone, established by the Commandant of the Coast Guard 
        or the Commandant's designee pursuant to section 1 of title II 
        of the Act of June 15, 1917 (50 U.S.C. 191) or section 7(b) of 
        the Ports and Waterways Safety Act (33 U.S.C. 1226(b)), for a 
        vessel carrying especially hazardous cargo when such vessel--
                    ``(A) enters, or operates within, the internal 
                waters of the United States and the territorial sea of 
                the United States; or
                    ``(B) transfers such cargo or residue in any port or 
                place, under the jurisdiction of the United States, 
                within the territorial sea of the United States or the 
                internal waters of the United States.
``Sec. 70132. Credentialing standards, training, and certification 
                    for State and local support for the 
                    enforcement of security zones for the 
                    transportation of especially hazardous cargo

    ``(a) Standard.--The <<NOTE: Regulations.>> Commandant of the Coast 
Guard shall establish, by regulation, national standards for training 
and credentialing of law enforcement personnel--
            ``(1) to enforce a security zone; or
            ``(2) to assist in the enforcement of a security zone.

    ``(b) Training.--
            ``(1) The Commandant of the Coast Guard--

[[Page 124 STAT. 3006]]

                    ``(A) <<NOTE: Publication.>> shall develop and 
                publish a training curriculum for--
                          ``(i) law enforcement personnel to enforce a 
                      security zone;
                          ``(ii) law enforcement personnel to enforce or 
                      assist in the enforcement of a security zone; and
                          ``(iii) personnel who are employed or retained 
                      by a facility or vessel owner to assist in the 
                      enforcement of a security zone; and
                    ``(B) may--
                          ``(i) test and deliver such training, the 
                      curriculum for which is developed pursuant to 
                      subparagraph (A);
                          ``(ii) enter into an agreement under which a 
                      public entity (including a Federal agency) or 
                      private entity may test and deliver such training, 
                      the curriculum for which has been developed 
                      pursuant to subparagraph (A); and
                          ``(iii) may accept a program, conducted by a 
                      public entity (including a Federal agency) or 
                      private entity, through which such training is 
                      delivered the curriculum for which is developed 
                      pursuant to subparagraph (A).
            ``(2) Any Federal agency that provides such training, and 
        any public or private entity that receives moneys, pursuant to 
        section 70107(b)(8) of this title, to provide such training, 
        shall provide such training--
                    ``(A) to law enforcement personnel who enforce or 
                assist in the enforcement of a security zone; and
                    ``(B) on an availability basis to--
                          ``(i) law enforcement personnel who assist in 
                      the enforcement of a security zone; and
                          ``(ii) personnel who are employed or retained 
                      by a facility or vessel owner or operator to 
                      assist in the enforcement of a security zone.
            ``(3) If a Federal agency provides the training, the head of 
        such agency may, notwithstanding any other provision of law, 
        accept payment from any source for such training, and any amount 
        received as payment shall be credited to the appropriation, 
        current at the time of collection, charged with the cost thereof 
        and shall be merged with, and available for, the same purposes 
        of such appropriation.
            ``(4) Notwithstanding any other provision of law, any 
        moneys, awarded by the Department of Homeland Security in the 
        form of awards or grants, may be used by the recipient to pay 
        for training of personnel to assist in the enforcement of 
        security zones and limited access areas.

    ``(c) Certification; Training Partners.--In developing and 
delivering training under the training program, the Secretary, in 
coordination with the Maritime Administrator of the Department of 
Transportation, and consistent with section 109 of the Maritime 
Transportation Security Act of 2002 (46 U.S.C. 70101 note), shall--
            ``(1) work with government training facilities, academic 
        institutions, private organizations, employee organizations, and 
        other entities that provide specialized, state-of-the-art 
        training for governmental and nongovernmental emergency 
        responder providers or commercial seaport personnel and 
        management;

[[Page 124 STAT. 3007]]

            ``(2) utilize, as appropriate, government training 
        facilities, courses provided by community colleges, public 
        safety academies, State and private universities, and other 
        facilities; and
            ``(3) certify organizations that offer the curriculum for 
        training and certification.''.

    (b) Grants; Administration.--Section 70107 of title 46, United 
States Code, is amended--
            (1) by striking ``services.'' in subsection (a) and 
        inserting ``services and to train law enforcement personnel 
        under section 70132 of this title.'';
            (2) by adding at the end of subsection (b) the following:
            ``(8) The cost of training law enforcement personnel--
                    ``(A) to enforce a security zone under section 70132 
                of this title; or
                    ``(B) assist in the enforcement of a security 
                zone.'';
            (3) by adding at the end of subsection (c)(2) the following:
                    ``(C) Training.--There are no matching requirements 
                for grants under subsection (a) to train law enforcement 
                agency personnel in the enforcement of security zones 
                under section 70132 of this title or in assisting in the 
                enforcement of such security zones.''; and
            (4) by striking ``2011'' in subsection (l) and inserting 
        ``2013''.

    (c) Conforming <<NOTE: 46 USC 70101.>> Amendments.--
            (1) Subchapter I designation.--Chapter 701 of title 46, 
        United States Code, is amended by inserting before section 70101 
        the following:

                       ``SUBCHAPTER I--GENERAL''.

            (2) Table of contents amendments.--The table of contents for 
        chapter 701 of title 46, United States Code, is amended--
            (3) by inserting before the item relating to section 70101 
        the following:

                       ``Subchapter I--General'';

        and
            (4) by adding at the end the following:

                  ``subchapter ii--port security zones

``70131. Definitions.
``70132. Credentialing standards, training, and certification for State 
           and local support for the enforcement of security zones for 
           the transportation of especially hazardous cargo.''.

                   TITLE IX--MISCELLANEOUS PROVISIONS

SEC. 901. WAIVERS.

    (a) General Coastwise Waiver.--Notwithstanding section 12112 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 the following vessels:
            (1) ZIPPER (State of New York regulation number NY3205EB).

[[Page 124 STAT. 3008]]

            (2) GULF DIVER IV (United States official number 553457).

    (b) GALLANT LADY.--Section 1120(c) of the Coast Guard Authorization 
Act of 1996 (110 Stat. 3977) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``of Transportation'' and inserting 
                ``of the department in which the Coast Guard is 
                operating''; and
                    (B) by striking subparagraph (A) and inserting the 
                following:
                    ``(A) the vessel GALLANT LADY (Feadship hull number 
                672, approximately 168 feet in length).'';
            (2) by amending paragraph (3) to read as follows:
            ``(3) Condition.--The only nonrecreational activity 
        authorized for the vessel referred to in subparagraph (A) of 
        paragraph (1) is the transportation of individuals on behalf of 
        an organization described in section 501(c)(3) of the Internal 
        Revenue Code of 1986 and exempt from tax under section 501(a) of 
        such Code, for which the owner of the vessel receives no 
        compensation.'';
            (3) by striking paragraph (4) and redesignating paragraph 
        (5) as paragraph (4); and
            (4) in paragraph (4) (as so redesignated) by striking all 
        after ``shall expire'' and inserting ``on the date of the sale 
        of the vessel by the owner.''.

    (c) Activity of Certain Vessels.--
            (1) In general.--Section 12102 of title 46, United States 
        Code, is amended by adding at the end the following:

    ``(d) Aquaculture Waiver.--
            ``(1) Permitting of nonqualified vessels to perform certain 
        aquaculture support <<NOTE: Federal Register, 
        publication. Notice.>> operations.--Notwithstanding section 
        12113 and any other law, the Secretary of Transportation may 
        issue a waiver allowing a documented vessel with a registry 
        endorsement or a foreign flag vessel to be used in operations 
        that treat aquaculture fish for or protect aquaculture fish from 
        disease, parasitic infestation, or other threats to their health 
        if the Secretary finds, after publishing a notice in the Federal 
        Register, that a suitable vessel of the United States is not 
        available that could perform those services.
            ``(2) Prohibition.--Vessels operating under a waiver issued 
        under this subsection may not engage in any coastwise 
        transportation.''.
            (2) Implementing and interim <<NOTE: Notice. Public 
        comments. 46 USC 12102 note.>> regulations.--The Secretary of 
        the department in which the Coast Guard is operating shall, in 
        accordance with section 553 of title 5, United States Code, and 
        after public notice and comment, promulgate regulations 
        necessary and appropriate to implement this subsection. The 
        Secretary may grant interim permits pending the issuance of such 
        regulations upon receipt of applications containing the required 
        information.
SEC. 902. CREW WAGES ON PASSENGER VESSELS.

    (a) Foreign and Intercoastal Voyages.--
            (1) Cap on penalty wages.--Section 10313(g) of title 46, 
        United States Code, is amended--
                    (A) by striking ``When'' and inserting ``(1) Subject 
                to paragraph (2), when''; and

[[Page 124 STAT. 3009]]

                    (B) by adding at the end the following:

    ``(2) The total amount required to be paid under paragraph (1) with 
respect to all claims in a class action suit by seamen on a passenger 
vessel capable of carrying more than 500 passengers for wages under this 
section against a vessel master, owner, or operator or the employer of 
the seamen shall not exceed ten times the unpaid wages that are the 
subject of the claims.
    ``(3) A <<NOTE: Deadline.>> class action suit for wages under this 
subsection must be commenced within three years after the later of--
            ``(A) the date of the end of the last voyage for which the 
        wages are claimed; or
            ``(B) the receipt, by a seaman who is a claimant in the 
        suit, of a payment of wages that are the subject of the suit 
        that is made in the ordinary course of employment.''.
            (2) Deposits.--Section 10315 of such title is amended by 
        adding at the end the following:

    ``(f) Deposits in Seaman Account.--By written request signed by the 
seaman, a seaman employed on a passenger vessel capable of carrying more 
than 500 passengers may authorize the master, owner, or operator of the 
vessel, or the employer of the seaman, to make deposits of wages of the 
seaman into a checking, savings, investment, or retirement account, or 
other account to secure a payroll or debit card for the seaman if--
            ``(1) the wages designated by the seaman for such deposit 
        are deposited in a United States or international financial 
        institution designated by the seaman;
            ``(2) such deposits in the financial institution are fully 
        guaranteed under commonly accepted international standards by 
        the government of the country in which the financial institution 
        is licensed;
            ``(3) a written wage statement or pay stub, including an 
        accounting of any direct deposit, is delivered to the seaman no 
        less often than monthly; and
            ``(4) while on board the vessel on which the seaman is 
        employed, the seaman is able to arrange for withdrawal of all 
        funds on deposit in the account in which the wages are 
        deposited.''.

    (b) Coastwise Voyages.--
            (1) Cap on penalty wages.--Section 10504(c) of such title is 
        amended--
                    (A) by striking ``When'' and inserting ``(1) Subject 
                to subsection (d), and except as provided in paragraph 
                (2), when''; and
                    (B) by inserting at the end the following:

    ``(2) The total amount required to be paid under paragraph (1) with 
respect to all claims in a class action suit by seamen on a passenger 
vessel capable of carrying more than 500 passengers for wages under this 
section against a vessel master, owner, or operator or the employer of 
the seamen shall not exceed ten times the unpaid wages that are the 
subject of the claims.
    ``(3) A <<NOTE: Deadline.>> class action suit for wages under this 
subsection must be commenced within three years after the later of--
            ``(A) the date of the end of the last voyage for which the 
        wages are claimed; or
            ``(B) the receipt, by a seaman who is a claimant in the 
        suit, of a payment of wages that are the subject of the suit 
        that is made in the ordinary course of employment.''.

[[Page 124 STAT. 3010]]

            (2) Deposits.--Section 10504 of such title is amended by 
        adding at the end the following:

    ``(f) Deposits in Seaman Account.--On written request signed by the 
seaman, a seaman employed on a passenger vessel capable of carrying more 
than 500 passengers may authorize, the master, owner, or operator of the 
vessel, or the employer of the seaman, to make deposits of wages of the 
seaman into a checking, savings, investment, or retirement account, or 
other account to secure a payroll or debit card for the seaman if--
            ``(1) the wages designated by the seaman for such deposit 
        are deposited in a United States or international financial 
        institution designated by the seaman;
            ``(2) such deposits in the financial institution are fully 
        guaranteed under commonly accepted international standards by 
        the government of the country in which the financial institution 
        is licensed;
            ``(3) a written wage statement or pay stub, including an 
        accounting of any direct deposit, is delivered to the seaman no 
        less often than monthly; and
            ``(4) while on board the vessel on which the seaman is 
        employed, the seaman is able to arrange for withdrawal of all 
        funds on deposit in the account in which the wages are 
        deposited.''.
SEC. 903. TECHNICAL CORRECTIONS.

    (a) Coast Guard and Maritime Transportation Act of 2006.--
Effective <<NOTE: Effective date.>>  with enactment of the Coast Guard 
and Maritime Transportation Act of 2006 (Public Law 109-241), such 
Act <<NOTE: 16 USC 460kkk note.>> is amended--
            (1) in section 311(b) (120 Stat. 530) <<NOTE: 46 USC 
        8104.>> by inserting ``paragraphs (1) and (2) of'' before 
        ``section 8104(o)'';
            (2) in section 603(a)(2) (120 Stat. 554) <<NOTE: 33 USC 
        2704.>> by striking ``33 U.S.C. 2794(a)(2)'' and inserting ``33 
        U.S.C. 2704(a)(2)'';
            (3) in section 901(r)(2) (120 Stat. 566) <<NOTE: 16 USC 
        777m.>> by striking ``the'' the second place it appears;
            (4) in section 902(c) (120 Stat. 566) <<NOTE: 41 USC 
        11.>> by inserting ``of the United States'' after ``Revised 
        Statutes'';
            (5) in section 902(e) (120 Stat. 567) <<NOTE: 41 USC 
        11.>> is amended--
                    (A) <<NOTE: 46 USC 2109.>> by inserting ``and'' 
                after the semicolon at the end of paragraph (1);
                    (B) by <<NOTE: 46 USC 6308.>> striking ``and'' at 
                the end of paragraph (2)(A); and
                    (C) by redesignating paragraphs (3) and (4) as 
                subparagraphs (C) and (D) of paragraph (2), 
                respectively, and aligning the left margin of such 
                subparagraphs with the left margin of subparagraph (A) 
                of paragraph (2);
            (6) in section 902(e)(2)(C) <<NOTE: 46 USC 6308.>> (as so 
        redesignated) by striking ``this section'' and inserting ``this 
        paragraph'';
            (7) in section 902(e)(2)(D) (as so redesignated) by striking 
        ``this section'' and inserting ``this paragraph'';
            (8) in section 902(h)(1) <<NOTE: 16 USC 460kkk.>> (120 Stat. 
        567)--
                    (A) by striking ``Bisti/De-Na-Zin'' and all that 
                follows through ``Protection'' and inserting ``Omnibus 
                Parks and Public Lands Management''; and
                    (B) by inserting a period after ``Commandant of the 
                Coast Guard''; and
            (9) in section 902(k) (120 Stat. 568) <<NOTE: 33 USC 
        494.>> is amended--

[[Page 124 STAT. 3011]]

                    (A) by inserting ``the Act of March 23, 1906, 
                commonly known as'' before ``the General Bridge'';
                    (B) by striking ``491)'' and inserting ``494),''; 
                and
                    (C) by inserting ``each place it appears'' before 
                ``and inserting''.

    (b) Title 14.--
            (1) The analysis for chapter 7 of title 14, United States 
        Code, is amended by adding <<NOTE: 14 USC 141.>> a period at the 
        end of the item relating to section 149.
            (2) The analysis for chapter 17 of title 14, United States 
        Code, is amended by <<NOTE: 14 USC 631.>> adding a period at the 
        end of the item relating to section 677.
            (3) The analysis for chapter 9 of title 14, United States 
        Code, is amended by adding <<NOTE: 14 USC 181.>> a period at the 
        end of the item relating to section 198.
            (4) Section 182 of title 14, United States Code, is amended 
        by striking the third sentence.

    (c) Title 46.--
            (1) The analysis for chapter 81 of title 46, United States 
        Code, is amended by adding a <<NOTE: 14 USC 8101.>> period at 
        the end of the item relating to section 8106.
            (2) Section 70105(c)(3)(C) of such title is amended by 
        striking ``National Intelligence Director'' and inserting 
        ``Director of National Intelligence''.

    (d) Deepwater Port Act of 1974.--Section 5(c)(2) of the Deepwater 
Port Act of 1974 (33 U.S.C. 1504(c)(2)) is amended by aligning the left 
margin of subparagraph (K) with the left margin of subparagraph (L).
    (e) Oil Pollution Act of 1990.--
            (1) Section 1004(a)(2) of the Oil Pollution Act of 1990 (33 
        U.S.C. 2704(a)(2)) is amended by striking the first comma 
        following ``$800,000''.
            (2) The table of sections in section 2 of such Act is 
        amended by inserting a period at the end of the item relating to 
        section 7002.

    (f) Coast Guard Authorization Act of 1996.--The table of sections in 
section 2 of the Coast Guard Authorization Act of 1996 is amended in the 
item relating to section 103 by striking ``reports'' and inserting 
``report''.
SEC. 904. MANNING REQUIREMENT.

    Section 421 of the Coast Guard and Maritime Transportation Act of 
2006 (Public Law 109-241; 120 Stat. 547) is amended--
            (1) in subsection (a), by striking ``in the 48-month period 
        beginning on the date of enactment of this Act if,'' and 
        inserting ``until the date of expiration of this section if,'';
            (2) in subsection (b), by striking ``Subsection (a)(1)'' and 
        inserting ``Subsection (a)'';
            (3) in subsection (d), by striking ``48 months after the 
        date of enactment of this Act.'' and inserting ``on December 31, 
        2012.''; and
            (4) by redesignating subsection (e) as subsection (f) and 
        inserting after subsection (d) the following:

    ``(e) Safety Inspections.--A <<NOTE: Deadline.>> vessel may not 
engage a foreign citizen to meet a manning requirement under this 
section unless it has an annual safety examination by an individual 
authorized to enforce part B of subtitle II of title 46, United States 
Code.''.

[[Page 124 STAT. 3012]]

SEC. 905. <<NOTE: 33 USC 494a.>> STUDY OF BRIDGES OVER NAVIGABLE 
                        WATERS.

    The Commandant of the Coast Guard shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
comprehensive study on the proposed construction or alteration of any 
bridge, drawbridge, or causeway over navigable waters with a channel 
depth of 25 feet or greater of the United States that may impede or 
obstruct future navigation to or from port facilities.
SEC. 906. LIMITATION ON JURISDICTION OF STATES TO TAX CERTAIN 
                        SEAMEN.

    Section 11108(b)(2)(B) of title 46, United States Code, is amended 
to read as follows:
                    ``(B) who performs regularly assigned duties while 
                engaged as a master, officer, or crewman on a vessel 
                operating on navigable waters in 2 or more States.''.
SEC. 907. LAND CONVEYANCE, COAST GUARD PROPERTY IN MARQUETTE 
                        COUNTY, MICHIGAN, TO THE CITY OF 
                        MARQUETTE, MICHIGAN.

    (a) Conveyance Authorized.--
            (1) In general.--The Commandant of the Coast Guard may 
        convey as surplus property, under section 550 of title 40, 
        United States Code, and other relevant Federal Laws governing 
        the disposal of Federal surplus property, to the City of 
        Marquette, Michigan (in this section referred to as the 
        ``City''), all right, title, and interest of the United States 
        in and to a parcel of real property, together with any 
        improvements thereon, located in Marquette County, Michigan, 
        that is under the administrative control of the Coast Guard, 
        consisting of approximately 5.5 acres of real property, as 
        depicted on the Van Neste survey (#204072), dated September 7, 
        2006, together with the land between the intermediate traverse 
        line as shown on such survey and the ordinary high water mark, 
        the total comprising 9 acres, more or less, and commonly 
        identified as Coast Guard Station Marquette and Lighthouse 
        Point.
            (2) Costs of conveyance.--The <<NOTE: Determination.>>  
        responsibility for all reasonable and necessary costs, including 
        real estate transaction and environmental documentation costs, 
        associated with the transaction shall be determined by the 
        Commandant of the Coast Guard and the City.

    (b) Retention of Certain Easements.--In conveying the property under 
subsection (a), the Commandant of the Coast Guard may retain such 
easements over the property as the Commandant considers appropriate for 
access to aids to navigation.
    (c) Limitations.--The property to be conveyed under subsection (a) 
may not be conveyed under that subsection until--
            (1) the Coast Guard has relocated Coast Guard Station 
        Marquette to a newly constructed station;
            (2) any environmental remediation required under Federal law 
        with respect to the property has been completed; and
            (3) the Commandant of the Coast Guard determines that 
        retention of the property by the United States is not required 
        to carry out Coast Guard missions or functions.

[[Page 124 STAT. 3013]]

    (d) Conditions of Transfer.--All conditions placed within the deed 
of title of the property to be conveyed under subsection (a) shall be 
construed as covenants running with the land.
    (e) Description of Property.--The exact acreage and legal 
description of the property to be conveyed under subsection (a) shall be 
determined by a survey satisfactory to the Commandant of the Coast 
Guard.
    (f) Additional Terms and Conditions.--The Commandant of the Coast 
Guard may require such additional terms and conditions in connection 
with the conveyance authorized by subsection (a) as the Commandant 
considers appropriate to protect the interests of the United States.
SEC. 908. MISSION REQUIREMENT ANALYSIS FOR NAVIGABLE PORTIONS OF 
                        THE RIO GRANDE RIVER, TEXAS, INTERNATIONAL 
                        WATER BOUNDARY.

    Not later than <<NOTE: Deadline.>> 90 days after the date of the 
enactment of this Act, the Secretary of the department in which the 
Coast Guard is operating shall prepare a mission requirement analysis 
for the navigable portions of the Rio Grande River, Texas, international 
water boundary. The analysis shall take into account the Coast Guard's 
involvement on the Rio Grande River by assessing Coast Guard missions, 
assets, and personnel assigned along the Rio Grande River. The analysis 
shall also identify what would be needed for the Coast Guard to increase 
search and rescue operations, migrant interdiction operations, and drug 
interdiction operations. In carrying <<NOTE: Reports.>> out this 
section, the Secretary shall work with all appropriate entities to 
facilitate the collection of information under this section as necessary 
and shall report the analysis to the Congress.
SEC. 909. CONVEYANCE OF COAST GUARD PROPERTY IN CHEBOYGAN, 
                        MICHIGAN.

    (a) Conveyance Authorized.--Notwithstanding any other provision of 
law, the Commandant of the Coast Guard is authorized to convey, at fair 
market value, all right, title, and interest of the United States in and 
to a parcel of real property, consisting of approximately 3 acres, more 
or less, that is under the administrative control of the Coast Guard and 
located at 900 S. Western Avenue in Cheboygan, Michigan.
    (b) Right of First Refusal.--The Cornerstone Christian Academy, 
located in Cheboygan, MI, shall have the right of first refusal to 
purchase, at fair market value, all or a portion of the real property 
described in subsection (a).
    (c) Description of Property.--The exact acreage and legal 
description of the property to be conveyed under subsection (a) shall be 
determined by a survey satisfactory to the Commandant of the Coast 
Guard.
    (d) Fair Market Value.--The fair market value of the property shall 
be--
            (1) determined by appraisal, in accordance with the Uniform 
        Appraisal Standards for Federal Land Acquisitions and the 
        Uniform Standards of Professional Appraisal Practice; and
            (2) subject to the approval of the Commandant.

    (e) Costs of Conveyance.--
The <<NOTE: Determination.>> responsibility for all reasonable and 
necessary costs, including real estate transaction and environmental 
documentation costs, associated with the transaction

[[Page 124 STAT. 3014]]

shall be determined by the Commandant of the Coast Guard and the 
purchaser.

    (f) Additional Terms and Conditions.--The Commandant of the Coast 
Guard may require such additional terms and conditions in connection 
with the conveyance under subsection (a) as is considered appropriate to 
protect the interests of the United States.
SEC. 910. ALTERNATIVE LICENSING PROGRAM FOR OPERATORS OF 
                        UNINSPECTED PASSENGER VESSELS ON LAKE 
                        TEXOMA IN TEXAS AND OKLAHOMA.

    (a) In General.--Upon <<NOTE: Contracts.>> the request of the 
Governor of the State of Texas or the Governor of the State of Oklahoma, 
the Secretary of the department in which the Coast Guard is operating 
shall enter into an agreement with the Governor of the State whereby the 
State shall license operators of uninspected passenger vessels operating 
on Lake Texoma in Texas and Oklahoma in lieu of the Secretary issuing 
the license pursuant to section 8903 of title 46, United States Code, 
and the regulations issued thereunder, but only if the State plan for 
licensing the operators of uninspected passenger vessels--
            (1) meets the equivalent standards of safety and protection 
        of the environment as those contained in subtitle II of title 
        46, United States Code, and regulations issued thereunder;
            (2) includes--
                    (A) standards for chemical testing for such 
                operators;
                    (B) physical standards for such operators;
                    (C) professional service and training requirements 
                for such operators; and
                    (D) criminal history background check for such 
                operators;
            (3) provides for the suspension and revocation of State 
        licenses;
            (4) makes an individual, who is ineligible for a license 
        issued under title 46, United States Code, ineligible for a 
        State license; and
            (5) provides for a report that includes--
                    (A) the number of applications that, for the 
                preceding year, the State rejected due to failure to--
                          (i) meet chemical testing standards;
                          (ii) meet physical standards;
                          (iii) meet professional service and training 
                      requirements; and
                          (iv) pass criminal history background check 
                      for such operators;
                    (B) the number of licenses that, for the preceding 
                year, the State issued;
                    (C) the number of license investigations that, for 
                the preceding year, the State conducted;
                    (D) the number of licenses that, for the preceding 
                year, the State suspended or revoked, and the cause for 
                such suspensions or revocations; and
                    (E) the number of injuries, deaths, collisions, and 
                loss or damage associated with uninspected passenger 
                vessels operations that, for the preceding year, the 
                State investigated.

    (b) Administration.--

[[Page 124 STAT. 3015]]

            (1) The Governor of the State may delegate the execution and 
        enforcement of the State plan, including the authority to 
        license and the duty to report information pursuant to 
        subsection (a), to any subordinate State officer. The Governor 
        shall provide, to the Secretary, written notice of any 
        delegation.
            (2) The <<NOTE: Notice. Deadline.>> Governor (or the 
        Governor's designee) shall provide written notice of any 
        amendment to the State plan no less than 45 days prior to the 
        effective date of such amendment.
            (3) At <<NOTE: Records.>> the request of the Secretary, the 
        Governor of the State (or the Governor's designee) shall grant, 
        on a biennial basis, the Secretary access to State records and 
        State personnel for the purpose of auditing State execution and 
        enforcement of the State plan.

    (c) Application.--
            (1) The requirements of section 8903 of title 46, United 
        States Code, and the regulations issued thereunder shall not 
        apply to any person operating under the authority of a State 
        license issued pursuant to an agreement under this section.
            (2) The State shall not compel a person, operating under the 
        authority of a license issued either by another State, pursuant 
        to a valid agreement under this section, or by the Secretary, 
        pursuant to section 8903 of title 46, United States Code, to--
                    (A) hold a license issued by the State, pursuant to 
                an agreement under this section; or
                    (B) pay any fee, associated with licensing, because 
                the person does not hold a license issued by the State, 
                pursuant to an agreement under this section.
        Nothing in this paragraph shall limit the authority of the State 
        to impose requirements or fees for privileges, other than 
        licensing, that are associated with the operation of uninspected 
        passenger vessels on Lake Texoma.
            (3) For the purpose of enforcement, if an individual is 
        issued a license--
                    (A) by a State, pursuant to an agreement entered 
                into under to this section; or
                    (B) by the Secretary, pursuant to section 8903 of 
                title 46, United States Code,
        then the individual shall be entitled to lawfully operate an 
        uninspected passenger vessel on Lake Texoma in Texas and 
        Oklahoma without further requirement to hold an additional 
        operator's license.

    (d) <<NOTE: Notices. Deadlines.>>  Termination.--
            (1) If--
                    (A) the Secretary finds that the State plan for the 
                licensing the operators of uninspected passenger 
                vessels--
                          (i) does not meet the equivalent standards of 
                      safety and protection of the environment as those 
                      contained in subtitle II of title 46, United 
                      States Code, and regulations issued thereunder;
                          (ii) does not include--
                                    (I) standards for chemical testing 
                                for such operators,
                                    (II) physical standards for such 
                                operators,
                                    (III) professional service and 
                                training requirements for such 
                                operators, or
                                    (IV) background and criminal 
                                investigations for such operators;

[[Page 124 STAT. 3016]]

                          (iii) does not provide for the suspension and 
                      revocation of State licenses; or
                          (iv) does not make an individual, who is 
                      ineligible for a license issued under title 46, 
                      United States Code, ineligible for a State 
                      license; or
                    (B) the Governor (or the Governor's designee) fails 
                to report pursuant to subsection (b),
        the Secretary shall terminate the agreement authorized by this 
        section, provided that the Secretary provides written notice to 
        the Governor of the State 60 days in advance of termination. The 
        findings of fact and conclusions of the Secretary, if based on a 
        preponderance of the evidence, shall be conclusive.
            (2) The Governor of the State may terminate the agreement 
        authorized by this section, provided that the Governor provides 
        written notice to the Secretary 60 days in advance of the 
        termination date.

    (e) Existing Authority.--Nothing in this section shall affect or 
diminish the authority or jurisdiction of any Federal or State officer 
to investigate, or require reporting of, marine casualties.
    (f) Definitions.--For the purposes of this section, the term 
``uninspected passenger vessel'' has the same meaning such term has in 
section 2101(42)(B) of title 46, United States Code.
SEC. 911. <<NOTE: Deadline. Reports.>> STRATEGY REGARDING DRUG 
                        TRAFFICKING VESSELS.

    Within 180 days after the date of enactment of this Act, the 
Secretary of the department in which the Coast Guard is operating, 
acting through the Commandant of the Coast Guard, shall submit a report 
to Congress on its comprehensive strategy to combat the illicit flow of 
narcotics, weapons, bulk cash, and other contraband through the use of 
submersible and semi-submersible vessels. The strategy shall be 
developed in coordination with other Federal agencies engaged in 
detection, interdiction, or apprehension of such vessels. At a minimum, 
the report shall include the following:
            (1) An assessment of the threats posed by submersible and 
        semi-submersible vessels, including the number of such vessels 
        that have been detected or interdicted.
            (2) Information regarding the Federal personnel, technology 
        and other resources available to detect and interdict such 
        vessels.
            (3) An explanation of the Coast Guard's plan, working with 
        other Federal agencies as appropriate, to detect and interdict 
        such vessels.
            (4) An assessment of additional personnel, technology, or 
        other resources necessary to address such vessels.
SEC. 912. USE OF FORCE AGAINST PIRACY.

    (a) In General.--Chapter 81 of title 46, United States Code, is 
amended by adding at the end the following new section:
``Sec. 8107. Use of force against piracy

    ``(a) Limitation on Liability.--An <<NOTE: Regulations.>> owner, 
operator, time charterer, master, mariner, or individual who uses force 
or authorizes the use of force to defend a vessel of the United States 
against an act of piracy shall not be liable for monetary damages for 
any injury or death caused by such force to any person engaging in an 
act of piracy if such force was in accordance with standard rules for 
the use of force in self-defense of vessels prescribed by the Secretary.

[[Page 124 STAT. 3017]]

    ``(b) Promotion of Coordinated Action.--
To <<NOTE: Contracts.>> carry out the purpose of this section, the 
Secretary of the department in which the Coast Guard is operating shall 
work through the International Maritime Organization to establish 
agreements to promote coordinated action among flag- and port-states to 
deter, protect against, and rapidly respond to piracy against the 
vessels of, and in the waters under the jurisdiction of, those nations, 
and to ensure limitations on liability similar to those established by 
subsection (a).

    ``(c) Definition.--For the purpose of this section, the term `act of 
piracy' means any act of aggression, search, restraint, depredation, or 
seizure attempted against a vessel of the United States by an individual 
not authorized by the United States, a foreign government, or an 
international organization recognized by the United States to enforce 
law on the high seas.''.
    (b) Clerical <<NOTE: 46 USC 8101.>> Amendment.--The analysis at the 
beginning of such chapter is amended by adding at the end the following 
new item:

``8107. Use of force against piracy.''.

    (c) Standard <<NOTE: 46 USC 8107 note.>> Rules for the Use of Force 
for Self-defense of Vessels of the United States.--
Not <<NOTE: Deadline.>> later than 180 days after the date of enactment 
of this act, the secretary of the department in which the coast guard is 
operating, in consultation with representatives of industry and labor, 
shall develop standard rules for the use of force for self-defense of 
vessels of the United States.
SEC. 913. TECHNICAL AMENDMENTS TO CHAPTER 313 OF TITLE 46, UNITED 
                        STATES CODE.

    (a) In General.--Chapter 313 of title 46, United States Code, is 
amended--
            (1) by striking ``of Transportation'' in sections 31302, 
        31306, 31321, 31330, and 31343 each place it appears;
            (2) by striking ``and'' after the semicolon in section 
        31301(5)(F);
            (3) by striking ``office.'' in section 31301(6) and 
        inserting ``office; and''; and
            (4) by adding at the end of section 31301 the following:
            ``(7) <<NOTE: Definition.>> `Secretary' means the Secretary 
        of the Department of Homeland Security, unless otherwise 
        noted.''.

    (b) Secretary as Mortgagee.--Section 31308 of such title is amended 
by striking ``When the Secretary of Commerce or Transportation is a 
mortgagee under this chapter, the Secretary'' and inserting ``The 
Secretary of Commerce or Transportation, as a mortgagee under this 
chapter,''.
    (c) Secretary of Transportation.--Section 31329(d) of such title is 
amended by striking ``Secretary.'' and inserting ``Secretary of 
Transportation.''.
    (d) Mortgagee.--
            (1) Section 31330(a)(1) of such title, as amended by 
        subsection (a)(1) of this section, is amended--
                    (A) by inserting ``or'' after the semicolon in 
                subparagraph (B);
                    (B) by striking ``Secretary; or'' in subparagraph 
                (C) and inserting ``Secretary.''; and
                    (C) by striking subparagraph (D).
            (2) Section 31330(a)(2) is amended--

[[Page 124 STAT. 3018]]

                    (A) by inserting ``or'' after the semicolon in 
                subparagraph (B);
                    (B) by striking ``faith; or'' in subparagraph (C) 
                and inserting ``faith.''; and
                    (C) by striking subparagraph (D).
SEC. 914. <<NOTE: 14 USC 92 note.>> CONVEYANCE OF COAST GUARD 
                        VESSELS FOR PUBLIC PURPOSES.

    (a) In General.--Whenever the transfer of ownership of a Coast Guard 
vessel or aircraft to an eligible entity for use for educational, 
cultural, historical, charitable, recreational, or other public purposes 
is authorized by law or declared excess by the Commandant, the Coast 
Guard shall transfer the vessel or aircraft to the General Services 
Administration for conveyance to the eligible entity.
    (b) Conditions of Conveyance.--The General Services Administration 
may not convey a vessel or aircraft to an eligible entity as authorized 
by law unless the eligible entity agrees--
            (1) to provide the documentation needed by the General 
        Services Administration to process a request for aircraft or 
        vessels under section 102.37.225 of title 41, Code of Federal 
        Regulations;
            (2) to comply with the special terms, conditions, and 
        restrictions imposed on aircraft and vessels under section 
        102.37.460 of such title;
            (3) to make the vessel available to the United States 
        Government if it is needed for use by the Commandant of the 
        Coast Guard in time of war or a national emergency; and
            (4) to hold the United States Government harmless for any 
        claims arising from exposure to hazardous materials, including 
        asbestos and polychlorinated biphenyls, that occurs after 
        conveyance of the vessel, except for claims arising from use of 
        the vessel by the United States Government under paragraph (3).

    (c) Other Obligations Unaffected.--Nothing in this section amends or 
affects any obligation of the Coast Guard or any other person under the 
Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or any other law 
regarding use or disposal of hazardous materials including asbestos and 
polychlorinated biphenyls.
    (d) Eligible Entity Defined.--In this section, the term ``eligible 
entity'' means a State or local government, nonprofit corporation, 
educational agency, community development organization, or other entity 
that agrees to comply with the conditions established under this 
section.
SEC. 915. ASSESSMENT OF CERTAIN AIDS TO NAVIGATION AND TRAFFIC 
                        FLOW.

    (a) Information on Usage.--Within <<NOTE: Deadline.>> 60 days after 
the date of enactment of this Act, the Commandant of the Coast Guard 
shall--
            (1) <<NOTE: Determination.>> determine the types and numbers 
        of vessels typically transiting or utilizing that portion of the 
        Atlantic Intracoastal Waterway beginning at a point that is due 
        East of the outlet of the Cutler Drain Canal C-100 in Dade 
        County, Florida, and ending at the Dade County line, during a 
        period of 30 days; and

[[Page 124 STAT. 3019]]

            (2) provide the information on usage compiled under this 
        subsection to the Senate Committee on Commerce, Science, and 
        Transportation and the House of Representatives Committee on 
        Transportation and Infrastructure.

    (b) Assessment <<NOTE: Deadline.>> of Certain Aids to Navigation.--
Within 90 days after the date of enactment of this Act, the Commandant 
of the Coast Guard shall--
            (1) review and assess the buoys, markers, and other aids to 
        navigation in and along that portion of the Atlantic 
        Intracoastal Waterway specified in subsection (a), to determine 
        the adequacy and sufficiency of such aids, and the need to 
        replace such aids, install additional aids, or both; and
            (2) <<NOTE: Reports.>> submit a report on the assessment 
        required by this section to the committees.

    (c) Submission of <<NOTE: Deadline.>> Plan.--Within 180 days after 
the date of enactment of this Act, the Commandant shall submit a plan to 
the committees to address the needs identified under subsection (b).
SEC. 916. FRESNEL LENS FROM PRESQUE ISLE LIGHT STATION IN PRESQUE 
                        ISLE, MICHIGAN.

    (a) Determination; Analyses.--
            (1) Determination.--The Commandant of the Coast Guard shall 
        determine the necessity and adequacy of the existing Federal 
        aids to navigation at Presque Isle Light Station, Presque Isle, 
        Michigan (hereinafter ``Light Station''), and submit such 
        determination to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the Committee 
        on Commerce, Science, and Transportation of the Senate. The 
        Commandant may base such determination on the Waterways Analysis 
        and Management System study of such Federal aid to navigation, 
        provided that such study was completed not more than 1 year 
        prior to the date of enactment of this section.
            (2) Analyses.--The Commandant of the Coast Guard shall 
        conduct--
                    (A) an analysis of the feasibility of restoring the 
                Fresnel Lens from the Light Station to operating 
                condition, the capacity of the Coast Guard to maintain 
                the Fresnel Lens as a Federal aid to navigation, and the 
                impact on the Fresnel Lens as an artifact if used as a 
                Federal aid to navigation; and
                    (B) a comparative analysis of the cost of restoring, 
                reinstalling, operating, and maintaining the Fresnel 
                Lens (including life-cycle costs) and the cost of 
                operating and maintaining the existing Federal aid to 
                navigation at the Light Station (including life-cycle 
                costs).
            (3) Submission.--Not <<NOTE: Deadline.>> later than 1 year 
        after the date of enactment of this section, the Commandant of 
        the Coast Guard shall submit the determination and analyses, 
        conducted pursuant to this subsection, to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate.

    (b) Transfer Possession of Lens Authorized.--
            (1) Transfer of possession.--Notwithstanding any other 
        provision of law, the Commandant of the Coast Guard may

[[Page 124 STAT. 3020]]

        transfer to the Township of Presque Isle, Michigan (hereinafter 
        ``Township''), possession of the Fresnel Lens from the Light 
        Station for the purpose of conserving and displaying such 
        Fresnel Lens as an artifact in an exhibition facility at or near 
        the Light Station.
            (2) Condition.--As a condition of the transfer of possession 
        pursuant to paragraph (1)--
                    (A) all Federal aids to navigation located at, on, 
                or in the Light Station in operation on the date of 
                transfer of possession shall remain the personal 
                property of the United States and continue to be 
                operated and maintained by the United States for as long 
                as needed for navigational purposes;
                    (B) there is reserved to the United States the right 
                to maintain, remove, replace, or install any Federal aid 
                to navigation located at, on, or in the Light Station as 
                may be necessary for navigational purposes; and
                    (C) the Township shall neither interfere nor allow 
                interference in any manner with any Federal aid to 
                navigation, nor hinder activities required for the 
                operation and maintenance of any Federal aid to 
                navigation.
            (3) Alternative display.--
                    (A) In the event that--
                          (i) the Commandant of the Coast Guard, 
                      pursuant to a Waterways Analysis and Management 
                      System study, discontinues the existing Federal 
                      aids to navigation at, on, or in the Light 
                      Station; and
                          (ii) the Township demonstrates to the 
                      satisfaction of the Commandant that the Township 
                      can restore, reinstall, and display the Fresnel 
                      Lens from the Light Station in the lantern room of 
                      such Light Station in a manner that conserves such 
                      Fresnel Lens as an artifact,
                the Township is authorized, notwithstanding paragraph 
                (1), to display such Fresnel Lens in the lantern room of 
                such Light Station.
                    (B) Nothing in this paragraph shall be construed to 
                prevent the Township from installing a replica of the 
                Fresnel Lens in the lantern room of such Light Station.

    (c) Conveyance, Transfer of Additional Personal Property.--
Notwithstanding any other provision of law, the Commandant may convey or 
transfer possession of any personal property of the United States, 
pertaining to the Fresnel Lens or the Light Station, as an artifact to 
the Township.
    (d) Terms; Reversionary Interest.--As a condition of transfer of 
possession of personal property of the United States, pursuant to 
subsection (c), the Commandant may require the Township to comply with 
terms and conditions necessary to protect and conserve such personal 
property. Upon notice that the Commandant has determined that the 
Township has not complied with such terms and conditions, the Township 
shall immediately transfer possession of such personal property to the 
Coast Guard, except to the extent otherwise approved by the Commandant.
    (e) Conveyance Without Consideration.--The conveyance or transfer of 
possession of any personal property of the United States (including the 
Fresnel Lens) under this section shall be without consideration.

[[Page 124 STAT. 3021]]

    (f) Delivery of Property.--The Commandant shall deliver any personal 
property, conveyed or transferred pursuant to this section (including 
the Fresnel Lens)--
            (1) at the place where such property is located on the date 
        of the conveyance;
            (2) in condition on the date of conveyance; and
            (3) without cost to the United States.

    (g) Maintenance of <<NOTE: Contracts.>> Property.--As a condition of 
the transfer of possession of the Fresnel Lens and any other personal 
property of the United States to the Township under this section, the 
Commandant shall enter into an agreement with the Township under which 
the Township agrees to hold the United States harmless for any claim 
arising with respect to the Fresnel Lens or such personal property.

    (h) Limitation on Future Transfers.--The instruments providing for 
the transfer of possession of the Fresnel Lens or any other personal 
property of the United States under this section shall--
            (1) require that any further transfer of an interest in the 
        Fresnel Lens or personal property may not be made without the 
        advance approval of the Commandant; and
            (2) <<NOTE: Determination.>> provide that, if the Commandant 
        determines that an interest in the Fresnel Lens or personal 
        property was transferred without such approval--
                    (A) all right, title, and interest in the Fresnel 
                Lens or personal property shall revert to the United 
                States, and the United States shall have the right to 
                immediate possession of the Fresnel Lens or personal 
                property; and
                    (B) <<NOTE: Payments.>> the recipient of the Fresnel 
                Lens or personal property shall pay the United States 
                for costs incurred by the United States in recovering 
                the Fresnel Lens or personal property.

    (i) Additional Terms and Conditions.--The Commandant may require 
such additional terms and conditions in connection with the conveyance 
or transfer of personal property of the United States (including the 
Fresnel Lens) authorized by this section as the Commandant considers 
appropriate to protect the interests of the United States.
SEC. 917. MARITIME LAW ENFORCEMENT.

    (a) Penalties.--Subsection (b) of section 2237 of title 18, United 
States Code, is amended to read as follows:
    ``(b)(1) Except as otherwise provided in this subsection, whoever 
knowingly violates subsection (a) shall be fined under this title or 
imprisoned for not more than 5 years, or both.
    ``(2)(A) If the offense is one under paragraph (1) or (2)(A) of 
subsection (a) and has an aggravating factor set forth in subparagraph 
(B) of this paragraph, the offender shall be fined under this title or 
imprisoned for any term of years or life, or both.
    ``(B) The aggravating factor referred to in subparagraph (A) is that 
the offense--
            ``(i) results in death; or
            ``(ii) involves--
                    ``(I) an attempt to kill;
                    ``(II) kidnapping or an attempt to kidnap; or
                    ``(III) an offense under section 2241.

[[Page 124 STAT. 3022]]

    ``(3) If the offense is one under paragraph (1) or (2)(A) of 
subsection (a) and results in serious bodily injury (as defined in 
section 1365), the offender shall be fined under this title or 
imprisoned for not more than 15 years, or both.
    ``(4) If the offense is one under paragraph (1) or (2)(A) of 
subsection (a), involves knowing transportation under inhumane 
conditions, and is committed in the course of a violation of section 274 
of the Immigration and Nationality Act, or chapter 77 or section 113 
(other than under subsection (a)(4) or (a)(5) of such section) or 117 of 
this title, the offender shall be fined under this title or imprisoned 
for not more than 15 years, or both.''.
    (b) Definition.--Section 2237(e) of title 18, United States Code, is 
amended--
            (1) by amending paragraph (3) to read as follows:
            ``(3) the term `vessel subject to the jurisdiction of the 
        United States' has the meaning given the term in section 70502 
        of title 46;'';
            (2) in paragraph (4), by striking ``section 2 of the 
        Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903).'' and 
        inserting ``section 70502 of title 46; and''; and
            (3) by adding at the end the following new paragraph:
            ``(5) the term `transportation under inhumane conditions' 
        means--
                    ``(A) transportation--
                          ``(i) of one or more persons in an engine 
                      compartment, storage compartment, or other 
                      confined space;
                          ``(ii) at an excessive speed; or
                          ``(iii) of a number of persons in excess of 
                      the rated capacity of the vessel; or
                    ``(B) intentional grounding of a vessel in which 
                persons are being transported.''.
SEC. 918. <<NOTE: 14 USC 663 note.>> CAPITAL INVESTMENT PLAN.

    The Commandant of the Coast Guard shall submit to the Committee on 
Transportation and Infrastructure and the Committee on Commerce, 
Science, and Transportation of the Senate the Coast Guard's 5-year 
capital investment plan concurrent with the President's budget 
submission for each fiscal year.
SEC. 919. REPORTS.

    Notwithstanding any other provision of law, in fiscal year 2011 the 
total amount of appropriated funds obligated or expended by the Coast 
Guard during any fiscal year in connection with any study or report 
required by law may not exceed the total amount of appropriated funds 
obligated or expended by the Coast Guard for such purpose in fiscal year 
2010. <<NOTE: Web posting.>> In order to comply with the requirements of 
this limitation, the Commandant of the Coast Guard shall establish for 
each fiscal year a rank order of priority for studies and reports that 
can be conducted or completed during the fiscal year consistent with 
this limitation and shall post the list on the Coast Guard's public 
website.
SEC. 920. COMPLIANCE PROVISION.

    The budgetary effects of this Act, for purposes of complying with 
the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, jointly submitted for printing in the 
Congressional Record by the Chairmen of the House and

[[Page 124 STAT. 3023]]

Senate Budget Committees, provided that such statement has been 
submitted prior to the vote on passage in the House acting first on this 
conference report or amendments between the Houses.
SEC. 921. CONVEYANCE OF COAST GUARD PROPERTY IN PORTLAND, MAINE.

    Section 347 of the Maritime Transportation Security Act of 2002 (116 
Stat. 2108; as amended by section 706 of Public Law 109-347 (120 Stat. 
1946)) is amended in subsection (i), by adding at the end the following 
new paragraph:
            ``(3) Public aquarium.--For <<NOTE: Definition.>> purposes 
        of this section, the term `aquarium' or `public aquarium' as 
        used in this section or in the deed delivered to the Corporation 
        or any agreement entered into pursuant to this section, means 
        any new building constructed by the Corporation adjacent to the 
        pier and bulkhead in compliance with the waterfront provisions 
        of the City of Portland Code of Ordinances.''.

                          TITLE X--CLEAN HULLS

                     Subtitle A--General Provisions

SEC. 1011. <<NOTE: 33 USC 3801.>> DEFINITIONS.

    In this title:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Antifouling system.--The term ``antifouling system'' 
        means a coating, paint, surface treatment, surface, or device 
        that is used or intended to be used on a vessel to control or 
        prevent attachment of unwanted organisms.
            (3) Convention.--The term ``Convention'' means the 
        International Convention on the Control of Harmful Anti-Fouling 
        Systems on Ships, 2001, including its annexes, and including any 
        amendments to the Convention or annexes which have entered into 
        force for the United States.
            (4) FPSO.--The term ``FPSO'' means a floating production, 
        storage, or offloading unit.
            (5) FSU.--The term ``FSU'' means a floating storage unit.
            (6) Gross tonnage.--The term ``gross tonnage'' as defined in 
        chapter 143 of title 46, United States Code, means the gross 
        tonnage calculated in accordance with the tonnage measurement 
        regulations contained in annex 1 to the International Convention 
        on Tonnage Measurement of Ships, 1969.
            (7) International voyage.--The term ``international voyage'' 
        means a voyage by a vessel entitled to fly the flag of one 
        country to or from a port, shipyard, offshore terminal, or other 
        place under the jurisdiction of another country.
            (8) Organotin.--The term ``organotin'' means any compound or 
        additive of tin bound to an organic ligand, that is used or 
        intended to be used as biocide in an antifouling system.
            (9) Person.--The term ``person'' means--
                    (A) any individual, partnership, association, 
                corporation, or organized group of persons whether 
                incorporated or not;
                    (B) any department, agency, or instrumentality of 
                the United States, except as provided in section 
                3(b)(2); or

[[Page 124 STAT. 3024]]

                    (C) any other government entity.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of the department in which the Coast Guard is operating.
            (11) Sell or distribute.--The term ``sell or distribute'' 
        means to distribute, sell, offer for sale, hold for 
        distribution, hold for sale, hold for shipment, ship, deliver 
        for shipment, release for shipment, import, export, hold for 
        import, hold for export, or receive and (having so received) 
        deliver or offer to deliver.
            (12) Vessel.--The term ``vessel'' has the meaning given that 
        term in section 3 of title 1, United States Code, including 
        hydrofoil boats, air cushion watercraft, submersibles, floating 
        craft, fixed or floating platforms, floating storage units, and 
        floating production, storage, and offloading units.
            (13) Territorial sea.--The term ``territorial sea'' means 
        the territorial sea as described in Presidential Proclamation 
        No. 5928 on December 27, 1988.
            (14) United states.--The term ``United States'' means the 
        several States of the United States, the District of Columbia, 
        Puerto Rico, Guam, American Samoa, the Virgin Islands, the 
        Commonwealth of the Northern Marianas, and any other territory 
        or possession over which the United States has jurisdiction.
            (15) Use.--The term ``use'' includes application, 
        reapplication, installation, or any other employment of an 
        antifouling system.
SEC. 1012. <<NOTE: 33 USC 3802.>> COVERED VESSELS.

    (a) Included Vessel.--Except as provided in subsection (b), after 
the Convention enters into force for the United States, the following 
vessels are subject to the requirements of this title:
            (1) A vessel documented under chapter 121 of title 46, 
        United States Code, or one operated under the authority of the 
        United States, wherever located.
            (2) Any vessel permitted by a Federal agency to operate on 
        the Outer Continental Shelf.
            (3) Any other vessel when--
                    (A) in the internal waters of the United States;
                    (B) in any port, shipyard, offshore terminal, or 
                other place in the United States;
                    (C) lightering in the territorial sea; or
                    (D) to the extent consistent with international law, 
                anchoring in the territorial sea of the United States.

    (b) Excluded Vessels.--
            (1) In general.--The following vessels are not subject to 
        the requirements of this title:
                    (A) Any warship, naval auxiliary, or other vessel 
                owned or operated by a foreign state, and used, for the 
                time being, only on government noncommercial service.
                    (B) Except as provided in paragraph (2), any 
                warship, naval auxiliary, or other vessel owned or 
                operated by the United States and used for the time 
                being only on government noncommercial service.
            (2) Application to united states government vessels.--
                    (A) In general.--The Administrator may apply any 
                requirement of this title to one or more classes of 
                vessels described in paragraph (1)(B), if the head of 
                the Federal

[[Page 124 STAT. 3025]]

                department or agency under which those vessels operate 
                concurs in that application.
                    (B) Limitation for combat-related vessel.--
                Subparagraph (A) shall not apply to combat-related 
                vessels.
SEC. 1013. ADMINISTRATION AND ENFORCEMENT.

    (a) In General.--Unless otherwise specified in this title, with 
respect to a vessel, the Secretary shall administer and enforce the 
Convention and this title.
    (b) Administrator.--Except with respect to section 1031(b) and (c), 
the Administrator shall administer and enforce subtitle C.
    (c) Regulations.--The Administrator and the Secretary may each 
prescribe and enforce regulations as may be necessary to carry out their 
respective responsibilities under this title.
SEC. 1014. COMPLIANCE WITH INTERNATIONAL LAW.

    Any action taken under this title shall be taken in accordance with 
treaties to which the United States is a party and other international 
obligations of the United States.
SEC. 1015. UTILIZATION OF PERSONNEL, FACILITIES OR EQUIPMENT OF 
                          OTHER FEDERAL DEPARTMENTS AND AGENCIES.

    The Secretary and the Administrator may utilize by agreement, with 
or without reimbursement, personnel, facilities, or equipment of other 
Federal departments and agencies in administering the Convention, this 
title, or any regulations prescribed under this title.

              Subtitle B--Implementation of the Convention

SEC. 1021. <<NOTE: 33 USC 3821.>> CERTIFICATES.

    (a) Certificate Required.--On entry into force of the Convention for 
the United States, any vessel of at least 400 gross tons that engages in 
one or more international voyages (except fixed or floating platforms, 
FSUs, and FPSOs) shall carry an International Antifouling System 
Certificate.
    (b) Issuance of Certificate.--On entry into force of the Convention, 
on a finding that a successful survey required by the Convention has 
been completed, a vessel of at least 400 gross tons that engages in at 
least one international voyage (except fixed or floating platforms, 
FSUs, and FPSOs) shall be issued an International Antifouling System 
Certificate. The Secretary may issue the Certificate required by this 
section. The Secretary may delegate this authority to an organization 
that the Secretary determines is qualified to undertake that 
responsibility.
    (c) Maintenance of Certificate.--The Certificate required by this 
section shall be maintained as required by the Secretary.
    (d) Certificates Issued by Other Party Countries.--A Certificate 
issued by any country that is a party to the Convention has the same 
validity as a Certificate issued by the Secretary under this section.
    (e) Vessels of Nonparty Countries.--Notwithstanding subsection (a), 
a vessel of at least 400 gross tons, having the nationality of or 
entitled to fly the flag of a country that is not a party

[[Page 124 STAT. 3026]]

to the Convention, may demonstrate compliance with this title through 
other appropriate documentation considered acceptable by the Secretary.
SEC. 1022. <<NOTE: 33 USC 3822.>> DECLARATION.

    (a) Requirements.--On entry into force of the Convention for the 
United States, a vessel of at least 24 meters in length, but less than 
400 gross tons engaged on an international voyage (except fixed or 
floating platforms, FSUs, and FPSOs) must carry a declaration described 
in subsection (b) that is signed by the owner or owner's authorized 
agent. That declaration shall be accompanied by appropriate 
documentation, such as a paint receipt or a contractor invoice, or 
contain an appropriate endorsement.
    (b) Content of Declaration.--The declaration must contain a clear 
statement that the antifouling system on the vessel complies with the 
Convention. The Secretary may prescribe the form and other requirements 
of the declaration.
SEC. 1023. <<NOTE: 33 USC 3823.>> OTHER COMPLIANCE DOCUMENTATION.

    In addition to the requirements under sections 1021 and 1022, the 
Secretary may require vessels to hold other documentation considered 
necessary to verify compliance with this title.
SEC. 1024. <<NOTE: 33 USC 3824.>> PROCESS FOR CONSIDERING 
                          ADDITIONAL CONTROLS.

    (a) Actions by Administrator.--The Administrator may--
            (1) participate in the technical group described in Article 
        7 of the Convention, and in any other body convened pursuant to 
        the Convention for the consideration of new or additional 
        controls on antifouling systems;
            (2) evaluate any risks of adverse effects on nontarget 
        organisms or human health presented by a given antifouling 
        system such that the amendment of annex 1 of the Convention may 
        be warranted;
            (3) undertake an assessment of relevant environmental, 
        technical, and economic considerations necessary to evaluate any 
        proposals for new or additional controls of antifouling systems 
        under the Convention, including benefits in the United States 
        and elsewhere associated with the production and use in the 
        United States and elsewhere, of the subject antifouling system; 
        and
            (4) develop recommendations based on that assessment.

    (b) Referrals to Technical Group.--
            (1) Convening <<NOTE: Public information.>> of shipping 
        coordinating committee.--On referral of any antifouling system 
        to the technical group described in article 7 of the Convention 
        for consideration of new or additional controls, the Secretary 
        of State shall convene a public meeting of the Shipping 
        Coordinating Committee for the purpose of receiving information 
        and comments regarding controls on such 
        antifouling <<NOTE: Federal Register, publication. Notice. Web 
        posting.>> system. The Secretary of State shall publish advance 
        notice of such meeting in the Federal Register and on the State 
        Department's Web site. The Administrator shall assemble and 
        maintain a public docket containing notices pertaining to that 
        meeting, any comments responding to those notices, the minutes 
        of that meeting, and materials presented at that meeting.
            (2) Report by technical group.--The Administrator shall 
        promptly make any report by the technical group described in the 
        Convention available to the public through the docket

[[Page 124 STAT. 3027]]

        established pursuant to subsection (b) and announce the 
        availability of that report in the Federal <<NOTE: Public 
        comments.>> Register. The Administrator shall provide an 
        opportunity for public comment on the report for a period of not 
        less than 30 days from the time the availability of the report 
        is announced in the Federal Register.
            (3) Consideration of comments.--To the extent practicable, 
        the Administrator shall take any comments into consideration in 
        developing recommendations under subsection (a).
SEC. 1025. <<NOTE: 33 USC 3825.>> SCIENTIFIC AND TECHNICAL 
                          RESEARCH AND MONITORING; COMMUNICATION 
                          AND INFORMATION.

    The Secretary, the Administrator, and the Administrator of the 
National Oceanic and Atmospheric Administration may each undertake 
scientific and technical research and monitoring pursuant to article 8 
of the Convention and to promote the availability of relevant 
information concerning--
            (1) scientific and technical activities undertaken in 
        accordance with the Convention;
            (2) marine scientific and technological programs and their 
        objectives; and
            (3) the effects observed from any monitoring and assessment 
        programs relating to antifouling systems.
SEC. 1026. <<NOTE: 33 USC 3826.>> COMMUNICATION AND EXCHANGE OF 
                          INFORMATION.

    (a) In General.--Except as provided in subsection (b), with respect 
to those antifouling systems regulated by the Administrator, the 
Administrator shall provide to any party to the Convention that requests 
it, relevant information on which the decision to regulate was based, 
including information provided for in annex 3 to the Convention, or 
other information suitable for making an appropriate evaluation of the 
antifouling system.
    (b) Limitation.--This section shall not be construed to authorize 
the provision of information the disclosure of which is otherwise 
prohibited by law.

           Subtitle C--Prohibitions and Enforcement Authority

SEC. 1031. <<NOTE: 33 USC 3841.>> PROHIBITIONS.

    (a) In General.--Notwithstanding any other provision of law, it is 
unlawful for any person--
            (1) to act in violation of this title, or any regulation 
        prescribed under this title;
            (2) to sell or distribute in domestic or international 
        commerce organotin or an antifouling system containing 
        organotin;
            (3) to manufacture, process, or use organotin to formulate 
        an antifouling system;
            (4) to apply an antifouling system containing organotin on 
        any vessel to which this title applies; or
            (5) after the Convention enters into force for the United 
        States, to apply or otherwise use in a manner inconsistent with 
        the Convention, an antifouling system on any vessel that is 
        subject to this title.

    (b) Vessel Hulls.--Except as provided in subsection (c), no vessel 
shall bear on its hull or outer surface any antifouling system 
containing organotin, regardless of when such system was applied,

[[Page 124 STAT. 3028]]

unless that vessel bears an overcoating which forms a barrier to 
organotin leaching from the underlying antifouling system.
    (c) Limitations.--
            (1) Excepted vessel.--Subsection (b) does not apply to fixed 
        or floating platforms, FSUs, or FPSOs that were constructed 
        prior to January 1, 2003, and that have not been in dry dock on 
        or after that date.
            (2) Sale, manufacture, etc.--This section does not apply 
        to--
                    (A) the sale, distribution, or use pursuant to any 
                agreement between the Administrator and any person that 
                results in an earlier prohibition or cancellation date 
                than specified in this title; or
                    (B) the manufacture, processing, formulation, sale, 
                distribution, or use of organotin or antifouling systems 
                containing organotin used or intended for use only for 
                sonar domes or in conductivity sensors in oceanographic 
                instruments.
SEC. 1032. <<NOTE: 33 USC 3842.>> INVESTIGATIONS AND INSPECTIONS 
                          BY SECRETARY.

    (a) In General.--The Secretary may conduct investigations and 
inspections regarding a vessel's compliance with this title or the 
Convention.
    (b) Violations; Subpoenas.--
            (1) In general.--In any investigation under this section, 
        the Secretary may issue a subpoena to require the attendance of 
        a witness or the production of documents or other evidence if--
                    (A) before the issuance of the subpoena, the 
                Secretary requests a determination by the Attorney 
                General of the United States as to whether the subpoena 
                will interfere with a criminal investigation; and
                    (B) the Attorney General--
                          (i) <<NOTE: Determination.>> determines that 
                      the subpoena will not interfere with a criminal 
                      investigation; or
                          (ii) <<NOTE: Deadline.>> fails to make a 
                      determination under clause (i) before the date 
                      that is 30 days after the date on which the 
                      Secretary makes a request under subparagraph (A).
            (2) Enforcement.--In the case of refusal to obey a subpoena 
        issued to any person under this subsection, the Secretary may 
        request the Attorney General to invoke the aid of the 
        appropriate district court of the United States to compel 
        compliance.

    (c) Further Action.--On completion of an investigation, the 
Secretary may take whatever further action the Secretary considers 
appropriate under the Convention or this title.
    (d) Cooperation.--The Secretary may cooperate with other parties to 
the Convention in the detection of violations and in enforcement of the 
Convention. Nothing in this section affects or alters requirements under 
any other laws.
SEC. 1033. <<NOTE: 33 USC 3843.>> EPA ENFORCEMENT.

    (a) Inspections, Subpoenas.--
            (1) In general.--For purposes of enforcing this title or any 
        regulation prescribed under this title, officers or employees of 
        the Environmental Protection Agency or of any State designated 
        by the Administrator may enter at reasonable times

[[Page 124 STAT. 3029]]

        any location where there is being held or may be held organotin 
        or any other substance or antifouling system regulated under the 
        Convention, for the purpose of inspecting and obtaining samples 
        of any containers or labeling for organotin or other substance 
        or system regulated under the Convention.
            (2) Subpoenas.--
                    (A) In general.--In any investigation under this 
                section, the Administrator may issue a subpoena to 
                require the attendance of a witness or the production of 
                documents or other evidence if--
                          (i) before <<NOTE: Determination.>> the 
                      issuance of the subpoena, the Administrator 
                      requests a determination by the Attorney General 
                      of the United States as to whether the subpoena 
                      will interfere with a criminal investigation; and
                          (ii) the Attorney General--
                                    (I) determines that the subpoena 
                                will not interfere with a criminal 
                                investigation; or
                                    (II) <<NOTE: Deadline.>> fails to 
                                make a determination under subclause (I) 
                                before the date that is 30 days after 
                                the date on which the Administrator 
                                makes a request under clause (i).
                    (B) Enforcement.--In the case of refusal to obey a 
                subpoena issued to any person under this paragraph, the 
                Administrator may request the Attorney General to invoke 
                the aid of the appropriate district court of the United 
                States to compel compliance.

    (b) Stop Manufacture, Sale, Use, or Removal Orders.--Consistent with 
section 1013, whenever any organotin or other substance or system 
regulated under the Convention is found by the Administrator and there 
is reason to believe that a manufacturer, seller, distributor, or user 
has violated or is in violation of any provision of this title, or that 
such organotin or other substance or system regulated under the 
Convention has been or is intended to be manufactured, distributed, 
sold, or used in violation of this title, the Administrator may issue a 
stop manufacture, sale, use, or removal order to any person that owns, 
controls, or has custody of such organotin or other substance or system 
regulated under the Convention. After receipt of that order the person 
may not manufacture, sell, distribute, use, or remove the organotin or 
other substance or system regulated under the Convention described in 
the order except in accordance with the order.
SEC. 1034. ADDITIONAL AUTHORITY OF THE ADMINISTRATOR.

    The Administrator, in consultation with the Secretary, may 
establish, as necessary, terms and conditions regarding the removal and 
disposal of antifouling systems prohibited or restricted under this 
title.

        Subtitle D--Action on Violation, Penalties, and Referrals

SEC. 1041. <<NOTE: 33 USC 3851.>> CRIMINAL ENFORCEMENT.

    Any person who knowingly violates paragraph (2), (3), (4), or (5) of 
section 1031(a) or section 1031(b) shall be fined under

[[Page 124 STAT. 3030]]

title 18, United States Code, or imprisoned not more than 6 years, or 
both.
SEC. 1042. <<NOTE: 33 USC 3852.>> CIVIL ENFORCEMENT.

    (a) Civil Penalty.--
            (1) In general.--Any person who is found by the Secretary or 
        the Administrator, as appropriate, after notice and an 
        opportunity for a hearing, to have--
                    (A) violated the Convention, this title, or any 
                regulation prescribed under this title, is liable to the 
                United States Government for a civil penalty of not more 
                than $37,500 for each violation; or
                    (B) made a false, fictitious, or fraudulent 
                statement or representation in any matter in which a 
                statement or representation is required to be made to 
                the Secretary under the Convention, this title, or any 
                regulations prescribed under this title, is liable to 
                the United States for a civil penalty of not more than 
                $50,000 for each such statement or representation.
            (2) Relationship to other law.--This subsection shall not 
        limit or affect the authority of the Government under section 
        1001 of title 18, United States Code.

    (b) Assessment of Penalty.--The <<NOTE: Notice.>> amount of the 
civil penalty shall be assessed by the Secretary or Administrator, as 
appropriate, by written notice.

    (c) Limitation for Recreational Vessel.--A civil penalty imposed 
under subsection (a) against the owner or operator of a recreational 
vessel, as that term is defined in section 2101 of title 46, United 
States Code, for a violation of the Convention, this title, or any 
regulation prescribed under this title involving that recreational 
vessel, may not exceed $5,000 for each violation.
    (d) Determination of Penalty.--For purposes of penalties under this 
section, each day of a continuing violation constitutes a separate 
violation. In determining the amount of the penalty, the Secretary or 
Administrator shall take into account the nature, circumstances, extent, 
and gravity of the prohibited acts committed and, with respect to the 
violator, the degree of culpability, any history of prior offenses, the 
economic impact of the penalty on the violator, the economic benefit to 
the violator and other matters as justice may require.
    (e) Reward.--An amount equal to not more than one-half of any civil 
penalty assessed by the Secretary or Administrator under this section 
may, subject to the availability of appropriations, be paid by the 
Secretary or Administrator, respectively, to any person who provided 
information that led to the assessment or imposition of the penalty.
    (f) Referral to Attorney General.--If any person fails to pay a 
civil penalty assessed under this section after it has become final, or 
comply with an order issued under this title, the Secretary or 
Administrator, as appropriate, may refer the matter to the Attorney 
General of the United States for collection in any appropriate district 
court of the United States.
    (g) Compromise, Modification, or Remission.--Before referring any 
civil penalty that is subject to assessment or has been assessed under 
this section to the Attorney General, the Secretary, or Administrator, 
as appropriate, may compromise, modify, or remit, with or without 
conditions, the civil penalty.

[[Page 124 STAT. 3031]]

    (h) Nonpayment Penalty.--Any person who fails to pay on a timely 
basis a civil penalty assessed under this section shall also be liable 
to the United States for interest on the penalty at an annual rate equal 
to 11 percent compounded quarterly, attorney fees and costs for 
collection proceedings, and a quarterly nonpayment penalty for each 
quarter during which such failure to pay persists. That nonpayment 
penalty shall be in an amount equal to 20 percent of the aggregate 
amount of that person's penalties and nonpayment penalties that are 
unpaid as of the beginning of that quarter.
SEC. 1043. <<NOTE: 33 USC 3853.>> LIABILITY IN REM.

    A vessel operated in violation of the Convention, this title, or any 
regulation prescribed under this title, is liable in rem for any fine 
imposed under section 18, United States Code, or civil penalty assessed 
pursuant to section 1042, and may be proceeded against in the United 
States district court of any district in which the vessel may be found.
SEC. 1044. <<NOTE: 33 USC 3854.>> VESSEL CLEARANCE OR PERMITS; 
                          REFUSAL OR REVOCATION; BOND OR OTHER 
                          SURETY.

    If any vessel that is subject to the Convention or this title, or 
its owner, operator, or person in charge, is liable for a fine or civil 
penalty under section 1042 or 1043, or if reasonable cause exists to 
believe that the vessel, its owner, operator, or person in charge may be 
subject to a fine or civil penalty under section 1042 or 1043, the 
Secretary may refuse or revoke the clearance required by section 60105 
of title 46, United States Code. Clearance may be granted upon the 
filing of a bond or other surety satisfaction to the Secretary.
SEC. 1045. <<NOTE: 33 USC 3855.>> WARNINGS, DETENTIONS, 
                          DISMISSALS, EXCLUSION.

    (a) In General.--If a vessel is detected to be in violation of the 
Convention, this title, or any regulation prescribed under this title, 
the Secretary may warn, detain, dismiss, or exclude the vessel from any 
port or offshore terminal under the jurisdiction of the United States.
    (b) Notifications.--If action is taken under subsection (a), the 
Secretary, in consultation with the Secretary of State, shall make the 
notifications required by the Convention.
SEC. 1046. <<NOTE: 33 USC 3856.>> REFERRALS FOR APPROPRIATE ACTION 
                          BY FOREIGN COUNTRY.

    Notwithstanding sections 1041, 1042, 1043, and 1045, if a violation 
of the Convention is committed by a vessel registered in or of the 
nationality of a country that is a party to the Convention, or by a 
vessel operated under the authority of a country that is a party to the 
Convention, the Secretary, acting in coordination with the Secretary of 
State, may refer the matter to the government of the country of the 
vessel's registry or nationality, or under whose authority the vessel is 
operating, for appropriate action, rather than taking the actions 
otherwise required or authorized by this subtitle.
SEC. 1047. <<NOTE: 33 USC 3857.>> REMEDIES NOT AFFECTED.

    (a) In General.--Nothing in this title limits, denies, amends, 
modifies, or repeals any other remedy available to the United States.

[[Page 124 STAT. 3032]]

    (b) Relationship to State and Local Law.--Nothing in this title 
limits, denies, amends, modifies, or repeals any rights under existing 
law, of any State, territory, or possession of the United States, or any 
political subdivision thereof, to regulate any antifouling system. 
Compliance with the requirements of a State, territory, or possession of 
the United States, or political subdivision thereof related to 
antifouling paint or any other antifouling system does not relieve any 
person of the obligation to comply with this title.
SEC. 1048. REPEAL.

    The Organotin Antifouling Paint Control Act of 1988 (33 U.S.C. 2401 
et seq.) <<NOTE: 33 USC 2401-2410, 2401 note.>>  is repealed.

    Approved October 15, 2010.

LEGISLATIVE HISTORY--H.R. 3619 (S. 1194):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 111-303, Pt. 1 (Comm. on Transportation and 
Infrastructure).
SENATE REPORTS: No. 111-95 (Comm. on Commerce, Science, and 
Transportation) accompanying S. 1194.
CONGRESSIONAL RECORD:
                                                        Vol. 155 (2009):
                                    Oct. 22, 23, considered and passed 
                                        House.
                                                        Vol. 156 (2010):
                                    May 7, considered and passed Senate, 
                                        amended, in lieu of 
                                        S. 1194.
                                    Sept. 28, House concurred in Senate 
                                        amendment with amendments.
                                    Sept. 29, Senate concurred in House 
                                        amendments with amendments. 
                                        House concurred in Senate 
                                        amendments.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2010):
            Oct. 15, Presidential statement.

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