`[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3619 Reported in House (RH)]

                                                 Union Calendar No. 170
111th CONGRESS
  1st Session
                                H. R. 3619

                      [Report No. 111-303, Part I]

 To authorize appropriations for the Coast Guard for fiscal year 2010, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 22, 2009

 Mr. Oberstar (for himself and Mr. Cummings) introduced the following 
    bill; which was referred to the Committee on Transportation and 
                             Infrastructure

                            October 16, 2009

 Reported from the Committee on Transportation and Infrastructure with 
                              an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                            October 16, 2009

Referred to the Committee on Homeland Security for a period ending not 
 later than October 16, 2009, for consideration of such provisions of 
    the bill and amendment as fall within the jurisdiction of that 
               committee pursuant to clause 1(i), rule X

                            October 16, 2009

 Committee on Homeland Security discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed
    [For text of introduced bill, see copy of bill as introduced on 
                          September 22, 2009]





_______________________________________________________________________

                                 A BILL


 
 To authorize appropriations for the Coast Guard for fiscal year 2010, 
                        and for other purposes.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    (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.

                         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. Emergency 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. Laser Training System.
Sec. 214. Coast Guard vessels and aircraft.
Sec. 215. Coast Guard District Ombudsmen.
Sec. 216. Coast Guard commissioned officers: compulsory retirement.
Sec. 217. Enforcement of coastwise trade laws.
Sec. 218. Academy nominations.
Sec. 219. Report on sexual assaults in the Coast Guard.
Sec. 220. Home port of Coast Guard vessels in Guam.
Sec. 221. Minority serving institutions.

                   TITLE III--SHIPPING AND NAVIGATION

Sec. 301. Goods and services.
Sec. 302. Seaward extension of anchorage grounds jurisdiction.
Sec. 303. Maritime Drug Law Enforcement Act amendment-simple 
                            possession.
Sec. 304. Technical amendments to tonnage measurement law.
Sec. 305. Adjustment of liability limits for natural gas deepwater 
                            ports.
Sec. 306. Period of limitations for claims against Oil Spill Liability 
                            Trust Fund.
Sec. 307. Merchant mariner document standards.
Sec. 308. Report on Coast Guard determinations.
Sec. 309. Ship emission reduction technology demonstration project.
Sec. 310. Phaseout of vessels supporting oil and gas development.
Sec. 311. Arctic marine shipping assessment implementation.
Sec. 312. Supplemental positioning system.
Sec. 313. Dual escort vessels for double hulled tankers in Prince 
                            William Sound, Alaska.

                    TITLE IV--GREAT LAKES ICEBREAKER

Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Authorization of appropriations.

                      TITLE V--ACQUISITION REFORM

Sec. 501. Short title.
Sec. 502. Definitions.

    Subtitle A--Restrictions on the Use of Lead Systems Integrators

Sec. 511. Procurement structure.

               Subtitle B--Coast Guard Acquisition Policy

Sec. 521. Operational requirements.
Sec. 522. Required contract terms.
Sec. 523. Life-cycle cost estimates.
Sec. 524. Test and evaluation.
Sec. 525. Capability standards.
Sec. 526. Acquisition program reports.
Sec. 527. Undefinitized contractual actions.
Sec. 528. Guidance on excessive pass-through charges.
Sec. 529. Acquisition of major capabilities: Alternatives analysis.
Sec. 530. Cost overruns and delays.
Sec. 531. Report on former Coast Guard officials employed by 
                            contractors to the agency.
Sec. 532. Department of Defense consultation.

                   Subtitle C--Coast Guard Personnel

Sec. 541. Chief Acquisition Officer.
Sec. 542. Improvements in Coast Guard acquisition management.
Sec. 543. Recognition of Coast Guard personnel for excellence in 
                            acquisition.
Sec. 544. Coast Guard acquisition workforce expedited hiring authority.

                TITLE VI--MARITIME WORKFORCE DEVELOPMENT

Sec. 601. Short title.
Sec. 602. Maritime education loan program.

                  TITLE VII--COAST GUARD MODERNIZATION

Sec. 701. Short title.

                   Subtitle A--Coast Guard Leadership

Sec. 711. Admirals and Vice Admirals.

                Subtitle B--Marine Safety Administration

Sec. 721. Marine safety.
Sec. 722. Marine safety staff.
Sec. 723. Marine safety mission priorities and long-term goals.
Sec. 724. Powers and duties.
Sec. 725. Appeals and waivers.
Sec. 726. Coast Guard Academy.
Sec. 727. Report regarding civilian marine inspectors.

                       TITLE VIII--MARINE SAFETY

Sec. 801. Short title.
Sec. 802. Vessel size limits.
Sec. 803. Cold weather survival training.
Sec. 804. Fishing vessel safety.
Sec. 805. Mariner records.
Sec. 806. Deletion of exemption of license requirement for operators of 
                            certain towing vessels.
Sec. 807. Log books.
Sec. 808. Safe operations and equipment standards.
Sec. 809. Approval of survival craft.
Sec. 810. Safety management.
Sec. 811. Protection against discrimination.
Sec. 812. Oil fuel tank protection.
Sec. 813. Oaths.
Sec. 814. Duration of credentials.
Sec. 815. Fingerprinting.
Sec. 816. Authorization to extend the duration of licenses, 
                            certificates of registry, and merchant 
                            mariners' documents.
Sec. 817. Merchant mariner documentation.
Sec. 818. Merchant mariner assistance report.
Sec. 819. Offshore supply vessels.
Sec. 820. Associated equipment.
Sec. 821. Lifesaving devices on uninspected vessels.
Sec. 822. Study of blended fuels in marine application.
Sec. 823. Renewal of advisory committees.

                     TITLE IX--CRUISE VESSEL SAFETY

Sec. 901. Short title.
Sec. 902. Findings.
Sec. 903. Cruise vessel security and safety requirements.
Sec. 904. Study and report on the security needs of passenger vessels.

               TITLE X--UNITED STATES MARINER PROTECTION

Sec. 1001. Short title.
Sec. 1002.  Use force against piracy.
Sec. 1003. Agreements.

                        TITLE XI--PORT SECURITY

Sec. 1101. Maritime homeland security public awareness program.
Sec. 1102. Transportation Worker Identification Credential.
Sec. 1103. Review of interagency operational centers.
Sec. 1104. Maritime security response teams.
Sec. 1105. Coast Guard detection canine team program expansion.
Sec. 1106. Coast Guard port assistance program.
Sec. 1107. Maritime biometric identification.
Sec. 1108. Review of potential threats.
Sec. 1109. Port security pilot.
Sec. 1110.  Seasonal workers.
Sec. 1111. Comparative risk assessment of vessel-based and facility-
                            based liquefied natural gas regasification 
                            processes.
Sec. 1112. Pilot Program for fingerprinting of maritime workers.
Sec. 1113. Transportation security cards on vessels.
Sec. 1114. International labor study.
Sec. 1115. Maritime Security Advisory Committees.
Sec. 1116. Seamen's shoreside access.
Sec. 1117. Waterside security around especially hazardous material 
                            terminals and tankers.
Sec. 1118. Review of Liquefied Natural Gas Facilities.
Sec. 1119. Use of secondary authentication for transportation security 
                            cards.
Sec. 1120. Report on State and local law enforcement augmentation of 
                            Coast Guard resources with respect to 
                            security zones and United States ports.
Sec. 1121. Assessment of transportation security card enrollment sites.

                       TITLE XII--ALIEN SMUGGLING

Sec. 1201. Short title.
Sec. 1202. Findings.
Sec. 1203. Checks against terrorist watchlist.
Sec. 1204. Strengthening prosecution and punishment of alien smugglers.
Sec. 1205. Maritime law enforcement.
Sec. 1206. Amendment to the sentencing guidelines.

                  TITLE XIII--MISCELLANEOUS PROVISIONS

Sec. 1301. Certificate of documentation for GALLANT LADY.
Sec. 1302. Waivers.
Sec. 1303. Great Lakes Maritime Research Institute.
Sec. 1304. Conveyance of Coast Guard Boat House, Nantucket, 
                            Massachusetts.
Sec. 1305. Crew wages on passenger vessels.
Sec. 1306. Technical corrections.
Sec. 1307. Conveyance of decommissioned Coast Guard Cutter STORIS.
Sec. 1308. Conveyance of Coast Guard HU-25 Falcon Jet aircraft.
Sec. 1309. Decommissioned Coast Guard vessels for Haiti.
Sec. 1310. Phaseout of vessels supporting oil and gas development.
Sec. 1311. Vessel traffic risk assessment.
Sec. 1312. Study of relocation of Coast Guard Sector Buffalo 
                            facilities.
Sec. 1313. Conveyance of Coast Guard vessels to Mississippi.
Sec. 1314. Coast Guard assets for United States Virgin Islands.
Sec. 1315. Officer requirements for distant water tuna vessels.
Sec. 1316. Assessment of needs for additional Coast Guard presence in 
                            high latitude regions.
Sec. 1317. Study of regional response vessel and salvage capability for 
                            Olympic Peninsula coast, Washington.
Sec. 1318. Study of bridges over navigable waters.
Sec. 1319. Limitation on jurisdiction of States to tax certain seamen.
Sec. 1320. Decommissioned Coast Guard vessels for Bermuda.
Sec. 1321. Conveyance of Coast Guard vessels to Nassau County, New 
                            York.
Sec. 1322. Newtown Creek, New York City, New York.
Sec. 1323. Land conveyance, Coast Guard property in Marquette County, 
                            Michigan, to the City of Marquette, 
                            Michigan.
Sec. 1324. Mission requirement analysis for navigable portions of the 
                            Rio Grande River, Texas, international 
                            water boundary.
Sec. 1325. Conveyance of Coast Guard property in Cheboygan, Michigan.

                         TITLE I--AUTHORIZATION

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are authorized to be appropriated for fiscal year 2010 for 
necessary expenses of the Coast Guard as follows:
            (1) For the operation and maintenance of the Coast Guard, 
        $6,838,291,000, of which--
                    (A) $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));
                    (B) $1,110,923,000 shall be available only for 
                paying for search and rescue programs;
                    (C) $802,423,000 shall be available only for paying 
                for marine safety programs; and
                    (D) $2,274,312,000 shall be available only for 
                paying for ports, waterways, and coastal security.
            (2) For the acquisition, construction, rebuilding, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto, $1,597,580,000, 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) $1,194,780,000 is authorized for the Integrated 
                Deepwater System Program; and
                    (C) $45,000,000 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, $29,745,000, 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, $1,361,245,000, 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 
        with operation and maintenance), $13,198,000, to remain 
        available until expended.
            (7) For the Coast Guard Reserve program, including 
        personnel and training costs, equipment, and services, 
        $133,632,000.

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, 2010.
    (b) Military Training Student Loads.--For fiscal year 2010, 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 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.''.

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 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 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 6,700; 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 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 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 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, or other 
agreements with, international maritime organizations for the purpose 
of acquiring information or data about merchant vessel inspections, 
security, safety, classification, and port state or flag state law 
enforcement or oversight.''.

SEC. 207. EMERGENCY 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
    ``With regard to a member of the Coast Guard who serves on active 
duty, a duty assignment 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.) shall be 
treated, for the purpose of section 701(f)(2) of title 10, a duty 
assignment in support of a contingency operation.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended 
by inserting after the item relating to section 425 the following new 
item:

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

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.--The first section added to title 46, United 
States Code, by the amendment made by subsection (a) of section 801 of 
the Coast Guard and Maritime Transportation Act of 2004 (118 Stat. 
1078), and the item relating to such first section enacted by the 
amendment made by subsection (b) of such section 801, are repealed.
    (c) Clerical Amendment.--The analysis for such chapter is amended 
by adding at the end the following:

``99. Enforcement authority.''.

SEC. 209. 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.

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 merchant mariner credentials;
                    ``(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 
        three years, except that, of the members first appointed, three 
        members shall be appointed for a term of two years and three 
        members shall be appointed for a term of one year.
            ``(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.
    ``(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 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 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 
                existing text;
                    (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.'';
            (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. LASER TRAINING SYSTEM.

    (a) In General.--Within one year after the date of enactment of 
this Act, the Secretary of the department in which the Coast Guard 
shall test an integrated laser engagement system for the training of 
members of the Coast Guard assigned to small vessels in the use of 
individual weapons and machine guns on those vessels. The test shall be 
conducted on vessels on the Great Lakes using similar laser equipment 
used by other Federal agencies. However, that equipment shall be 
adapted for use in the marine environment.
    (b) Report.--The Secretary shall submit a report 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 within 6 months after the 
conclusions of the test required under subsection (a) on the costs and 
benefits of using the system regionally and nationwide to train members 
of the Coast Guard in the use of individual weapons and machine guns.

SEC. 214. 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. 215. 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 General.--The Commandant shall appoint an employee of the 
Coast Guard in each Coast Guard District as 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 
                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 
        compliant.
            ``(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 a civilian 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 Amendment.--The analysis at the beginning of that 
chapter is amended by adding at the end the following new item:

``55. District Ombudsmen.''.

SEC. 216. 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 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 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. 217. 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, including the 
application of those laws to vessels that support the exploration, 
development, and production of oil, gas, or mineral resources in the 
Gulf of Mexico.''.
    (b) Clerical 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 
one year after the date of enactment of this Act on the enforcement 
strategies and enforcement actions taken to enforce the coastwise trade 
laws.

SEC. 218. ACADEMY NOMINATIONS.

    (a) Appointment.--Section 182(a) of title 14, United States Code, 
is amended to read as follows:
    ``(a) Corps of Cadets; Number; Nomination.--
            ``(1) The authorized strength of the Corps of Cadets 
        (determined for any academic program year as of the day before 
        the last day of the academic program year) is 1,000, excluding 
        those foreign nationals admitted for instructions pursuant to 
        section 195. Subject to that limitation, cadets are selected as 
        follows:
                    ``(A) Not more than 10 individuals, appointed by 
                the Secretary of Homeland Security, in order of merit 
                as established by competitive examination, from the 
                children of members of the Armed Forces who were killed 
                in action or died of, or have a service-connected 
                disability at not less than 100 per centum resulting 
                from, wounds or injuries received or diseases 
                contracted in, or preexisting injury or disease 
                aggravated by, active service, children of members who 
                are in a `missing status' (as defined in section 551(2) 
                of title 37), and children of civilian employees who 
                are in `missing status' (as defined in section 5561(5) 
                of title 5). The determination of the Department of 
                Veterans Affairs as to service connection of the cause 
                of death or disability is rated, is binding upon the 
                Secretary.
                    ``(B) Not less than one, nominated at large by the 
                Vice President or, if there is no Vice President, by 
                the President pro tempore of the Senate.
                    ``(C) Not less than one, nominated by each Senator.
                    ``(D) Not less than one, nominated by each 
                Representative in Congress.
                    ``(E) Not less than one, nominated by the Delegate 
                to the House of Representatives from the District of 
                Columbia, the Delegate in Congress from the Virgin 
                Islands, the Resident Commissioner from Puerto Rico, 
                the Delegate in Congress from Guam, the Delegate in 
                Congress from American Samoa, or the Resident 
                Representative from the Commonwealth of the Northern 
                Mariana Islands.
        Each Senator, Representative, and Delegate in Congress, 
        including the Resident Commissioner and the Resident 
        Representative, is entitled to nominate 10 persons each year. 
        Cadets who do not graduate on time shall not count against the 
        allocations pursuant to subparagraphs (B)-(E). Nominees may be 
        submitted without ranking or with a principal candidate and 9 
        ranked or unranked alternates. A nominee not selected for 
        appointment under this paragraph shall be considered an 
        alternate for the purposes of appointment under paragraph (2).
            ``(2) The Secretary may appoint, each academic program 
        year, individuals who are either--
                    ``(A) alternates nominated pursuant to paragraph 
                (1) (C), (D), or (E); or
                    ``(B) applicants who applied directly for 
                admission.
            ``(3) In addition, the Secretary may appoint, each academic 
        program year, individuals who are--
                    ``(A) children of members of the Armed Forces who--
                            ``(i) are on active duty (other than for 
                        training) and who have served continuously on 
                        active duty for at least eight years;
                            ``(ii) are, or who died while they were, 
                        retired with pay or granted retired or retainer 
                        pay;
                            ``(iii) are serving as members of reserve 
                        components and are credited with at least eight 
                        years of service;
                            ``(iv) would be, or who died while they 
                        would have been, entitled to retired pay, 
                        except for not having attained 60 years of age; 
                        or
                            ``(v) have been awarded the Medal of Honor;
                the total number of whom cannot exceed 5 percent of the 
                class to be admitted; however, a person who is eligible 
                for selection under subsection (a)(1)(A) may not be 
                selected under this subparagraph;
                    ``(B) enlisted members of the Coast Guard or the 
                Coast Guard Reserve, the total number of whom cannot 
                exceed 5 percent of the class to be admitted;
                    ``(C) graduates of the Coast Guard Scholars 
                program, the total number of whom cannot exceed 30 
                percent of the class to be admitted; and
                    ``(D) individuals who possess qualities that the 
                Superintendent identifies to be of particular value to 
                the Academy and the Service, the total number of whom 
                cannot exceed 20 percent of the class to be admitted.
            ``(4) An individual shall be qualified for nomination, 
        selection, and appointment as a cadet at the Academy only if 
        the individual--
                    ``(A) is a citizen or national of the United 
                States; and
                    ``(B) meets such minimum requirements that the 
                Secretary may establish.
            ``(5) The Superintendent shall furnish to any Member of 
        Congress, upon the written request of such Member, the name of 
        the Congressman or other nominating authority responsible for 
        the nomination of any named or identified person for 
        appointment to the Academy.
            ``(6) For purposes of the limitation in subsection (a)(1) 
        establishing the aggregate authorized strength of the Corps of 
        Cadets, the Secretary may, for any academic program year, 
        permit a variance in that limitation by not more than 5 
        percent. In applying that limitation, and any such variance, 
        the last day of an academic program year shall be considered to 
        be graduation day.''.
    (b) Transition.--This section shall provide for the nomination, 
selection, and appointment of individuals, pursuant to section 182 of 
title 14, United States Code, who will matriculate in academic program 
year 2012 and thereafter, except that for--
            (1) academic program year 2012, no less than 135 cadets of 
        the corps (or 14 percent of the corps, whichever is smaller) 
        shall be from nominations made pursuant to section 
        182(a)(1)(B)-(E);
            (2) academic program year 2013, no less than 270 cadets of 
        the corps (or 27 percent of the corps, whichever is smaller) 
        shall be from nominations made pursuant to section 
        182(a)(1)(B)-(E); and
            (3) academic program year 2014, no less than 405 cadets of 
        the corps (or 41 percent of the corps, which ever is smaller) 
        shall be from nominations made pursuant to section 
        182(a)(1)(B)-(E).
The Secretary is hereby authorized to take any additional action the 
Secretary believes necessary and proper to provide for the transition 
to the nomination, selection, and appointment process provided under 
this section.
    (c)  Minority Recruiting Program.--
            (1) In general.--Chapter 9 of title 14, United States Code, 
        is amended by adding at the end the following new section:
``Sec. 199. Minority recruiting program
    ``The Secretary of the department in which the Coast Guard is 
operating shall establish a minority recruiting program for prospective 
cadets at the Coast Guard Academy. The program may include--
            ``(1) use of minority cadets and officers to provide 
        information regarding the Coast Guard and the Academy to 
        students in high schools;
            ``(2) sponsoring of trips to high school teachers and 
        guidance counselors to the Academy;
            ``(3) to the extent authorized by the Secretary of the 
        Navy, maximizing the use of the Naval Academy Preparatory 
        School to prepare students to be cadets at the Coast Guard 
        Academy;
            ``(4) recruiting minority members of the Coast Guard to 
        attend the Academy;
            ``(5) establishment of a minority affairs office at the 
        Academy; and
            ``(6) use of minority officers and members of the Coast 
        Guard Reserve and Auxiliary to promote the Academy.''.
            (2) Clerical amendment.--The table of sections for that 
        chapter is amended by adding at the end the following new item:

``199. Minority recruiting program.''.

SEC. 219. REPORT 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 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.
            (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. 220. 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. 221. MINORITY SERVING INSTITUTIONS.

    (a) MSI Management Internship Program.--
            (1) Establishment and purpose.--The Commandant of the Coast 
        Guard shall establish a two part management internship program 
        for students at minority serving institutions (MSI) to intern 
        at Coast Guard headquarters or a Coast Guard regional office, 
        to be known as the ``MSI Management Internship Program'', to 
        develop a cadre of civilian, career mid-level and senior 
        managers for the Coast Guard.
            (2) Operation.--The MSI Management Internship Program shall 
        be managed by the Secretary of Homeland Security, acting 
        through the Commandant of the Coast Guard, in coordination with 
        National Association for Equal Opportunity in Higher Education, 
        the Hispanic Association of Colleges and Universities, and the 
        American Indian Higher Education Consortium and other non-
        profit educational organizations that can undertake effective 
        recruitment efforts to attract minority students and students 
        with disabilities.
            (3) Criteria for selection.--Participation in the MSI 
        Management Internship Program shall be open to sophomores, 
        juniors, and seniors at minority serving institutions, with an 
        emphasis on such students who are majoring in management or 
        business administration, international affairs, political 
        science, marine sciences, criminal justice, or any other major 
        related to homeland security.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated $2,000,000 to the Commandant to carry out 
        this subsection.
    (b) MSI Initiatives.--
            (1) Establishment of msi student pre-commissioning 
        initiative.--The Commandant of the Coast Guard shall establish 
        an MSI component of the College Student Pre-Commissioning 
        Initiative (to be known as the ``MSI Student Pre-Commissioning 
        Initiative Program'') to ensure greater participation by 
        students from MSIs in the College Student Pre-Commissioning 
        Initiative.
            (2) Participation in officer candidate school.--The 
        Commandant of the Coast Guard shall ensure that graduates of 
        the MSI Student Pre-Commissioning Initiative Program are 
        included in the first enrollment for Officer Candidate School 
        that commences after the date of enactment of this Act and each 
        enrollment period thereafter.
            (3) Reports.--Not later than 90 days after the conclusion 
        of each academic year with respect to which the College Student 
        Pre-Commissioning Initiative and the MSI Student Pre-
        Commissioning Initiative Program is carried out beginning with 
        the first full academic year after the date of the enactment of 
        this Act, the Commandant shall submit to the Committee on 
        Transportation and Infrastructure and the Committee on Homeland 
        Security of the House of Representatives and the Committee on 
        Commerce of the Senate a report on the number of students in 
        the College Student Pre-Commissioning Initiative and the number 
        of students in the MSI Student Pre-Commissioning Initiative 
        Program, outreach efforts, and demographic information of 
        enrollees including, age, gender, race, and disability.
            (4) Establishment of msi aviation officer corps 
        initiative.--The Commandant of the Coast Guard shall establish 
        an MSI Aviation Officer Corps Initiative to increase the 
        diversity of the Coast Guard Aviation Officer Corps through an 
        integrated recruiting, accession, training, and assignment 
        process that offers guaranteed flight school opportunities to 
        students from minority serving institutions.
            (5) Authorization of appropriations.--There are authorized 
        to be appropriated $3,000,000 to the Commandant to carry out 
        this subsection.
    (c) Coast Guard-MSI Cooperative Technology Program.--
            (1) Establishment.--The Commandant of the Coast Guard shall 
        establish a Coast Guard Laboratory of Excellence-MSI 
        Cooperative Technology Program at three minority serving 
        institutions to focus on priority security areas for the Coast 
        Guard, such as global maritime surveillance, resilience, and 
        recovery.
            (2) Collaboration.--The Commandant shall encourage 
        collaboration among the minority serving institutions selected 
        under paragraph (1) and institutions of higher education with 
        institutional research and academic program resources and 
        experience.
            (3) Partnerships.--The heads of the laboratories 
        established at the minority serving institutions pursuant to 
        paragraph (1) may seek to establish partnerships with the 
        private sector, especially small, disadvantaged businesses, 
        to--
                    (A) develop increased research and development 
                capacity;
                    (B) increase the number of baccalaureate and 
                graduate degree holders in science, technology, 
                engineering, mathematics (STEM), and information 
                technology or other fields critical to the mission of 
                the Coast Guard; and
                    (C) strengthen instructional ability among faculty.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated $2,500,000 to the Commandant to carry out 
        this subsection, including for instrumentation acquisition and 
        funding undergraduate student scholarships, graduate 
        fellowships, and faculty-post doctoral study.
    (d) Definition.--For purposes of this section, the terms ``minority 
serving institution'', ``minority serving institutions'', and ``MSI'' 
mean a historically Black college or university (as defined in section 
322 of the Higher Education Act of 1965), a Hispanic-serving 
institution (as defined in section 502 of such Act), a Tribal College 
or University (as defined in section 316 of such Act), a Predominantly 
Black institution (as defined in section 499A(c) of such Act), or a 
Native American-serving nontribal institution (as defined in section 
499A(c) of such Act).

                   TITLE III--SHIPPING AND NAVIGATION

SEC. 301. GOODS AND SERVICES.

    Section 4(b) of the Act of July 5, 1884, commonly known as the 
Rivers and Harbors Appropriation Act of 1884 (33 U.S.C. 5(b)), is 
amended--
            (1) by striking ``or'' at the end of paragraph (2)(C);
            (2) by striking the period at the end of paragraph (3) and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(4) sales taxes on goods and services provided to or by 
        vessels or watercraft (other than vessels or watercraft 
        primarily engaged in foreign commerce).''.

SEC. 302. 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. 303. 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 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 $10,000 for 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. 304. 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'';
            (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.''.
    (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 vessel of 
that foreign country as complying with this chapter and the regulations 
prescribed under this chapter.''.
    (j) Clerical 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. 305. ADJUSTMENT OF LIABILITY LIMITS FOR NATURAL GAS DEEPWATER 
              PORTS.

    Section 1004(d)(2) of the Oil Pollution Act of 1990 (33 U.S.C. 
2704(d)(2)) is amended by adding at the end the following:
                    ``(D) The Secretary may establish, by regulation, a 
                limit of liability of not less than $12,000,000 for a 
                deepwater port used only in connection with 
                transportation of natural gas.''.

SEC. 306. PERIOD OF LIMITATIONS FOR CLAIMS AGAINST OIL SPILL LIABILITY 
              TRUST FUND.

    Section 1012(h)(1) of the Oil Pollution Act of 1990 (33 U.S.C. 
2712(h)(1)) is amended by striking ``6'' and inserting ``3''.

SEC. 307. 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 plan 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 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 credentials and background screening and 
        streamline the application process for mariners.

SEC. 308. REPORT ON COAST GUARD DETERMINATIONS.

    Not later than 180 days after enactment of this Act, the Secretary 
of Homeland Security shall provide to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report on the 
loss of United States shipyard jobs and industrial base expertise as a 
result of rebuild, conversion, and double-hull work on United States-
flag vessels eligible to engage in the coastwise trade being performed 
in foreign shipyards, enforcement of the Coast Guard's foreign rebuild 
determination regulations, and recommendations for improving the 
transparency in the Coast Guard's foreign rebuild determination 
process.

SEC. 309. SHIP EMISSION REDUCTION TECHNOLOGY DEMONSTRATION PROJECT.

    (a) Study.--The Commandant of the Coast Guard shall conduct a 
study--
            (1) on the methods and best practices of the use of exhaust 
        emissions reduction technology on cargo or passenger ships that 
        operate in United States waters and ports; and
            (2) that identifies the Federal, State, and local laws, 
        regulations, and other requirements that affect the ability of 
        any entity to effectively demonstrate onboard technology for 
        the reduction of contaminated emissions from ships.
    (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 of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate.

SEC. 310. PHASEOUT OF VESSELS SUPPORTING OIL AND GAS DEVELOPMENT.

    (a) In 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 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 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, 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 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. 311. ARCTIC MARINE SHIPPING ASSESSMENT IMPLEMENTATION.

    (a) Purpose.--The purpose of this section is to ensure safe, 
secure, and reliable 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 shall work through the International 
Maritime Organization to establish 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;
            (2) appropriate icebreaking escort, 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 needed to assure the reasonable demands of 
commerce.
    (f) Demonstration Projects.--The Secretary of Transportation may 
enter into cooperative agreements, contracts, or other agreements with, 
or make grants to, individuals to conduct demonstration projects to 
reduce emissions or discharges from vessels operating in the Arctic.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated--
            (1) to the Secretary of the department in which the Coast 
        Guard is operating--
                    (A) $5,000,000 for each of fiscal years 2011 
                through 2015 for seasonal operations in the Arctic; and
                    (B) $10,000,000 for each of fiscal years 2012 
                through 2015 to carry out agreements established under 
                subsection (d); and
            (2) to the Secretary of Transportation $5,000,000 for each 
        of fiscal years 2011 through 2015 to conduct demonstration 
        projects under subsection (f).
    (h) Icebreakers.--
            (1) Analyses.--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 Arctic polar ice-breaking mission 
        requirements, which ever occurs later, the Commandant of the 
        Coast Guard shall--
                    (A) conduct a comparative cost-benefit analysis 
                of--
                            (i) rebuilding, renovating, or improving 
                        the existing fleet of icebreakers for operation 
                        by the Coast Guard,
                            (ii) constructing new icebreakers for 
                        operation by the Coast Guard, and
                            (iii) any combination of the activities 
                        described in clauses (i) and (ii), to carry out 
                        the missions of the Coast Guard; and
                    (B) conduct an analysis of the impact on mission 
                capacity and the ability of the United States to 
                maintain a presence in the Arctic regions through the 
                year 2020 if recapitalization of the icebreaker fleet, 
                either by constructing new icebreakers or rebuilding, 
                renovating, or improving the existing fleet of 
                icebreakers, is not fully funded.
            (2) Reports to congress.--
                    (A) 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 Arctic ice-
                breaking mission requirements, which ever occurs later, 
                the Commandant of the Coast Guard shall submit a report 
                containing the results of the study, together with 
                recommendations the Commandant deems appropriate under 
                section 93(a)(24) of title 14, United States Code, to 
                the Senate Committee on Commerce, Science, and 
                Transportation and the House of Representatives 
                Committee on Transportation and Infrastructure.
                    (B) Not later than 1 year after the date of 
                enactment of this Act, the Commandant shall submit 
                reports containing the results of the analyses required 
                under subparagraphs (A) and (B) of paragraph (1), 
                together with recommendations the Commandant deems 
                appropriate under section 93(a)(24) of title 14, United 
                States Code, to the Senate Committee on Commerce, 
                Science, and Transportation and the House of 
                Representatives Committee on Transportation and 
                Infrastructure.
    (i) 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).

SEC. 312. SUPPLEMENTAL POSITIONING SYSTEM.

    (a) Findings.--The Congress finds the following:
            (1) In August 2006, the Department of Transportation and 
        Department of Homeland Security sponsored the formation of an 
        Independent Assessment Team to review the need for enhanced 
        Loran (eLORAN) as a supplement to the Global Positioning System 
        (GPS).
            (2) In December 2006, the Independent Assessment Team 
        unanimously recommended that eLORAN be completed and retained 
        as the national backup system for critical safety of life, 
        national and economic security, and quality of life 
        applications currently that are reliant on position, time, or 
        frequency from GPS.
            (3) Based on the Independent Assessment Team report, the 
        Department of Transportation and Department of Homeland 
        Security jointly recommended in March 2007 that eLORAN be the 
        national backup for GPS.
            (4) The Department of Homeland Security formally announced 
        on February 7, 2008, its intention to implement eLORAN as a 
        national positioning, navigation, and timing system to 
        complement the GPS in the even of an outage or disruption in 
        service.
            (5) A recent outage of GPS services in California due to an 
        unintentional jamming incident resulted in the shutdown of the 
        Coast Guard's maritime Differential Global Positions System 
        program and the Automatic Identification System, caused 
        disruption to vessel and aircraft operations, and severely 
        degraded transmissions at over 150 cell phone base stations.
            (6) In January 2009, the Independent Assessment Team 
        reiterated its unanimous recommendation that the Federal 
        Government commit to operating the eLORAN system as a backup to 
        GPS for not less than a 20-year period.
    (b) Required Actions.--The Secretary of the department in which the 
Coast Guard is operating--
            (1) shall establish eLORAN as the supplemental navigation 
        system for the United States;
            (2) 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) a plan for modernizing the remaining LORAN-C 
                stations;
                    (B) a timeline for the completion of such 
                modernization; and
                    (C) a comprehensive estimate of the costs 
                associated with modernizing LORAN-C infrastructure to 
                meet eLORAN specifications; and
            (3) may not take action to terminate or decommission the 
        LORAN-C program until 30 days after the Secretary certifies to 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate that the eLORAN system is 
        operational.

SEC. 313. DUAL ESCORT VESSELS FOR DOUBLE HULLED TANKERS IN PRINCE 
              WILLIAM SOUND, ALASKA.

    (a) In General.--Section 4116(c) of the Oil Pollution Act of 1990 
(46 U.S.C. 3703 note; Public Law 101-380) is amended--
            (1) by striking ``Not later than 6 months'' and inserting 
        the following:
            ``(1) In general.--Not later than 180 days''; and
            (2) by adding at the end the following:
            ``(2) Prince william sound, alaska.--
                    ``(A) In 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 of requirements.--The 
                Secretary of the Federal agency with jurisdiction over 
                the Coast Guard shall carry out subparagraph (A) by 
                order without notice and hearing pursuant to section 
                553 of title 5, United States Code.''.
    (b) Effective Date.--The amendments made by subsection (a) take 
effect on the date that is 90 days after the date of enactment of this 
Act.

                    TITLE IV--GREAT LAKES ICEBREAKER

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Great Lakes Icebreaker Replacement 
Act''.

SEC. 402. FINDINGS.

    Congress finds that--
            (1) five of the Coast Guard's Great Lakes icebreakers are 
        nearing the end of their useful lives;
            (2) two other Coast Guard icebreaking assets have 
        experienced difficulty in heavy ice conditions;
            (3) during the spring of 2008, United States-flag vessels 
        operating on the Great Lakes suffered more than $1,300,000 in 
        damages to their hulls because the Coast Guard did not have 
        enough assets available to keep Great Lakes shipping lanes 
        open;
            (4) during the 2006-2007 ice season, shipments of iron ore, 
        coal, and limestone on the Great Lakes exceeded 20,000,000 
        tons;
            (5) during the 2006-2007 ice season, the transportation of 
        10,400,000 tons of iron ore on the Great Lakes helped support 
        100,000 jobs at steel mills and 300,000 jobs at supplier 
        industries by keeping those industries working during the 
        winter season; and
            (6) the 6,400,000 tons of coal shipped on the Great Lakes 
        during the 2006-2007 ice season kept the Great Lakes region 
        supplied with electricity.

SEC. 403. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $153,000,000 for necessary 
expenses of the Coast Guard for the design, acquisition, and 
construction of a combined buoy tender-icebreaker to replace 
icebreaking capacity on the Great Lakes, to remain available until 
expended.

                      TITLE V--ACQUISITION REFORM

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Coast Guard Acquisition Reform Act 
of 2009''.

SEC. 502. DEFINITIONS.

    In this title, the following definitions apply:
            (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) Commandant.--The term ``Commandant'' means the 
        Commandant of the Coast Guard.
            (3) 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.
            (4) 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.
            (5) 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.

    Subtitle A--Restrictions on the Use of Lead Systems Integrators

SEC. 511. PROCUREMENT STRUCTURE.

    (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 end of 
        the 180-day period beginning on the date of enactment of this 
        Act.
            (2) Full and open competition.--The Commandant and any lead 
        systems integrator engaged by the Coast Guard shall use full 
        and open competition for any acquisition contract awarded after 
        the date of enactment of this 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; national security cutters 2 and 3.--Notwithstanding 
        subsections (a) and (e), 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) and National Security Cutters 2 and 3.
            (2) Completion of acquisition by lead systems integrator.--
        Notwithstanding subsection (a), the Commandant may use a 
        private sector entity as a lead systems integrator for the 
        Coast Guard--
                    (A) to complete any delivery order or task order, 
                including the exercise of previously established 
                options on a delivery order or task order that was 
                issued to a lead systems integrator on or before the 
                date that is 180 days after the date of enactment of 
                this Act without any change in the quantity of 
                capabilities or assets or the specific type of 
                capabilities or assets covered by the order;
                    (B) for a contract awarded after the date that is 
                180 days after the date of enactment of this Act for 
                acquisition of, or in support of, the HC-130J aircraft, 
                the HH-65 aircraft, or the C4ISR system, if the 
                requirements of subsection (c) are met with respect to 
                such acquisitions;
                    (C) for a contract awarded after the date that is 
                180 days after the date of enactment of this Act for 
                acquisition of, or in support of, Maritime Patrol 
                Aircraft, if the requirements of subsection (c) are met 
                with respect to such an acquisition; and
                    (D) for the acquisition of, or in support of, 
                additional National Security Cutters or Maritime Patrol 
                Aircraft, if the Commandant determines that--
                            (i) the acquisition is in accordance with 
                        Federal acquisition laws and regulations 
                        promulgated under those laws, including the 
                        Federal Acquisition Regulation;
                            (ii) the acquisition and the use of a 
                        private sector entity as a lead systems 
                        integrator for the acquisition are in the best 
                        interest of the Federal Government; and
                            (iii) the requirements of subsection (c) 
                        are met with respect to such acquisition.
            (3) Report on decisionmaking process.--If the Commandant 
        determines under subparagraph (B), (C), or (D) of subsection 
        (b)(2) that the Coast Guard will use 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 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.
    (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 described in 
subparagraph (B), (C), or (D) of subsection (b)(2) 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 or a Tier 1 
        subcontractor exercised no control; or
            (4) the Commandant has determined that the procurement was 
        awarded in a manner consistent with Federal acquisition laws 
        and regulations promulgated under those laws, including the 
        Federal Acquisition Regulation.
    (d) Rule of Construction.--The limitation in subsection (b)(1)(A) 
on the quantity and specific type of assets to which subsection (b) 
applies shall not be construed to apply to the modification of the 
number or type of any sub-systems or other components of a vessel or 
aircraft described in subparagraph (B), (C), or (D) of subsection 
(b)(2).
    (e) 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 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.

               Subtitle B--Coast Guard Acquisition Policy

SEC. 521. OPERATIONAL REQUIREMENTS.

    (a) In General.--No Level 1 or Level 2 acquisition program may be 
initiated by the Coast Guard, and no production contract may be awarded 
for such an acquisition, unless the Commandant has approved an 
operational requirement for such acquisition.
    (b) Operational Requirement for Acquisition Programs.--
            (1) In general.--The Commandant shall establish mature and 
        stable operational requirements for acquisition programs.
            (2) Elements.--Prior to establishing operational 
        requirements under paragraph (1), the Commandant shall--
                    (A) prepare a preliminary statement of need, a 
                concept of operations, an analysis of alternatives or 
                the equivalent, an estimate of life-cycle costs, and 
                requirements for interoperability with other 
                capabilities and assets within and external to the 
                Coast Guard; and
                    (B) in preparing the concept of operations under 
                subparagraph (A), coordinate with acquisition and 
                support professionals, requirements officials, 
                operational users and maintainers, and resource 
                officials who can ensure the appropriate consideration 
                of performance, cost, schedule and risk trade-offs.
    (c) Consideration of Trade-offs.--In establishing operational 
requirements under subsection (a), the Commandant shall develop and 
implement mechanisms to ensure that trade-offs among performance, cost, 
schedule, and risk are considered in the establishment of operational 
requirements for development and production of a Level 1 or Level 2 
acquisition.
    (d) Elements.--The mechanisms required under this section shall 
ensure at a minimum that Coast Guard officials responsible for 
acquisition management, budget, and cost estimating functions have the 
authority to develop cost estimates and raise cost and schedule matters 
at any point in the process of establishing operational requirements 
for a Level 1 or Level 2 acquisition.

SEC. 522. 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 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 
this Act--
            (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) requires 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 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 Contract Provisions.--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 this Act does not include 
any provision allowing for equitable adjustment that differs from the 
Federal Acquisition Regulation.
    (c) Extension of Program.--Any contract, contract modification, or 
award term extending a contract with a lead systems integrator--
            (1) shall not include any minimum requirements for the 
        purchase of a given or determinable number of specific 
        capabilities or assets; and
            (2) shall 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.

SEC. 523. LIFE-CYCLE COST ESTIMATES.

    (a) 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 years, 
and to ensure that these estimates are considered in decisions to 
develop or produce new or enhanced capabilities and assets.
    (b) 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 program or project.
    (c) Required Updates.--For each Level 1 or Level 2 acquisition 
program or project the Commandant shall require that life-cycle cost 
estimates shall be updated before each milestone decision is concluded 
and the program or project enters a new acquisition phase.

SEC. 524. TEST AND EVALUATION.

    (a) Test and Evaluation Master Plan.--
            (1) In general.--For any Level 1 or Level 2 acquisition 
        program or project the Coast Guard Chief Acquisition Officer 
        must approve a Test and Evaluation Master Plan specific to the 
        acquisition program or project for the capability, asset, or 
        sub-systems of the capability or asset and intended to minimize 
        technical, cost, and schedule risk as early as practicable in 
        the development of the program or project.
            (2) Test and evaluation strategy.--The TEMP shall--
                    (A) set forth an integrated test and evaluation 
                strategy that will verify that capability-level or 
                asset-level and sub-system-level design and 
                development, including performance and supportability, 
                have been sufficiently proven before the capability, 
                asset, or sub-system of the capability or asset is 
                approved for production; and
                    (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 temp.--At a minimum, the TEMP 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 Coast Guard Chief Acquisition Officer 
        shall approve an updated TEMP whenever there is a revision to 
        program or project test and evaluation strategy, scope, or 
        phasing.
            (5) Limitation.--The Coast Guard may not--
                    (A) proceed past that phase of the acquisition 
                process that entails approving the supporting 
                acquisition of a capability or asset before the TEMP is 
                approved by the Coast Guard Chief Acquisition Officer; 
                or
                    (B) award any production contract for a capability, 
                asset, or sub-system for which a TEMP is required under 
                this subsection before the TEMP is approved by the 
                Coast Guard Chief Acquisition Officer.
    (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 sub-systems of the capability or asset for which a TEMP has 
        been prepared under subsection (a).
            (2) Use of third parties.--The Commandant shall ensure that 
        the Coast Guard uses third parties with expertise in testing 
        and evaluating the capabilities or assets and the sub-systems 
        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 TEMP.
            (3) Communication 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 sub-systems 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 sub-systems concerned and to the Coast Guard 
        Chief Acquisition Officer.
            (4) Reporting 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 concern is corrected or mitigated. The report shall also 
        include an explanation of the actions that will be taken to 
        correct or mitigate the safety concern, the date by which those 
        actions will be taken, and the adequacy of current funding to 
        correct or mitigate the safety concern.
            (5) Asset already in low, initial, or full-rate 
        production.--If operational test and evaluation on a capability 
        or asset already in low, initial, or full-rate production 
        identifies a safety concern with the capability or asset or any 
        sub-systems of the capability or asset not previously 
        identified during developmental or operational test and 
        evaluation, the Commandant shall--
                    (A) notify 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 appropriate congressional Committee 
                of the safety concern not later than 30 days after 
                notification is made to the program manager and 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 sub-
                        systems 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 sub-systems 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 
                        sub-systems of the capabilities or assets and 
                        in previously produced capabilities or assets 
                        and sub-systems.
    (c) Definitions.--In this section:
            (1) Developmental test and evaluation.--The term 
        ``developmental test and evaluation'' means--
                    (A) the testing of a capability or asset and the 
                sub-systems 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.
            (2) Operational test and evaluation.--The term 
        ``operational test and evaluation'' means--
                    (A) the testing of a capability or asset and the 
                sub-systems 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 sub-systems 
                for use by typical Coast Guard users to conduct those 
                missions for which the capability or asset and sub-
                systems are intended to be used; and
                    (B) the evaluation of the results of such testing.
            (3) Safety concern.--The term ``safety concern'' means any 
        hazard associated with a capability or asset or a sub-system 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 
        sub-system or any hazard associated with the capability, asset, 
        or sub-system that is likely to cause major damage to the 
        capability, asset, or sub-system during the course of its 
        normal operation by a typical Coast Guard user.
            (4) TEMP.--The term ``TEMP'' means a Test and Evaluation 
        Master Plan for which approval is required under this section.

SEC. 525. CAPABILITY STANDARDS.

    (a) Cutter Classification.--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 this Act to be classed by the 
American Bureau of Shipping before final acceptance.
    (b) Tempest Testing.--The Commandant shall--
            (1) 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 this Act to be tested in accordance with TEMPEST 
        standards and communication security (COMSEC) standards by an 
        independent third party that is authorized by the Federal 
        Government to perform such testing; and
            (2) certify that the capabilities and assets meet all 
        applicable TEMPEST requirements.
    (c) National Security Cutters.--
            (1) National 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 and the Committee on Homeland Security 
        of the House of Representatives all results of an assessment of 
        the proposed hull strengthening design conducted by the Coast 
        Guard, including--
                    (A) 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;
                    (B) a cost benefit analysis of the proposed hull 
                strengthening measures for National Security Cutters 1 
                and 2; and
                    (C) 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.
            (2) 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.
    (d) Aircraft Airworthiness.--The Commandant shall cause all 
aircraft and aircraft engines acquired by the Coast Guard and delivered 
after the date of enactment of this Act to be assessed for 
airworthiness by an independent third party with expertise in aircraft 
and aircraft engine certification, before final acceptance.

SEC. 526. ACQUISITION PROGRAM REPORTS.

    Any Coast Guard Level 1 or Level 2 acquisition program or project 
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 and asset to be acquired under the proposed 
        acquisition program or project will be built to achieve.
            (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 program baseline and 
        acquisition unit cost for the capability or asset to be 
        produced and deployed under the program or project.
            (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.

SEC. 527. 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 covered under subsection (a) must 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 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, United 
                States Code);
                    (B) an operation in response to an emergency that 
                poses an unacceptable threat to human health or safety 
                or to the marine environment; or
                    (C) 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 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.--Such term does not include 
                contractual actions with respect to the following:
                            (i) Foreign military sales.
                            (ii) Purchases in an amount not in excess 
                        of the amount of the simplified acquisition 
                        threshold.
                            (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. 528. GUIDANCE ON EXCESSIVE PASS-THROUGH CHARGES.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, 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 this Act.

SEC. 529. ACQUISITION OF MAJOR CAPABILITIES: ALTERNATIVES ANALYSIS.

    The Coast Guard may not acquire an experimental or technically 
immature capability or asset or implement a Level 1 or Level 2 
acquisition, unless it has conducted an alternatives analysis for the 
capability or asset to be acquired in the concept and technology 
development phase of the acquisition process for the capability or 
asset. Such analysis shall be conducted 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. Such alternatives analysis shall 
include--
            (1) an assessment of the technical maturity of the 
        capability or asset and technical and other risks;
            (2) an examination of capability, interoperability, and 
        other advantages and disadvantages;
            (3) an evaluation of whether different combinations or 
        quantities of specific capabilities or assets could meet the 
        Coast Guard's overall performance needs;
            (4) a discussion of key assumptions and variables, and 
        sensitivity to change in such assumptions and variables;
            (5) when an alternative is an existing capability, asset, 
        or prototype, an evaluation of relevant safety and performance 
        records and costs;
            (6) a calculation of life-cycle costs, including--
                    (A) an examination of development costs and the 
                levels of uncertainty associated with such estimated 
                costs;
                    (B) an examination of likely production and 
                deployment costs and the levels of uncertainty 
                associated with such estimated costs;
                    (C) an examination of likely operating and support 
                costs and the levels of uncertainty associated with 
                such estimated costs;
                    (D) if they are likely to be significant, an 
                examination of likely disposal costs and the levels of 
                uncertainty associated with such estimated costs; and
                    (E) such additional measures the Commandant 
                determines to be necessary for appropriate evaluation 
                of the capability or asset; and
            (7) the business case for each viable alternative.

SEC. 530. COST OVERRUNS AND DELAYS.

    (a) In General.--The Commandant shall submit a report to the 
appropriate congressional committees 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 10 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 
        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 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 program or project 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 program or project is essential to the 
        accomplishment of Coast Guard missions;
            (2) there are no alternatives to such capability or asset 
        or capability or asset class which 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. 531. REPORT ON FORMER COAST GUARD OFFICIALS EMPLOYED BY 
              CONTRACTORS TO THE AGENCY.

    (a) Report Required.--Not later than December 31, 2009, 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 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.

SEC. 532. 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 capabilities and assets acquired for the Coast 
Guard.
    (b) Inter-Service Technical Assistance.--The Commandant may 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 Commands, with the oversight of 
Coast Guard major acquisition programs. Such memorandum of 
understanding or memorandum of agreement shall, at a minimum, provide 
for--
            (1) the exchange of technical assistance and support that 
        the Coast Guard Chief Acquisition Officer, Coast Guard Chief 
        Engineer, and the Coast Guard Chief Information Officer may 
        identify;
            (2) the use, as appropriate, of Navy technical expertise; 
        and
            (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 Commands, to facilitate 
        the development of organic capabilities in the Coast Guard.
    (c) Technical Requirement Approval Procedures.--The Coast Guard 
Chief Acquisition Officer shall adopt, to the extent practicable, 
procedures that are similar to those used by the senior procurement 
executive of the Department of the Navy to approve all technical 
requirements.
    (d) Assessment.--Within 180 days after the date of enactment of 
this Act, the Comptroller General 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.

                   Subtitle C--Coast Guard Personnel

SEC. 541. 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) Establishment of Chief Acquisition Officer.--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 Acquisitions Directorate shall be an acquisition 
        professional with a program manager level III certification and 
        must have at least 10 years experience in an acquisition 
        position, of which at least 4 years were spent in one of the 
        following qualifying positions:
                    ``(A) Program executive officer.
                    ``(B) Program manager of a Level 1 or Level 2 
                acquisition.
                    ``(C) Deputy program manager of a Level 1 or Level 
                2 acquisition.
                    ``(D) Project manager for a Level 1 or Level 2 
                acquisition.
                    ``(E) Any other acquisition position of significant 
                responsibility in which the primary duties are 
                supervisory or management duties.
            ``(2) The Commandant shall periodically publish a list of 
        the positions designated under this subsection.
    ``(c) Authority and Functions of the Chief Acquisition Officer.--
The functions of the Chief Acquisition Officer shall include--
            ``(1) monitoring the performance of programs and projects 
        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 of the Coast Guard, as designated by the 
        Commandant, and 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) Application of Qualification Requirement.--Section 56(b) of 
title 14, United States Code, as amended by this section, shall apply 
beginning October 1, 2011.
    (c) Clerical Amendment.--The table of sections at the beginning of 
such chapter is further amended by adding at the end the following:

``56. Chief Acquisition Officer.''.
    (d) Elevation of Disputes to the Chief Acquisition Officer.--Within 
45 days after the elevation to the Chief Acquisition Officer of any 
design or other dispute regarding a Level 1 or Level 2 acquisition, 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.
    (e) Special Rate Supplements.--
            (1) Requirement 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, the 
        Commandant 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.

SEC. 542. IMPROVEMENTS IN COAST GUARD ACQUISITION MANAGEMENT.

    (a) Program and Project Managers.--An individual may not be 
assigned as the program manager for a Level 1 or Level 2 acquisition 
unless the individual holds a Level III acquisition certification as a 
program manager.
    (b) 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.
    (c) 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 55 of title 14, United States Code.
    (d) Designation of Positions in the 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.
    (e) 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.
    (f) Report on Adequacy of Acquisition Workforce.--
            (1) In general.--The Commandant shall report to the 
        Congress 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 (d); and
                    (B) identify positions that are understaffed to 
                meet the anticipated acquisition workload, and actions 
                that will be taken to correct such understaffing.
    (g) 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.
    (h) 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) 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.
    (i) Balanced Workforce Policy.--In the development of acquisition 
workforce policies under this section with respect to any civilian 
employees or applicants for employment, the Commandant shall, 
consistent with the merit system principles set out in paragraphs (1) 
and (2) of section 2301(b) of title 5, United States Code, take into 
consideration the need to maintain a balanced workforce in which women 
and members of racial and ethnic minority groups are appropriately 
represented in Government service.
    (j) Guidance on Tenure and Accountability of Program Managers.--
            (1) Issuance of guidance.--Not later than 1 year after the 
        date of enactment of this Act, the Commandant shall issue 
        guidance to address the qualifications, resources, 
        responsibilities, tenure, and accountability of program 
        managers for the management of acquisition programs and 
        projects. The guidance shall address, at a minimum--
                    (A) the qualifications that shall be required of 
                program managers, including the number of years of 
                acquisition experience and the professional training 
                levels to be required of those appointed to program 
                management positions;
                    (B) authorities available to 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 program manager who 
                initiates a new program or project will continue in 
                management of that program or project without 
                interruption until the delivery of the first production 
                units of the program.
            (2) Strategy.--
                    (A) In general.--Not later than 18 months after the 
                date of enactment of this Act, the Commandant shall 
                develop a comprehensive strategy for enhancing the role 
                of Coast Guard 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 program managers, including 
                        the rotational assignments that will be 
                        provided to program managers;
                            (ii) the provision of enhanced training and 
                        educational opportunities for individuals who 
                        are or may become program managers;
                            (iii) the provision of mentoring support to 
                        current and future 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 program management throughout the Coast 
                        Guard;
                            (v) the templates and tools that will be 
                        used to support improved data gathering and 
                        analysis for program management and oversight 
                        purposes, including the metrics that will be 
                        utilized to assess the effectiveness of Coast 
                        Guard program managers in managing systems 
                        acquisition efforts;
                            (vi) a description in detail of how the 
                        Coast Guard will promote a balanced workforce 
                        in which women and members of racial and ethnic 
                        minority groups are appropriately represented 
                        in Government service; and
                            (vii) the methods by which the 
                        accountability of program managers for the 
                        results of acquisition programs will be 
                        increased.

SEC. 543. RECOGNITION OF COAST GUARD PERSONNEL FOR EXCELLENCE IN 
              ACQUISITION.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, 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 
program or project.
    (b) Elements.--The program required by subsection (a) shall include 
the following:
            (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.
            (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.
    (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 individual 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. 544. COAST GUARD ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.

    (a) In General.--For purposes of sections 3304, 5333, and 5753 of 
title 5, United States Code, the Commandant may--
            (1) designate any category of acquisition positions within 
        the Coast Guard as shortage category positions; and
            (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 subsection after September 30, 2012.

                TITLE VI--MARITIME WORKFORCE DEVELOPMENT

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Maritime Workforce Development 
Act''.

SEC. 602. MARITIME EDUCATION LOAN PROGRAM.

    (a) In General.--Chapter 517 of title 46, United States Code, is 
amended by adding at the end the following:
``Sec. 51705. Maritime career training loan program
    ``(a) Establishment.--The Secretary of Transportation shall 
establish a maritime career training loan program (in this section 
referred to as the `program') in accordance with the requirements of 
this section.
    ``(b) Purpose.--The purpose of the program shall be to make 
maritime career training loans available to eligible students to 
provide for the training of United States mariners.
    ``(c) Administration.--The program shall be carried out by the 
Secretary, acting through the Administrator of the Maritime 
Administration.
    ``(d) Duties.--The Secretary shall--
            ``(1) allocate, on an annual basis, the award of loans 
        under the program based on the needs of students;
            ``(2) develop an application process and eligibility 
        criteria for the award of loans under the program;
            ``(3) approve applications for loans under the program 
        based on the eligibility criteria and allocations made under 
        paragraph (1); and
            ``(4) designate maritime training institutions at which 
        loans made under the program may be used.
    ``(e) Designation of Maritime Training Institutions.--
            ``(1) In general.--In designating maritime training 
        institutions under subsection (d)(4), the Secretary--
                    ``(A) may include Federal, State, and commercial 
                training institutions and nonprofit training 
                organizations, except that undergraduate students at 
                the United States Merchant Marine Academy shall not be 
                eligible for loans under the program;
                    ``(B) shall designate institutions based on 
                geographic diversity and scope of classes offered;
                    ``(C) shall ensure that designated institutions 
                have the ability to administer the program; and
                    ``(D) shall ensure that designated institutions 
                meet requirements to provide training instruction for 
                appropriate Coast Guard-approved training instruction.
            ``(2) Exclusions.--The Secretary--
                    ``(A) may exclude from participation in the program 
                a maritime training institution that has had severe 
                performance deficiencies, including deficiencies 
                demonstrated by audits or program reviews conducted 
                during the 5 calendar years immediately preceding the 
                present year;
                    ``(B) shall exclude from participation in the 
                program a maritime training institution that has 
                delinquent or outstanding debts to the United States, 
                unless such debts are being repaid under or in 
                accordance with a repayment arrangement satisfactory to 
                the United States, or the Secretary in the Secretary's 
                discretion determines that the existence or amount of 
                any such debts has not been finally determined by the 
                appropriate Federal agency;
                    ``(C) may exclude from participation in the program 
                a maritime training institution that has failed to 
                comply with quality standards established by the 
                Department of Labor, the Coast Guard, or a State; and
                    ``(D) may establish such other criteria as the 
                Secretary determines will protect the financial 
                interest of the United States and promote the purposes 
                of this section.
    ``(f) State Maritime Academies.--
            ``(1) Use of funds for loans to students attending state 
        maritime academies.--The Secretary may obligate not more than 
        50 percent of the amounts appropriated to carry out this 
        section for a fiscal year for loans to undergraduate students 
        attending State maritime academies receiving assistance under 
        chapter 515 of this title.
            ``(2) Academic standards for students.--Students at State 
        maritime academies receiving loans under the program shall 
        maintain satisfactory progress toward the completion of their 
        course of study as evidenced by the maintenance of a cumulative 
        C average, or its equivalent, or academic standing consistent 
        with the requirements for graduation, as determined by the 
        institution.
    ``(g) Loan Amounts and Use.--
            ``(1) Maximum amounts.--The Secretary may not make loans to 
        a student under the program in an amount that exceeds $15,000 
        in a calendar year or $60,000 in the aggregate.
            ``(2) Use of loan proceeds.--A student who receives a loan 
        under the program may use the proceeds of the loan only for 
        postsecondary expenses incurred at an institution designated by 
        the Secretary under subsection (d)(4) for books, tuition, 
        required fees, travel to and from training facilities, and room 
        and board.
    ``(h) Student Eligibility.--To be eligible to receive a loan under 
the program, a student shall--
            ``(1) be eligible to hold a license or merchant mariner 
        document issued by the Coast Guard;
            ``(2) provide to the Secretary such information as the 
        Secretary may require, including all current Coast Guard 
        documents, certifications, proof of United States citizenship 
        or permanent legal status, and a statement of intent to enter a 
        maritime career;
            ``(3) meet the enrollment requirements of a maritime 
        training institution designated by the Secretary under 
        subsection (d)(4); and
            ``(4) sign an agreement to--
                    ``(A) complete a course of instruction at such a 
                maritime training institution; and
                    ``(B)(i) maintain a license and serve as an officer 
                in the merchant marine on a documented vessel or a 
                vessel owned and operated by the United States for at 
                least 18 months of service at sea following the date of 
                graduation from the maritime program for which the loan 
                proceeds will be used; or
                    ``(ii) serve as an unlicensed merchant mariner on a 
                documented vessel or a vessel owned and operated by the 
                United States for at least 18 months of service at sea 
                following the date of graduation from the maritime 
                program for which the loan proceeds will be used.
    ``(i) Administration of Loans.--
            ``(1) Contents of loan agreements.--Any agreement between 
        the Secretary and a student borrower for a loan under the 
        program shall--
                    ``(A) be evidenced by a note or other written 
                instrument that provides for the repayment of the 
                principal amount of the loan and any origination fee, 
                together with interest thereon, in equal installments 
                (or, if the student borrower so requests, in graduated 
                periodic installments determined in accordance with 
                such schedules as may be approved by the Secretary) 
                payable quarterly, bimonthly, or monthly, at the option 
                of the student borrower, over a period beginning 9 
                months from the date on which the student borrower 
                completes study or discontinues attendance at the 
                maritime program for which the loans are used at the 
                institution approved by the Secretary and not exceeding 
                10 years;
                    ``(B) include provision for acceleration of 
                repayment of the whole, or any part, of such loan, at 
                the option of the student borrower;
                    ``(C) provide the loan without security and without 
                endorsement;
                    ``(D) provide that the liability to repay the loan 
                shall be canceled upon the death of the student 
                borrower, or if the student borrower becomes 
                permanently and totally disabled, as determined in 
                accordance with regulations to be issued by the 
                Secretary;
                    ``(E) contain a notice of the system of disclosure 
                of information concerning default on such loan to 
                credit bureau organizations; and
                    ``(F) include provisions for deferral of repayment, 
                as determined by the Secretary.
            ``(2) Rate of interest.--A student borrower who receives a 
        loan under the program on or after January 1, 2010, and before 
        October 1, 2015, shall be obligated to repay the loan amount to 
        the Secretary, together with interest beginning in the period 
        referred to in paragraph (1)(A), at a rate to be determined as 
        follows:
                    ``(A) For a loan for which the first disbursement 
                is made on or after January 1, 2010, and before October 
                1, 2011, 5.6 percent on the unpaid principal balance of 
                the loan.
                    ``(B) For a loan for which the first disbursement 
                is made on or after October 1, 2011, and before October 
                1, 2012, 4.5 percent on the unpaid principal balance of 
                the loan.
                    ``(C) For a loan for which the first disbursement 
                is made on or after October 1, 2012, 3.4 percent on the 
                unpaid principal balance of the loan.
            ``(3) Disclosure required prior to disbursement.--
                    ``(A) In general.--The Secretary shall at or prior 
                to the time the Secretary makes a loan to a student 
                borrower under the program, provide thorough and 
                adequate loan information on such loan to the student 
                borrower. The disclosures required by this paragraph 
                may be made as part of the written application material 
                provided to the student borrower, as part of the 
                promissory note evidencing the loan, or on a separate 
                written form provided to the student borrower.
                    ``(B) Contents.--The disclosures shall include--
                            ``(i) the address to which communications 
                        and payments should be sent;
                            ``(ii) the principal amount of the loan;
                            ``(iii) the amount of any charges collected 
                        at or prior to the disbursal of the loan and 
                        whether such charges are to be deducted from 
                        the proceeds of the loan or paid separately by 
                        the student borrower;
                            ``(iv) the stated interest rate on the 
                        loan;
                            ``(v) the yearly and cumulative maximum 
                        amounts that may be borrowed;
                            ``(vi) an explanation of when repayment of 
                        the loan will be required and when the student 
                        borrower will be obligated to pay interest that 
                        accrues on the loan;
                            ``(vii) a statement as to the minimum and 
                        maximum repayment term that the Secretary may 
                        impose, and the minimum monthly payment 
                        required by law and a description of any 
                        penalty imposed as a consequence of default, 
                        such as liability for expenses reasonably 
                        incurred in attempts by the Secretary to 
                        collect on a loan;
                            ``(viii) a statement of the total 
                        cumulative balance, including the loan applied 
                        for, owed by the student borrower to the 
                        Secretary, and an estimate of the projected 
                        monthly payment, given such cumulative balance;
                            ``(ix) an explanation of any special 
                        options the student borrower may have for loan 
                        consolidation or other refinancing of the loan;
                            ``(x) a statement that the student borrower 
                        has the right to prepay all or part of the 
                        loan, at any time, without penalty;
                            ``(xi) a statement summarizing 
                        circumstances in which repayment of the loan or 
                        interest that accrues on the loan may be 
                        deferred, and a brief notice of the program for 
                        repayment of loans, on the basis of military 
                        service, pursuant to the Department of Defense 
                        educational loan repayment program (10 U.S.C. 
                        16302);
                            ``(xii) a definition of default and the 
                        consequences to the student borrower if the 
                        student borrower defaults, together with a 
                        statement that the disbursement of, and the 
                        default on, a loan under this part shall be 
                        reported to a credit bureau or credit reporting 
                        agency;
                            ``(xiii) to the extent practicable, the 
                        effect of accepting the loan on the eligibility 
                        of the student borrower for other forms of 
                        student assistance; and
                            ``(xiv) an explanation of any cost the 
                        student borrower may incur in the making or 
                        collection of the loan.
                    ``(C) Information to be provided without cost.--The 
                information provided under this paragraph shall be 
                available to the Secretary without cost to the student 
                borrower.
            ``(4) Repayment after default.--The Secretary may require 
        any student borrower who has defaulted on a loan made under the 
        program to--
                    ``(A) pay all reasonable collection costs 
                associated with such loan; and
                    ``(B) repay the loan pursuant to an income 
                contingent repayment plan.
            ``(5) Authorization to reduce rates and fees.--
        Notwithstanding any other provision of this section, the 
        Secretary may prescribe by regulation any reductions in the 
        interest rate or origination fee paid by a student borrower of 
        a loan made under the program as the Secretary determines 
        appropriate to encourage ontime repayment of the loan. Such 
        reductions may be offered only if the Secretary determines the 
        reductions are cost neutral and in the best financial interest 
        of the United States.
            ``(6) Collection of repayments.--The Secretary shall 
        collect repayments made under the program and exercise due 
        diligence in such collection, including maintenance of all 
        necessary records to ensure that maximum repayments are made. 
        Collection and servicing of repayments under the program shall 
        be pursued to the full extent of the law, including wage 
        garnishment if necessary. The Secretary of the Department in 
        which the Coast Guard is operating shall provide the Secretary 
        of Transportation with any information regarding a mariner that 
        may aid in the collection of repayments under this section.
            ``(7) Repayment schedule.--A student borrower who receives 
        a loan under the program shall repay the loan quarterly, 
        bimonthly, or monthly, at the option of the student borrower, 
        over a period beginning 9 months from the date the student 
        borrower completes study or discontinues attendance at the 
        maritime program for which the loan proceeds are used and 
        ending not more than 10 years after the date repayment begins. 
        Provisions for deferral of repayment shall be determined by the 
        Secretary.
            ``(8) Contracts for servicing and collection of loans.--The 
        Secretary may--
                    ``(A) enter into a contract or other arrangement 
                with State or nonprofit agencies and, on a competitive 
                basis, with collection agencies for servicing and 
                collection of loans under this section; and
                    ``(B) conduct litigation necessary to carry out 
                this section.
    ``(j) Revolving Loan Fund.--
            ``(1) Establishment.--The Secretary shall establish a 
        revolving loan fund consisting of amounts deposited in the fund 
        under paragraph (2).
            ``(2) Deposits.--The Secretary shall deposit in the fund--
                    ``(A) receipts from the payment of principal and 
                interest on loans made under the program; and
                    ``(B) any other monies paid to the Secretary by or 
                on behalf of individuals under the program.
            ``(3) Availability of amounts.--Amounts in the fund shall 
        be available to the Secretary, without further appropriation--
                    ``(A) to cover the administrative costs of the 
                program, including the maintenance of records and 
                making collections under this section; and
                    ``(B) to the extent that amounts remain available 
                after paying such administrative costs, to make loans 
                under the program.
            ``(4) Maintenance of records.--The Secretary shall maintain 
        accurate records of the administrative costs referred to in 
        paragraph (3)(A).
    ``(k) Annual Report.--The Secretary, on an annual basis, shall 
submit to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the program, including--
            ``(1) the total amount of loans made under the program in 
        the preceding year;
            ``(2) the number of students receiving loans under the 
        program in the preceding year; and
            ``(3) the total amount of loans made under program that are 
        in default as of the date of the report.
    ``(l) Authorization of Appropriations.--There are authorized to be 
appropriated for each of fiscal years 2010 through 2015--
            ``(1) $10,000,000 for making loans under the program; and
            ``(2) $1,000,000 for administrative expenses of the 
        Secretary in carrying out the program.
``Sec. 51706. Maritime recruitment, training, and retention grant 
              program
    ``(a) Strategic Plan.--
            ``(1) In general.--Not later than one year after the date 
        of enactment of this section, and at least once every 3 years 
        thereafter, the Secretary of Transportation, acting through the 
        Administrator of the Maritime Administration, shall publish in 
        the Federal Register a plan that describes the demonstration, 
        research, and multistate project priorities of the Department 
        of Transportation concerning merchant mariner recruitment, 
        training, and retention for the 3-year period following the 
        date of publication of the plan.
            ``(2) Contents.--A plan published under paragraph (1) shall 
        contain strategies and identify potential projects to address 
        merchant mariner recruitment, training, and retention issues in 
        the United States.
            ``(3) Factors.--In developing a plan under paragraph (1), 
        the Secretary shall take into account, at a minimum--
                    ``(A) the availability of existing research (as of 
                the date of publication of the plan);
                    ``(B) the need to ensure results that have broad 
                applicability;
                    ``(C) the benefits of economies of scale and the 
                efficiency of potential projects; and
                    ``(D) the likelihood that the results of potential 
                projects will be useful to policymakers and 
                stakeholders in addressing merchant mariner 
                recruitment, training, and retention issues.
            ``(4) Consultation.--In developing a plan under paragraph 
        (1), the Secretary shall consult with representatives of the 
        maritime industry, labor organizations, and other governmental 
        entities and parties with an interest in the maritime industry.
            ``(5) Transmittal to congress.--The Secretary shall 
        transmit copies of a plan published under paragraph (1) to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate.
    ``(b) Demonstration Projects.--
            ``(1) In general.--The Secretary may award grants to a 
        maritime training institution to carry out demonstration 
        projects that implement the priorities identified in the plan 
        prepared under subsection (a)(1), for the purpose of developing 
        and implementing methods to address merchant mariner 
        recruitment, training, and retention issues.
            ``(2) Grant awards.--Grants shall be awarded under this 
        subsection on a competitive basis under guidelines and 
        requirements to be established by the Secretary.
            ``(3) Applications.--To be eligible to receive a grant for 
        a project under this subsection, a maritime training 
        institution shall submit to the Secretary a grant proposal that 
        includes, at a minimum--
                    ``(A) information demonstrating the estimated 
                effectiveness of the project; and
                    ``(B) a method for evaluating the effectiveness of 
                the project.
            ``(4) Eligible projects.--Projects eligible for grants 
        under this subsection may include--
                    ``(A) the establishment of maritime technology 
                skill centers developed through local partnerships of 
                industry, labor, education, community-based 
                organizations, economic development organizations, or 
                Federal, State, and local government agencies to meet 
                unmet skills needs of the maritime industry;
                    ``(B) projects that provide training to upgrade the 
                skills of workers who are employed in the maritime 
                industry;
                    ``(C) projects that promote the use of distance 
                learning, enabling students to take courses through the 
                use of media technology, such as videos, 
                teleconferencing, and the Internet;
                    ``(D) projects that assist in providing services to 
                address maritime recruitment and training of youth 
                residing in targeted high poverty areas within 
                empowerment zones and enterprise communities;
                    ``(E) the establishment of partnerships with 
                national and regional organizations with special 
                expertise in developing, organizing, and administering 
                merchant mariner recruitment and training services; and
                    ``(F) the establishment of maritime training 
                programs that foster technical skills and operational 
                productivity in communities in which economies are 
                related to or dependent upon the maritime industry.
    ``(c) Projects Authorized.--
            ``(1) Projects.--The Secretary may award grants to carry 
        out projects identified in a plan published under subsection 
        (a)(1) under which the project sponsor will--
                    ``(A) design, develop, and test an array of 
                approaches to providing recruitment, training, or 
                retention services to one or more targeted populations;
                    ``(B) in conjunction with employers, organized 
                labor, other groups (such as community coalitions), and 
                Federal, State, or local agencies, design, develop, and 
                test various training approaches in order to determine 
                effective practices; or
                    ``(C) assist in the development and replication of 
                effective service delivery strategies for the national 
                maritime industry as a whole.
            ``(2) Research projects.--The Secretary may award grants to 
        carry out research projects identified in a plan published 
        under subsection (a)(1) that will contribute to the solution of 
        maritime industry recruitment, training, and retention issues 
        in the United States.
            ``(3) Multistate or regional projects.--The Secretary may 
        award grants to carry out multistate or regional projects 
        identified in a plan published under subsection (a)(1) to 
        effectively disseminate best practices and models for 
        implementing maritime recruitment, training, and retention 
        services designed to address industry-wide skill shortages.
            ``(4) Grant awards.--Grants shall be awarded under this 
        subsection on a competitive basis under guidelines and 
        requirements to be established by the Secretary.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated for each of fiscal years 2010 through 2015--
            ``(1) $10,000,000 for making grants under this section; and
            ``(2) $1,000,000 for administrative expenses of the 
        Secretary in carrying out this section.''.
    (b) Conforming Amendment.--The analysis for such chapter is amended 
by adding at the end the following:

``51705. Maritime career training loan program.
``51706. Maritime recruitment, training, and retention grant 
                            program.''.

                  TITLE VII--COAST GUARD MODERNIZATION

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Coast Guard Modernization Act of 
2009''.

                   Subtitle A--Coast Guard Leadership

SEC. 711. ADMIRALS AND VICE ADMIRALS.

    (a) Admirals.--Section 41 of title 14, United States Code, is 
amended by striking ``an admiral,'' and inserting ``admirals;''.
    (b) Vice Commandant.--Section 47 of title 14, United States Code, 
is amended--
            (1) in the section heading by striking ``assignment'' and 
        inserting ``appointment''; and
            (2) in the text by striking ``vice admiral'' and inserting 
        ``admiral''.
    (c) Vice Admirals.--
            (1) In general.--Section 50 of title 14, United States 
        Code, is amended to read as follows:
``Sec. 50. Vice admirals
    ``(a)(1) The President may designate 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 any duties as the Commandant may 
        prescribe.
    ``(2) The 4 vice admiral positions authorized under paragraph (1) 
are, respectively, the following:
            ``(A) The Deputy Commandant for Mission Support.
            ``(B) The Deputy Commandant for Operations and Policy.
            ``(C) The Commander, Force Readiness Command.
            ``(D) The Commander, Operations Command.
    ``(3) 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 each of the positions designated under paragraph (1) an 
officer of the Coast Guard who is serving on active duty above the 
grade of captain. The Commandant shall make recommendations for those 
appointments.
    ``(4)(A) Except as provided in subparagraph (B), the Deputy 
Commandant for Operations and Policy 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.
    ``(B) The requirements of subparagraph (A) do not apply to such 
Deputy Commandant if the subordinate officer serving in the grade of 
rear admiral with responsibilities for marine safety, security, and 
stewardship possesses that experience.
    ``(b)(1) The appointment and the grade of vice admiral under this 
section 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.
    ``(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 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 to carry 
out effectively the duties and responsibilities of that position.''.
            (2) Application of deputy commandant qualification 
        requirement.--The requirement under section 50(a)(4)(A) of 
        title 14, United States Code, as amended by this subsection, 
        shall apply on and after October 1, 2011.
    (d) Repeal.--Section 50a of title 14, United States Code, is 
repealed.
    (e) Conforming Amendment.--Section 51 of that title is amended--
            (1) by amending subsections (a), (b), and (c) to read as 
        follows:
    ``(a) An officer, other than the Commandant, who, while serving in 
the grade of admiral or 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 admiral or vice admiral, or who, after serving 
at least two and one-half years in the grade of admiral or 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 two and one-half years in the grade of admiral or vice 
admiral, is retired while serving in a lower grade, shall be retired in 
his permanent grade.''; and
            (2) in subsection (d)(2) by striking ``Area Commander, or 
        Chief of Staff'' and inserting ``or Vice Admirals''.
    (f) Continuity of Grade.--Section 52 of title 14, United States 
Code, is amended--
            (1) in the section heading by inserting ``and admirals'' 
        after ``Vice admirals''; and
            (2) in the text by inserting ``or admiral'' after ``vice 
        admiral'' the first time that term appears.
    (g) 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 or 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 in the grade of rear admiral.''.
    (h) Treatment of Incumbents; Transition.--
            (1) Vice commandant.--Notwithstanding any other provision 
        of law, the officer who, on the date of enactment of this Act, 
        is serving in the Coast Guard as Vice Commandant--
                    (A) shall continue to serve as Vice Commandant;
                    (B) shall have the grade of admiral with pay and 
                allowances of that grade; and
                    (C) shall not be required to be reappointed by 
                reason of the enactment of this Act.
            (2)  Chief of staff, commander, atlantic area, or 
        commander, pacific area.--Notwithstanding any other provision 
        of law, an officer who, on the date of enactment of this Act, 
        is serving in the Coast Guard 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 or her duties 
                and appointed and confirmed to another position as a 
                vice admiral or admiral; and
                    (B) for the purposes of transition, may continue, 
                for not more than one 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.
    (i) Clerical Amendments.--
            (1) The table of sections at the beginning of chapter 3 of 
        title 14, United States Code, 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 50 and 
                inserting the following:

``50. Vice admirals.'';
                    (C) by striking the item relating to section 50a; 
                and
                    (D) by striking the item relating to section 52 and 
                inserting the following:

``52. Vice admirals and admirals, continuity of grade.''.
    (j) Technical Correction.--Section 47 of title 14, United States 
Code, is further amended in the fifth sentence by striking 
``subsection'' and inserting ``section''.

                Subtitle B--Marine Safety Administration

SEC. 721. MARINE SAFETY.

    (a) Establish Marine Safety as a Coast Guard Function.--Chapter 5 
of title 14, United States Code, is further amended by adding at the 
end the following new section:
``Sec. 101. Marine safety
    ``To protect life, property, and the environment on, under, and 
over waters subject to the jurisdiction of the United States and on 
vessels subject to the jurisdiction of the United States, the 
Commandant shall promote maritime safety as follows:
            ``(1) By taking actions necessary and in the public 
        interest to protect such life, property, and the environment.
            ``(2) Based on the following priorities:
                    ``(A) Preventing marine casualties and threats to 
                the environment.
                    ``(B) Minimizing the impacts of marine casualties 
                and environmental threats.
                    ``(C) Maximizing lives and property saved and 
                environment protected in the event of a marine 
                casualty.''.
    (b) Clerical Amendment.--The analysis at the beginning of such 
chapter is further amended by adding at the end the following new item:

``101. Marine safety.''.

SEC. 722. MARINE SAFETY STAFF.

    (a) In General.--Chapter 3 of title 14, United States Code, is 
further amended by adding at the end the following new sections:
``Sec. 57. Marine safety workforce
    ``(a) Designation of Marine Safety Workforce.--
            ``(1) In general.--The Secretary, acting through the 
        Commandant, shall designate those positions in the Coast Guard 
        that constitute the marine safety workforce.
            ``(2) Required positions.--In designating positions under 
        paragraph (1), the Secretary shall include, at a minimum, the 
        following marine safety-related positions:
                    ``(A) Program oversight.
                    ``(B) Vessel and facility inspection.
                    ``(C) Casualty investigation.
                    ``(D) Pollution investigation.
                    ``(E) Merchant Mariner licensing, documentation, 
                and registry.
                    ``(F) Marine safety engineering or other technical 
                activities.
            ``(3) Marine safety management headquarter activities.--The 
        Secretary shall also designate under paragraph (1) those marine 
        safety-related positions located at Coast Guard headquarters 
        units, including the Marine Safety Center and the National 
        Maritime Center.
    ``(b) 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 careers in marine safety 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 marine safety positions. The 
Secretary shall make available published information on such career 
paths.
    ``(c) Qualifications.--With regard to the marine safety workforce, 
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 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.
    ``(d) Apprenticeship Requirement.--Any officer, member, or employee 
of the Coast Guard in training to become a marine inspector, marine 
casualty investigator, or a marine safety engineer shall serve a 
minimum of one-year apprenticeship, unless otherwise directed by the 
Commandant, under the guidance of a qualified marine inspector, marine 
casualty investigator, or marine safety engineer. The Commandant may 
authorize shorter apprenticeship periods for certain qualifications, as 
appropriate.
    ``(e) Balanced Workforce Policy.--In the development of marine 
safety workforce policies under this section with respect to any 
civilian employees or applicants for employment with the Coast Guard, 
the Secretary shall, consistent with the merit system principles set 
out in paragraphs (1) and (2) of section 2301(b) of title 5, take into 
consideration the need to maintain a balanced workforce in which women 
and members of racial and ethnic minority groups are appropriately 
represented in Government service.
    ``(f) Management Information System.--The Secretary, acting through 
the Commandant, shall establish a management information system for the 
marine safety workforce that shall provide, at a minimum, the following 
standardized information on persons serving in marine safety positions:
            ``(1) Qualifications, assignment history, and tenure in 
        assignments of persons in the marine safety workforce.
            ``(2) Promotion rates for military and civilian personnel 
        in the marine safety workforce.
    ``(g) 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.
    ``(h) Sector Chief of Marine Safety.--
            ``(1) In general.--There shall be in each Coast Guard 
        sector a Chief of Marine Safety 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--
                    ``(A) marine inspector, qualified to inspect 
                vessels, vessel systems, and equipment commonly found 
                in the sector; and
                    ``(B) qualified marine casualty investigator.
            ``(2) Functions.--The Chief of Marine Safety for a sector--
                    ``(A) is responsible for all individuals who, on 
                behalf of the Coast Guard, inspect or examine vessels, 
                conduct marine casualty investigations; and
                    ``(B) if not the Coast Guard officer in command of 
                that sector, is the principal advisor to the Sector 
                Commander regarding marine safety matters in that 
                sector.
    ``(i) Signatories of Letter of Qualification.--Each individual 
signing a letter of qualification for marine safety personnel must hold 
a letter of qualification for the type being certified.
``Sec. 58. Centers of Expertise for Marine Safety
    ``(a) Establishment.--The Commandant of the Coast Guard may 
establish and operate one or more Centers of Expertise for Marine 
Safety (in this section referred to as a `Center').
    ``(b) Missions.--The Centers shall--
            ``(1) be used to provide and facilitate education, 
        training, and research in marine safety including vessel 
        inspection and causality investigation;
            ``(2) develop a repository of information on marine safety; 
        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 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).
``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 Amendment.--The table of sections at the beginning of 
such chapter is further amended by adding at the end the following new 
items:

``57. Marine safety workforce.
``58. Centers of Expertise for Marine Safety.
``59. Marine industry training program.''.

SEC. 723. 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.
            ``(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 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 less frequently than 
        semiannually, the Coast Guard Commandant and the Assistant 
        Commandant for Marine Safety shall jointly assess the progress 
        of the Coast Guard toward achieving the goals set forth in 
        subsection (b). The Commandant and the Assistant Commandant 
        shall jointly convey their assessment to the employees of the 
        Assistant Commandant 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 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:
    ``(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. 724. 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)(4) 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. 725. 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 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 Amendment.--The analysis for such chapter is further 
amended by adding at the end the following new item:

``102. Appeals and waivers.''.

SEC. 726. 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 Amendment.--The analysis for such chapter is further 
amended by adding at the end the following new item:

``200. Marine safety curriculum.''.

SEC. 727. REPORT REGARDING CIVILIAN MARINE INSPECTORS.

    Not later than one 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 VIII--MARINE SAFETY

SEC. 801. SHORT TITLE.

    This title may be cited as the ``Maritime Safety Act of 2009''.

SEC. 802. 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 ``; or''; 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 Stat. 2681-627) and is eligible for a 
                fishery endorsement under this section.''.
    (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) 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 Maritime Safety 
                Act of 2009 and except as provided in paragraph (4), 
                the owner of a vessel eligible under subsection (a), 
                (b), (c), (d), or (e) (other than paragraph (21)), 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.
            ``(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), (d), or (e) 
                (other than paragraph (21)) and that qualifies to be 
                documented with a fishery endorsement pursuant to 
                section 203(g) or 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 203(g) or 213(g) before 
                the replacement vessel is documented with 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 203(g) or 
                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 
        Maritime Safety Act of 2009.
            ``(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) 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 amended--
                    (A) by inserting ``and'' after ``(United States 
                official number 651041)'';
                    (B) by striking ``, NORTHERN TRAVELER (United 
                States official number 635986), and NORTHERN VOYAGER 
                (United States official number 637398) (or a 
                replacement vessel for the NORTHERN VOYAGER that 
                complies with paragraphs (2), (5), and (6) of section 
                208(g) of this Act)''; and
                    (C) by striking ``, in the case of the NORTHERN'' 
                and all that follows through ``PHOENIX,''.
            (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) 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 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 Maritime Safety Act of 2009; 
                        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. 803. COLD 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 in Coast Guard District 17 over the preceding 5 years. The report 
shall include plans for conducting such training in fiscal years 2010 
through 2013.

SEC. 804. FISHING VESSEL SAFETY.

    (a) Safety Standards.--Section 4502 of title 46, United States 
Code, is amended--
            (1) in subsection (a), by--
                    (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 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) 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.
    ``(3) The 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 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 established 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 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) 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.--
            (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 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.--Section 
5102(b)(3) of title 46, United States Code, is amended by inserting 
after ``vessel'' the following ``, unless the vessel is built or 
undergoes a major conversion completed after July 1, 2010''.
    (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 section applies to a vessel to which section 4502(b) of 
this title applies that is at least 50 feet overall in length and--
            ``(1) is built after July 1, 2010; or
            ``(2) undergoes a major conversion completed after that 
        date.
    ``(d)(1) 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, 2010; and
            ``(C) is 25 years of age or older.
    ``(2) Alternative safety compliance programs may be developed for 
purposes of paragraph (1) for specific regions and fisheries.
    ``(3) 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, 2010, shall--
            ``(A) remain subject to the requirements of a 
        classification society approved by the Secretary; and
            ``(B) have on board a certificate from that society.''.
            (2) Clerical 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.''.
    (f) Alternative Safety Compliance Program.--No 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) of the title 46, United States Code, as 
amended by this section.

SEC. 805. 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) 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 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) 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. 806. 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. 807. 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 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. 808. 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:
``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 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 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. 809. 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 Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following:

``3104. Survival craft.''.

SEC. 810. 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 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. 811. 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 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 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 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. 812. 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 vessel of the United States that is constructed under 
a contract entered into after the date of enactment of the Maritime 
Safety Act of 2009, 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 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. 813. OATHS.

    Sections 7105 and 7305 of title 46, United States Code, and the 
items relating to such sections in the analysis for chapters 71 and 73 
of such title, are repealed.

SEC. 814. DURATION OF CREDENTIALS.

    (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:
``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. 815. FINGERPRINTING.

    (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. Fingerprinting
    ``The Secretary of the Department in which the Coast Guard is 
operating may not require an individual to be fingerprinted for the 
issuance or renewal of a license, a certificate of registry, or a 
merchant mariner's document under chapter 71 or 73 if the individual 
was fingerprinted when the individual applied for a transportation 
security card under section 70105.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended 
by adding at the end the following:

``7507. Fingerprinting.''.

SEC. 816. 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, as amended by section 815(a) of this title, is 
further amended by adding at the end the following:
``Sec. 7508. 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 71 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 71 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 
        chapter 71 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 71 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 Amendment.--The analysis for such chapter, as amended 
by section 815(b), is further amended by adding at the end the 
following:

``7508. Authority to extend the duration of licenses, certificates of 
                            registry, and merchant mariner 
                            documents.''.

SEC. 817. MERCHANT MARINER DOCUMENTATION.

    (a) Interim Clearance Process.--Not later than 180 days after the 
date of enactment of this Act, the Secretary of the department in which 
the Coast Guard is operating shall develop an interim clearance process 
for issuance of a merchant mariner document to enable a newly hired 
seaman to begin working on an offshore supply vessel or towing vessel 
if the Secretary makes an initial determination that the seaman does 
not pose a safety and security risk.
    (b) Contents of Process.--The process under subsection (a) shall 
include a check against the consolidated and integrated terrorist watch 
list maintained by the Federal Government, review of the seaman's 
criminal record, and review of the results of testing the seaman for 
use of a dangerous drug (as defined in section 2101 of title 46, United 
States Code) in violation of law or Federal regulation.

SEC. 818. 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. 819. OFFSHORE SUPPLY VESSELS.

    (a) Definition.--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 amended by inserting 
before the period at the end the following: ``of less than 500 gross 
tons as measured under section 14502, or an alternate tonnage measured 
under section 14302 of this title as prescribed by the Secretary under 
section 14104 of this title''.
    (c) Removal of Tonnage Limits.--
            (1) Able seamen-offshore supply vessels.--Section 7310 of 
        title 46, United States Code, is amended by striking ``of 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''.
            (2) Scale of employment: able seamen.--Section 7312(d) of 
        title 46, United States Code, is amended by striking ``of 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''.
    (d) Watches.--Section 8104 of title 46, United States Code, is 
amended--
            (1) in subsection (g), by inserting after ``offshore supply 
        vessel'' the following: ``of less than 500 gross tons as 
        measured under section 14502 of this title, or less than 6,000 
        gross tons as measured under section 14302 of this title as 
        prescribed by the Secretary under section 14104 of this 
        title'';
            (2) in subsection (d), by inserting ``(1)'' after ``(d)'', 
        and by adding at the end the following:
    ``(2) Paragraph (1) does not apply 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 record-keeping of that 
service) prescribed by the Secretary.''; and
            (3) in subsection (e), by striking ``subsection (d)'' and 
        inserting ``subsection (d)(1)''.
    (e) 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 6,000 gross tons, 
as measured under section 14302 of this title, on a voyage of less than 
600 miles shall have at least one licensed mate. Such a vessel on a 
voyage of 600 miles or more shall have two licensed mates.
    ``(2) 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.
    ``(3) An offshore supply vessel shall have at least one mate. 
Additional mates on an offshore supply vessel of at least 6,000 gross 
tons as measured under section 14302 of this title shall be prescribe 
in accordance with hours of service requirements (including recording 
and record-keeping of that service) prescribed by the Secretary.''.
    (f) Regulations.--
            (1) In general.--The Secretary of the department in which 
        the Coast Guard is operating shall promulgate regulations to 
        implement the amendments enacted by this section and chapter 37 
        of title 46, United States Code, for offshore supply vessels of 
        at least 6,000 gross tons, before January 1, 2010.
            (2) Interim final rule authority.--The Secretary shall 
        issue an interim final rule as a temporary regulation 
        implementing this section (including the amendments made by 
        this section), and chapter 37 of title 46, United States Code, 
        for offshore supply vessels of at least 6,000 gross tons, as 
        soon as practicable after the date of enactment of this 
        section, without regard to the provisions of chapter 5 of title 
        5, United States Code. All regulations prescribed under the 
        authority of this paragraph that are not earlier superseded by 
        final regulations shall expire not later than 1 year after the 
        date of enactment of this Act.
            (3) Initiation of rulemaking.--The Secretary may initiate a 
        rulemaking to implement this section (including the amendments 
        made by this section), and chapter 37 of title 46, United 
        States Code, for offshore supply vessels of at least 6,000 
        gross tons, as soon as practicable after the date of enactment 
        of this section. The final rule issued pursuant to that 
        rulemaking may supersede the interim final rule promulgated 
        under this subsection.
            (4) Interim period.--After the date of enactment of this 
        Act and prior to the effective date of the regulations 
        promulgated to implement the amendments enacted by this section 
        under paragraph (2), and notwithstanding the tonnage limits of 
        applicable regulations promulgated prior to the date of 
        enactment of this Act, the Secretary may--
                    (A) issue a certificate of inspection under section 
                3309 of title 46, United States Code, to an offshore 
                supply vessel of at least 500 gross tons as measured 
                under section 14502 of title 46, United States Code, or 
                of at least 6,000 gross tons as measured under section 
                14302 of title 46, United States Code, if the Secretary 
                determines that such vessel's arrangements, equipment, 
                classification, and certifications provide for the safe 
                carriage of individuals in addition to the crew and oil 
                and hazardous substances, taking 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;
                    (B) for the purpose of enforcing chapter 37 of 
                title 46, United States Code, use tank vessel standards 
                for offshore supply vessels of at least 6,000 gross 
                tons after considering the characteristics, methods of 
                operation, and nature of the service of the vessel; and
                    (C) authorize a master, mate, or engineer whom the 
                Secretary decides possesses the experience on an 
                offshore supply vessel under 6,000 gross tons to serve 
                on an offshore supply vessel over at least 6,000 gross 
                tons.

SEC. 820. ASSOCIATED EQUIPMENT.

    Section 2101(1)(B) of title 46, United States Code, is amended by 
inserting ``with the exception of emergency locator beacons,'' before 
``does''.

SEC. 821. LIFESAVING DEVICES ON UNINSPECTED VESSELS.

    Section 4102(b) of title 46, United States Code, is amended to read 
as follows:
    ``(b) The Secretary shall prescribe regulations requiring the 
installation, maintenance, and use of life preservers and other 
lifesaving devices for individuals on board uninspected vessels.''.

SEC. 822. 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.--
            (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. 823. 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 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) 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 to Establish a 
Towing Safety Advisory Committee in the Department of Transportation 
(33 U.S.C. 1231a) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) 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 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 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.
    ``(b) Functions.--The 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. 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 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.''.

                     TITLE IX--CRUISE VESSEL SAFETY

SEC. 901. SHORT TITLE.

    This title may be cited as the ``Cruise Vessel Security and Safety 
Act of 2009''.

SEC. 902. FINDINGS.

    The Congress makes the following findings:
            (1) There are approximately 200 overnight ocean-going 
        cruise vessels worldwide. The average ocean-going cruise vessel 
        carries 2,000 passengers with a crew of 950 people.
            (2) In 2007 alone, approximately 12,000,000 passengers were 
        projected to take a cruise worldwide.
            (3) Passengers on cruise vessels have an inadequate 
        appreciation of their potential vulnerability to crime while on 
        ocean voyages, and those who may be victimized lack the 
        information they need to understand their legal rights or to 
        know whom to contact for help in the immediate aftermath of the 
        crime.
            (4) Sexual violence, the disappearance of passengers from 
        vessels on the high seas, and other serious crimes have 
        occurred during luxury cruises.
            (5) Over the last 5 years, sexual assault and physical 
        assaults on cruise vessels were the leading crimes investigated 
        by the Federal Bureau of Investigation with regard to cruise 
        vessel incidents.
            (6) These crimes at sea can involve attacks both by 
        passengers and crew members on other passengers and crew 
        members.
            (7) Except for United States flagged vessels, or foreign 
        flagged vessels operating in an area subject to the direct 
        jurisdiction of the United States, there are no Federal 
        statutes or regulations that explicitly require cruise lines to 
        report alleged crimes to United States Government officials.
            (8) It is not known precisely how often crimes occur on 
        cruise vessels or exactly how many people have disappeared 
        during ocean voyages because cruise line companies do not make 
        comprehensive, crime-related data readily available to the 
        public.
            (9) Obtaining reliable crime-related cruise data from 
        governmental sources can be difficult, because multiple 
        countries may be involved when a crime occurs on the high seas, 
        including the flag country for the vessel, the country of 
        citizenship of particular passengers, and any countries having 
        special or maritime jurisdiction.
            (10) It can be difficult for professional crime 
        investigators to immediately secure an alleged crime scene on a 
        cruise vessel, recover evidence of an onboard offense, and 
        identify or interview potential witnesses to the alleged crime.
            (11) Most cruise vessels that operate into and out of 
        United States ports are registered under the laws of another 
        country, and investigations and prosecutions of crimes against 
        passengers and crew members may involve the laws and 
        authorities of multiple nations.
            (12) The Coast Guard has found it necessary to establish 
        500-yard security zones around cruise vessels to limit the risk 
        of terrorist attack. Recently piracy has dramatically increased 
        throughout the world.
            (13) To enhance the safety of cruise passengers, the owners 
        of cruise vessels could upgrade, modernize, and retrofit the 
        safety and security infrastructure on such vessels by 
        installing peep holes in passenger room doors, installing 
        security video cameras in targeted areas, limiting access to 
        passenger rooms to select staff during specific times, and 
        installing acoustic hailing and warning devices capable of 
        communicating over distances.

SEC. 903. CRUISE VESSEL SECURITY AND SAFETY REQUIREMENTS.

    (a) In General.--Chapter 35 of title 46, United States Code, is 
amended by adding at the end the following:
``Sec. 3507. Passenger vessel security and safety requirements
    ``(a) Vessel Design, Equipment, Construction, and Retrofitting 
Requirements.--
            ``(1) In general.--Each vessel to which this subsection 
        applies shall comply with the following design and construction 
        standards:
                    ``(A) The vessel shall be equipped with ship rails 
                that are located not less than 42 inches above the 
                cabin deck.
                    ``(B) Each passenger stateroom and crew cabin shall 
                be equipped with entry doors that include peep holes or 
                other means of visual identification.
                    ``(C) For any vessel the keel of which is laid 
                after the date of enactment of the Cruise Vessel 
                Security and Safety Act of 2009, each passenger 
                stateroom and crew cabin shall be equipped with--
                            ``(i) security latches; and
                            ``(ii) time-sensitive key technology.
                    ``(D) The vessel shall integrate technology that 
                can be used for capturing images of passengers or 
                detecting passengers who have fallen overboard, to the 
                extent that such technology is available.
                    ``(E) The vessel shall be equipped with a 
                sufficient number of operable acoustic hailing or other 
                such warning devices to provide communication 
                capability around the entire vessel when operating in 
                high risk areas (as defined by the United States Coast 
                Guard).
            ``(2) Fire safety codes.--In administering the requirements 
        of paragraph (1)(C), the Secretary shall take into 
        consideration fire safety and other applicable emergency 
        requirements established by the U.S. Coast Guard and under 
        international law, as appropriate.
            ``(3) Effective date.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the requirements of paragraph (1) 
                shall take effect 18 months after the date of enactment 
                of the Cruise Vessel Security and Safety Act of 2009.
                    ``(B) Latch and key requirements.--The requirements 
                of paragraph (1)(C) take effect on the date of 
                enactment of the Cruise Vessel Security and Safety Act 
                of 2009.
    ``(b) Video Recording.--
            ``(1) Requirement to maintain surveillance.--The owner of a 
        vessel to which this section applies shall maintain a video 
        surveillance system to assist in documenting crimes on the 
        vessel and in providing evidence for the prosecution of such 
        crimes, as determined by the Secretary.
            ``(2) Access to video records.--The owner of a vessel to 
        which this section applies shall provide to any law enforcement 
        official performing official duties in the course and scope of 
        an investigation, upon request, a copy of all records of video 
        surveillance that the official believes may provide evidence of 
        a crime reported to law enforcement officials.
    ``(c) Safety Information.--The owner of a vessel to which this 
section applies shall provide in each passenger stateroom, and post in 
a location readily accessible to all crew and in other places specified 
by the Secretary, information regarding the locations of the United 
States embassy and each consulate of the United States for each country 
the vessel will visit during the course of the voyage.
    ``(d) Sexual Assault.--The owner of a vessel to which this section 
applies shall--
            ``(1) maintain on the vessel adequate, in-date supplies of 
        anti-retroviral medications and other medications designed to 
        prevent sexually transmitted diseases after a sexual assault;
            ``(2) maintain on the vessel equipment and materials for 
        performing a medical examination in sexual assault cases to 
        evaluate the patient for trauma, provide medical care, and 
        preserve relevant medical evidence;
            ``(3) make available on the vessel at all times medical 
        staff who have undergone a credentialing process to verify that 
        he or she--
                    ``(A) possesses a current physician's or registered 
                nurse's license and--
                            ``(i) has at least 3 years of post-graduate 
                        or post-registration clinical practice in 
                        general and emergency medicine; or
                            ``(ii) holds board certification in 
                        emergency medicine, family practice medicine, 
                        or internal medicine;
                    ``(B) is able to provide assistance in the event of 
                an alleged sexual assault, has received training in 
                conducting forensic sexual assault examination, and is 
                able to promptly perform such an examination upon 
                request and provide proper medical treatment of a 
                victim, including administration of anti-retroviral 
                medications and other medications that may prevent the 
                transmission of human immunodeficiency virus and other 
                sexually transmitted diseases; and
                    ``(C) meets guidelines established by the American 
                College of Emergency Physicians relating to the 
                treatment and care of victims of sexual assault;
            ``(4) prepare, provide to the patient, and maintain written 
        documentation of the findings of such examination that is 
        signed by the patient; and
            ``(5) provide the patient free and immediate access to--
                    ``(A) contact information for local law 
                enforcement, the Federal Bureau of Investigation, the 
                United States Coast Guard, the nearest United States 
                consulate or embassy, and the National Sexual Assault 
                Hotline program or other third party victim advocacy 
                hotline service; and
                    ``(B) a private telephone line and Internet-
                accessible computer terminal by which the individual 
                may confidentially access law enforcement officials, an 
                attorney, and the information and support services 
                available through the National Sexual Assault Hotline 
                program or other third party victim advocacy hotline 
                service.
    ``(e) Confidentiality of Sexual Assault Examination and Support 
Information.--The master or other individual in charge of a vessel to 
which this section applies shall--
            ``(1) treat all information concerning an examination under 
        subsection (d) confidential, so that no medical information may 
        be released to the cruise line or other owner of the vessel or 
        any legal representative thereof without the prior knowledge 
        and approval in writing of the patient, or, if the patient is 
        unable to provide written authorization, the patient's next-of-
        kin, except that nothing in this paragraph prohibits the 
        release of--
                    ``(A) information, other than medical findings, 
                necessary for the owner or master of the vessel to 
                comply with the provisions of subsection (g) or other 
                applicable incident reporting laws;
                    ``(B) information to secure the safety of 
                passengers or crew on board the vessel; or
                    ``(C) any information to law enforcement officials 
                performing official duties in the course and scope of 
                an investigation; and
            ``(2) treat any information derived from, or obtained in 
        connection with, post-assault counseling or other supportive 
        services confidential, so no such information may be released 
        to the cruise line or any legal representative thereof without 
        the prior knowledge and approval in writing of the patient, or, 
        if the patient is unable to provide written authorization, the 
        patient's next-of-kin.
    ``(f) Crew Access to Passenger Staterooms.--The owner of a vessel 
to which this section applies shall--
            ``(1) establish and implement procedures and restrictions 
        concerning--
                    ``(A) which crew members have access to passenger 
                staterooms; and
                    ``(B) the periods during which they have that 
                access; and
            ``(2) ensure that the procedures and restrictions are fully 
        and properly implemented and periodically reviewed.
    ``(g) Log Book and Reporting Requirements.--
            ``(1) In general.--The owner of a vessel to which this 
        section applies shall--
                    ``(A) record in a log book, either electronically 
                or otherwise, in a centralized location readily 
                accessible to law enforcement personnel, a report on--
                            ``(i) all complaints of crimes described in 
                        paragraph (3)(A)(i),
                            ``(ii) all complaints of theft of property 
                        valued in excess of $1,000, and
                            ``(iii) all complaints of other crimes,
                committed on any voyage that embarks or disembarks 
                passengers in the United States; and
                    ``(B) make such log book available upon request to 
                any agent of the Federal Bureau of Investigation, any 
                member of the United States Coast Guard, and any law 
                enforcement officer performing official duties in the 
                course and scope of an investigation.
            ``(2) Details required.--The information recorded under 
        paragraph (1) shall include, at a minimum--
                    ``(A) the vessel operator;
                    ``(B) the name of the cruise line;
                    ``(C) the flag under which the vessel was operating 
                at the time the reported incident occurred;
                    ``(D) the age and gender of the victim and the 
                accused assailant;
                    ``(E) the nature of the alleged crime or complaint, 
                as applicable, including whether the alleged 
                perpetrator was a passenger or a crew member;
                    ``(F) the vessel's position at the time of the 
                incident, if known, or the position of the vessel at 
                the time of the initial report;
                    ``(G) the time, date, and method of the initial 
                report and the law enforcement authority to which the 
                initial report was made;
                    ``(H) the time and date the incident occurred, if 
                known;
                    ``(I) the total number of passengers and the total 
                number of crew members on the voyage; and
                    ``(J) the case number or other identifier provided 
                by the law enforcement authority to which the initial 
                report was made.
            ``(3) Requirement to report crimes and other information.--
                    ``(A) In general.--The owner of a vessel to which 
                this section applies (or the owner's designee)--
                            ``(i) shall contact the nearest Federal 
                        Bureau of Investigation Field Office or Legal 
                        Attache by telephone as soon as possible after 
                        the occurrence on board the vessel of an 
                        incident involving homicide, suspicious death, 
                        a missing United States national, kidnapping, 
                        assault with serious bodily injury, any offense 
                        to which section 2241, 2242, 2243, or 2244 (a) 
                        or (c) of title 18 applies, firing or tampering 
                        with the vessel, or theft of money or property 
                        in excess of $10,000 to report the incident;
                            ``(ii) shall furnish a written report of 
                        the incident to the Secretary via an Internet 
                        based portal;
                            ``(iii) may report any serious incident 
                        that does not meet the reporting requirements 
                        of clause (i) and that does not require 
                        immediate attention by the Federal Bureau of 
                        Investigation via the Internet based portal 
                        maintained by the Secretary of Transportation; 
                        and
                            ``(iv) may report any other criminal 
                        incident involving passengers or crew members, 
                        or both, to the proper State or local 
                        government law enforcement authority.
                    ``(B) Incidents to which subparagraph (A) 
                applies.--Subparagraph (A) applies to an incident 
                involving criminal activity if--
                            ``(i) the vessel, regardless of registry, 
                        is owned, in whole or in part, by a United 
                        States person, regardless of the nationality of 
                        the victim or perpetrator, and the incident 
                        occurs when the vessel is within the admiralty 
                        and maritime jurisdiction of the United States 
                        and outside the jurisdiction of any State;
                            ``(ii) the incident concerns an offense by 
                        or against a United States national committed 
                        outside the jurisdiction of any nation;
                            ``(iii) the incident occurs in the 
                        Territorial Sea of the United States, 
                        regardless of the nationality of the vessel, 
                        the victim, or the perpetrator; or
                            ``(iv) the incident concerns a victim or 
                        perpetrator who is a United States national on 
                        a vessel during a voyage that departed from or 
                        will arrive at a United States port.
            ``(4) Availability of incident data via internet.--
                    ``(A) Website.--The Secretary of Transportation 
                shall maintain a statistical compilation of all 
                incidents described in paragraph (3)(A)(i) on an 
                Internet site that provides a numerical accounting of 
                the missing persons and alleged crimes recorded in each 
                report filed under paragraph (3)(A)(i) that are no 
                longer under investigation by the Federal Bureau of 
                Investigation. The data shall be updated no less 
                frequently than quarterly, aggregated by--
                            ``(i) cruise line, with each cruise line 
                        identified by name; and
                            ``(ii) whether each crime was committed by 
                        a passenger or a crew member.
                    ``(B) Access to website.--Each cruise line taking 
                on or discharging passengers in the United States shall 
                include a link on its Internet website to the website 
                maintained by the Secretary under subparagraph (A).
    ``(h) Enforcement.--
            ``(1) Penalties.--
                    ``(A) Civil penalty.--Any person that violates this 
                section or a regulation under this section shall be 
                liable for a civil penalty of not more than $25,000 for 
                each day during which the violation continues, except 
                that the maximum penalty for a continuing violation is 
                $50,000.
                    ``(B) Criminal penalty.--Any person that willfully 
                violates this section or a regulation under this 
                section shall be fined not more than $250,000 or 
                imprisoned not more than 1 year, or both.
            ``(2) Denial of entry.--The Secretary may deny entry into 
        the United States to a vessel to which this section applies if 
        the owner of the vessel--
                    ``(A) commits an act or omission for which a 
                penalty may be imposed under this subsection; or
                    ``(B) fails to pay a penalty imposed on the owner 
                under this subsection.
    ``(i) Procedures.--Within 6 months after the date of enactment of 
the Cruise Vessel Security and Safety Act of 2009, the Secretary shall 
issue guidelines, training curricula, and inspection and certification 
procedures necessary to carry out the requirements of this section.
    ``(j) Regulations.--The Secretary of Transportation and the 
Commandant shall each issue such regulations as are necessary to 
implement this section.
    ``(k) Application.--
            ``(1) In general.--This section and section 3508 apply to a 
        passenger vessel (as defined in section 2101(22)) that--
                    ``(A) is authorized to carry at least 250 
                passengers;
                    ``(B) has onboard sleeping facilities for each 
                passenger;
                    ``(C) is on a voyage that embarks or disembarks 
                passengers in the United States; and
                    ``(D) is not engaged on a coastwise voyage.
            ``(2) Federal and state vessels.--This section and section 
        3508 do not apply to a vessel that is owned and operated by the 
        United States Government or a vessel that is owned and operated 
        by a State.
    ``(l) Owner Defined.--In this section and section 3508, the term 
`owner' means the owner, charterer, managing operator, master, or other 
individual in charge of a vessel.
``Sec. 3508. Crime scene preservation training for passenger vessel 
              crew members
    ``(a) In General.--Within 1 year after the date of enactment of the 
Cruise Vessel Security and Safety Act of 2009, the Secretary, in 
consultation with the Director of the Federal Bureau of Investigation 
and the Maritime Administrator, shall develop training standards and 
curricula to allow for the certification of passenger vessel security 
personnel, crew members, and law enforcement officials on the 
appropriate methods for prevention, detection, evidence preservation, 
and reporting of criminal activities in the international maritime 
environment. The Administrator of the Maritime Administration may 
certify organizations in the United States and abroad that offer the 
curriculum for training and certification under subsection (c).
    ``(b) Minimum Standards.--The standards established by the 
Secretary under subsection (a) shall include--
            ``(1) the training and certification of vessel security 
        personnel, crew members, and law enforcement officials in 
        accordance with accepted law enforcement and security 
        guidelines, policies, and procedures, including recommendations 
        for incorporating a background check process for personnel 
        trained and certified in foreign countries;
            ``(2) the training of students and instructors in all 
        aspects of prevention, detection, evidence preservation, and 
        reporting of criminal activities in the international maritime 
        environment; and
            ``(3) the provision or recognition of off-site training and 
        certification courses in the United States and foreign 
        countries to develop and provide the required training and 
        certification described in subsection (a) and to enhance 
        security awareness and security practices related to the 
        preservation of evidence in response to crimes on board 
        passenger vessels.
    ``(c) Certification Requirement.--Beginning 2 years after the 
standards are established under subsection (b), no vessel to which this 
section applies may enter a United States port on a voyage (or voyage 
segment) on which a United States citizen is a passenger unless there 
is at least 1 crew member onboard who is certified as having 
successfully completed training in the prevention, detection, evidence 
preservation, and reporting of criminal activities in the international 
maritime environment on passenger vessels under subsection (a).
    ``(d) Interim Training Requirement.--No vessel to which this 
section applies may enter a United States port on a voyage (or voyage 
segment) on which a United States citizen is a passenger unless there 
is at least 1 crew member onboard who has been properly trained in the 
prevention, detection, evidence preservation and the reporting 
requirements of criminal activities in the international maritime 
environment. The owner of such a vessel shall maintain certification or 
other documentation, as prescribed by the Secretary, verifying the 
training of such individual and provide such documentation upon request 
for inspection in connection with enforcement of the provisions of this 
section. This subsection shall take effect 1 year after the date of 
enactment of the Cruise Vessel Safety and Security Act of 2009 and 
shall remain in effect until superseded by the requirements of 
subsection (c).
    ``(e) Civil Penalty.--Any person that violates this section or a 
regulation under this section shall be liable for a civil penalty of 
not more than $50,000.
    ``(f) Denial of Entry.--The Secretary may deny entry into the 
United States to a vessel to which this section applies if the owner of 
the vessel--
            ``(1) commits an act or omission for which a penalty may be 
        imposed under subsection (e); or
            ``(2) fails to pay a penalty imposed on the owner under 
        subsection (e).''.
    (b) Clerical Amendment.--The table of contents for such chapter is 
amended by adding at the end the following:

``3507. Passenger vessel security and safety requirements.
``3508. Crime scene preservation training for passenger vessel crew 
                            members.''.

SEC. 904. STUDY AND REPORT ON THE SECURITY NEEDS OF PASSENGER VESSELS.

    (a) In General.--Within 3 months after the date of enactment of 
this Act, the Secretary of the department in which the United States 
Coast Guard is operating shall conduct a study of the security needs of 
passenger vessels depending on number of passengers on the vessels, and 
report to the Congress findings of the study and recommendations for 
improving security on those vessels.
    (b) Report Contents.--In recommending appropriate security on those 
vessels, the report shall take into account typical crew member shifts, 
working conditions of crew members, and length of voyages.

               TITLE X--UNITED STATES MARINER PROTECTION

SEC. 1001. SHORT TITLE.

    This title may be cited as the ``United States Mariner and Vessel 
Protection Act of 2009''.

SEC. 1002. USE 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
    ``An owner, operator, time charterer, master, or mariner 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 any injury or 
death caused by such force to any person participating in the act of 
piracy.''.
    (b) Clerical 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.''.

SEC. 1003. AGREEMENTS.

    To carry out the purpose of this title, 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 acts of 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 section 
8107 of title 46, United States Code, as amended by this title.

                        TITLE XI--PORT SECURITY

SEC. 1101. MARITIME HOMELAND SECURITY PUBLIC AWARENESS PROGRAM.

    The Secretary of Homeland Security shall establish a program to 
help prevent acts of terrorism and other activities that jeopardize 
maritime homeland security, by seeking the cooperation of the 
commercial and recreational boating industries and the public to 
improve awareness of activity in the maritime domain and report 
suspicious or unusual activity.

SEC. 1102. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL.

    (a) In 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 the Committee 
on Homeland Security and Governmental Affairs 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;
            (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, the Committee on Commerce, Science, and Transportation 
of the Senate, and the Committee on Homeland Security and Governmental 
Affairs of the Senate an assessment of the report's findings and 
recommendations.

SEC. 1103. REVIEW OF INTERAGENCY OPERATIONAL CENTERS.

    (a) In General.--Within 180 days of enactment of this Act, the 
Department of Homeland Security Inspector General shall provide a 
report to the Committee on Homeland Security and the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committees on Homeland Security and Governmental Affairs and 
Commerce, Science, and Transportation of the Senate concerning the 
establishment of Interagency Operational Centers for Port Security 
required by section 108 of the SAFE Port Act (Public Law 109-347).
    (b) Report.--The report shall include--
            (1) an examination of the Department's efforts to establish 
        the Interagency Operational Centers;
            (2) a timeline for construction;
            (3) a detailed breakdown, by center, as to the 
        incorporation of those representatives required by section 
        70107A(b)(3) of title 46, United States Code;
            (4) an analysis of the hurdles faced by the Department in 
        developing these centers;
            (5) information on the number of security clearances 
        attained by State, local, and tribal officials participating in 
        the program; and
            (6) an examination of the relationship between the 
        Interagency Operational Centers and State, local and regional 
        fusion centers participating in the Department of Homeland 
        Security's State, Local, and Regional Fusion Center Initiative 
        under section 511 of the Implementing the Recommendations of 
        the 9/11 Commission Act of 2007 (Public Law 110-53), with a 
        particular emphasis on--
                    (A) how the centers collaborate and coordinate 
                their efforts; and
                    (B) the resources allocated by the Coast Guard to 
                both initiatives.

SEC. 1104. MARITIME SECURITY RESPONSE TEAMS.

    (a) In General.--Section 70106 of title 46, United States Code, is 
amended by striking subsection (c) and inserting the following:
    ``(c) Maritime Security Response Teams.--
            ``(1) In general.--In addition to the maritime safety and 
        security teams, the Secretary shall establish no less than two 
        maritime security response teams to act as the Coast Guard's 
        rapidly deployable counterterrorism and law enforcement 
        response units that can apply advanced interdiction skills in 
        response to threats of maritime terrorism.
            ``(2) Minimization of response time.--The maritime security 
        response teams shall be stationed in such a way to minimize, to 
        the extent practicable, the response time to any reported 
        maritime terrorist threat.
    ``(d) Coordination With Other Agencies.--To the maximum extent 
feasible, each maritime safety and security team and maritime security 
response team shall coordinate its activities with other Federal, 
State, and local law enforcement and emergency response agencies.''.

SEC. 1105. 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 capacity.--Not later than 240 days after the 
        date of enactment of this Act, the Secretary shall--
                    (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--
                    (A) 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;
                    (B) support expansion and upgrading of existing 
                canine training facilities operated by the department 
                in which the Coast Guard is operating; and
                    (C) as appropriate, partner with other Federal, 
                State, or local agencies, nonprofit organizations, 
                universities, or the private sector to increase the 
                breeding and training capacity for Coast Guard canine 
                detection teams.
    (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).
    (d) Authorization.--There are authorized to be appropriated to the 
Secretary such sums as may be necessary to carry out this section for 
fiscal years 2008 through 2012.

SEC. 1106. COAST GUARD PORT ASSISTANCE PROGRAM.

    (a) In General.--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;
                    ``(B) to assist the port or facility in meeting 
                standards established under section 70109A of this 
                chapter; and
                    ``(C) to assist the port or facility in exceeding 
                the standards described in subparagraphs (A) and (B).
            ``(2) Conditions.--The Secretary--
                    ``(A) shall 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 otherwise to bring the port or 
                facility into compliance with those standards and to 
                maintain compliance with them;
                    ``(B) may not provide such assistance unless the 
                port or facility has been subjected to a comprehensive 
                port security assessment by the Coast Guard or a third 
                party entity certified by the Secretary under section 
                70110A(b) to validate foreign port or facility 
                compliance with International Ship and Port Facility 
                Code standards; 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.''.
    (b) 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) The chapter analysis for chapter 701 of title 
                46, United States 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. 1107. MARITIME BIOMETRIC IDENTIFICATION.

    (a) In General.--Within one year after the date of the enactment of 
this Act, the Secretary of Homeland Security, acting through the 
Commandant of the Coast Guard, 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) Cost Analysis.--Within 90 days after the date of the enactment 
of this Act, the Secretary shall submit to the Committees on 
Appropriations and Homeland Security of the House of Representatives 
and the Committees on Appropriations and Homeland Security and 
Governmental Affairs of the Senate an analysis of the cost of expanding 
the Coast Guard's biometric identification capabilities for use by the 
Coast Guards 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) Definition.--For the purposes of this section, the term 
``biometric identification'' means use of fingerprint and digital 
photography images.

SEC. 1108. REVIEW OF POTENTIAL THREATS.

     Not later than 1 year after the date of enactment of this Act, 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 and the Committee on 
Commerce, Science, and Transportation of the Senate a report analyzing 
the threat, vulnerability, and consequence of a terrorist attack on 
gasoline and chemical cargo shipments in port activity areas in the 
United States.

SEC. 1109. PORT SECURITY PILOT.

     The Secretary of Homeland Security shall establish a pilot program 
to test and deploy preventive radiological or nuclear detection 
equipment on Coast Guard vessels and other locations in select port 
regions to enhance border security and for other purposes. The pilot 
program shall leverage existing Federal grant funding to support this 
program and the procurement of additional equipment.

SEC. 1110. SEASONAL WORKERS.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study on the effects that the Transportation Worker 
Identification Card (in this section referred to as ``TWIC'') required 
by section 70105 of title 46, United States Code, has on companies that 
employ seasonal employees.
    (b) Report.--Not later than one year after the date of enactment of 
this Act, the Comptroller General shall submit a report 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 on the results of 
the study, including--
            (1) costs associated in requiring seasonal employees to 
        obtain TWIC cards on companies;
            (2) whether the Coast Guard and Transportation Security 
        Administration are processing TWIC applications quickly enough 
        for seasonal workers to obtain TWIC certification;
            (3) whether TWIC compliance costs or other factors have led 
        to a reduction in service;
            (3) the impact of TWIC on the recruiting and hiring of 
        seasonal and other temporary employees; and
            (4) an assessment of possible alternatives to TWIC 
        certification that may be used for seasonal employees including 
        any security vulnerabilities created by those alternatives.

SEC. 1111. COMPARATIVE RISK ASSESSMENT OF VESSEL-BASED AND FACILITY-
              BASED LIQUEFIED NATURAL GAS REGASIFICATION PROCESSES.

    (a) In General.--Within 90 days after the date of enactment of this 
Act, the Secretary of Homeland Security, acting through the Commandant 
of the Coast Guard, shall enter into an arrangement for the performance 
of an independent study to conduct a comparative risk assessment 
examining the relative safety and security risk associated with vessel-
based and facility-based liquefied natural gas regasification processes 
conducted within 3 miles from land versus such processes conducted more 
than 3 miles from land.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary Homeland Security, acting through the 
Commandant, shall provide a report on the findings and conclusions of 
the study required by this section to the Committees on Homeland 
Security, Transportation and Infrastructure, and Energy and Commerce of 
the House of Representatives, and the Committees on Homeland Security 
and Governmental Affairs and Commerce, Science, and Transportation of 
the Senate.

SEC. 1112. PILOT PROGRAM FOR FINGERPRINTING OF MARITIME WORKERS.

    (a) In 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, to be fingerprinted at any 
facility operated by or under contract with an agency of the Department 
of Homeland Security that fingerprints the public for the Department.
    (b) Expiration.--This section expires on December 31, 2012.

SEC. 1113. 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. 1114. INTERNATIONAL LABOR STUDY.

    The Comptroller General of the United States shall conduct a study 
of methods to conduct a background security investigation of an 
individual who possesses a biometric identification card that complies 
with International Labor Convention number 185 that are equivalent to 
the investigation conducted on individuals applying for a visa to enter 
the United States. The Comptroller General shall submit a report on the 
study within 180 days after the date of enactment of this Act 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.

SEC. 1115. 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 ``2010;'';
                    (B) by repealing paragraph (2);
                    (C) by striking ``(1)''; and
                    (D) by redesignating subparagraphs (A) and (B) as 
                paragraphs (1) and (2).

SEC. 1116. 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. 1117. WATERSIDE SECURITY AROUND ESPECIALLY HAZARDOUS MATERIAL 
              TERMINALS AND TANKERS.

    (a) Enforcement of Security Zones.--Consistent with other 
provisions of Federal law, any security zone established by the Coast 
Guard around a tanker containing an especially hazardous material shall 
be enforced by the Coast Guard. If the Coast Guard must enforce 
multiple simultaneous security zones, the Coast Guard shall allocate 
resources so as to deter to the maximum extent practicable a 
transportation security incident (as that term is defined in section 
70101 of title 46, United States Code).
    (b) Limitation on Reliance on State and Local Government.--Any 
security arrangement approved as part of a facility security plan 
approved after the date of enactment of this Act under section 70103 of 
title 46, United States Code, to assist in the enforcement of any 
security zone established by the Coast Guard around a tanker containing 
an especially hazardous material, or around an especially hazardous 
material terminal on or adjacent to the navigable waters of the United 
States and served by tankers carrying especially hazardous materials, 
may not be based upon the provision of security by a State or local 
government unless the State or local government has entered into a 
contract, cooperative agreement, or other arrangement with the terminal 
operator to provide such services and the Secretary of the department 
in which the Coast Guard is operating, acting through the Commandant of 
the Coast Guard, ensures that the waterborne patrols operated as part 
of that security arrangement by a State or local government have the 
training, resources, personnel, equipment, and experience necessary to 
deter to the maximum extent practicable a transportation security 
incident (as that term is defined in section 70101 of title 46, United 
States Code).
    (c) Determination Required for New Terminals.--The Secretary of the 
department in which the Coast Guard is operating, acting through the 
Commandant of the Coast Guard, may not approve a facility security plan 
under section 70103 of title 46, United States Code, for a new 
especially hazardous material terminal the construction of which is 
begun after the date of enactment of this Act unless the Secretary 
determines that the Coast Guard sector in which the terminal is located 
has available the resources, including State and local government 
resources in accordance with subsection (b), to carry out the 
navigation and maritime security risk management measures identified by 
the Coast Guard pursuant to the Ports and Waterways Safety Act.
    (d) Especially Hazardous Material Defined.--The term ``especially 
hazardous material'' means anhydrous ammonia, ammonium nitrate, 
chlorine, liquefied natural gas, liquefied petroleum gas, and any other 
substance identified by the Secretary of the department in which the 
Coast Guard is operating as an especially hazardous material.

SEC. 1118. REVIEW OF LIQUEFIED NATURAL GAS FACILITIES.

    (a) Notice of Determination.--Consistent with other provisions of 
law, the Secretary of Homeland Security must notify the Federal Energy 
Regulatory Commission when a determination is made that the waterway to 
a proposed waterside liquefied natural gas facility is suitable or 
unsuitable for the marine traffic associated with such facility.
    (b) Federal Energy Regulatory Commission Response.--The Federal 
Energy Regulatory Commission shall respond to the Secretary's 
determination under subsection (a) by informing the Secretary within 90 
days of notification or at the conclusion of any available appeal 
process, whichever is later, of what action the Commission has taken, 
pursuant to its authorities under the Natural Gas Act, regarding a 
proposal to construct and operate a waterside liquefied natural gas 
facility subject to a determination made under subsection (a).

SEC. 1119. USE OF SECONDARY AUTHENTICATION FOR TRANSPORTATION SECURITY 
              CARDS.

    The Secretary of Homeland Security may use a secondary 
authentication system for individuals applying for transportation 
security cards when fingerprints are not able to be taken or read to 
enhance transportation security.

SEC. 1120. REPORT ON STATE AND LOCAL LAW ENFORCEMENT AUGMENTATION OF 
              COAST GUARD RESOURCES WITH RESPECT TO SECURITY ZONES AND 
              UNITED STATES PORTS.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of the department in which the Coast Guard is operating 
shall submit to the Committees on Transportation and Infrastructure and 
Homeland Security of the House of Representatives and the Committees on 
Commerce, Science, and Transportation and Homeland Security and 
Governmental Affairs of the Senate a report on the extent to which 
State and local law enforcement entities are augmenting Coast Guard 
resources by enforcing Coast Guard-imposed security zones around 
vessels transiting to, through, or from United States ports and 
conducting port security patrols. At a minimum, the report shall 
specify-
            (1) 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;
            (2) 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 provided through these 
        agreements;
            (3) 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 (as that term is defined in section 70101 of title 46, 
        United States Code);
            (4) the extent to which the Coast Guard has assessed the 
        ability of State and local law enforcement entities to carry 
        out the security assignments which 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 these 
        entities can deter to the maximum extent practicable a 
        transportation security incident (as that term is defined in 
        section 70101 of title 46, United States Code);
            (5) 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 to the maximum extent 
        practicable a transportation security incident (as that term is 
        defined in section 70101 of title 46, United States Code);
            (6) 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
            (7) 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.

SEC. 1121. ASSESSMENT OF TRANSPORTATION SECURITY CARD ENROLLMENT SITES.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary of Homeland Security 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 September 23, 2009; 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.

                       TITLE XII--ALIEN SMUGGLING

SEC. 1201. SHORT TITLE.

    This title may be cited as the ``Alien Smuggling and Terrorism 
Prevention Act of 2009''.

SEC. 1202. FINDINGS.

    The Congress makes the following findings:
            (1) Alien smuggling by land, air and sea is a transnational 
        crime that violates the integrity of United States borders, 
        compromises our Nation's sovereignty, places the country at 
        risk of terrorist activity, and contravenes the rule of law.
            (2) Aggressive enforcement activity against alien smuggling 
        is needed to protect our borders and ensure the security of our 
        Nation. The border security and anti-smuggling efforts of the 
        men and women on the Nation's front line of defense are to be 
        commended. Special recognition is due the Department of 
        Homeland Security through the United States Border Patrol, 
        United States Coast Guard, Customs and Border Protection, and 
        Immigration and Customs Enforcement, and the Department of 
        Justice through the Federal Bureau of Investigation.
            (3) The law enforcement community must be given the 
        statutory tools necessary to address this security threat. Only 
        through effective alien smuggling statutes can the Justice 
        Department, through the United States Attorneys' Offices and 
        the Domestic Security Section of the Criminal Division, 
        prosecute these cases successfully.
            (4) Alien smuggling has a destabilizing effect on border 
        communities. State and local law enforcement, medical 
        personnel, social service providers, and the faith community 
        play important roles in combating smuggling and responding to 
        its effects.
            (5) Existing penalties for alien smuggling are insufficient 
        to provide appropriate punishment for alien smugglers.
            (6) Existing alien smuggling laws often fail to reach the 
        conduct of alien smugglers, transporters, recruiters, guides, 
        and boat captains.
            (7) Existing laws concerning failure to heave to are 
        insufficient to appropriately punish boat operators and crew 
        who engage in the reckless transportation of aliens on the high 
        seas and seek to evade capture.
            (8) Much of the conduct in alien smuggling rings occurs 
        outside of the United States. Extraterritorial jurisdiction is 
        needed to ensure that smuggling rings can be brought to justice 
        for recruiting, sending, and facilitating the movement of those 
        who seek to enter the United States without lawful authority.
            (9) Alien smuggling can include unsafe or recklessly 
        dangerous conditions that expose individuals to particularly 
        high risk of injury or death.

SEC. 1203. CHECKS AGAINST TERRORIST WATCHLIST.

    The Secretary of Homeland Security shall, to the extent 
practicable, check against all available terrorist watchlists those 
persons suspected of alien smuggling and smuggled individuals who are 
interdicted at the land, air, and sea borders of the United States.

SEC. 1204. STRENGTHENING PROSECUTION AND PUNISHMENT OF ALIEN SMUGGLERS.

    Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 
1324(a)) is amended--
            (1) by amending the subsection heading to read as follows: 
        ``Bringing In, Harboring, and Smuggling of Unlawful and 
        Terrorist Aliens.--'';
            (2) by amending paragraphs (1) through (2) to read as 
        follows:
    ``(1)(A) Whoever, knowing or in reckless disregard of the fact that 
an individual is an alien who lacks lawful authority to come to, enter, 
or reside in the United States, knowingly--
            ``(i) brings that individual to the United States in any 
        manner whatsoever regardless of any future official action 
        which may be taken with respect to such individual;
            ``(ii) recruits, encourages, or induces that individual to 
        come to, enter, or reside in the United States;
            ``(iii) transports or moves that individual in the United 
        States, in furtherance of their unlawful presence; or
            ``(iv) harbors, conceals, or shields from detection the 
        individual in any place in the United States, including any 
        building or any means of transportation;
or attempts or conspires to do so, shall be punished as provided in 
subparagraph (C).
    ``(B) Whoever, knowing that an individual is an alien, brings that 
individual to the United States in any manner whatsoever at a place, 
other than a designated port of entry or place designated by the 
Secretary of Homeland Security, regardless of whether such individual 
has received prior official authorization to come to, enter, or reside 
in the United States and regardless of any future official action which 
may be taken with respect to such individual, or attempts or conspires 
to do so, shall be punished as provided in subparagraph (C).
    ``(C) Whoever commits an offense under this paragraph shall, for 
each individual in respect to whom such a violation occurs--
            ``(i) if the offense results in the death of any person, be 
        fined under title 18, United States Code, and subject to the 
        penalty of death or imprisonment for any term of years or for 
        life;
            ``(ii) if the offense involves kidnapping, an attempt to 
        kidnap, the conduct required for aggravated sexual abuse (as 
        defined in section 2241 of title 18, United States Code, 
        without regard to where it takes place), or an attempt to 
        commit such abuse, or an attempt to kill, be fined under title 
        18, United States Code, or imprisoned for any term of years or 
        life, or both;
            ``(iii) if the offense involves an individual who the 
        defendant knew was engaged in or intended to engage in 
        terrorist activity (as defined in section 212(a)(3)(B)), be 
        fined under title 18, United States Code, or imprisoned not 
        more than 30 years, or both;
            ``(iv) if the offense results in serious bodily injury (as 
        defined in section 1365 of title 18, United States Code) or 
        places in jeopardy the life of any person, be fined under title 
        18, United States Code, or imprisoned not more than 20 years, 
        or both;
            ``(v) if the offense is a violation of paragraph (1)(A)(i) 
        and was committed for the purpose of profit, commercial 
        advantage, or private financial gain, or if the offense was 
        committed with the intent or reason to believe that the 
        individual unlawfully brought into the United States will 
        commit an offense against the United States or any State that 
        is punishable by imprisonment for more than 1 year, be fined 
        under title 18, United States Code, and imprisoned, in the case 
        of a first or second violation, not less than 3 nor more than 
        10 years, and for any other violation, not less than 5 nor more 
        than 15 years;
            ``(vi) if the offense is a violation of paragraphs 
        (1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and was 
        committed for the purpose of profit, commercial advantage, or 
        private financial gain, be fined under title 18, United States 
        Code, or imprisoned not more than 10 years, or both;
            ``(vii) if the offense involves the transit of the 
        defendant's spouse, child, sibling, parent, grandparent, or 
        niece or nephew, and the offense is not described in any of 
        clauses (i) through (vi), be fined under title 18, United 
        States Code, or imprisoned not more than 1 year, or both; and
            ``(viii) in any other case, be fined under title 18, United 
        States Code, or imprisoned not more than 5 years, or both.
    ``(2)(A) There is extraterritorial jurisdiction over the offenses 
described in paragraph (1).
    ``(B) In a prosecution for a violation of, or an attempt or 
conspiracy to violate, subsection (a)(1)(A)(i), (a)(1)(A)(ii), or 
(a)(1)(B), that occurs on the high seas, no defense based on necessity 
can be raised unless the defendant--
            ``(i) as soon as practicable, reported to the Coast Guard 
        the circumstances of the necessity, and if a rescue is claimed, 
        the name, description, registry number, and location of the 
        vessel engaging in the rescue; and
            ``(ii) did not bring, attempt to bring, or in any manner 
        intentionally facilitate the entry of any alien into the land 
        territory of the United States without lawful authority, unless 
        exigent circumstances existed that placed the life of that 
        alien in danger, in which case the reporting requirement set 
        forth in clause (i) is satisfied by notifying the Coast Guard 
        as soon as practicable after delivering the alien to emergency 
        medical or law enforcement personnel ashore.
    ``(C) It is not a violation of, or an attempt or conspiracy to 
violate, clause (iii) or (iv) of paragraph (1)(A), or paragraph 
(1)(A)(ii) (except if a person recruits, encourages, or induces an 
alien to come to or enter the United States), for a religious 
denomination having a bona fide nonprofit, religious organization in 
the United States, or the agents or officer of such denomination or 
organization, to encourage, invite, call, allow, or enable an alien who 
is present in the United States to perform the vocation of a minister 
or missionary for the denomination or organization in the United States 
as a volunteer who is not compensated as an employee, notwithstanding 
the provision of room, board, travel, medical assistance, and other 
basic living expenses, provided the minister or missionary has been a 
member of the denomination for at least one year.
    ``(D) For purposes of this paragraph and paragraph (1)--
            ``(i) the term `United States' means the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, 
        Guam, American Samoa, the United States Virgin Islands, the 
        Commonwealth of the Northern Mariana Islands, and any other 
        territory or possession of the United States; and
            ``(ii) the term `lawful authority' means permission, 
        authorization, or waiver that is expressly provided for in the 
        immigration laws of the United States or the regulations 
        prescribed under those laws and does not include any such 
        authority secured by fraud or otherwise obtained in violation 
        of law or authority that has been sought but not approved.''.

SEC. 1205. MARITIME LAW ENFORCEMENT.

    (a) Penalties.--Subsection (b) of section 2237 of title 18, United 
States Code, is amended to read as follows:
    ``(b) Whoever intentionally violates this section shall--
            ``(1) if the offense results in death or involves 
        kidnapping, an attempt to kidnap, the conduct required for 
        aggravated sexual abuse (as defined in section 2241 without 
        regard to where it takes place), or an attempt to commit such 
        abuse, or an attempt to kill, be fined under such title or 
        imprisoned for any term of years or life, or both;
            ``(2) if the offense results in serious bodily injury (as 
        defined in section 1365 of this title) or transportation under 
        inhumane conditions, be fined under this title, imprisoned not 
        more than 15 years, or both;
            ``(3) if the offense is committed in the course of a 
        violation of section 274 of the Immigration and Nationality Act 
        (alien smuggling); chapter 77 (peonage, slavery, and 
        trafficking in persons), section 111 (shipping), 111A 
        (interference with vessels), 113 (stolen property), or 117 
        (transportation for illegal sexual activity) of this title; 
        chapter 705 (maritime drug law enforcement) of title 46, or 
        title II of the Act of June 15, 1917 (Chapter 30; 40 Stat. 
        220), be fined under this title or imprisoned for not more than 
        10 years, or both; and
            ``(4) in any other case, be fined under this title or 
        imprisoned for not more than 5 years, or both.''.
    (b) Limitation on Necessity Defense.--Section 2237(c) of title 18, 
United States Code, is amended--
            (1) by inserting ``(1)'' after ``(c)'';
            (2) by adding at the end the following:
    ``(2) In a prosecution for a violation of this section, no defense 
based on necessity can be raised unless the defendant--
            ``(A) as soon as practicable upon reaching shore, delivered 
        the person with respect to which the necessity arose to 
        emergency medical or law enforcement personnel;
            ``(B) as soon as practicable, reported to the Coast Guard 
        the circumstances of the necessity resulting giving rise to the 
        defense; and
            ``(C) did not bring, attempt to bring, or in any manner 
        intentionally facilitate the entry of any alien, as that term 
        is defined in section 101(a)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1101 (a)(3)), into the land territory 
        of the United States without lawful authority, unless exigent 
        circumstances existed that placed the life of that alien in 
        danger, in which case the reporting requirement of subparagraph 
        (B) is satisfied by notifying the Coast Guard as soon as 
        practicable after delivering that person to emergency medical 
        or law enforcement personnel ashore.''.
    (c) Definition.--Section 2237(e) of title 18, United States Code, 
is amended--
            (1) by striking ``and'' at the end of paragraph (3);
            (2) by striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(5) the term `transportation under inhumane conditions' 
        means the transportation of persons in an engine compartment, 
        storage compartment, or other confined space, transportation at 
        an excessive speed, transportation of a number of persons in 
        excess of the rated capacity of the means of transportation, or 
        intentionally grounding a vessel in which persons are being 
        transported.''.

SEC. 1206. AMENDMENT TO THE SENTENCING GUIDELINES.

    (a) In General.--Pursuant to its authority under section 994 of 
title 28, United States Code, and in accordance with this section, the 
United States Sentencing Commission shall review and, if appropriate, 
amend the sentencing guidelines and policy statements applicable to 
persons convicted of alien smuggling offenses and criminal failure to 
heave to or obstruction of boarding.
    (b) Considerations.--In carrying out this section, the Sentencing 
Commission, shall--
            (1) consider providing sentencing enhancements or 
        stiffening existing enhancements for those convicted of 
        offenses described in subsection (a) that--
                    (A) involve a pattern of continued and flagrant 
                violations;
                    (B) are part of an ongoing commercial organization 
                or enterprise;
                    (C) involve aliens who were transported in groups 
                of 10 or more;
                    (D) involve the transportation or abandonment of 
                aliens in a manner that endangered their lives; or
                    (E) involve the facilitation of terrorist activity; 
                and
            (2) consider cross-references to the guidelines for 
        Criminal Sexual Abuse and Attempted Murder.
    (c) Expedited Procedures.--The Commission may promulgate the 
guidelines or amendments under this section in accordance with the 
procedures set forth in section 21(a) of the Sentencing Act of 1987, as 
though the authority under that Act had not expired.

                  TITLE XIII--MISCELLANEOUS PROVISIONS

SEC. 1301. CERTIFICATE OF DOCUMENTATION FOR 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 striking paragraphs (3) and (4) and redesignating 
        paragraph (5) as paragraph (3); and
            (3) in paragraph (3) (as so redesignated) by striking all 
        after ``shall expire'' and inserting ``on the date of the sale 
        of the vessel by the owner.''.

SEC. 1302. WAIVERS.

    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) OCEAN VERITAS (IMO Number 7366805).
            (2) MAYA (United States official number 11073).
            (3) ZIPPER (State of New York regulation number NY3205EB).
            (4) GULF DIVER IV (United States official number 553457).
            (5) M/V GEYSIR (United States official number 622178).

SEC. 1303. GREAT LAKES MARITIME RESEARCH INSTITUTE.

    Section 605 of the Coast Guard and Maritime Transportation Act of 
2004 (118 Stat. 1052) is amended--
            (1) in subsection (b)(1)--
                    (A) by striking ``The Secretary of Transportation 
                shall conduct a study that'' and inserting ``The 
                Institute shall conduct maritime transportation studies 
                of the Great Lakes region, including studies that'';
                    (B) in subparagraphs (A), (B), (C), (E), (F), (H), 
                (I), and (J) by striking ``evaluates'' and inserting 
                ``evaluate'';
                    (C) in subparagraphs (D) and (G) by striking 
                ``analyzes'' and inserting ``analyze'';
                    (D) by striking ``and'' at the end of subparagraph 
                (I);
                    (E) by striking the period at the end of 
                subparagraph (J) and inserting a semicolon;
                    (F) by adding at the end the following:
                    ``(K) identify ways to improve the integration of 
                the Great Lakes marine transportation system into the 
                national transportation system;
                    ``(L) examine the potential of expanded operations 
                on the Great Lakes marine transportation system;
                    ``(M) identify ways to include intelligent 
                transportation applications into the Great Lakes marine 
                transportation system;
                    ``(N) analyze the effects and impacts of aging 
                infrastructure and port corrosion on the Great Lakes 
                marine transportation system;
                    ``(O) establish and maintain a model Great Lakes 
                marine transportation system database; and
                    ``(P) identify market opportunities for, and 
                impediments to, the use of United States-flag vessels 
                in trade with Canada on the Great Lakes.''; and
            (2) by striking subsection (b)(4) and inserting the 
        following:
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out paragraph (1)--
                    ``(A) $2,400,000 for fiscal year 2010;
                    ``(B) $2,500,000 for fiscal year 2011;
                    ``(C) $2,600,000 for fiscal year 2012; and
                    ``(D) $2,700,000 for fiscal year 2013.''.

SEC. 1304. CONVEYANCE OF COAST GUARD BOAT HOUSE, NANTUCKET, 
              MASSACHUSETTS.

    (a) Station Brant Point Boat House.--
            (1) Requirement.--The Secretary of the department in which 
        the Coast Guard is operating shall convey to the town of 
        Nantucket, Massachusetts, all right, title, and interest of the 
        United States in and to the buildings known as the Station 
        Brant Point Boat House located at Coast Guard Station Brant 
        Point, Nantucket, Massachusetts, for use for a public purpose.
            (2) Terms of conveyance.--A conveyance of the building 
        under paragraph (1) shall be made--
                    (A) without the payment of consideration; and
                    (B) subject to appropriate terms and conditions the 
                Secretary considers necessary.
            (3) Reversionary interest.--All right, title, and interest 
        in property conveyed under this subsection shall revert to the 
        United States if any portion of the property is used other than 
        for a public purpose.
    (b) Lease.--
            (1) Requirement.--The Secretary of the department in which 
        the Coast Guard is operating shall enter into a lease with the 
        town of Nantucket that authorizes the town of Nantucket to 
        occupy the land on which the buildings conveyed under 
        subsection (a) are located, subject to appropriate terms and 
        conditions the Secretary considers necessary.
            (2) Lease term.--A lease under this subsection shall not 
        expire before January 31, 2033.
            (3) Termination of lease.--If the Secretary determines that 
        the property leased under paragraph (1) is necessary for 
        purposes of the Coast Guard, the Secretary--
                    (A) may terminate the lease without payment of 
                compensation; and
                    (B) shall provide the town of Nantucket not less 
                than 12 months notice of the requirement to vacate the 
                site and move the buildings conveyed under subsection 
                (a) to another location.

SEC. 1305. 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
                    (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 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 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 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. 1306. TECHNICAL CORRECTIONS.

    (a) Coast Guard and Maritime Transportation Act of 2006.--Effective 
with enactment of the Coast Guard and Maritime Transportation Act of 
2006 (Public Law 109-241), such Act is amended--
            (1) in section 311(b) (120 Stat. 530) by inserting 
        ``paragraphs (1) and (2) of'' before ``section 8104(o)'';
            (2) in section 603(a)(2) (120 Stat. 554) 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) by striking 
        ``the'' the second place it appears;
            (4) in section 902(c) (120 Stat. 566) by inserting ``of the 
        United States'' after ``Revised Statutes'';
            (5) in section 902(e) (120 Stat. 567) is amended--
                    (A) by inserting ``and'' after the semicolon at the 
                end of paragraph (1);
                    (B) by 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) (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) (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) is amended--
                    (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 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 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 a period at the end of the item 
        relating to section 198.
    (c) Title 46.--
            (1) The analysis for chapter 81 of title 46, United States 
        Code, is amended by adding a 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. 1307. CONVEYANCE OF DECOMMISSIONED COAST GUARD CUTTER STORIS.

    (a) In General.--Upon the scheduled decommissioning of the Coast 
Guard Cutter STORIS, the Commandant of the Coast Guard shall convey, 
without consideration, all right, title, and interest of the United 
States in and to that vessel to the USCG Cutter STORIS Museum and 
Maritime Education Center, LLC, located in the State of Alaska if the 
recipient--
            (1) agrees--
                    (A) to use the vessel for purposes of a museum and 
                historical display;
                    (B) not to use the vessel for commercial 
                transportation purposes;
                    (C) to make the vessel available to the United 
                States Government if needed for use by the Commandant 
                in time of war or a national emergency; and
                    (D) to hold the Government harmless for any claims 
                arising from exposure to hazardous materials, including 
                asbestos and polychlorinated biphenyls, after 
                conveyance of the vessel, except for claims arising 
                from the use by the Government under subparagraph (C);
            (2) has funds available that will be committed to operate 
        and maintain in good working condition the vessel conveyed, in 
        the form of cash, liquid assets, or a written loan commitment 
        and in an amount of at least $700,000; and
            (3) agrees to any other conditions the Commandant considers 
        appropriate.
    (b) Maintenance and Delivery of Vessel.--
            (1) Maintenance.--Before conveyance of the vessel under 
        this section, the Commandant shall make, to the extent 
        practical and subject to other Coast Guard mission 
        requirements, every effort to maintain the integrity of the 
        vessel and its equipment until the time of delivery.
            (2) Delivery.--If a conveyance is made under this section, 
        the Commandant shall deliver the vessel to a suitable mooring 
        in the local area in its present condition.
            (3) Treatment of conveyance.--The conveyance of the vessel 
        under this section shall not be considered a distribution in 
        commerce for purposes of section 6(e) of Public Law 94-469 (15 
        U.S.C. 2605(e)).
    (c) Other Excess Equipment.--The Commandant may convey to the 
recipient of a conveyance under subsection (a) any excess equipment or 
parts from other decommissioned Coast Guard vessels for use to enhance 
the operability and function of the vessel conveyed under subsection 
(a) for purposes of a museum and historical display.

SEC. 1308. CONVEYANCE OF COAST GUARD HU-25 FALCON JET AIRCRAFT.

    (a) Authority To Convey.--Notwithstanding any other law, the 
Commandant of the Coast Guard may convey to the Elizabeth City State 
University (in this section referred to as the ``University''), a 
public university located in the State of North Carolina, without 
consideration all right, title, and interest of the United States in an 
HU-25 Falcon Jet aircraft under the administrative jurisdiction of the 
Coast Guard that the Commandant determines--
            (1) is appropriate for use by the University; and
            (2) is excess to the needs of the Coast Guard.
    (b) Conditions.--
            (1) In general.--As a condition of conveying an aircraft to 
        the University under subsection (a), the Commandant shall enter 
        into an agreement with the University under which the 
        University agrees--
                    (A) to utilize the aircraft for educational 
                purposes or other public purposes as jointly agreed 
                upon by the Commandant and the University before 
                conveyance; and
                    (B) to hold the United States harmless for any 
                claim arising with respect to the aircraft after 
                conveyance of the aircraft.
            (2) Reversionary interest.--If the Commandant determines 
        that the recipient violated subparagraph (A) or (B) of 
        paragraph (1), then--
                    (A) all right, title, and interest in the aircraft 
                shall revert to the United States;
                    (B) the United States shall have the right to 
                immediate possession of the aircraft; and
                    (C) the recipient shall pay the United States for 
                its costs incurred in recovering the aircraft for such 
                violation.
    (c) Limitation on Future Transfers.--
            (1) In general.--The Commandant shall include in the 
        instruments for the conveyance a requirement that any further 
        conveyance of an interest in the aircraft may not be made 
        without the approval in advance of the Commandant.
            (2) Reversionary interest.--If the Commandant determines 
        that an interest in the aircraft was conveyed without such 
        approval, then--
                    (A) all right, title, and interest in the aircraft 
                shall revert to the United States;
                    (B) the United States shall have the right to 
                immediate possession of the aircraft; and
                    (C) the recipient shall pay the United States for 
                its costs incurred in recovering the aircraft for such 
                a violation.
    (d) Delivery of Aircraft.--The Commandant shall deliver the 
aircraft conveyed under subsection (a)--
            (1) at the place where the aircraft is located on the date 
        of the conveyance;
            (2) in its condition on the date of conveyance; and
            (3) without cost to the United States.
    (e) Additional Terms and Conditions.--The Commandant may require 
such additional terms and conditions in connection with the conveyance 
required by subsection (a) as the Commandant considers appropriate to 
protect the interests of the United States.

SEC. 1309. DECOMMISSIONED COAST GUARD VESSELS FOR HAITI.

    (a) In General.--Notwithstanding any other law, upon the scheduled 
decommissioning of any Coast Guard 41-foot patrol boat, the Commandant 
of the Coast Guard shall give the Government of Haiti a right-of-first-
refusal for conveyance of that vessel to the Government of Haiti, if 
that Government of Haiti agrees--
            (1) to use the vessel for the Coast Guard of Haiti;
            (2) to make the vessel available to the United States 
        Government if needed for use by the Commandant in time of war 
        or national emergency;
            (3) to hold the United States Government harmless for any 
        claims arising from exposure to hazardous materials, including 
        asbestos and polychlorinated biphenyls, after conveyance of the 
        vessel, except for claims arising from the use by the United 
        States Government under paragraph (2); and
            (4) to any other conditions the Commandant considers 
        appropriate.
    (b) Limitation.--The Commandant may not convey more than 10 vessels 
to the Government of Haiti pursuant to this section.
    (c) Maintenance and Delivery of Vessel.--
            (1) Maintenance.--Before conveyance of a vessel under this 
        section, the Commandant shall make, to the extent practical and 
        subject to other Coast Guard mission requirements, every effort 
        to maintain the integrity of the vessel and its equipment until 
        the time of delivery.
            (2) Delivery.--If a conveyance is made under this section, 
        the Commandant shall deliver a vessel to a suitable mooring in 
        the local area in its present condition.
            (3) Treatment of conveyance.--The conveyance of a vessel 
        under this section shall not be considered a distribution in 
        commerce for purposes of section 6(e) of Public Law 94-469 (15 
        U.S.C. 2605(e)).

SEC. 1310. PHASEOUT OF VESSELS SUPPORTING OIL AND GAS DEVELOPMENT.

    (a) In 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 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 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, 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 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 section 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 section 12112 of title 46, United 
States Code.

SEC. 1311. VESSEL TRAFFIC RISK ASSESSMENT.

    (a) Requirement.--The 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 one year after the date 
of enactment of this Act.
    (b) Contents.--The assessment shall describe, for the region 
covered by the assessment--
            (1) the amount and character of present and estimated 
        future shipping traffic in the region; and
            (2) the current and projected use and effectiveness in 
        reducing risk, of--
                    (A) traffic separation schemes and routing 
                measures;
                    (B) long-range vessel tracking systems developed 
                under section 70115 of title 46, United States Code;
                    (C) towing, response, or escort tugs;
                    (D) vessel traffic services;
                    (E) emergency towing packages on vessels;
                    (F) increased spill response equipment including 
                equipment appropriate for severe weather and sea 
                conditions;
                    (G) the Automatic Identification System developed 
                under section 70114 of title 46, United States Code;
                    (H) particularly sensitive sea areas, areas to be 
                avoided, and other traffic exclusion zones;
                    (I) aids to navigation; and
                    (J) vessel response plans.
    (c) Recommendations.--
            (1) In general.--The assessment shall include any 
        appropriate recommendations to enhance the safety, or lessen 
        potential adverse environmental impacts, of marine shipping.
            (2) 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.
    (d) 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.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Commandant $1,000,000 for fiscal year 2010 to the 
conduct the assessment.

SEC. 1312. STUDY OF RELOCATION OF COAST GUARD SECTOR BUFFALO 
              FACILITIES.

    (a) Purposes.--The purposes of this section are--
            (1) to authorize a project study to evaluate the 
        feasibility of consolidating and relocating Coast Guard 
        facilities at Coast Guard Sector Buffalo within the study area;
            (2) to obtain a preliminary plan for the design, 
        engineering, and construction for the consolidation of Coast 
        Guard facilities at Sector Buffalo; and
            (3) to distinguish what Federal lands, if any, shall be 
        identified as excess after the consolidation.
    (b) Definitions.--In this section:
            (1) Commandant.--The term ``Commandant'' means the 
        Commandant of the Coast Guard.
            (2) Sector buffalo.--The term ``Sector Buffalo'' means 
        Coast Guard Sector Buffalo of the Ninth Coast Guard District.
            (3) Study area.--The term ``study area'' means the area 
        consisting of approximately 31 acres of real property and any 
        improvements thereon that are commonly identified as Coast 
        Guard Sector Buffalo, located at 1 Fuhrmann Boulevard, Buffalo, 
        New York, and under the administrative control of the Coast 
        Guard.
    (c) Study.--
            (1) In general.--Within 12 months after the date on which 
        funds are first made available to carry out this section, the 
        Commandant shall conduct a project proposal report of the study 
        area and shall submit such report to the Committee on Commerce, 
        Science, and Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives.
            (2) Requirements.--The project proposal report shall--
                    (A) evaluate the most cost-effective method for 
                providing shore facilities to meet the operational 
                requirements of Sector Buffalo;
                    (B) determine the feasibility of consolidating and 
                relocating shore facilities on a portion of the 
                existing site, while--
                            (i) meeting the operational requirements of 
                        Sector Buffalo; and
                            (ii) allowing the expansion of operational 
                        requirements of Sector Buffalo; and
                    (C) contain a preliminary plan for the design, 
                engineering, and construction of the proposed project, 
                including--
                            (i) the estimated cost of the design, 
                        engineering, and construction of the proposed 
                        project;
                            (ii) an anticipated timeline of the 
                        proposed project; and
                            (iii) a description of what Federal lands, 
                        if any, shall be considered excess to Coast 
                        Guard needs.
    (d) Limitation.--Nothing in this section shall affect the current 
administration and management of the study area.

SEC. 1313. CONVEYANCE OF COAST GUARD VESSELS TO MISSISSIPPI.

    (a) Authority To Convey.--Notwithstanding the Federal Property and 
Administrative Services Act of 1949, the Commandant of the Coast Guard 
may convey to each recipient described in subsection (b) (in this 
section referred to as the ``Sheriff's Department''), without 
consideration all right, title, and interest of the United States in 
and to a Coast Guard trailerable boat, ranging from 17 feet to 30 feet 
in size, that the Commandant determines--
            (1) is appropriate for use by the Sheriff's Department; and
            (2) is excess to the needs of the Coast Guard and the 
        Department of Homeland Security.
    (b) Recipients.--The recipients referred to in subsection (a) are 
the following:
            (1) The Sheriff's Department of Coahoma County, 
        Mississippi.
            (2) The Sheriff's Department of Warren County, Mississippi.
            (3) The Sheriff's Department of Washington County, 
        Mississippi.
    (c) Condition.--As a condition of conveying a vessel under the 
authority provided in subsection (a), the Commandant shall enter into 
an agreement with the Sheriff's Department under which the Sheriff's 
Department agrees--
            (1) to utilize the vessel for homeland security and other 
        appropriate purposes as jointly agreed upon by the Commandant 
        and the Sheriff's Department before conveyance; and
            (2) to take the vessel ``as is'' and to hold the United 
        States harmless for any claim arising with respect to that 
        vessel after conveyance of the vessel, including any claims 
        arising from the condition of the vessel and its equipment or 
        exposure to hazardous materials.
    (d) Delivery of Vessel.--The Commandant shall deliver the vessel 
conveyed under the authority provided in subsection (a)--
            (1) at the place where the vessel is located on the date of 
        the conveyance;
            (2) in its condition on the date of conveyance; and
            (3) without cost to the United States.
    (e) Other Excess Equipment.--The Commandant may further convey any 
excess equipment or parts from other Coast Guard vessels, which are 
excess to the needs of the Coast Guard and the Department of Homeland 
Security, to the Sheriff's Department for use to enhance the 
operability of the vessel conveyed under the authority provided in 
subsection (a).
    (f) Additional Terms and Conditions.--The Commandant 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. 1314. COAST GUARD ASSETS FOR UNITED STATES VIRGIN ISLANDS.

    (a) In General.--The Secretary of Homeland Security may station 
additional Coast Guard assets in the United States Virgin Islands for 
port security and other associated purposes.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for fiscal year 2010 such sums as are 
necessary to carry out this section.

SEC. 1315. OFFICER REQUIREMENTS FOR DISTANT WATER TUNA VESSELS.

    Section 8103 of title 46, United States Code, is amended by adding 
at the end the follow new subsection:
    ``(l) Officer Requirements for Distant Water Tuna Vessels.--
            ``(1) Citizenship.--Notwithstanding subsection (a), a purse 
        seine tuna fishing vessel documented under chapter 121 fishing 
        exclusively for highly migratory species under a fishing 
        license issued pursuant to the 1987 Treaty on Fisheries Between 
        the Governments of Certain Pacific Islands States and the 
        Government of the United States of America in the treaty area 
        (as that term is used in that treaty), or transiting to or from 
        the treaty area exclusively for such purpose, may engage an 
        individual who is not a citizen of the United States to fill a 
        vacancy in a position referred to in subsection (a) (except for 
        the master) if, after timely public notice of the vacancy, no 
        United States citizens are readily available to fill the 
        vacancy.
            ``(2) Restrictions.--
                    ``(A) In general.--An individual may not be engaged 
                under paragraph (1) unless the individual holds a valid 
                license or certificate issued--
                            ``(i) in accordance with the standards 
                        established by the 1995 amendments to the 
                        Convention on Standards of Training, 
                        Certification and Watchkeeping for Seafarers, 
                        1978 (STCW 95); and
                            ``(ii) by an authority that the Secretary 
                        of the department in which the Coast Guard is 
                        operating recognizes as imposing competency and 
                        training standards equivalent to or exceeding 
                        those required for a issued under chapter 71.
                    ``(B) Limitation on application.--Paragraph (1) 
                applies only to engagement of an individual on a vessel 
                that--
                            ``(i) is homeported in American Samoa, 
                        Guam, or the Northern Mariana Islands; and
                            ``(ii) has passed an annual commercial 
                        fishing vessel safety exam administered by a 
                        individual authorized to enforce this title.
            ``(3) Treatment of equivalent license.--The Secretary of 
        the department in which the Coast Guard is operating shall 
        treat a license held by an individual engaged under paragraph 
        (1) that was issued by a foreign government as meeting the 
        requirements of section 8304 with respect to that engagement, 
        if the Secretary determines that the standards for issuing that 
        license are equivalent to the standards that apply under that 
        section.''.

SEC. 1316. ASSESSMENT OF NEEDS FOR ADDITIONAL COAST GUARD PRESENCE IN 
              HIGH LATITUDE REGIONS.

    Within 270 days 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 Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives assessing the need for 
additional Coast Guard prevention and response capability in the high 
latitude regions. The assessment shall address needs for all Coast 
Guard mission areas, including search and rescue, marine pollution 
response and prevention, fisheries enforcement, and maritime commerce. 
The Secretary shall include in the report--
            (1) an assessment of the high latitude operating 
        capabilities of all current Coast Guard assets, including 
        assets acquired under the Deepwater program;
            (2) an assessment of projected needs for Coast Guard 
        forward operating bases in the high latitude regions;
            (3) an assessment of shore infrastructure, personnel, 
        logistics, communications, and resources requirements to 
        support Coast Guard forward operating bases in the high 
        latitude regions;
            (4) an assessment of the need for high latitude icebreaking 
        capability and the capability of the current high latitude 
        icebreaking assets of the Coast Guard, including--
                    (A) whether the Coast Guard's high latitude 
                icebreaking fleet is meeting current mission 
                performance goals;
                    (B) whether the fleet is capable of meeting 
                projected mission performance goals; and
                    (C) an assessment of the material condition, 
                safety, and working conditions aboard high latitude 
                icebreaking assets, including the effect of those 
                conditions on mission performance;
            (5) a detailed estimate of acquisition costs for each of 
        the assets (including shore infrastructure) necessary for 
        additional prevention and response capability in high latitude 
        regions for all Coast Guard mission areas, and an estimate of 
        operations and maintenance costs for such assets for the 
        initial 10-year period of operations; and
            (6) detailed cost estimates (including operating and 
        maintenance for a period of 10 years) for high latitude 
        icebreaking capability to ensure current and projected future 
        mission performance goals are met, including estimates of the 
        costs to--
                    (A) renovate and modernize the Coast Guard's 
                existing high latitude icebreaking fleet; and
                    (B) replace the Coast Guard's existing high 
                latitude icebreaking fleet.

SEC. 1317. STUDY OF REGIONAL RESPONSE VESSEL AND SALVAGE CAPABILITY FOR 
              OLYMPIC PENINSULA COAST, WASHINGTON.

    No later than 180 days after the date of enactment of this Act, the 
Secretary of the department in which the Coast Guard is operating shall 
study through the National Academy of Sciences the need for regional 
response vessel and salvage capability for the State of Washington 
Olympic Peninsula coast. In conducting the study, the National Academy 
of Sciences shall consult with Federal, State, and tribal officials and 
other relevant stakeholders. The study shall--
            (1) identify the capabilities, equipment, and facilities 
        necessary for a response vessel in the entry to the Strait of 
        Juan de Fuca at Neah Bay in order to optimize oil spill 
        protection on Washington's Olympic Peninsula coast and provide 
        rescue towing services, oil spill response, and salvage and 
        firefighting capabilities;
            (2) analyze the multimission capabilities necessary for a 
        rescue vessel and the need for that vessel to utilize cached 
        salvage, oil spill response, and oil storage equipment while 
        responding to a spill or a vessel in distress, and make 
        recommendations as to the placement of such equipment;
            (3) address scenarios that consider all vessel types and 
        weather conditions and compare current Neah Bay rescue vessel 
        capabilities, costs, and benefits with other United States 
        industry-funded response vessels, including those currently 
        operating in Alaska's Prince William Sound;
            (4) determine whether the current level of protection 
        afforded by the Neah Bay response vessel and associated 
        response equipment is comparable to protection in other 
        locations where response vessels operate, including Prince 
        William Sound, Alaska, and if it is not comparable, make 
        recommendations regarding how capabilities, equipment, and 
        facilities should be modified to achieve optimum protection; 
        and
            (5) consider pending firefighting and salvage regulations 
        developed pursuant to the Oil Pollution Act of 1990.

SEC. 1318. STUDY OF BRIDGES OVER NAVIGABLE WATERS.

    The Secretary of Transportation 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. 1319. 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. 1320. DECOMMISSIONED COAST GUARD VESSELS FOR BERMUDA.

    (a) In General.--Notwithstanding any other law, upon the scheduled 
decommissioning of any Coast Guard 41-foot patrol boat and after the 
Government of Haiti has exercised all of their options under section 
1309, the Commandant of the Coast Guard shall give the Government of 
Bermuda a right-of-first-refusal for conveyance of that vessel to the 
Government of Bermuda, if that Government of Bermuda agrees--
            (1) to use the vessel for the Coast Guard of Bermuda;
            (2) to make the vessel available to the United States 
        Government if needed for use by the Commandant in time of war 
        or national emergency;
            (3) to hold the United States Government harmless for any 
        claims arising from exposure to hazardous materials, including 
        asbestos and polychlorinated biphenyls, after conveyance of the 
        vessel, except for claims arising from the use by the United 
        States Government under paragraph (2); and
            (4) to any other conditions the Commandant considers 
        appropriate.
    (b) Limitation.--The Commandant may not convey more than 3 vessels 
to the Government of Bermuda pursuant to this section.
    (c) Maintenance and Delivery of Vessel.--
            (1) Maintenance.--Before conveyance of a vessel under this 
        section, the Commandant shall make, to the extent practical and 
        subject to other Coast Guard mission requirements, every effort 
        to maintain the integrity of the vessel and its equipment until 
        the time of delivery.
            (2) Delivery.--If a conveyance is made under this section, 
        the Commandant shall deliver a vessel to a suitable mooring in 
        the local area in its present condition.
            (3) Treatment of conveyance.--The conveyance of a vessel 
        under this section shall not be considered a distribution in 
        commerce for purposes of section 6(e) of Public Law 94-469 (15 
        U.S.C. 2605(e)).

SEC. 1321. CONVEYANCE OF COAST GUARD VESSELS TO NASSAU COUNTY, NEW 
              YORK.

    (a) Authority To Convey.--Notwithstanding the Federal Property and 
Administrative Services Act of 1949, the Commandant of the Coast Guard 
may convey to the Police Department of Nassau County, New York (in this 
section referred to as the ``Police Department''), without 
consideration all right, title, and interest of the United States in 
and to two Coast Guard 41-foot patrol boats that the Commandant 
determines--
            (1) is appropriate for use by the Police Department; and
            (2) is excess to the needs of the Coast Guard and the 
        Department of Homeland Security.
    (b) Condition.--As a condition of conveying a vessel under the 
authority provided in subsection (a), the Commandant shall enter into 
an agreement with the Police Department under which the Police 
Department agrees--
            (1) to utilize the vessel for homeland security and other 
        appropriate purposes as jointly agreed upon by the Commandant 
        and the Police Department before conveyance; and
            (2) to take the vessel ``as is'' and to hold the United 
        States harmless for any claim arising with respect to that 
        vessel after conveyance of the vessel, including any claims 
        arising from the condition of the vessel and its equipment or 
        exposure to hazardous materials.
    (c) Delivery of Vessel.--The Commandant shall deliver a vessel 
conveyed under the authority provided in subsection (a)--
            (1) at the place where the vessel is located on the date of 
        the conveyance;
            (2) in its condition on the date of conveyance; and
            (3) without cost to the United States.
    (d) Other Excess Equipment.--The Commandant may further convey any 
excess equipment or parts from other Coast Guard vessels, which are 
excess to the needs of the Coast Guard and the Department of Homeland 
Security, to the Police Department for use to enhance the operability 
of a vessel conveyed under the authority provided in subsection (a).
    (e) Additional Terms and Conditions.--The Commandant may require 
such additional terms and conditions in connection with a conveyance 
authorized by subsection (a) as the Commandant considers appropriate to 
protect the interests of the United States.

SEC. 1322. NEWTOWN CREEK, NEW YORK CITY, NEW YORK.

    (a) Study.--The Administrator of the Environmental Protection 
Agency shall conduct a study on the public health, safety, and 
environmental concerns related to the underground petroleum spill on 
the Brooklyn shoreline of Newtown Creek, New York City, New York, in 
Greenpoint, Brooklyn, New York.
    (b) Full-Site Characterization and Collection of New Field 
Evidence.--In carrying out the study under this section, the 
Administrator shall conduct a full-site characterization of the 
underground petroleum spill, including the investigation, collection, 
and analysis of new and updated data and field evidence on the extent 
of the petroleum spill, including any portion of the spill that has 
been diluted into surrounding waters, and any surrounding soil 
contamination or soil vapor contamination.
    (c) Report.--Not later than one year after the date of enactment of 
this Act, the Administrator shall submit a report containing the 
results of the study to the Committee on Environment and Public Works 
and the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastructure of the 
House of Representatives.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000.

SEC. 1323. LAND CONVEYANCE, COAST GUARD PROPERTY IN MARQUETTE COUNTY, 
              MICHIGAN, TO THE CITY OF MARQUETTE, MICHIGAN.

    (a) Conveyance Authorized.--(1) 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) Except as provided in paragraph (3), any cost associated with 
the conveyance shall be borne by the City, including, but not limited 
to, closing costs, attorney fees, and the cost of surveys, inspections, 
title examinations, and deed preparation.
    (3)(A) Except as provided in subparagraph (B), prior to the 
conveyance of the property, the Coast Guard shall perform and bear the 
cost of environmental remediation required under Federal law. Nothing 
in this section shall be construed to compel the Coast Guard to 
complete such remediation before 10 years from the date of enactment of 
this section.
    (B) The City may assume the Coast Guard's responsibility to perform 
and bear the cost of the environmental remediation, provided that--
            (i) the City provides written notice that it will assume 
        responsibility for the performance of such remediation and the 
        cost thereof; and
            (ii) the City and the Coast Guard enter into a written 
        agreement thereon.
    (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.
    (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. 1324. MISSION REQUIREMENT ANALYSIS FOR NAVIGABLE PORTIONS OF THE 
              RIO GRANDE RIVER, TEXAS, INTERNATIONAL WATER BOUNDARY.

    Not later than 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.

SEC. 1325. 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.--Any cost associated with the conveyance 
shall be borne by the purchaser, including, but not limited to--
            (1) closing costs, attorney fees, and the cost of surveys, 
        inspections, title examinations, and deed preparation; and
            (2) environmental analyses, assessments, clearances, and, 
        if required under Federal law, environmental remediation.
    (f) Environmental Remediation.--Before conveyance of the real 
property described in paragraph (a), purchaser shall perform any 
environmental remediation of the property that is required under 
Federal law.
    (g) Credit of Funds.--Notwithstanding any other provision of law, 
the net proceeds of a conveyance, authorized under subsection (a), 
shall--
            (1) be credited to the Coast Guard Environmental Compliance 
        and Restoration appropriations account current at the time 
        collection is made;
            (2) be made available, subject to appropriation, for 
        environmental compliance and restoration purposes in 
        conjunction with any disposal of any property under the 
        administrative control of the Coast Guard; and
            (3) remain available for such purposes until expended.
    (h) 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.
                                                 Union Calendar No. 170

111th CONGRESS

  1st Session

                               H. R. 3619

                      [Report No. 111-303, Part I]

_______________________________________________________________________

                                 A BILL

 To authorize appropriations for the Coast Guard for fiscal year 2010, 
                        and for other purposes.

_______________________________________________________________________

                            October 16, 2009

 Reported from the Committee on Transportation and Infrastructure with 
                              an amendment

                            October 16, 2009

Referred to the Committee on Homeland Security for a period ending not 
 later than October 16, 2009, for consideration of such provisions of 
    the bill and amendment as fall within the jurisdiction of that 
               committee pursuant to clause 1(i), rule X

                            October 16, 2009

Committee on Homeland Security discharged; committeed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed`