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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3619 Engrossed Amendment Senate (EAS)]

                  In the Senate of the United States,

                                                           May 7, 2010.
    Resolved, That the bill from the House of Representatives (H.R. 
3619) entitled ``An Act to authorize appropriations for the Coast Guard 
for fiscal year 2010, and for other purposes.'', do pass with the 
following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coast Guard Authorization Act for 
Fiscal Years 2010 and 2011''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

                        TITLE I--AUTHORIZATIONS

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

                        TITLE II--ADMINISTRATION

Sec. 201. Authority to distribute funds through grants, cooperative 
                            agreements, and contracts to maritime 
                            authorities and organizations.
Sec. 202. Assistance to foreign governments and maritime authorities.
Sec. 203. Cooperative agreements for industrial activities.
Sec. 204. Defining Coast Guard vessels and aircraft.

                        TITLE III--ORGANIZATION

Sec. 301. Vice commandant; vice admirals.
Sec. 302. Number and distribution of commissioned officers on the 
                            active duty promotion list.

                          TITLE IV--PERSONNEL

Sec. 401. Leave retention authority.
Sec. 402. Legal assistance for Coast Guard reservists.
Sec. 403. Reimbursement for certain medical-related expenses.
Sec. 404. Reserve commissioned warrant officer to lieutenant program.
Sec. 405. Enhanced status quo officer promotion system.
Sec. 406. Appointment of civilian Coast Guard judges.
Sec. 407. Coast Guard participation in the Armed Forces Retirement Home 
                            system.
Sec. 408. Crew wages on passenger vessels.
Sec. 409. Protection and fair treatment of seafarers.

                      TITLE V--ACQUISITION REFORM

Sec. 501. Chief Acquisition Officer.
Sec. 502. Acquisitions.

                       ``CHAPTER 15--ACQUISITIONS

                   ``Subchapter 1--General Provisions

            ``Sec.
            ``561. Acquisition directorate
            ``562. Senior acquisition leadership team
            ``563. Improvements in Coast Guard acquisition management
            ``564. Recognition of Coast Guard personnel for excellence 
                            in acquisition
            ``565. Prohibition on use of lead systems integrators
            ``566. Required contract terms
            ``567. Department of Defense consultation
            ``568. Undefinitized contractual actions

      ``Subchapter 2--Improved Acquisition Process and Procedures

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

                      ``Subchapter 3--Definitions

            ``Sec.
            ``581. Definitions''

Sec. 503. Report and guidance on excess pass-through charges.

                   TITLE VI--SHIPPING AND NAVIGATION

Sec. 601. Technical amendments to chapter 313 of title 46, United 
                            States Code.
Sec. 602. Clarification of rulemaking authority.
Sec. 603. Icebreakers.
Sec. 604. Phaseout of vessels supporting oil and gas development.

                      TITLE VII--VESSEL CONVEYANCE

Sec. 701. Short title.
Sec. 702. Conveyance of Coast Guard vessels for public purposes.

                  TITLE VIII--OIL POLLUTION PREVENTION

Sec. 801. Rulemakings.
Sec. 802. Oil transfers from vessels.
Sec. 803. Improvements to reduce human error and near miss incidents.
Sec. 804. Olympic coast national marine sanctuary.
Sec. 805. Prevention of small oil spills.
Sec. 806. Improved coordination with tribal governments.
Sec. 807. Report on availability of technology to detect the loss of 
                            oil.
Sec. 808. Use of oil spill liability trust fund.
Sec. 809. International efforts on enforcement.
Sec. 810. Higher volume port area regulatory definition change.
Sec. 811. Tug escorts for laden oil tankers.
Sec. 812. Extension of financial responsibility.
Sec. 813. Oil spill liability trust fund investment amount.
Sec. 814. Liability for use of single-hull vessels.

                   TITLE IX--MISCELLANEOUS PROVISIONS

Sec. 901. Vessel determination.
Sec. 902. Conveyance of the Presque Isle Light Station Fresnel Lens to 
                            Presque Isle Township, Michigan.
Sec. 903. Land conveyance, Coast Guard property in Marquette County, 
                            Michigan, to the city of Marquette, 
                            Michigan.
Sec. 904. Offshore supply vessels.
Sec. 905. Assessment of certain aids to navigation and traffic flow.
Sec. 906. Alternative licensing program for operators of uninspected 
                            passenger vessels on Lake Texoma in Texas 
                            and Oklahoma.

                       TITLE X--BUDGETARY EFFECTS

Sec. 1001. Budgetary effects.

                        TITLE I--AUTHORIZATIONS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are authorized to be appropriated for necessary expenses of 
the Coast Guard for each of fiscal years 2010 and 2011 as follows:
            (1) For the operation and maintenance of the Coast Guard, 
        $6,556,188,000, of which $24,500,000 is authorized to be 
        derived from the Oil Spill Liability Trust Fund to carry out 
        the purposes of section 1012(a)(5) of the Oil Pollution Act of 
        1990.
            (2) For the acquisition, construction, renovation, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto, $1,383,980,000, of which $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; such funds 
        appropriated for personnel compensation and benefits and 
        related costs of acquisition, construction, and improvements 
        shall be available for procurement of services necessary to 
        carry out the Integrated Deepwater Systems program.
            (3) 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.
            (4) For environmental compliance and restoration functions 
        under chapter 19 of title 14, United States Code, $13,198,000.
            (5) For research, development, test, and evaluation 
        programs related to maritime technology, $19,745,000.
            (6) For operation and maintenance of the Coast Guard 
        reserve program, $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 of active duty personnel of 49,954 as of September 30, 
2010, and 52,452 as of September 30, 2011.
    (b) Military Training Student Loads.--The Coast Guard is authorized 
average military training student loads as follows:
            (1) For recruit and special training, 2,500 student years 
        for fiscal year 2010, and 2,625 student years for fiscal year 
        2011.
            (2) For flight training, 170 student years for fiscal year 
        2010 and 179 student years for fiscal year 2011.
            (3) For professional training in military and civilian 
        institutions, 350 student years for fiscal year 2010 and 368 
        student years for fiscal year 2011.
            (4) For officer acquisition, 1,300 student years for fiscal 
        year 2010 and 1,365 student years for fiscal year 2011.

                        TITLE II--ADMINISTRATION

SEC. 201. AUTHORITY TO DISTRIBUTE FUNDS THROUGH GRANTS, COOPERATIVE 
              AGREEMENTS, AND CONTRACTS TO MARITIME AUTHORITIES AND 
              ORGANIZATIONS.

    Section 149 of title 14, United States Code, is amended by adding 
at the end the following:
    ``(c) Grants to International Maritime Organizations.--The 
Commandant may, after consultation with the Secretary of State, 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 and environmental requirements, classification, and 
port state or flag state law enforcement or oversight.''.

SEC. 202. ASSISTANCE TO FOREIGN GOVERNMENTS AND MARITIME AUTHORITIES.

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

SEC. 203. COOPERATIVE AGREEMENTS FOR 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 and 
enter into reimbursable agreements with establishments, agencies, and 
departments of the Department of Defense and the Department of Homeland 
Security.''.

SEC. 204. DEFINING COAST GUARD VESSELS AND AIRCRAFT.

    (a) In General.--Chapter 17 of title 14, United States Code, is 
amended by inserting after section 638 the following new section:
``Sec. 638a. Coast Guard vessels and aircraft defined
    ``For the purposes of sections 637 and 638 of this title, the term 
Coast Guard vessels and aircraft means--
            ``(1) any vessel or aircraft owned, leased, transferred to, 
        or operated by the Coast Guard and under the command of a Coast 
        Guard member; or
            ``(2) any other vessel or aircraft under the tactical 
        control of the Coast Guard on which one or more members of the 
        Coast Guard are assigned and conducting Coast Guard 
        missions.''.
    (b) Clerical Amendment.--The table of contents for chapter 17 of 
such title is amended by inserting after the item relating to section 
638 the following:

``638a. Coast Guard vessels and aircraft defined.''.

                        TITLE III--ORGANIZATION

SEC. 301. VICE COMMANDANT; VICE ADMIRALS.

     (a) Vice Commandant.--
            (1) Section 41 of title 14, United States Code, is amended 
        by striking ``an admiral,'' and inserting ``admirals,''.
            (2) The fourth sentence of section 47 of title 14, United 
        States Code, is amended by striking ``vice admiral'' and 
        inserting ``admiral''.
    (b) Vice Admirals.--Section 50 of such title is amended to read as 
follows:
``Sec. 50. Vice admirals
    ``(a)(1) The President may designate no more than 4 positions of 
importance and responsibility that shall be held by officers who--
            ``(A) while so serving, shall have the grade of vice 
        admiral, with the pay and allowances of that grade; and
            ``(B) shall perform such duties as the Commandant may 
        prescribe.
    ``(2) The President may appoint, by and with the advice and consent 
of the Senate, and reappoint, by and with the advice and consent of the 
Senate, to any such position an officer of the Coast Guard who is 
serving on active duty above the grade of captain. The Commandant shall 
make recommendations for such appointments.
    ``(b)(1) The appointment and the grade of vice admiral shall be 
effective on the date the officer assumes that duty and, except as 
provided in paragraph (2) of this subsection or in section 51(d) of 
this title, shall terminate on the date the officer is detached from 
that duty.
    ``(2) An officer who is appointed to a position designated under 
subsection (a) shall continue to hold the grade of vice admiral--
            ``(A) while under orders transferring the officer to 
        another position designated under subsection (a), beginning on 
        the date the officer is detached from that duty and terminating 
        on the date before the day the officer assumes the subsequent 
        duty, but not for more than 60 days;
            ``(B) while hospitalized, beginning on the day of the 
        hospitalization and ending on the day the officer is discharged 
        from the hospital, but not for more than 180 days; and
            ``(C) while awaiting retirement, beginning on the date the 
        officer is detached from duty and ending on the day before the 
        officer's retirement, but not for more than 60 days.
    ``(c)(1) An appointment of an officer under subsection (a) does not 
vacate the permanent grade held by the officer.
    ``(2) An officer serving in a grade above rear admiral who holds 
the permanent grade of rear admiral (lower half) shall be considered 
for promotion to the permanent grade of rear admiral as if the officer 
was serving in the officer's permanent grade.
    ``(d) Whenever a vacancy occurs in a position designated under 
subsection (a), the Commandant shall inform the President of the 
qualifications needed by an officer serving in that position or office 
to carry out effectively the duties and responsibilities of that 
position or office.''.
    (c) Repeal.--Section 50a of such title is repealed.
    (d) Conforming Amendments.--Section 51 of such title is amended--
            (1) by striking subsections (a), (b), and (c) and inserting 
        the following:
    ``(a) An officer, other than the Commandant, who, while serving in 
the grade of 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 2\1/2\ 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 2\1/2\ 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) by striking ``Area Commander, or Chief of Staff'' in 
        subsection (d)(2) and inserting ``or Vice Admiral''.
    (e) Continuity of Grade.--Section 52 of title 14, United States 
Code, is amended by inserting ``or admiral'' after ``vice admiral'' the 
first place it appears.
    (f) 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 at the grade of rear admiral.''.
    (g) Clerical Amendments.--
            (1) The section caption for section 47 of such title is 
        amended to read as follows:
``Sec. 47. Vice commandant; appointment''.
            (2) The section caption for section 52 of title 14, United 
        States Code, is amended to read as follows:
``Sec. 52. Vice admirals and admiral, continuity of grade''.
            (3) The table of contents for chapter 3 of such title is 
        amended--
                    (A) by striking the item relating to section 47 and 
                inserting the following:

``47. Vice Commandant; appointment.'';
                    (B) by striking the item relating to section 50a;
                    (C) by striking the item relating to section 50 and 
                inserting the following:

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

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

SEC. 302. NUMBER AND DISTRIBUTION OF COMMISSIONED OFFICERS ON THE 
              ACTIVE DUTY PROMOTION LIST.

    (a) In General.--Section 42 of title 14, United States Code, is 
amended--
            (1) by striking subsections (a), (b), and (c) and inserting 
        the following:
    ``(a) The total number of Coast Guard commissioned officers on the 
active duty promotion list, excluding warrant officers, shall not 
exceed 7,200. This total number may be temporarily increased up to 2 
percent for no more than the 60 days that follow the commissioning of a 
Coast Guard Academy class.
     ``(b) The total number of commissioned officers authorized by this 
section shall be distributed in grade not to exceed the following 
percentages:
            ``(1) 0.375 percent for rear admiral.
            ``(2) 0.375 percent for rear admiral (lower half).
            ``(3) 6.0 percent for captain.
            ``(4) 15.0 percent for commander.
            ``(5) 22.0 percent for lieutenant commander.
The Secretary shall prescribe the percentages applicable to the grades 
of lieutenant, lieutenant (junior grade), and ensign. The Secretary 
may, as the needs of the Coast Guard require, reduce any of the 
percentages set forth in paragraphs (1) through (5) and apply that 
total percentage reduction to any other lower grade or combination of 
lower grades.
    ``(c) The Secretary shall, at least once a year, compute the total 
number of commissioned officers authorized to serve in each grade by 
applying the grade distribution percentages of this section to the 
total number of commissioned officers listed on the current active duty 
promotion list. In making such calculations, any fraction shall be 
rounded to the nearest whole number. The number of commissioned 
officers on the active duty promotion list serving with other 
departments or agencies on a reimbursable basis or excluded under the 
provisions of section 324(d) of title 49, shall not be counted against 
the total number of commissioned officers authorized to serve in each 
grade.'';
            (2) by striking subsection (e) and inserting the following:
    ``(e) 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.''; and
            (3) by striking the caption of such section and inserting 
        the following:
``Sec. 42. Number and distribution of commissioned officers on the 
              active duty promotion list''.
    (b) Clerical Amendment.--The table of contents 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 the active 
                            duty promotion list''.

                          TITLE IV--PERSONNEL

SEC. 401. LEAVE RETENTION AUTHORITY.

    Section 701(f)(2) of title 10, United States Code, is amended by 
inserting ``or a declaration of a major disaster or emergency by the 
President under the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (Public Law 93-288, 42 U.S.C. 5121 et seq.)'' after 
``operation''.

SEC. 402. LEGAL ASSISTANCE FOR COAST GUARD RESERVISTS.

    Section 1044(a)(4) of title 10, United States Code, is amended--
            (1) by striking ``(as determined by the Secretary of 
        Defense),'' and inserting ``(as determined by the Secretary of 
        Defense and the Secretary of the department in which the Coast 
        Guard is operating, with respect to the Coast Guard when it is 
        not operating as a service of the Navy),''; and
            (2) by striking ``prescribed by the Secretary of Defense,'' 
        and inserting ``prescribed by Secretary of Defense and the 
        Secretary of the department in which the Coast Guard is 
        operating, with respect to the Coast Guard when it is not 
        operating as a service of the Navy,''.

SEC. 403. REIMBURSEMENT FOR CERTAIN MEDICAL-RELATED TRAVEL EXPENSES.

    Section 1074i(a) of title 10, United States Code, is amended--
            (1) by striking ``In General.--In'' and inserting ``In 
        General.--(1) In''; and
            (2) by adding at the end the following:
    ``(2) In any case in which a covered beneficiary resides on an 
INCONUS island that lacks public access roads to the mainland and is 
referred by a primary care physician to a specialty care provider on 
the mainland who provides services less than 100 miles from the 
location in which 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.''.

SEC. 404. 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 
        licensed officers of the United States merchant marine; 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. 405. ENHANCED STATUS QUO OFFICER PROMOTION SYSTEM.

    (a) Section 253(a) of title 14, United States Code, is amended--
            (1) by inserting ``and'' after ``considered,''; and
            (2) by striking ``consideration, and the number of officers 
        the board may recommend for promotion'' and inserting 
        ``consideration''.
    (b) Section 258 of such title is amended--
            (1) by inserting ``(a)'' before ``The Secretary''; and
            (2) by adding at the end the following:
    ``(b) In addition to the information provided pursuant to 
subsection (a), the Secretary may furnish the selection board--
            ``(1) specific direction relating to the needs of the 
        service for officers having particular skills, including 
        direction relating to the need for a minimum number of officers 
        with particular skills within a specialty; and
            ``(2) such other guidance that the Secretary believes may 
        be necessary to enable the board to properly perform its 
        functions.
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.''.
    (c) Section 259(a) of such title is amended by striking ``board'' 
the second place it appears and inserting ``board, giving due 
consideration to the needs of the service for officers with particular 
skills so noted in the specific direction furnished pursuant to section 
258 of this title,''.
    (d) Section 260(b) of such title is amended by inserting ``to meet 
the needs of the service (as noted in the specific direction furnished 
the board under section 258 of this title)'' after ``qualified for 
promotion''.

SEC. 406. APPOINTMENT OF CIVILIAN COAST GUARD JUDGES.

    Section 875 of the Homeland Security Act of 2002 (6 U.S.C. 455) is 
amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following:
    ``(c) Appointment of Judges.--The Secretary may appoint civilian 
employees of the Department of Homeland Security 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, United States 
Code.''.

SEC. 407. COAST GUARD PARTICIPATION IN THE ARMED FORCES RETIREMENT HOME 
              SYSTEM.

    (a) Eligibility under the Armed Forces Retirement Home Act.--
Section 1502 of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 
401) is amended--
            (1) by striking ``does not include the Coast Guard when it 
        is not operating as a service of the Navy.'' in paragraph (4) 
        and inserting ``has the meaning given such term in section 
        101(4) of title 10.'';
            (2) by striking ``and'' in paragraph (5)(C);
            (3) by striking ``Affairs.'' in paragraph (5)(D) and 
        inserting ``Affairs; and'';
            (4) by adding at the end of paragraph (5) the following:
                    ``(E) the Assistant Commandant of the Coast Guard 
                for Human Resources.''; and
            (5) by adding at the end of paragraph (6) the following:
                    ``(E) The Master Chief Petty Officer of the Coast 
                Guard.''.
    (b) Deductions.--
            (1) Section 2772 of title 10, United States Code, is 
        amended--
                    (A) by striking ``of the military department'' in 
                subsection (a);
                    (B) by striking ``Armed Forces Retirement Home 
                Board'' in subsection (b) and inserting ``Chief 
                Operating Officer of the Armed Forces Retirement 
                Home''; and
                    (C) by striking subsection (c).
            (2) Section 1007(i) of title 37, United States Code, is 
        amended--
                    (A) by striking ``Armed Forces Retirement Home 
                Board,'' in paragraph (3) and inserting ``Chief 
                Operating Officer of the Armed Forces Retirement 
                Home,''; and
                    (B) by striking ``does not include the Coast Guard 
                when it is not operating as a service of the Navy.'' in 
                paragraph (4) and inserting ``has the meaning given 
                such term in section 101(4) of title 10.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the first day of the first pay period beginning on or after 
January 1, 2010.

SEC. 408. 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 10 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 3 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 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 10 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 3 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.--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.''.

SEC. 409. PROTECTION AND FAIR TREATMENT OF SEAFARERS.

    (a) In General.--Chapter 111 of title 46, United States Code, is 
amended by adding at the end the following new section:
``11113. Protection and fair treatment of seafarers
    ``(a) Purpose.--The purpose of this section is to ensure the 
protection and fair treatment of seafarers.
    ``(b) Fund.--
            ``(1) Establishment.--There is established in the Treasury 
        a special fund known as the `Support of Seafarers Fund'.
            ``(2) Use of amounts in fund.--The amounts covered into the 
        Fund shall be available to the Secretary, without further 
        appropriation and without fiscal year limitation, to--
                    ``(A) pay necessary support, pursuant to subsection 
                (c)(1)(A) of this section; and
                    ``(B) reimburse a shipowner for necessary support, 
                pursuant to subsection (c)(1)(B) of this section.
            ``(3) Amounts credited to fund.--Notwithstanding any other 
        provision of law, the Fund may receive--
                    ``(A) any moneys ordered to be paid to the Fund in 
                the form of community service pursuant to section 
                3563(b) of title 18;
                    ``(B) amounts reimbursed or recovered pursuant to 
                subsection (d) of this section;
                    ``(C) amounts appropriated to the Fund pursuant to 
                subsection (g) of this section; and
                    ``(D) appropriations available to the Secretary for 
                transfer.
            ``(4) Prerequisite for community service credits.--The Fund 
        may receive credits pursuant to paragraph (3)(A) of this 
        subsection only when the unobligated balance of the Fund is 
        less than $5,000,000.
            ``(5) Report required.--
                    ``(A) Except as provided in subparagraph (B) of 
                this paragraph, the Secretary shall not obligate any 
                amount in the Fund in a given fiscal year unless the 
                Secretary has submitted to Congress, concurrent with 
                the President's budget submission for that fiscal year, 
                a report that describes--
                            ``(i) the amounts credited to the Fund, 
                        pursuant to paragraph (3) of this subsection, 
                        for the preceding fiscal year;
                            ``(ii) a detailed description of the 
                        activities for which amounts were charged; and
                            ``(iii) the projected level of expenditures 
                        from the Fund for the coming fiscal year, based 
                        on--
                                    ``(I) on-going activities; and
                                    ``(II) new cases, derived from 
                                historic data.
                    ``(B) The limitation in subparagraph (A) of this 
                paragraph shall not apply to obligations during the 
                first fiscal year during which amounts are credited to 
                the Fund.
            ``(6) Fund manager.--The Secretary shall designate a Fund 
        manager, who shall--
                    ``(A) ensure the visibility and accountability of 
                transactions utilizing the Fund;
                    ``(B) prepare the report required by paragraph (5); 
                and
                    ``(C) monitor the unobligated balance of the Fund 
                and provide notice to the Secretary and the Attorney 
                General whenever the unobligated balance of the Fund is 
                less than $5,000,000.
    ``(c) In General.--
            ``(1) Authority.--The Secretary is authorized--
                    ``(A) to pay, in whole or in part, without further 
                appropriation and without fiscal year limitation, from 
                amounts in the Fund, necessary support of--
                            ``(i) any seafarer who enters, remains, or 
                        has been paroled into the United States and is 
                        involved in an investigation, reporting, 
                        documentation, or adjudication of any matter 
                        that is related to the administration or 
                        enforcement of any treaty, law, or regulation 
                        by the Coast Guard; and
                            ``(ii) any seafarer whom the Secretary 
                        finds to have been abandoned in the United 
                        States; and
                    ``(B) to reimburse, in whole or in part, without 
                further appropriation and without fiscal year 
                limitation, from amounts in the Fund, a shipowner, who 
                has filed a bond or surety satisfactory pursuant to 
                subparagraph (A) and provided necessary support of a 
                seafarer who has been paroled into the United States to 
                facilitate an investigation, reporting, documentation, 
                or adjudication of any matter that is related to the 
                administration or enforcement of any treaty, law, or 
                regulation by the Coast Guard, for costs of necessary 
                support, when the Secretary deems reimbursement 
                necessary to avoid serious injustice.
            ``(2) Limitation.--Nothing in this section shall be 
        construed--
                    ``(A) to create a right, benefit, or entitlement to 
                necessary support; or
                    ``(B) to compel the Secretary to pay, or reimburse 
                the cost of, necessary support.
    ``(d) Reimbursements; Recovery.--
            ``(1) In general.--Any shipowner shall reimburse the Fund 
        an amount equal to the total amount paid from the Fund for 
        necessary support of the seafarer, plus a surcharge of 25 
        percent of such total amount if--
                    ``(A)(i) the shipowner, during the course of an 
                investigation, reporting, documentation, or 
                adjudication of any matter that the Coast Guard 
                referred to a United States Attorney or the Attorney 
                General, fails to provide necessary support of a 
                seafarer who has been paroled into the United States to 
                facilitate the investigation, reporting, documentation, 
                or adjudication; and
                    ``(ii) a criminal penalty is subsequently imposed 
                against the shipowner; or
                    ``(B) the shipowner, under any circumstance, 
                abandons a seafarer in the United States, as decided by 
                the Secretary.
            ``(2) Enforcement.--If a shipowner fails to reimburse the 
        Fund as required under paragraph (1) of this subsection, the 
        Secretary may--
                    ``(A) proceed in rem against any vessel of the 
                shipowner in the Federal district court for the 
                district in which such vessel is found; and
                    ``(B) withhold or revoke the clearance, required by 
                section 60105 of this title, of any vessel of the 
                shipowner wherever such vessel is found.
            ``(3) Whenever clearance is withheld or revoked pursuant to 
        paragraph (2)(B) of this subsection, clearance may be granted 
        if the shipowner reimburses the Fund the amount required under 
        paragraph (1) of this subsection.
    ``(e) Surety; Enforcement of Treaties, Laws, and Regulations.--
            ``(1) Bond and surety authority.--The Secretary is 
        authorized to require a bond or surety satisfactory as an 
        alternative to withholding or revoking clearance required under 
        section 60105 of this title if, in the opinion of the 
        Secretary, such bond or surety satisfactory is necessary to 
        facilitate an investigation, reporting, documentation, or 
        adjudication of any matter that is related to the 
        administration or enforcement of any treaty, law, or regulation 
        by the Coast Guard if the surety corporation providing the bond 
        is authorized by the Secretary of the Treasury under section 
        9305 of title 31 to provide surety bonds under section 9304 of 
        that title.
            ``(2) Application.--The authority to require a bond or a 
        surety satisfactory or to request the withholding or revocation 
        of the clearance required under section 60105 of this title 
        applies to any investigation, reporting, documentation, or 
        adjudication of any matter that is related to the 
        administration or enforcement of any treaty, law, or regulation 
        by the Coast Guard.
    ``(f) Definitions.--In this section:
            ``(1) Abandons; abandoned.--The term `abandons' or 
        `abandoned' means a shipowner's unilateral severance of ties 
        with a seafarer or the shipowner's failure to provide necessary 
        support of a seafarer.
            ``(2) Bond or surety satisfactory.--The term `bond or 
        surety satisfactory' means a negotiated instrument, the terms 
        of which may, at the discretion of the Secretary, include 
        provisions that require the shipowner to--
                    ``(A) provide necessary support of a seafarer who 
                has or may have information pertinent to an 
                investigation, reporting, documentation, or 
                adjudication of any matter that is related to the 
                administration or enforcement of any treaty, law, or 
                regulation by the Secretary;
                    ``(B) facilitate an investigation, reporting, 
                documentation, or adjudication of any matter that is 
                related to the administration or enforcement of any 
                treaty, law, or regulation by the Secretary;
                    ``(C) stipulate to certain incontrovertible facts, 
                including, but not limited to, the ownership or 
                operation of the vessel, or the authenticity of 
                documents and things from the vessel;
                    ``(D) facilitate service of correspondence and 
                legal papers;
                    ``(E) enter an appearance in United States district 
                court;
                    ``(F) comply with directions regarding payment of 
                funds;
                    ``(G) name an agent in the United States for 
                service of process;
                    ``(H) make stipulations as to the authenticity of 
                certain documents in United States district court;
                    ``(I) provide assurances that no discriminatory or 
                retaliatory measures will be taken against a seafarer 
                involved in an investigation, reporting, documentation, 
                or adjudication of any matter that is related to the 
                administration or enforcement of any treaty, law, or 
                regulation by the Secretary;
                    ``(J) provide financial security in the form of 
                cash, bond, or other means acceptable to the Secretary; 
                and
                    ``(K) provide for any other appropriate measures as 
                the Secretary considers necessary to ensure the 
                Government is not prejudiced by granting the clearance 
                required by section 60105 of title 46.
            ``(3) Fund.--The term `Fund' means the Support of Seafarers 
        Fund, established pursuant to this section.
            ``(4) Necessary support.--The term `necessary support' 
        means normal wages, lodging, subsistence, clothing, medical 
        care (including hospitalization), repatriation, and any other 
        expense the Secretary deems appropriate.
            ``(5) Seafarer.--The term `seafarer' means an alien crewman 
        who is employed or engaged in any capacity on board a vessel 
        subject to the jurisdiction of the United States.
            ``(6) Shipowner.--The term `shipowner' means the individual 
        or entity that owns, has an ownership interest in, or operates 
        a vessel subject to the jurisdiction of the United States.
            ``(7) Vessel subject to the jurisdiction of the united 
        states.--The term `vessel subject to the jurisdiction of the 
        United States' has the same meaning it has in section 70502(c) 
        of this title, except that it excludes a vessel owned or 
        bareboat chartered and operated by the United States, by a 
        State or political subdivision thereof, or by a foreign nation, 
        except when that vessel is engaged in commerce.
    ``(g) Regulations.--The Secretary may prescribe regulations to 
implement this section.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Fund $1,500,000 for each of fiscal years 2010, 
2011, and 2012.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 111 of 
title 46, United States Code, is amended by adding at the end the 
following new item:

``11113. Protection and fair treatment of seafarers''.

                      TITLE V--ACQUISITION REFORM

SEC. 501. CHIEF ACQUISITION OFFICER.

    (a) In General.--Chapter 3 of title 14, United States Code, is 
amended by adding at the end the following:
``Sec. 55. Chief Acquisition Officer
    ``(a) In General.--There shall be in the Coast Guard a Chief 
Acquisition Officer selected by the Commandant who shall be a Rear 
Admiral or civilian from the Senior Executive Service (career 
reserved). The Chief Acquisition Officer shall serve at the Assistant 
Commandant level and have acquisition management as that individual's 
primary duty.
    ``(b) Qualifications.--The Chief Acquisition Officer shall be an 
acquisition professional with a Level III certification and must have 
at least 10 years experience in an acquisition position, of which at 
least 4 years were spent as--
            ``(1) the program executive officer;
            ``(2) the program manager of a Level 1 or Level 2 
        acquisition project or program;
            ``(3) the deputy program manager of a Level 1 or Level 2 
        acquisition; or
            ``(4) a combination of such positions.
    ``(c) Functions of the Chief Acquisition Officer.--The functions of 
the Chief Acquisition Officer 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, and services by the Coast Guard by 
        establishing policies, procedures, and practices that ensure 
        that the Coast Guard receives a sufficient number of 
        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 or service procured;
            ``(3) making acquisition decisions in concurrence with the 
        technical authority, or technical authorities, as appropriate, 
        of the Coast Guard, as designated by the Commandant, consistent 
        with all other applicable laws and decisions establishing 
        procedures within the Coast Guard;
            ``(4) ensuring the use of detailed performance 
        specifications in instances in which performance based 
        contracting is used;
            ``(5) managing the direction of acquisition policy for the 
        Coast Guard, including implementation of the unique acquisition 
        policies, regulations, and standards of the Coast Guard;
            ``(6) developing and maintaining an acquisition career 
        management program in the Coast Guard to ensure that there is 
        an adequate acquisition workforce;
            ``(7) assessing the requirements established for Coast 
        Guard personnel regarding knowledge and skill in acquisition 
        resources and management and the adequacy of such requirements 
        for facilitating the achievement of the performance goals 
        established for acquisition management;
            ``(8) developing strategies and specific plans for hiring, 
        training, and professional development; and
            ``(9) reporting to the Commandant, through the chain of 
        command, on the progress made in improving acquisition 
        management capability.''.
    (b) Clerical Amendment.--The table of contents for chapter 3 of 
title 14, United States Code, is amended by adding at the end the 
following:

``55. Chief Acquisition Officer''.
    (c) Selection Deadline.--As soon as practicable after the date of 
enactment of this Act, but no later than October 1, 2011, the 
Commandant of the Coast Guard shall select a Chief Acquisition Officer 
under section 55 of title 14, United States Code.

SEC. 502. ACQUISITIONS.

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

                       ``CHAPTER 15. ACQUISITIONS

                   ``Subchapter 1--General Provisions

``Sec.
``561. Acquisition directorate
``562. Senior acquisition leadership team
``563. Improvements in Coast Guard acquisition management
``564. Recognition of Coast Guard personnel for excellence in 
                            acquisition
``565. Prohibition on use of lead systems integrators
``566. Required contract terms
``567. Department of Defense consultation
``568. Undefinitized contractual actions

      ``Subchapter 2--Improved Acquisition Process and Procedures

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

                      ``Subchapter 3--Definitions

``Sec.
``581. Definitions

                   ``Subchapter 1--General Provisions

``561. Acquisition directorate
    ``(a) Establishment.--The Commandant of the Coast Guard shall 
establish an acquisition directorate to provide guidance and oversight 
for the implementation and management of all Coast Guard acquisition 
processes, programs, and projects.
    ``(b) Mission.--The mission of the acquisition directorate is--
            ``(1) to acquire and deliver assets and systems that 
        increase operational readiness, enhance mission performance, 
        and create a safe working environment; and
            ``(2) to assist in the development of a workforce that is 
        trained and qualified to further the Coast Guard's missions and 
        deliver the best value products and services to the Nation.
``562. Senior acquisition leadership team
    ``(a) Establishment.--The Commandant shall establish a senior 
acquisition leadership team within the Coast Guard comprised of--
            ``(1) the Vice Commandant;
            ``(2) the Deputy and Assistant Commandants;
            ``(3) appropriate senior staff members of each Coast Guard 
        directorate;
            ``(4) appropriate senior staff members for each assigned 
        field activity or command; and
            ``(5) any other Coast Guard officer or employee designated 
        by the Commandant.
    ``(b) Function.--The senior acquisition leadership team shall--
            ``(1) meet at the call of the Commandant at such places and 
        such times as the Commandant may require;
            ``(2) provide advice and information on operational and 
        performance requirements of the Coast Guard;
            ``(3) identify gaps and vulnerabilities in the operational 
        readiness of the Coast Guard;
            ``(4) make recommendations to the Commandant and the Chief 
        Acquisition Officer to remedy the identified gaps and 
        vulnerabilities in the operational readiness of the Coast 
        Guard; and
            ``(5) contribute to the development of a professional, 
        experienced acquisition workforce by providing acquisition-
        experience tours of duty and educational development for 
        officers and employees of the Coast Guard.
``563. Improvements in Coast Guard acquisition management
    ``(a) Project and Program Managers.--
            ``(1) Project or program manager defined.--In this section, 
        the term `project or program manager' means an individual 
        designated--
                    ``(A) to develop, produce, and deploy a new asset 
                to meet identified operational requirements; and
                    ``(B) to manage cost, schedule, and performance of 
                the acquisition or project or program.
            ``(2) Level 1 projects.-- An individual may not be assigned 
        as the project or program manager for a Level 1 acquisition 
        unless the individual holds a Level III acquisition 
        certification as a program manager.
            ``(3) Level 2 projects.--An individual may not be assigned 
        as the project or program manager for a Level 2 acquisition 
        unless the individual holds a Level II acquisition 
        certification as a program manager.
    ``(b) Guidance on Tenure and Accountability of Program and Project 
Managers.--Not later than one year after the date of enactment of the 
Coast Guard Authorization Act for Fiscal years 2010 and 2011, the 
Commandant shall issue guidance to address the qualifications, 
resources, responsibilities, tenure, and accountability of program and 
project managers for the management of acquisition programs and 
projects. The guidance shall address, at a minimum--
            ``(1) the qualifications required for project or program 
        managers, including the number of years of acquisition 
        experience and the professional training levels to be required 
        of those appointed to project or program management positions; 
        and
            ``(2) authorities available to project or program managers, 
        including, to the extent appropriate, the authority to object 
        to the addition of new program requirements that would be 
        inconsistent with the parameters established for an acquisition 
        program.
    ``(c) Acquisition Workforce.--
            ``(1) In general.--The Commandant shall designate a 
        sufficient number of positions to be in the Coast Guard's 
        acquisition workforce to perform acquisition-related functions 
        at Coast Guard headquarters and field activities.
            ``(2) Required positions.--The Commandant shall ensure that 
        members of the acquisition workforce have expertise, education, 
        and training in at least 1 of the following acquisition career 
        fields:
                    ``(A) Acquisition logistics.
                    ``(B) Auditing.
                    ``(C) Business, cost estimating, and financial 
                management.
                    ``(D) Contracting.
                    ``(E) Facilities engineering.
                    ``(F) Industrial or contract property management.
                    ``(G) Information technology.
                    ``(H) Manufacturing, production, and quality 
                assurance.
                    ``(I) Program management.
                    ``(J) Purchasing.
                    ``(K) Science and technology.
                    ``(L) Systems planning, research, development, and 
                engineering.
                    ``(M) Test and evaluation.
            ``(3) Acquisition workforce expedited hiring authority.--
                    ``(A) In general.--For purposes of sections 3304, 
                5333, and 5753 of title 5, the Commandant may--
                            ``(i) designate any category of acquisition 
                        positions within the Coast Guard as shortage 
                        category positions; and
                            ``(ii) use the authorities in such sections 
                        to recruit and appoint highly qualified person 
                        directly to positions so designated.
                    ``(B) Limitation.--The Commandant may not appoint a 
                person to a position of employment under this paragraph 
                after September 30, 2012.
    ``(d) Management Information System.--
            ``(1) In general.--The Commandant shall establish a 
        management information system capability to improve acquisition 
        workforce management and reporting.
            ``(2) Information maintained.--Information maintained with 
        such capability shall include the following standardized 
        information on individuals assigned to positions in the 
        workforce:
                    ``(A) Qualifications, assignment history, and 
                tenure of those individuals assigned to positions in 
                the acquisition workforce or holding acquisition-
                related certifications.
                    ``(B) Promotion rates for officers and members of 
                the Coast Guard in the acquisition workforce.
    ``(e) Career Paths.--To establish acquisition management as a core 
competency of the Coast Guard, the Commandant shall--
            ``(1) 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
            ``(2) publish information on such career paths.
``564. Recognition of Coast Guard personnel for excellence in 
              acquisition
    ``(a) In General.--Not later than 180 days after the date of 
enactment of the Coast Guard Authorization Act for Fiscal Years 2010 
and 2011, the Commandant shall commence implementation of a program to 
recognize excellent performance by individuals and teams comprised of 
officers, members, and employees of the Coast Guard that contributed to 
the long-term success of a Coast Guard acquisition project or program.
    ``(b) Elements.--The program shall include--
            ``(1) specific award categories, criteria, and eligibility 
        and manners of recognition;
            ``(2) procedures for the nomination by personnel of the 
        Coast Guard of individuals and teams comprised of officers, 
        members, and employees of the Coast Guard for recognition under 
        the program; and
            ``(3) procedures for the evaluation of nominations for 
        recognition under the program by one or more panels of 
        individuals from the Government, academia, and the private 
        sector who have such expertise and are appointed in such manner 
        as the Commandant shall establish for the purposes of this 
        program.
    ``(c) Award of Cash Bonuses.--As part of the program required by 
subsection (a), the Commandant, subject to the availability of 
appropriations, may award to any civilian employee recognized pursuant 
to the program a cash bonus to the extent that the performance of such 
individual so recognized warrants the award of such bonus.
``565. Prohibition on use of lead systems integrators
    ``(a) In General.--
            ``(1) Use of lead systems integrator.--Except as provided 
        in subsection (b), the Commandant may not use a private sector 
        entity as a lead systems integrator for an acquisition contract 
        awarded or delivery order or task order issued after the date 
        of enactment of the Coast Guard Authorization Act for Fiscal 
        Years 2010 and 2011.
            ``(2) Full and open competition.--The Commandant and any 
        lead systems integrator engaged by the Coast Guard, pursuant to 
        the exceptions described in subsection (b), shall use full and 
        open competition for any acquisition contract awarded after the 
        date of enactment of that Act, unless otherwise excepted in 
        accordance with the Competition in Contracting Act of 1984 (41 
        U.S.C. 251 note), the amendments made by that Act, and the 
        Federal Acquisition Regulations.
            ``(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 
        subsection (a), the Commandant may use a private sector entity 
        as a lead systems integrator for the Coast Guard to complete 
        the National Distress and Response System Modernization 
        Program, the C4ISR projects directly related to the Integrated 
        Deepwater Program, and National Security Cutters 2 and 3 if the 
        Secretary of Homeland Security certifies that--
                    ``(A) the acquisition is in accordance with the 
                Competition in Contracting Act of 1984 (41 U.S.C. 251 
                note), the amendments made by that Act, and the Federal 
                Acquisition Regulations; and
                    ``(B) the acquisition and the use of a private 
                sector entity as a lead systems integrator for the 
                acquisition is in the best interest of the Federal 
                Government.
            ``(2) Termination date for exceptions.--Except for the 
        modification of delivery or task orders pursuant to Parts 4 and 
        42 of the Federal Acquisition Regulations, the Commandant may 
        not use a private sector entity as a lead systems integrator 
        after the earlier of--
                    ``(A) September 30, 2012; or
                    ``(B) the date on which the Commandant certifies in 
                writing to the appropriate congressional committees 
                that the Coast Guard has available and can retain 
                sufficient contracting 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 system 
                integrator in an efficient and cost-effective manner.
``566. 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 the 
Coast Guard Authorization Act for Fiscal Years 2010 and 2011--
            ``(1) provides that all certifications for an end-state 
        capability or asset under such contract, delivery order, or 
        task order, respectively, will be conducted by the Commandant 
        or an independent third party, and that self-certification by a 
        contractor or subcontractor is not allowed;
            ``(2) 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 the Coast Guard 
Authorization Act for Fiscal Years 2010 and 2011 does not include any 
provision allowing for equitable adjustment that is not consistent with 
the Federal Acquisition Regulations.
    ``(c) Integrated Product Teams.--Integrated product teams, and all 
teams that oversee integrated product teams, shall be chaired by 
officers, members, or employees of the Coast Guard.
    ``(d) Deepwater Technical Authorities.--The Commandant shall 
maintain or designate the technical authorities 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 this title.
``567. Department of Defense consultation
    ``(a) In General.--The Commandant shall make arrangements as 
appropriate with the Secretary of Defense for support in contracting 
and management of Coast Guard acquisition programs. The Commandant 
shall also seek opportunities to make use of Department of Defense 
contracts, and contracts of other appropriate agencies, to obtain the 
best possible price for assets acquired for the Coast Guard.
    ``(b) Inter-service Technical Assistance.--The Commandant shall 
seek to enter into a memorandum of understanding or a memorandum of 
agreement with the Secretary of the Navy to obtain the assistance of 
the Office of the Assistant Secretary of the Navy for Research, 
Development, and Acquisition, including the Navy Systems Command, with 
the oversight of Coast Guard major acquisition programs. The memorandum 
of understanding or memorandum of agreement shall, at a minimum, 
provide for--
            ``(1) the exchange of technical assistance and support that 
        the Assistant Commandants for Acquisition, Human Resources, 
        Engineering, and Information technology may identify;
            ``(2) the use, as appropriate, of Navy technical expertise; 
        and
            ``(3) the 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 Chief 
Acquisition Officer shall adopt, to the extent practicable, procedures 
modeled after those used by the Navy Senior Acquisition Official to 
approve all technical requirements.
``568. Undefinitized contractual actions
    ``(a) In General.--The Coast Guard may not enter into an 
undefinitized contractual action unless such action is directly 
approved by the Head of Contracting Activity of the Coast Guard.
    ``(b) Requests for Undefinitized Contractual Actions.--Any request 
to the Head of Contracting Activity for approval of an undefinitized 
contractual action shall include a description of the anticipated 
effect on requirements of the Coast Guard if a delay is incurred for 
the purposes of determining contractual terms, specifications, and 
price before performance is begun under the contractual action.
    ``(c) Requirements for Undefinitized Contractual Actions.--
            ``(1) Deadline for agreement on terms, specifications, and 
        price.--A contracting officer of the Coast Guard may not enter 
        into an undefinitized contractual action unless the contractual 
        action provides for agreement upon contractual terms, 
        specification, and price by the earlier of--
                    ``(A) the end of the 180-day period beginning on 
                the date on which the contractor submits a qualifying 
                proposal to definitize the contractual terms, 
                specifications, and price; or
                    ``(B) the date on which the amount of funds 
                obligated under the contractual action is equal to more 
                than 50 percent of the negotiated overall ceiling price 
                for the contractual action.
            ``(2) Limitation on obligations.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the contracting officer for an 
                undefinitized contractual action may not obligate under 
                such contractual action an amount that exceeds 50 
                percent of the negotiated overall ceiling price until 
                the contractual terms, specifications, and price are 
                definitized for such contractual action.
                    ``(B) Exception.--Notwithstanding subparagraph (A), 
                if a contractor submits a qualifying proposal to 
                definitize an undefinitized contractual action before 
                an amount that exceeds 50 percent of the negotiated 
                overall ceiling price is obligated on such action, the 
                contracting officer for such action may not obligate 
                with respect to such contractual action an amount that 
                exceeds 75 percent of the negotiated overall ceiling 
                price until the contractual terms, specifications, and 
                price are definitized for such contractual action.
            ``(3) Waiver.--The Commandant may waive the application of 
        this subsection with respect to a contract if the Commandant 
        determines that the waiver is necessary to support--
                    ``(A) a contingency operation (as that term is 
                defined in section 101(a)(13) of title 10);
                    ``(B) operations to prevent or respond to a 
                transportation security incident (as defined in section 
                70101(6) of title 46);
                    ``(C) an operation in response to an emergency that 
                poses an unacceptable threat to human health or safety 
                or to the marine environment; or
                    ``(D) an operation in response to a natural 
                disaster or major disaster or emergency designated by 
                the President under the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
                seq.).
            ``(4) Limitation on application.--This subsection does not 
        apply to an undefinitized contractual action for the purchase 
        of initial spares.
    ``(d) Inclusion of Nonurgent Requirements.--Requirements for spare 
parts and support equipment that are not needed on an urgent basis may 
not be included in an undefinitized contractual action by the Coast 
Guard for spare parts and support equipment that are needed on an 
urgent basis unless the Commandant approves such inclusion as being--
            ``(1) good business practice; and
            ``(2) in the best interests of the United States.
    ``(e) Modification of Scope.--The scope of an undefinitized 
contractual action under which performance has begun may not be 
modified unless the Commandant approves such modification as being--
            ``(1) good business practice; and
            ``(2) in the best interests of the United States.
    ``(f) Allowable Profit.--The Commandant shall ensure that the 
profit allowed on an undefinitized contractual action for which the 
final price is negotiated after a substantial portion of the 
performance required is completed reflects--
            ``(1) the possible reduced cost risk of the contractor with 
        respect to costs incurred during performance of the contract 
        before the final price is negotiated; and
            ``(2) the reduced cost risk of the contractor with respect 
        to costs incurred during performance of the remaining portion 
        of the contract.
    ``(g) Definitions.--In this section:
            ``(1) Undefinitized contractual action.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `undefinitized contractual 
                action' means a new procurement action entered into by 
                the Coast Guard for which the contractual terms, 
                specifications, or price are not agreed upon before 
                performance is begun under the action.
                    ``(B) Exclusion.--The term `undefinitized 
                contractual action' does not include contractual 
                actions with respect to--
                            ``(i) foreign military sales;
                            ``(ii) purchases in an amount not in excess 
                        of the amount of the simplified acquisition 
                        threshold; or
                            ``(iii) special access programs.
            ``(2) Qualifying proposal.--The term `qualifying proposal' 
        means a proposal that contains sufficient information to enable 
        complete and meaningful audits of the information contained in 
        the proposal as determined by the contracting officer.

      ``Subchapter 2--Improved Acquisition Process and Procedures

``571. Identification of major system acquisitions
    ``(a) In General.--
            ``(1) Support mechanisms.--The Commandant shall develop and 
        implement mechanisms to support the establishment of mature and 
        stable operational requirements for acquisitions under this 
        subchapter.
            ``(2) Mission analysis; affordability assessment.--The 
        Commandant may not initiate a Level 1 or Level 2 acquisition 
        project or program until the Commandant--
                    ``(A) completes a mission analysis that--
                            ``(i) identifies any gaps in capability; 
                        and
                            ``(ii) develops a clear mission need; and
                    ``(B) prepares a preliminary affordability 
                assessment for the project or program.
    ``(b) Elements.--
            ``(1) Requirements.--The mechanisms required by subsection 
        (a) shall ensure the implementation of a formal process for the 
        development of a mission-needs statement, concept-of-operations 
        document, capability development plan, and resource proposal 
        for the initial project or program funding, and shall ensure 
        the project or program is included in the Coast Guard Capital 
        Investment Plan.
            ``(2) Assessment of trade-offs.--In conducting an 
        affordability assessment under subsection (a)(2)(B), the 
        Commandant shall develop and implement mechanisms to ensure 
        that trade-offs among cost, schedule, and performance are 
        considered in the establishment of preliminary operational 
        requirements for development and production of new assets and 
        capabilities for Level 1 and Level 2 acquisitions projects and 
        programs.
    ``(c) Human Resource Capital Planning.--The Commandant shall 
develop staffing predictions, define human capital performance 
initiatives, and identify preliminary training needs for any such 
project or program.
    ``(d) DHS Acquisition Approval.--A Level 1 or Level 2 acquisition 
project or program may not be implemented unless it is approved by the 
Department of Homeland Security Acquisition Review Board or the Joint 
Review Board.
``572. Acquisition
    ``(a) In General.--The Commandant may not establish a Level 1 or 
Level 2 acquisition project or program approved under section 571(d) 
until the Commandant--
            ``(1) clearly defines the operational requirements for the 
        project or program;
            ``(2) establishes the feasibility of alternatives;
            ``(3) develops an acquisition project or program baseline;
            ``(4) produces a life-cycle cost estimate; and
            ``(5) assesses the relative merits of alternatives to 
        determine a preferred solution in accordance with the 
        requirements of this section.
    ``(b) Analysis of Alternatives.--
            ``(1) In general.--The Commandant shall conduct an analysis 
        of alternatives for the asset or capability to be acquired in 
        an analyze and select phase of the acquisition process.
            ``(2) Requirements.--The analysis of alternatives 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 and has no substantial financial interest 
        in any part of the acquisition project or program that is the 
        subject of the analysis. At a minimum, the analysis of 
        alternatives shall include--
                    ``(A) an assessment of the technical maturity, and 
                technical and other risks;
                    ``(B) an examination of capability, 
                interoperability, and other disadvantages;
                    ``(C) an evaluation of whether different 
                combinations or quantities of specific assets or 
                capabilities could meet the Coast Guard's overall 
                performance needs;
                    ``(D) a discussion of key assumptions and 
                variables, and sensitivity to change in such 
                assumptions and variables;
                    ``(E) when an alternative is an existing asset or 
                prototype, an evaluation of relevant safety and 
                performance records and costs;
                    ``(F) a calculation of life-cycle costs including--
                            ``(i) an examination of likely research and 
                        development costs and the levels of uncertainty 
                        associated with such estimated costs;
                            ``(ii) an examination of likely production 
                        and deployment costs and levels of uncertainty 
                        associated with such estimated costs;
                            ``(iii) an examination of likely operating 
                        and support costs and the levels of uncertainty 
                        associated with such estimated costs;
                            ``(iv) if they are likely to be 
                        significant, an examination of likely disposal 
                        costs and the levels of uncertainty associated 
                        with such estimated costs; and
                            ``(v) such additional measures as the 
                        Commandant or the Secretary of Homeland 
                        Security determines to be necessary for 
                        appropriate evaluation of the asset; and
                    ``(G) the business case for each viable 
                alternative.
    ``(c) Test and Evaluation Master Plan.--
            ``(1) In general.--For any Level 1 or Level 2 acquisition 
        project or program the Chief Acquisition Officer shall approve 
        a test and evaluation master plan specific to the acquisition 
        project or program for the capability, asset, or subsystems of 
        the capability or asset and intended to minimize technical, 
        cost, and schedule risk as early as practicable in the 
        development of the project or program.
            ``(2) Test and evaluation strategy.--The master plan 
        shall--
                    ``(A) set forth an integrated test and evaluation 
                strategy that will verify that capability-level or 
                asset-level and subsystem-level design and development, 
                including performance and supportability, have been 
                sufficiently proven before the capability, asset, or 
                subsystem of the capability or asset is approved for 
                production; and
                    ``(B) require that adequate developmental tests and 
                evaluations and operational tests and evaluations 
                established under subparagraph (A) are performed to 
                inform production decisions.
            ``(3) Other components of the master plan.--At a minimum, 
        the master plan shall identify--
                    ``(A) the key performance parameters to be resolved 
                through the integrated test and evaluation strategy;
                    ``(B) critical operational issues to be assessed in 
                addition to the key performance parameters;
                    ``(C) specific development test and evaluation 
                phases and the scope of each phase;
                    ``(D) modeling and simulation activities to be 
                performed, if any, and the scope of such activities;
                    ``(E) early operational assessments to be 
                performed, if any, and the scope of such assessments;
                    ``(F) operational test and evaluation phases;
                    ``(G) an estimate of the resources, including 
                funds, that will be required for all test, evaluation, 
                assessment, modeling, and simulation activities; and
                    ``(H) the Government entity or independent entity 
                that will perform the test, evaluation, assessment, 
                modeling, and simulation activities.
            ``(4) Update.--The Chief Acquisition Officer shall approve 
        an updated master plan whenever there is a revision to project 
        or program test and evaluation strategy, scope, or phasing.
            ``(5) Limitation.--The Coast Guard may not--
                    ``(A) proceed beyond that phase of the acquisition 
                process that entails approving the supporting 
                acquisition of a capability or asset before the master 
                plan is approved by the Chief Acquisition Officer; or
                    ``(B) award any production contract for a 
                capability, asset, or subsystem for which a master plan 
                is required under this subsection before the master 
                plan is approved by the Chief Acquisition Officer.
    ``(d) Life-cycle cost estimates.--
            ``(1) In general.--The Commandant shall implement 
        mechanisms to ensure the development and regular updating of 
        life-cycle cost estimates for each Level 1 or Level 2 
        acquisition to ensure that these estimates are considered in 
        decisions to develop or produce new or enhanced capabilities 
        and assets.
            ``(2) Types of estimates.--In addition to life-cycle cost 
        estimates that may be developed by acquisition program offices, 
        the Commandant shall require that an independent life-cycle 
        cost estimate be developed for each Level 1 or Level 2 
        acquisition project or program.
            ``(3) Required updates.--For each Level 1 or Level 2 
        acquisition project or program the Commandant shall require 
        that life-cycle cost estimates shall be updated before each 
        milestone decision is concluded and the project or program 
        enters a new acquisition phase.
    ``(e) DHS Acquisition Approval.--A project or program may not enter 
the obtain phase under section 573 unless the Department of Homeland 
Security Acquisition Review Board or the Joint Review Board (or other 
entity to which such responsibility is delegated by the Secretary of 
Homeland Security) has approved the analysis of alternatives for the 
project. The Joint Review Board may also approve the low rates initial 
production quantity for the project or program if such an initial 
production quantity is planned by the acquisition project or program 
and deemed appropriate by the Joint Review Board.
``573. Preliminary development and demonstration
    ``(a) In General.--The Commandant shall ensure that developmental 
test and evaluation, operational test and evaluation, life cycle cost 
estimates, and the development and demonstration requirements are met 
to confirm that the projects or programs meet the requirements 
described in the mission-needs statement and the operational-
requirements document and the following development and demonstration 
objectives:
            ``(1) To demonstrate that the most promising design, 
        manufacturing, and production solution is based upon a stable, 
        producible, and cost-effective product design.
            ``(2) To ensure that the product capabilities meet contract 
        specifications, acceptable operational performance 
        requirements, and system security requirements.
            ``(3) To ensure that the product design is mature enough to 
        commit to full production and deployment.
    ``(b) Tests and Evaluations.--
            ``(1) In general.--The Commandant shall ensure that the 
        Coast Guard conducts developmental tests and evaluations and 
        operational tests and evaluations of a capability or asset and 
        the subsystems of the capability or asset for which a master 
        plan has been prepared under section 572(c)(1).
            ``(2) Use of third parties.--The Commandant shall ensure 
        that the Coast Guard uses independent third parties with 
        expertise in testing and evaluating the capabilities or assets 
        and the subsystems of the capabilities or assets being acquired 
        to conduct developmental tests and evaluations and operational 
        tests and evaluations whenever the Coast Guard lacks the 
        capability to conduct the tests and evaluations required by a 
        master plan.
            ``(3) Communication of safety concerns.--The Commandant 
        shall require that safety concerns identified during 
        developmental or operational tests and evaluations or through 
        independent or Government-conducted design assessments of 
        capabilities or assets and subsystems of capabilities or assets 
        to be acquired by the Coast Guard shall be communicated as soon 
        as practicable, but not later than 30 days after the completion 
        of the test or assessment event or activity that identified the 
        safety concern, to the program manager for the capability or 
        asset and the subsystems concerned and to the Chief Acquisition 
        Officer.
            ``(4) 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 
        subsystems 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 Chief Acquisition Officer and 
                include in such notification--
                            ``(i) an explanation of the actions that 
                        will be taken to correct or mitigate the safety 
                        concern in all capabilities or assets and 
                        subsystems of the capabilities or assets yet to 
                        be produced, and the date by which those 
                        actions will be taken;
                            ``(ii) an explanation of the actions that 
                        will be taken to correct or mitigate the safety 
                        concern in previously produced capabilities or 
                        assets and subsystems of the capabilities or 
                        assets, and the date by which those actions 
                        will be taken; and
                            ``(iii) an assessment of the adequacy of 
                        current funding to correct or mitigate the 
                        safety concern in capabilities or assets and 
                        subsystems of the capabilities or assets and in 
                        previously produced capabilities or assets and 
                        subsystems.
    ``(c) Technical Certification.--
            ``(1) In general.--The Commandant shall ensure that any 
        Level 1 or Level 2 acquisition project or program is certified 
        by the technical authority of the Coast Guard after review by 
        an independent third party with capabilities in the mission 
        area, asset, or particular asset component.
            ``(2) TEMPEST testing.--The Commandant shall--
                    ``(A) cause all electronics on all aircraft, 
                surface, and shore assets that require TEMPEST 
                certification and that are delivered after the date of 
                enactment of the Coast Guard Authorization Act for 
                Fiscal Years 2010 and 2011 to be tested in accordance 
                with master plan standards and communications security 
                standards by an independent third party that is 
                authorized by the Federal Government to perform such 
                testing; and
                    ``(B) certify that the assets meet all applicable 
                TEMPEST requirements.
            ``(3) Vessel classification.--The Commandant shall cause 
        each cutter, other than the National Security Cutter, acquired 
        by the Coast Guard and delivered after the date of enactment of 
        the Coast Guard Authorization Act for Fiscal Years 2010 and 
        2011 is to be classed by the American Bureau of Shipping before 
        final acceptance.
    ``(d) Acquisition Decision.--The Commandant may not proceed to full 
scale production, deployment, and support of a Level 1 or Level 2 
acquisition project or program unless the Department of Homeland 
Security Acquisition Review Board has verified that the delivered asset 
or system meets the project or program performance and cost goals.
``574. Acquisition, production, deployment, and support
    ``(a) In General.--The Commandant shall--
            ``(1) ensure there is a stable and efficient production and 
        support capability to develop an asset or system;
            ``(2) conduct follow on testing to confirm and monitor 
        performance and correct deficiencies; and
            ``(3) conduct acceptance tests and trails upon the delivery 
        of each asset or system to ensure the delivered asset or system 
        achieves full operational capability.
    ``(b) Elements.--The Commandant shall--
            ``(1) execute the productions contracts;
            ``(2) ensure the delivered products meet operational cost 
        and schedules requirements established in the acquisition 
        program baseline;
            ``(3) validate manpower and training requirements to meet 
        system needs to operate, maintain, support, and instruct the 
        system; and
            ``(4) prepare a project or program transition plan to enter 
        into programmatic sustainment, operations, and support.
``575. Acquisition program baseline breach
    ``(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 15 percent of the 
        acquisition program baseline for that individual capability or 
        asset or a class of capabilities or assets;
            ``(2) a likely delay of more than 180 days in the delivery 
        schedule for any individual capability or asset or class of 
        capabilities or assets; or
            ``(3) an anticipated failure for any individual capability 
        or asset or class of capabilities or assets to satisfy any key 
        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 25 percent or a likely delay is greater than 12 
months from the costs and schedule described in the acquisition program 
baseline for any Level 1 or Level 2 acquisition project or program of 
the Coast Guard, the Commandant shall include in the report a written 
certification, with a supporting explanation, that--
            ``(1) the capability or asset or capability or asset class 
        to be acquired under the project or program is essential to the 
        accomplishment of Coast Guard missions;
            ``(2) there are no alternatives to such capability or asset 
        or capability or asset class 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.

                      ``Subchapter 3--Definitions

``581. Definitions
    ``In this chapter:
            ``(1) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means the House of 
        Representatives Committee on Transportation and Infrastructure 
        and the Senate Committee on Commerce, Science, and 
        Transportation.
            ``(2) Chief acquisition officer.--The term `Chief 
        Acquisition Officer' means the officer appointed under section 
        55 of this title.
            ``(3) Commandant.--The term `Commandant' means the 
        Commandant of the Coast Guard.
            ``(4) Joint review board.--The term `Joint Review Board' 
        means the Department of Homeland Security's Investment Review 
        Board, Joint Requirements Council, or other entity within the 
        Department designated by the Secretary as the Joint Review 
        Board for purposes of this chapter.
            ``(5) 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.
            ``(6) 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.
            ``(7) 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.
            ``(8) Safety concern.--The term `safety concern' means any 
        hazard associated with a capability or asset or a subsystem of 
        a capability or asset that is likely to cause serious bodily 
        injury or death to a typical Coast Guard user in testing, 
        maintaining, repairing, or operating the capability, asset, or 
        subsystem or any hazard associated with the capability, asset, 
        or subsystem that is likely to cause major damage to the 
        capability, asset, or subsystem during the course of its normal 
        operation by a typical Coast Guard user.''.
    (b) Conforming Amendment.--The part analysis for part I of title 
14, United States Code, is amended by inserting after the item relating 
to chapter 13 the following:

      ``15. Acquisitions..........................................561''.

SEC. 503. REPORT AND GUIDANCE ON EXCESS PASS-THROUGH CHARGES.

    (a) Comptroller General Report.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Comptroller General shall issue a 
        report on pass-through charges on contracts, subcontracts, 
        delivery orders, and task orders that were executed by a lead 
        systems integrator under contract to the Coast Guard during the 
        3 full calendar years preceding the date of enactment of this 
        Act.
            (2) Matters covered.--The report under this subsection--
                    (A) shall assess the extent to which the Coast 
                Guard paid excessive pass-through charges to 
                contractors or subcontractors that provided little or 
                no value to the performance of a contract or the 
                production of a procured asset; and
                    (B) shall assess the extent to which the Coast 
                Guard has been particularly vulnerable to excessive 
                pass-through charges on any specific category of 
                contracts or by any specific category of contractors.
    (b) Guidance Required.--
             (1) In General.--Not later than 180 days after the date of 
        enactment of this Act, the Commandant shall prescribe guidance 
        to ensure that pass-through charges on contracts, subcontracts, 
        delivery orders, and task orders that are executed 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--
                    (A) set forth clear standards for determining when 
                no, or negligible, value has been added to a contract 
                by a contractor or subcontractor;
                    (B) set forth procedures for preventing the payment 
                by the Government of excessive pass-through charges; 
                and
                    (C) identify any exceptions determined by the 
                Commandant to be in the best interest of the 
                Government.
            (2) Scope of guidance.--The guidance prescribed under this 
        subsection--
                    (A) shall not apply to any firm, fixed-price 
                contract or subcontract, delivery order, or task order 
                that is--
                            (i) awarded on the basis of adequate price 
                        competition, as determined by the Commandant; 
                        or
                            (ii) for the acquisition of a commercial 
                        item, as defined in section 4(12) of the Office 
                        of Federal Procurement Policy Act (41 U.S.C. 
                        403(12)); and
                    (B) may include such additional exceptions as the 
                Commandant determines to be necessary in the interest 
                of the United States.
    (c) 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.
    (d) Application of Guidance.--The guidance prescribed under this 
section 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.

                   TITLE VI--SHIPPING AND NAVIGATION

SEC. 601. TECHNICAL AMENDMENTS TO CHAPTER 313 OF TITLE 46, UNITED 
              STATES CODE.

    (a) In General.--Chapter 313 of title 46, United States Code, is 
amended--
            (1) by striking ``of Transportation'' in sections 31302, 
        31306, 31321, 31330, and 31343 each place it appears;
            (2) by striking ``and'' after the semicolon in section 
        31301(5)(F);
            (3) by striking ``office.'' in section 31301(6) and 
        inserting ``office; and''; and
            (4) by adding at the end of section 31301 the following:
            ``(7) `Secretary' means the Secretary of the Department of 
        Homeland Security, unless otherwise noted.''.
    (b) Secretary as Mortgagee.--Section 31308 of such title is amended 
by striking ``When the Secretary of Commerce or Transportation is a 
mortgagee under this chapter, the Secretary'' and inserting ``The 
Secretary of Commerce or Transportation, as a mortgagee under this 
chapter,''.
    (c) Secretary of Transportation.--Section 31329(d) of such title is 
amended by striking ``Secretary.'' and inserting ``Secretary of 
Transportation.''.
    (d) Mortgagee.--
            (1) Section 31330(a)(1) of such title, as amended by 
        subsection (a)(1) of this section, is amended--
                    (A) by inserting ``or'' after the semicolon in 
                subparagraph (B);
                    (B) by striking ``Secretary; or'' in subparagraph 
                (C) and inserting ``Secretary.''; and
                    (C) by striking subparagraph (D).
            (2) Section 31330(a)(2) is amended--
                    (A) by inserting ``or'' after the semicolon in 
                subparagraph (B);
                    (B) by striking ``faith; or'' in subparagraph (C) 
                and inserting ``faith.''; and
                    (C) by striking subparagraph (D).

SEC. 602. CLARIFICATION OF RULEMAKING AUTHORITY.

    (a) In General.--Chapter 701 of title 46, United States Code, is 
amended by adding at the end the following:
``Sec. 70122. Regulations
    ``Unless otherwise provided, the Secretary may issue regulations 
necessary to implement this chapter.''.
    (b) Clerical Amendment.--The table of contents for chapter 701 of 
such title is amended by adding at the end the following new item:

``70122. Regulations''.

SEC. 603. ICEBREAKERS.

    (a) 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 polar ice-breaking mission requirements, whichever 
occurs later, the Commandant of the Coast Guard shall require a 
nongovernmental, independent third party (other than the National 
Academy of Sciences) which has extensive experience in the analysis of 
military procurements to--
            (1) conduct a comparative cost-benefit analysis, taking 
        into account future Coast Guard budget projections (which 
        assume Coast Guard budget growth of no more than inflation) and 
        other recapitalization needs, of--
                    (A) rebuilding, renovating, or improving the 
                existing fleet of polar icebreakers for operation by 
                the Coast Guard,
                    (B) constructing new polar icebreakers for 
                operation by the Coast Guard,
                    (C) construction of new polar icebreakers by the 
                National Science Foundation for operation by the 
                Foundation,
                    (D) rebuilding, renovating, or improving the 
                existing fleet of polar icebreakers by the National 
                Science Foundation for operation by the Foundation, and
                    (E) any combination of the activities described in 
                subparagraph (A), (B), (C), or (D) to carry out the 
                missions of the Coast Guard and the National Science 
                Foundation;
            (2) conduct an analysis of the impact on mission capacity 
        and the ability of the United States to maintain a presence in 
        the polar regions through the year 2020 if recapitalization of 
        the polar icebreaker fleet, either by constructing new polar 
        icebreakers or rebuilding, renovating, or improving the 
        existing fleet of polar icebreakers, is not fully funded; and
            (3) conduct a comprehensive analysis of the impact on all 
        Coast Guard activities, including operations, maintenance, 
        procurements, and end strength, of the acquisition of polar 
        icebreakers described in paragraph (1) by the Coast Guard or 
        the National Science Foundation assuming that total Coast Guard 
        funding will not increase more than the annual rate of 
        inflation.
    (b) Reports to Congress.--
            (1) Not later than one year and 90 days after the date of 
        enactment of this Act or the date of completion of the ongoing 
        High Latitude Study to assess polar ice-breaking mission 
        requirements, whichever 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.
            (2) 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 paragraphs (1) and (2) 
        of subsection (a), 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.

SEC. 604. PHASEOUT OF VESSELS SUPPORTING OIL AND GAS DEVELOPMENT.

    Section 705 of the Security and Accountability for Every Port Act 
of 2006 (Public Law 109-347; 120 Stat. 1945) is amended to read as 
follows:

``SEC. 705. PHASEOUT OF VESSELS SUPPORTING OIL AND GAS DEVELOPMENT.

    ``(a) In General.--Notwithstanding section 12111(d) of title 46, 
United States Code, a foreign-flag vessel 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) until December 31, 2012, if the Secretary of 
        Transportation 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 2-year period beginning January 1, 
        2013, if the Secretary of Transportation determines--
                    ``(A) that, as of December 31, 2012, the lessee has 
                entered into a binding agreement to employ a suitable 
                vessel or vessels to be documented under such section 
                12111(d) 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 
                such section 12111(d) 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) Lessee Defined.--In this section, the term `lessee' means the 
holder of a lease (defined in section 2(c) of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1331(c)), who 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.
    ``(c) Rule of Construction.--Nothing in subsection (a) shall be 
construed to authorize employment in the coastwise trade of a vessel 
that does not meet the requirements set forth in section 12112 of title 
46, United States Code.''.

                      TITLE VII--VESSEL CONVEYANCE

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Vessel Conveyance Act''.

SEC. 702. CONVEYANCE OF COAST GUARD VESSELS FOR PUBLIC PURPOSES.

    (a) In General.--Whenever the transfer of ownership of a Coast 
Guard vessel to an eligible entity for use for educational, cultural, 
historical, charitable, recreational, or other public purposes is 
authorized by law, the Coast Guard shall transfer the vessel to the 
General Services Administration for conveyance to the eligible entity.
    (b) Conditions of Conveyance.--The General Services Administration 
may not convey a vessel to an eligible entity as authorized by law 
unless the eligible entity agrees--
            (1) to provide the documentation needed by the General 
        Services Administration to process a request for aircraft or 
        vessels under section 102.37.225 of title 41, Code of Federal 
        Regulations;
            (2) to comply with the special terms, conditions, and 
        restrictions imposed on aircraft and vessels under section 102-
        37.460 of such title;
            (3) to make the vessel available to the United States 
        Government if it is needed for use by the Commandant of the 
        Coast Guard in time of war or a national emergency; and
            (4) to hold the United States Government harmless for any 
        claims arising from exposure to hazardous materials, including 
        asbestos and polychlorinated biphenyls, after conveyance of the 
        vessel, except for claims arising from use of the vessel by the 
        United States Government under paragraph (3).
    (c) Eligible Entity Defined.--In this section, the term ``eligible 
entity'' means a State or local government, nonprofit corporation, 
educational agency, community development organization, or other entity 
that agrees to comply with the conditions established under this 
section.

                  TITLE VIII--OIL POLLUTION PREVENTION

SEC. 801. RULEMAKINGS.

    (a) Status Report.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary shall provide a report to 
        the Senate Committee on Commerce, Science, and Transportation 
        and the House of Representatives Committee on Transportation 
        and Infrastructure on the status of all Coast Guard rulemakings 
        required (but for which no final rule has been issued as of the 
        date of enactment of this Act) under section 311 of the Federal 
        Water Pollution Control Act (33 U.S.C. 1321).
            (2) Information required.--The Secretary shall include in 
        the report required in paragraph (1)--
                    (A) a detailed explanation with respect to each 
                such rulemaking as to--
                            (i) what steps have been completed;
                            (ii) what areas remain to be addressed; and
                            (iii) the cause of any delays; and
                    (B) the date by which a final rule may reasonably 
                be expected to be issued.
    (b) Final Rules.--The Secretary shall issue a final rule in each 
pending rulemaking described in subsection (a) as soon as practicable, 
but in no event later than 18 months after the date of enactment of 
this Act.
    (c) Towing vessels.--No later than 1 year after the date of 
enactment of this Act, the Secretary shall issue a notice of proposed 
rulemaking regarding inspection requirements for towing vessels 
required under section 3306(j) of title 46, United States Code. The 
Secretary shall issue a final rule pursuant to that rulemaking no later 
than 2 years after the date of enactment of this Act.

SEC. 802. OIL TRANSFERS FROM VESSELS.

    (a) Regulations.--Within 1 year after the date of enactment of this 
Act, the Secretary shall promulgate regulations to reduce the risks of 
oil spills in operations involving the transfer of oil from or to a 
tank vessel. The regulations--
            (1) shall focus on operations that have the highest risks 
        of discharge, including operations at night and in inclement 
        weather;
            (2) shall consider--
                    (A) requirements for the use of equipment, such as 
                putting booms in place for transfers, safety, and 
                environmental impacts;
                    (B) operational procedures such as manning 
                standards, communications protocols, and restrictions 
                on operations in high-risk areas; or
                    (C) both such requirements and operational 
                procedures; and
            (3) shall take into account the safety of personnel and 
        effectiveness of available procedures and equipment for 
        preventing or mitigating transfer spills.
    (b) Application with State Laws.--The regulations promulgated under 
subsection (a) do not preclude the enforcement of any State law or 
regulation the requirements of which are at least as stringent as 
requirements under the regulations (as determined by the Secretary) 
that--
            (1) applies in State waters;
            (2) does not conflict with, or interfere with the 
        enforcement of, requirements and operational procedures under 
        the regulations; and
            (3) has been enacted or promulgated before the date of 
        enactment of this Act.

SEC. 803. IMPROVEMENTS TO REDUCE HUMAN ERROR AND NEAR MISS INCIDENTS.

    (a) Report.--Within 1 year after the date of enactment of this Act, 
the Secretary shall transmit a report to the Senate Committee on 
Commerce, Science, and Transportation and the House Committee on 
Transportation and Infrastructure that, using available data--
            (1) identifies the types of human errors that, combined, 
        account for over 50 percent of all oil spills involving vessels 
        that have been caused by human error in the past 10 years;
            (2) identifies the most frequent types of near-miss oil 
        spill incidents involving vessels such as collisions, 
        allisions, groundings, and loss of propulsion in the past 10 
        years;
            (3) describes the extent to which there are gaps in the 
        data with respect to the information required under paragraphs 
        (1) and (2) and explains the reason for those gaps; and
            (4) includes recommendations by the Secretary to address 
        the identified types of errors and incidents to address any 
        such gaps in the data.
    (b) Measures.--Based on the findings contained in the report 
required by subsection (a), the Secretary shall take appropriate 
action, both domestically and at the International Maritime 
Organization, to reduce the risk of oil spills caused by human error.
    (c) Confidentiality of Voluntarily Submitted Information.--The 
identity of a person making a voluntary disclosure under this section, 
and any information obtained from any such voluntary disclosure, shall 
be treated as confidential.
    (d) Discovery of Voluntarily Submitted Information.--
            (1) In general.--Except as provided in this subsection, a 
        party in a judicial proceeding may not use discovery to obtain 
        information or data collected or received by the Secretary for 
        use in the report required in subsection (a).
            (2) Exception.--
                    (A) Notwithstanding paragraph (1), a court may 
                allow discovery by a party in a judicial proceeding of 
                information or data described in paragraph (1) if, 
                after an in camera review of the information or data, 
                the court decides that there is a compelling reason to 
                allow the discovery.
                    (B) When a court allows discovery in a judicial 
                proceeding as permitted under this paragraph, the court 
                shall issue a protective order--
                            (i) to limit the use of the information or 
                        data to the judicial proceeding; and
                            (ii) to prohibit dissemination of the 
                        information or data to any person who does not 
                        need access to the information or data for the 
                        proceeding.
                    (C) A court may allow information or data it has 
                decided is discoverable under this paragraph to be 
                admitted into evidence in a judicial proceeding only if 
                the court places the information or data under seal to 
                prevent the use of the information or data for a 
                purpose other than for the proceeding.
            (3) Application.--Paragraph (1) shall not apply to--
                    (A) any disclosure made with actual knowledge that 
                the disclosure was false, inaccurate, or misleading; or
                    (B) any disclosure made with reckless disregard as 
                to the truth or falsity of that disclosure.

SEC. 804. OLYMPIC COAST NATIONAL MARINE SANCTUARY.

    (a) Olympic Coast National Marine Sanctuary Area To Be Avoided.--
The Secretary of the Department in which the Coast Guard is operating 
and the Under Secretary of Commerce for Oceans and Atmosphere shall 
revise the area to be avoided off the coast of the State of Washington 
so that restrictions apply to all vessels required to prepare a 
response plan pursuant to section 311(j) of the Federal Water Pollution 
Control Act (33 U.S.C. 1321(j)) (other than fishing or research vessels 
while engaged in fishing or research within the area to be avoided).

SEC. 805. PREVENTION OF SMALL OIL SPILLS.

    The Under Secretary of Commerce for Oceans and Atmosphere, in 
consultation with the Secretary of the Department in which the Coast 
Guard is operating and other appropriate agencies, shall establish an 
oil spill prevention and education program for small vessels. The 
program shall provide for assessment, outreach, and training and 
voluntary compliance activities to prevent and improve the effective 
response to oil spills from vessels and facilities not required to 
prepare a vessel response plan under the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.), including recreational vessels, 
commercial fishing vessels, marinas, and aquaculture facilities. The 
Under Secretary may provide grants to sea grant colleges and institutes 
designated under section 207 of the National Sea Grant College Program 
Act (33 U.S.C. 1126) and to State agencies, tribal governments, and 
other appropriate entities to carry out--
            (1) regional assessments to quantify the source, incidence 
        and volume of small oil spills, focusing initially on regions 
        in the country where, in the past 10 years, the incidence of 
        such spills is estimated to be the highest;
            (2) voluntary, incentive-based clean marina programs that 
        encourage marina operators, recreational boaters, and small 
        commercial vessel operators to engage in environmentally sound 
        operating and maintenance procedures and best management 
        practices to prevent or reduce pollution from oil spills and 
        other sources;
            (3) cooperative oil spill prevention education programs 
        that promote public understanding of the impacts of spilled oil 
        and provide useful information and techniques to minimize 
        pollution, including methods to remove oil and reduce oil 
        contamination of bilge water, prevent accidental spills during 
        maintenance and refueling and properly cleanup and dispose of 
        oil and hazardous substances; and
            (4) support for programs, including outreach and education 
        to address derelict vessels and the threat of such vessels 
        sinking and discharging oil and other hazardous substances, 
        including outreach and education to involve efforts to the 
        owners of such vessels.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Under Secretary of Commerce for Oceans and 
Atmosphere to carry out this section, $10,000,000 for each of fiscal 
years 2010 through 2014.

SEC. 806. IMPROVED COORDINATION WITH TRIBAL GOVERNMENTS.

    (a) In General.--Within 6 months after the date of enactment of 
this Act, the Secretary of the Department in which the Coast Guard is 
operating shall complete the development of a tribal consultation 
policy, which recognizes and protects to the maximum extent practicable 
tribal treaty rights and trust assets in order to improve the Coast 
Guard's consultation and coordination with the tribal governments of 
federally recognized Indian tribes with respect to oil spill 
prevention, preparedness, response and natural resource damage 
assessment.
    (b) Inclusion of Tribal Government.--The Secretary of the 
Department in which the Coast Guard is operating shall ensure that, as 
soon as practicable after identifying an oil spill that is likely to 
have a significant impact on natural or cultural resources owned or 
directly utilized by a federally recognized Indian tribe, the Coast 
Guard will--
            (1) ensure that representatives of the tribal government of 
        the affected tribes are included as part of the incident 
        command system established by the Coast Guard to respond to the 
        spill;
            (2) share information about the oil spill with the tribal 
        government of the affected tribe; and
            (3) to the extent practicable, involve tribal governments 
        in deciding how to respond to the spill.
    (c) Cooperative Arrangements.--The Coast Guard may enter into 
memoranda of agreement and associated protocols with Indian tribal 
governments in order to establish cooperative arrangements for oil 
pollution prevention, preparedness, and response. Such memoranda may be 
entered into prior to the development of the tribal consultation and 
coordination policy to provide Indian tribes grant and contract 
assistance. Such memoranda of agreement and associated protocols with 
Indian tribal governments may include--
            (1) arrangements for the assistance of the tribal 
        government to participate in the development of the National 
        Contingency Plan and local Area Contingency Plans to the extent 
        they affect tribal lands, cultural and natural resources;
            (2) arrangements for the assistance of the tribal 
        government to develop the capacity to implement the National 
        Contingency Plan and local Area Contingency Plans to the extent 
        they affect tribal lands, cultural and natural resources;
            (3) provisions on coordination in the event of a spill, 
        including agreements that representatives of the tribal 
        government will be included as part of the regional response 
        team co-chaired by the Coast Guard and the Environmental 
        Protection Agency to establish policies for responding to oil 
        spills;
            (4) arrangements for the Coast Guard to provide training of 
        tribal incident commanders and spill responders for oil spill 
        preparedness and response;
            (5) demonstration projects to assist tribal governments in 
        building the capacity to protect tribal treaty rights and trust 
        assets from oil spills; and
            (6) such additional measures the Coast Guard determines to 
        be necessary for oil pollution prevention, preparedness, and 
        response.
    (d) Funding for Tribal Participation.--Subject to the availability 
of appropriations, the Commandant of the Coast Guard shall provide 
assistance to participating tribal governments in order to facilitate 
the implementation of cooperative arrangements under subsection (c) and 
ensure the participation of tribal governments in such arrangements. 
There are authorized to be appropriated to the Commandant $500,000 for 
each of fiscal years 2010 through 2014 to be used to carry out this 
section.

SEC. 807. REPORT ON AVAILABILITY OF TECHNOLOGY TO DETECT THE LOSS OF 
              OIL.

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

SEC. 808. USE OF OIL SPILL LIABILITY TRUST FUND.

    (a) In General.--Section 1012(a)(5) of the Oil Pollution Act of 
1990 (33 U.S.C. 2712(a)(5)) is amended--
            (1) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (C) and (D), respectively; and
            (2) by inserting after subparagraph (A) the following:
                    ``(B) not more than $15,000,000 in each fiscal year 
                shall be available to the Under Secretary of Commerce 
                for Oceans and Atmosphere for expenses incurred by, and 
                activities related to, response and damage assessment 
                capabilities of the National Oceanic and Atmospheric 
                Administration;''.
    (b) Audits; Annual Reports.--Section 1012 of the Oil Pollution Act 
of 1990 (33 U.S.C. 2712) is amended--
            (1) by striking subsection (g) and inserting the following:
    ``(g) Audits.--
            ```(1) In general.--The Comptroller General of the United 
        States shall conduct an audit, including a detailed accounting 
        of each disbursement from the Fund in excess of $500,000 that 
        is--
                    ``(A) disbursed by the National Pollution Fund 
                Center; and
                    ``(B) administered and managed by the receiving 
                Federal agencies, including final payments made to 
                agencies and contractors and, to the extent possible, 
                subcontractors.
            ``(2) Frequency.--The audits shall be conducted--
                    ``(A) at least once every 3 years after the date of 
                enactment of the Coast Guard Authorization Act for 
                Fiscal Years 2010 and 2011 until 2016; and
                    ``(B) at least once every 5 years after the last 
                audit conducted under subparagraph (A).
            ``(3) Submission of results.--The Comptroller shall submit 
        the results of each audit conducted under paragraph (1) to--
                    ``(A) the Senate Committee on Commerce, Science, 
                and Transportation;
                    ``(B) the House of Representatives Committee on 
                Transportation and Infrastructure; and
                    ``(C) the Secretary or Administrator of each agency 
                referred to in paragraph (1)(B).''; and
            (2) by adding at the end thereof the following:
    ``(h) Reports.--
            ``(1) In general.--Within one year after the date of 
        enactment of the Coast Guard Authorization Act for Fiscal Years 
        2010 and 2011, and annually thereafter, the President, through 
        the Secretary of the Department in which the Coast Guard is 
        operating, shall--
                    ``(A) provide a report on disbursements for the 
                preceding fiscal year from the Fund, regardless of 
                whether those disbursements were subject to annual 
                appropriations, to--
                            ``(i) the Senate Committee on Commerce, 
                        Science, and Transportation; and
                            ``(ii) the House of Representatives 
                        Committee on Transportation and Infrastructure: 
                        and
                    ``(B) make the report available to the public on 
                the National Pollution Funds Center Internet website.
            ``(2) Contents.--The report shall include--
                    ``(A) a list of each disbursement of $250,000 or 
                more from the Fund during the preceding fiscal year; 
                and
                    ``(B) a description of how each such use of the 
                Fund meets the requirements of subsection (a).
            ``(3) Agency recordkeeping.--Each Federal agency that 
        receives amounts from the Fund shall maintain records 
        describing the purposes for which such funds were obligated or 
        expended in such detail as the Secretary may require for 
        purposes of the report required under paragraph (1).
    ``(i) Authorizations.--There are authorized to be appropriated such 
sums as may be necessary to carry out subsections (g) and (h).''.

SEC. 809. INTERNATIONAL EFFORTS ON ENFORCEMENT.

    The Secretary, in consultation with the heads of other appropriate 
Federal agencies, shall ensure that the Coast Guard pursues stronger 
enforcement in the International Maritime Organization of agreements 
related to oil discharges, including joint enforcement operations, 
training, and stronger compliance mechanisms.

SEC. 810. HIGHER VOLUME PORT AREA REGULATORY DEFINITION CHANGE.

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

SEC. 811. TUG ESCORTS FOR LADEN OIL TANKERS.

    (a) Comparability Analysis.--
            (1) In general.--Within 1 year after the date of enactment 
        of this Act, the Commandant, in consultation with the Secretary 
        of State, shall enter into negotiations with the Government of 
        Canada to update the comparability analysis which serves as the 
        basis for the Cooperative Vessel Traffic Service agreement 
        between the United States and Canada for the management of 
        maritime traffic in Puget Sound, the Strait of Georgia, Haro 
        Strait, Rosario Strait, and the Strait of Juan de Fuca. The 
        updated analysis shall, at a minimum, consider--
                    (A) requirements for laden tank vessels to be 
                escorted by tug boats;
                    (B) vessel emergency response towing capability at 
                the entrance to the Strait of Juan de Fuca; and
                    (C) spill response capability throughout the shared 
                water, including oil spill response planning 
                requirements for vessels bound for one nation 
                transiting in innocent passage through the waters of 
                the other nation.
            (2) Consultation requirement.--In conducting the analysis 
        required under this subsection, the Commandant shall consult 
        with the State of Washington and affected tribal governments.
            (3) Recommendations.--Within 18 months after the date of 
        enactment of this Act, the Commandant shall submit 
        recommendations based on the analysis required under this 
        subsection to the Senate Committee on Commerce, Science, and 
        Transportation and the House of Representatives Committee on 
        Transportation and Infrastructure. The recommendations shall 
        consider a full range of options for the management of maritime 
        traffic, including Federal legislation, promulgation of Federal 
        rules, and the establishment of cooperative agreements for 
        shared funding of spill prevention and response systems.
    (b) Dual Escort Vessels for Double Hulled Tankers in Prince William 
Sound, Alaska.--
            (1) In general.--Section 4116(c) of the Oil Pollution Act 
        of 1990 (46 U.S.C. 3703 note) is amended--
                    (A) by striking ``Not later than 6 months after the 
                date of the enactment of this Act, the'' and inserting 
                ``(1) In general.--The''; and
                    (B) by adding at the end the following:
    ``(2) Prince william sound, alaska.--
                    ``(A) In 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 of the United States Code.''.
            (2) Effective Date.--The amendments made by subsection (b) 
        take effect on the date that is 90 days after the date of 
        enactment of this Act.
    (c) Preservation of State Authority.--Nothing in this Act or in any 
other provision of Federal law related to the regulation of maritime 
transportation of oil shall affect, or be construed or interpreted as 
preempting, the laws or regulations of any State or political 
subdivision thereof in effect on the date of enactment of this Act 
which require the escort by one or more tugs of laden oil tankers in 
the areas other than Prince William Sound which are specified in 
section 4116(c) of the Oil Pollution Act of 1990 (46 U.S.C. 3703 note).

SEC. 812. EXTENSION OF FINANCIAL RESPONSIBILITY.

    Section 1016(a) of the Oil Pollution Act of 1990 (33 U.S.C. 
2716(a)) is amended--
            (1) by striking ``or'' after the semicolon in paragraph 
        (1);
            (2) by inserting ``or'' after the semicolon in paragraph 
        (2); and
            (3) by inserting after paragraph (2) the following:
            ``(3) any tank vessel over 100 gross tons (except a non-
        self-propelled vessel that does not carry oil as cargo) using 
        any place subject to the jurisdiction of the United States;''.

SEC. 813. OIL SPILL LIABILITY TRUST FUND INVESTMENT AMOUNT.

    Within 30 days after the date of enactment of this Act, the 
Secretary of the Treasury shall increase the amount invested in income 
producing securities under section 5006(b) of the Oil Pollution Act of 
1990 (33 U.S.C. 2736(b)) by $12,851,340.

SEC. 814. LIABILITY FOR USE OF SINGLE-HULL VESSELS.

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

                   TITLE IX--MISCELLANEOUS PROVISIONS

SEC. 901. VESSEL DETERMINATION.

    (a) Vessels Deemed To Be New Vessels.--The vessel with United 
States official number 981472 and the vessel with United States 
official number 988333 shall each be deemed to be a new vessel 
effective upon the date of delivery after January 1, 2008, from a 
privately-owned United States shipyard if no encumbrances are on record 
with the United States Coast Guard at the time of the issuance of the 
new vessel certificate of documentation for such vessel
    (b) Safety Inspection.--Each vessel shall be subject to the vessel 
safety and inspection requirements of title 46, United States Code, 
applicable to any such vessel as of the day before the date of 
enactment of this Act.

SEC. 902. CONVEYANCE OF THE PRESQUE ISLE LIGHT STATION FRESNEL LENS TO 
              PRESQUE ISLE TOWNSHIP, MICHIGAN.

    (a) Conveyance of Lens Authorized.--
            (1) Transfer of possession.--Notwithstanding any other 
        provision of law, the Commandant of the Coast Guard may 
        transfer to Presque Isle Township, a township in Presque Isle 
        County in the State of Michigan (in this section referred to as 
        the ``Township''), possession of the Historic Fresnel Lens (in 
        this section referred to as the ``Lens'') from the Presque Isle 
        Light Station Lighthouse, Michigan (in this section referred to 
        as the ``Lighthouse'').
            (2) Condition.--As a condition of the transfer of 
        possession authorized by paragraph (1), the Township shall, not 
        later than one year after the date of transfer, install the 
        Lens in the Lighthouse for the purpose of operating the Lens 
        and Lighthouse as a Class I private aid to navigation pursuant 
        to section 85 of title 14, United States Code, and the 
        applicable regulations under that section.
            (3) Conveyance of lens.--Upon the certification of the 
        Commandant that the Township has installed the Lens in the 
        Lighthouse and is able to operate the Lens and Lighthouse as a 
        private aid to navigation as required by paragraph (2), the 
        Commandant shall convey to the Township all right, title, and 
        interest of the United States in and to the Lens.
            (4) Cessation of united states operations of aids to 
        navigation at lighthouse.--Upon the making of the certification 
        described in paragraph (3), all active Federal aids to 
        navigation located at the Lighthouse shall cease to be operated 
        and maintained by the United States.
    (b) Reversion.--
            (1) Reversion for failure of aid to navigation.--If the 
        Township does not comply with the condition set forth in 
        subsection (a)(2) within the time specified in that subsection, 
        the Township shall, except as provided in paragraph (2), return 
        the Lens to the Commandant at no cost to the United States and 
        under such conditions as the Commandant may require.
            (2) Exception for historical preservation.--Notwithstanding 
        the lack of compliance of the Township as described in 
        paragraph (1), the Township may retain possession of the Lens 
        for installation as an artifact in, at, or near the Lighthouse 
        upon the approval of the Commandant. The Lens shall be retained 
        by the Township under this paragraph under such conditions for 
        the preservation and conservation of the Lens as the Commandant 
        shall specify for purposes of this paragraph. Installation of 
        the Lens under this paragraph shall occur, if at all, not later 
        than two years after the date of the transfer of the Lens to 
        the Township under subsection (a)(1).
            (3) Reversion for failure of historical preservation.--If 
        retention of the Lens by the Township is authorized under 
        paragraph (2) and the Township does not install the Lens in 
        accordance with that paragraph within the time specified in 
        that paragraph, the Township shall return the lens to the Coast 
        Guard at no cost to the United States and under such conditions 
        as the Commandant may require.
    (c) Conveyance of Additional Personal Property.--
            (1) Transfer and conveyance of personal property.--
        Notwithstanding any other provision of law, the Commandant may 
        transfer to the Township any additional personal property of 
        the United States related to the Lens that the Commandant 
        considers appropriate for conveyance under this section. If the 
        Commandant conveys the Lens to the Township under subsection 
        (a)(3), the Commandant may convey to the Township any personal 
        property previously transferred to the Township under this 
        subsection.
            (2) Reversion.--If the Lens is returned to the Coast Guard 
        pursuant to subsection (b), the Township shall return to the 
        Coast Guard all personal property transferred or conveyed to 
        the Township under this subsection except to the extent 
        otherwise approved by the Commandant.
    (d) Conveyance Without Consideration.--The conveyance of the Lens 
and any personal property under this section shall be without 
consideration.
    (e) Delivery of Property.--The Commandant shall deliver property 
conveyed under this section--
            (1) at the place where such property is located on the date 
        of the conveyance;
            (2) in condition on the date of conveyance; and
            (3) without cost to the United States.
    (f) Maintenance of Property.--As a condition of the conveyance of 
any property to the Township under this section, the Commandant shall 
enter into an agreement with the Township under which the Township 
agrees--
            (1) to operate the Lens as a Class I private aid to 
        navigation under section 85 of title 14, United States Code, 
        and application regulations under that section; and
            (2) to hold the United States harmless for any claim 
        arising with respect to personal property conveyed under this 
        section.
    (g) Limitation on Future Conveyance.--The instruments providing for 
the conveyance of property under this section shall--
            (1) require that any further conveyance of an interest in 
        such property may not be made without the advance approval of 
        the Commandant; and
            (2) provide that, if the Commandant determines that an 
        interest in such property was conveyed without such approval--
                    (A) all right, title, and interest in such property 
                shall revert to the United States, and the United 
                States shall have the right to immediate possession of 
                such property; and
                    (B) the recipient of such property shall pay the 
                United States for costs incurred by the United States 
                in recovering such property.
    (h) Additional Terms and Conditions.--The Commandant may require 
such additional terms and conditions in connection with the conveyances 
authorized by this section as the Commandant considers appropriate to 
protect the interests of the United States.

SEC. 903. LAND CONVEYANCE, COAST GUARD PROPERTY IN MARQUETTE COUNTY, 
              MICHIGAN, TO THE CITY OF MARQUETTE, MICHIGAN.

    (a) Conveyance Authorized.--The Commandant of the Coast Guard may 
convey, without consideration, 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, 
consists of approximately 5.5 acres, and is commonly identified as 
Coast Guard Station Marquette and Lighthouse Point.
    (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 by 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) Inapplicability of Screening or Other Requirements.--The 
conveyance of property authorized by subsection (a) shall be made 
without regard to the following:
            (1) Section 2696 of title 10, United States Code.
            (2) Chapter 5 of title 40, United States Code.
            (3) Any other provision of law relating to the screening, 
        evaluation, or administration of excess or surplus Federal 
        property prior to conveyance by the Administrator of General 
        Services.
    (f) Expiration of Authority.--The authority in subsection (a) shall 
expire on the date that is five years after the date of the enactment 
of this Act.
    (g) 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. The cost of the survey shall be borne by the United States.
    (h) 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. 904. OFFSHORE SUPPLY VESSELS.

    (a) Removal of Tonnage Limits.--
            (1) Definition.--
                    (A) 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 striking ``vessel.'' and inserting 
                ``vessel of less than 500 gross tons as measured under 
                section 14502 of title 46, United States Code, or an 
                alternate tonnage measured under section 14302 of such 
                title as prescribed by the Secretary under section 
                14104 of such title.''.
            (2) Application.--Section 3702(b) of title 46, United 
        States Code, is amended by striking paragraph (1) and 
        redesignating paragraphs (2) and (3) as paragraphs (1) and (2), 
        respectively.
    (b) Scale of Employment: Able Seamen.--Section 7312(d) of title 46, 
United States Code, is amended to read as follows:
    ``(d) Individuals qualified as able seamen--offshore supply vessels 
under section 7310 of this title may constitute all of the able seamen 
required on board a vessel of less than 500 gross tons as measured 
under section 14502 of this title or an alternate tonnage as measured 
under section 14302 of this title as prescribed by the Secretary under 
section 14104 of this title engaged in support of exploration, 
exploitation, or production of offshore mineral or energy resources. 
Individuals qualified as able seamen--limited under section 7308 of 
this title may constitute all of the able seamen required on board a 
vessel of at least 500 gross tons as measured under section 14502 of 
this title or an alternate tonnage measured under section 14302 of this 
title as prescribed by the Secretary under section 14104 of this title 
engaged in support of exploration, exploitation, or production of 
offshore mineral or energy resources.''.
    (c) Minimum Number of Licensed Individuals.--Section 8301(b) of 
title 46, United States Code, is amended to read as follows:
    ``(b)(1) An offshore supply vessel of less than 500 gross tons as 
measured under section 14502 of this title or 6,000 gross tons as 
measured under section 14302 of this title on a voyage of less than 600 
miles shall have a licensed mate. If the vessel is on a voyage of at 
least 600 miles, however, the vessel shall have 2 licensed mates.
    ``(2) An offshore supply vessel 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 prescribed 
in accordance with hours of service requirements (including recording 
and record keeping of that service) prescribed by the Secretary.
    ``(3) An offshore supply vessel of more than 200 gross tons as 
measured under section 14502 of this title, or an alternate tonnage 
measured under section 14302 of this title as prescribed by the 
Secretary under section 14104 of this title, may not be operated 
without a licensed engineer.''.
    (d) Watches.--Section 8104(g) of title 46, United States Code, is 
amended--
            (1) by inserting ``(1)'' after ``(g)''; and
            (2) by adding at the end the following:
    ``(2) Paragraph (1) applies to an offshore supply vessel of at 
least 6,000 gross tons as measured under section 14302 of this title if 
the individuals engaged on the vessel are in compliance with hours of 
service requirements (including recording and record-keeping of that 
service) as prescribed by the Secretary.''.
    (e) Oil Fuel Tank Protection.--
            (1) Application.--An offshore supply vessel of at least 
        6,000 gross tons as measured under section 14302 of this title 
        that is constructed under a contract entered into after the 
        date of enactment of this Act, or that is delivered after 
        August 1, 2010, with an aggregate capacity of 600 cubic meters 
        or more of oil fuel, shall comply with the requirements of 
        Regulation 12A under Annex I to the Protocol of 1978 relating 
        to the International Convention for the Prevention of Pollution 
        from Ships, 1973, entitled Oil Fuel Tank Protection, regardless 
        of whether such vessel is engaged in the coastwise trade or on 
        an international voyage.
            (2) Definition.--In this subsection the term ``oil fuel'' 
        means any oil used as fuel in connection with the propulsion 
        and auxiliary machinery of the vessel in which such oil is 
        carried.
    (f) Regulations.--
            (1) In general.--Not later than January 1, 2012, the 
        Secretary of the department in which the Coast Guard is 
        operating shall promulgate regulations to implement the 
        amendments and authorities enacted by this section for offshore 
        supply vessels of at least 6,000 gross tons as measured under 
        section 14302 of title 46, United States Code, and to ensure 
        the safe carriage of oil, hazardous substances, and individuals 
        in addition to the crew on such vessels. The final rule issued 
        pursuant to such rulemaking may supersede the interim final 
        rule promulgated under paragraph (2) of this subsection. In 
        promulgating regulations under this subsection, the Secretary 
        shall take into consideration the characteristics of offshore 
        supply vessels, their methods of operation, and their service 
        in support of exploration, exploitation, or production of 
        offshore mineral or energy resources.
            (2) Interim final rule authority.--As soon as is 
        practicable and without regard to the provisions of chapters 5 
        and 6 of title 5, United States Code, the Secretary shall issue 
        an interim final rule as a temporary regulation implementing 
        this section (including the amendments made by this section) 
        for offshore supply vessels of at least 6,000 gross tons as 
        measured under section 14302 of title 46, United States Code, 
        and to ensure the safe carriage of oil, hazardous substances, 
        and individuals in addition to the crew on such vessels.
            (3) Interim period.--After the effective date of this Act, 
        prior to the effective date of the regulations prescribed by 
        paragraph (2) of this subsection, and without regard to the 
        provisions of chapters 5 and 6 of title 5, United States Code, 
        and the offshore supply vessel tonnage limits of applicable 
        regulations and policy guidance promulgated prior to the date 
        of enactment of this Act, the Secretary may--
                    (A) issue a certificate of inspection under section 
                3309 of title 46, United States Code, to an offshore 
                supply vessel of at least 6,000 gross tons as measured 
                under section 14302 of this title if the Secretary 
                determines that such vessel's arrangements and 
                equipment meet the current Coast Guard requirements for 
                certification as a cargo and miscellaneous vessel; and
                    (B) authorize a master, mate or engineer who 
                possesses an ocean or near coastal license under part 
                10 of subchapter B of title 46, Code of Federal 
                Regulations, (or any successor regulation) which 
                qualifies the licensed officer for service on offshore 
                supply vessels of more than 3,000 gross tons, as 
                measured under section 14302 of title 46, United States 
                Code, to operate offshore supply vessels of 6,000 gross 
                tons or greater, as measured under such section.

SEC. 905. ASSESSMENT OF CERTAIN AIDS TO NAVIGATION AND TRAFFIC FLOW.

    (a) Information on Usage.--Within 60 days after the date of 
enactment of this Act, the Commandant of the Coast Guard shall--
            (1) determine the types and numbers of vessels typically 
        transiting or utilizing that portion of the Atlantic 
        Intracoastal Waterway beginning at a point that is due East of 
        the outlet of the Cutler Drain Canal C-100 in Dade County, 
        Florida, and ending at the Dade County line, during a period of 
        30 days; and
            (2) provide the information on usage compiled under this 
        subsection to the Senate Committee on Commerce, Science, and 
        Transportation and the House of Representatives Committee on 
        Transportation and Infrastructure.
    (b) Assessment of Certain Aids to Navigation.--Within 90 days after 
the date of enactment of this Act, the Commandant of the Coast Guard 
shall--
            (1) review and assess the buoys, markers, and other aids to 
        navigation in and along that portion of the Atlantic 
        Intracoastal Waterway specified in subsection (a), to determine 
        the adequacy and sufficiency of such aids, and the need to 
        replace such aids, install additional aids, or both; and
            (2) submit a report on the assessment required by this 
        section to the committees.
    (c) Submission of Plan.--Within 180 days after the date of 
enactment of this Act, the Commandant shall submit a plan to the 
committees to address the needs identified under subsection (b).

SEC. 906. ALTERNATIVE LICENSING PROGRAM FOR OPERATORS OF UNINSPECTED 
              PASSENGER VESSELS ON LAKE TEXOMA IN TEXAS AND OKLAHOMA.

    (a) In General.--Upon the request of the Governor of the State of 
Texas or the Governor of the State of Oklahoma, the Secretary of the 
department in which the Coast Guard is operating shall enter into an 
agreement with the Governor of the State whereby the State shall 
license operators of uninspected passenger vessels operating on Lake 
Texoma in Texas and Oklahoma in lieu of the Secretary issuing the 
license pursuant to section 8903 of title 46, United States Code, and 
the regulations issued thereunder, but only if the State plan for 
licensing the operators of uninspected passenger vessels--
            (1) meets the equivalent standards of safety and protection 
        of the environment as those contained in subtitle II of title 
        46, United States Code, and regulations issued thereunder;
            (2) includes--
                    (A) standards for chemical testing for such 
                operators;
                    (B) physical standards for such operators;
                    (C) professional service and training requirements 
                for such operators; and
                    (D) criminal history background check for such 
                operators;
            (3) provides for the suspension and revocation of State 
        licenses;
            (4) makes an individual, who is ineligible for a license 
        issued under title 46, United States Code, ineligible for a 
        State license; and
            (5) provides for a report that includes--
                    (A) the number of applications that, for the 
                preceding year, the State rejected due to failure to--
                            (i) meet chemical testing standards;
                            (ii) meet physical standards;
                            (iii) meet professional service and 
                        training requirements; and
                            (iv) pass criminal history background check 
                        for such operators;
                    (B) the number of licenses that, for the preceding 
                year, the State issued;
                    (C) the number of license investigations that, for 
                the preceding year, the State conducted;
                    (D) the number of licenses that, for the preceding 
                year, the State suspended or revoked, and the cause for 
                such suspensions or revocations; and
                    (E) the number of injuries, deaths, collisions, and 
                loss or damage associated with uninspected passenger 
                vessels operations that, for the preceding year, the 
                State investigated.
    (b) Administration.--
            (1) The Governor of the State may delegate the execution 
        and enforcement of the State plan, including the authority to 
        license and the duty to report information pursuant to 
        subsection (a), to any subordinate State officer. The Governor 
        shall provide, to the Secretary, written notice of any 
        delegation.
            (2) The Governor (or the Governor's designee) shall provide 
        written notice of any amendment to the State plan no less than 
        45 days prior to the effective date of such amendment.
            (3) At the request of the Secretary, the Governor of the 
        State (or the Governor's designee) shall grant, on a biennial 
        basis, the Secretary access to State records and State 
        personnel for the purpose of auditing State execution and 
        enforcement of the State plan.
    (c) Application.--
            (1) The requirements of section 8903 of title 46, United 
        States Code, and the regulations issued thereunder shall not 
        apply to any person operating under the authority of a State 
        license issued pursuant to an agreement under this section.
            (2) The State shall not compel a person, operating under 
        the authority of a license issued either by another State, 
        pursuant to a valid agreement under this section, or by the 
        Secretary, pursuant to section 8903 of title 46, United States 
        Code, to--
                    (A) hold a license issued by the State, pursuant to 
                an agreement under this section; or
                    (B) pay any fee, associated with licensing, because 
                the person does not hold a license issued by the State, 
                pursuant to an agreement under this section.
        Nothing in this paragraph shall limit the authority of the 
        State to impose requirements or fees for privileges, other than 
        licensing, that are associated with the operation of 
        uninspected passenger vessels on Lake Texoma.
            (3) For the purpose of enforcement, if an individual is 
        issued a license--
                    (A) by a State, pursuant to an agreement entered 
                into under to this section, or
                    (B) by the Secretary, pursuant to section 8903 of 
                title 46, United States Code,
        then the individual shall be entitled to lawfully operate an 
        uninspected passenger vessel on Lake Texoma in Texas and 
        Oklahoma without further requirement to hold an additional 
        operator's license.
    (d) Termination.--
            (1) If--
                    (A) the Secretary finds that the State plan for the 
                licensing the operators of uninspected passenger 
                vessels--
                            (i) does not meet the equivalent standards 
                        of safety and protection of the environment as 
                        those contained in subtitle II of title 46, 
                        United States Code, and regulations issued 
                        thereunder,
                            (ii) does not include--
                                    (I) standards for chemical testing 
                                for such operators,
                                    (II) physical standards for such 
                                operators,
                                    (III) professional service and 
                                training requirements for such 
                                operators, or
                                    (IV) background and criminal 
                                investigations for such operators,
                            (iii) does not provide for the suspension 
                        and revocation of State licenses, or
                            (iv) does not make an individual, who is 
                        ineligible for a license issued under title 46, 
                        United States Code, ineligible for a State 
                        license, or
                    (B) the Governor (or the Governor's designee) fails 
                to report pursuant to subsection (b),
        the Secretary shall terminate the agreement authorized by this 
        section, if the Secretary provides written notice to the 
        Governor of the State 60 days in advance of termination. The 
        findings of fact and conclusions of the Secretary, if based on 
        a preponderance of the evidence, shall be conclusive.
            (2) The Governor of the State may terminate the agreement 
        authorized by this section, if the Governor provides written 
        notice to the Secretary 60 days in advance of the termination 
        date.
    (e) Existing Authority.--Nothing in this section shall affect or 
diminish the authority or jurisdiction of any Federal or State officer 
to investigate, or require reporting of, marine casualties.
    (f) Uninspected Passenger Vessel Defined.--In this section the term 
``uninspected passenger vessel'' has the meaning that term has in 
section 2101(42)(B) of title 46, United States Code.

                       TITLE X--BUDGETARY EFFECTS

SEC. 1001. BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

            Attest:

                                                             Secretary.
111th CONGRESS

  2d Session

                               H. R. 3619

_______________________________________________________________________

                               AMENDMENT
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