I 

111TH CONGRESS 

1ST SESSION H. R. 3619 

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

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 22, 2009 

Mr. OBERSTAR (for himself and Mr. CUMMINGS) introduced the following bill; 

which was referred to the Committee on Transportation and Infrastructure 

A BILL 

To authorize appropriations for the Coast Guard for fiscal 

year 2010, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Coast Guard Authorization Act of 2010’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title. 

TITLE I—AUTHORIZATION 

Sec. 101. Authorization of appropriations. 

Sec. 102. Authorized levels of military strength and training. 

TITLE II—COAST GUARD 


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Sec. 201. Appointment of civilian Coast Guard judges. 

Sec. 202. Industrial activities. 

Sec. 203. Reimbursement for medical-related travel expenses. 

Sec. 204. Commissioned officers. 

Sec. 205. Coast Guard participation in the Armed Forces Retirement Home 

(AFRH) system. 

Sec. 206. Grants to international maritime organizations. 

Sec. 207. Emergency leave retention authority. 

Sec. 208. Enforcement authority. 

Sec. 209. Repeal. 

Sec. 210. Merchant Mariner Medical Advisory Committee. 

Sec. 211. Reserve commissioned warrant officer to lieutenant program. 

Sec. 212. Enhanced status quo officer promotion system. 

Sec. 213. Laser Training System. 

Sec. 214. Coast Guard vessels and aircraft. 

Sec. 215. Coast Guard District Ombudsmen. 

Sec. 216. Coast Guard commissioned officers: compulsory retirement. 

Sec. 217. Enforcement of coastwise trade laws. 

Sec. 218. Academy nominations. 

Sec. 219. Report on sexual assaults in the Coast Guard. 

Sec. 220. Home port of Coast Guard vessels in Guam. 

Sec. 221. Minority serving institutions. 

TITLE III—SHIPPING AND NAVIGATION 

Sec. 301. Goods and services. 

Sec. 302. Seaward extension of anchorage grounds jurisdiction. 

Sec. 303. Maritime Drug Law Enforcement Act amendment-simple possession. 

Sec. 304. Technical amendments to tonnage measurement law. 

Sec. 305. Adjustment of liability limits for natural gas deepwater ports. 

Sec. 306. Period of limitations for claims against Oil Spill Liability Trust 

Fund. 

Sec. 307. Merchant mariner document standards. 

Sec. 308. Report on Coast Guard determinations. 

Sec. 309. Ship emission reduction technology demonstration project. 

Sec. 310. Phaseout of vessels supporting oil and gas development. 

Sec. 311. Arctic marine shipping assessment implementation. 

Sec. 312. Supplemental positioning system. 

Sec. 313. Dual escort vessels for double hulled tankers in Prince William 

Sound, Alaska. 

TITLE IV—GREAT LAKES ICEBREAKER 

Sec. 401. Short title. 

Sec. 402. Findings. 

Sec. 403. Authorization of appropriations. 

TITLE V—ACQUISITION REFORM 

Sec. 501. Short title. 

Sec. 502. Definitions. 

Subtitle A—Restrictions on the Use of Lead Systems Integrators 

Sec. 511. Procurement structure. 

Subtitle B—Coast Guard Acquisition Policy 


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Sec. 521. Operational requirements. 

Sec. 522. Required contract terms. 

Sec. 523. Life-cycle cost estimates. 

Sec. 524. Test and evaluation. 

Sec. 525. Capability standards. 

Sec. 526. Acquisition program reports. 

Sec. 527. Undefinitized contractual actions. 

Sec. 528. Guidance on excessive pass-through charges. 

Sec. 529. Acquisition of major capabilities: Alternatives analysis. 

Sec. 530. Cost overruns and delays. 

Sec. 531. Report on former Coast Guard officials employed by contractors to 

the agency. 

Sec. 532. Department of Defense consultation. 

Subtitle C—Coast Guard Personnel 

Sec. 541. Chief Acquisition Officer. 

Sec. 542. Improvements in Coast Guard acquisition management. 

Sec. 543. Recognition of Coast Guard personnel for excellence in acquisition. 

Sec. 544. Enhanced status quo officer promotion system. 

Sec. 545. Coast Guard acquisition workforce expedited hiring authority. 

TITLE VI—MARITIME WORKFORCE DEVELOPMENT 

Sec. 601. Short title. 

Sec. 602. Maritime education loan program. 

TITLE VII—COAST GUARD MODERNIZATION 

Sec. 701. Short title. 

Subtitle A—Coast Guard Leadership 

Sec. 711. Admirals and Vice Admirals. 

Subtitle B—Marine Safety Administration 

Sec. 721. Marine safety. 

Sec. 722. Marine safety staff. 

Sec. 723. Marine safety mission priorities and long-term goals. 

Sec. 724. Powers and duties. 

Sec. 725. Appeals and waivers. 

Sec. 726. Coast Guard Academy. 

Sec. 727. Report regarding civilian marine inspectors. 

TITLE VIII—MARINE SAFETY 

Sec. 801. Short title. 

Sec. 802. Vessel size limits. 

Sec. 803. Cold weather survival training. 

Sec. 804. Fishing vessel safety. 

Sec. 805. Mariner records. 

Sec. 806. Deletion of exemption of license requirement for operators of certain 

towing vessels. 

Sec. 807. Log books. 

Sec. 808. Safe operations and equipment standards. 

Sec. 809. Approval of survival craft. 

Sec. 810. Safety management. 


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Sec. 811. Protection against discrimination. 

Sec. 812. Oil fuel tank protection. 

Sec. 813. Oaths. 

Sec. 814. Duration of credentials. 

Sec. 815. Fingerprinting. 

Sec. 816. Authorization to extend the duration of licenses, certificates of registry, and merchant mariners’ documents. 

Sec. 817. Merchant mariner documentation. 

Sec. 818. Merchant mariner assistance report. 

Sec. 819. Offshore supply vessels. 

Sec. 820. Associated equipment. 

Sec. 821. Lifesaving devices on uninspected vessels. 

Sec. 822. Study of blended fuels in marine application. 

Sec. 823. Renewal of advisory committees. 

TITLE IX—CRUISE VESSEL SAFETY 

Sec. 901. Short title. 

Sec. 902. Findings. 

Sec. 903. Cruise vessel security and safety requirements. 

Sec. 904. Study and report on the security needs of passenger vessels. 

TITLE X—UNITED STATES MARINER PROTECTION 

Sec. 1001. Short title. 

Sec. 1002. Use force against piracy. 

Sec. 1003. Agreements. 

TITLE XI—MISCELLANEOUS PROVISIONS 

Sec. 1101. Certificate of documentation for GALLANT LADY. 

Sec. 1102. Waivers. 

Sec. 1103. Great Lakes Maritime Research Institute. 

Sec. 1104. Conveyance of Coast Guard Boat House, Nantucket, Massachusetts. 

Sec. 1105. Crew wages on passenger vessels. 

Sec. 1106. Technical corrections. 

Sec. 1107. Conveyance of decommissioned Coast Guard Cutter STORIS. 

Sec. 1108. Conveyance of Coast Guard HU–25 Falcon Jet aircraft. 

Sec. 1109. Decommissioned Coast Guard vessels for Haiti. 

Sec. 1110. Phaseout of vessels supporting oil and gas development. 

Sec. 1111. Vessel traffic risk assessment. 

Sec. 1112. Study of relocation of Coast Guard Sector Buffalo facilities. 

Sec. 1113. Conveyance of Coast Guard vessels to Mississippi. 

Sec. 1114. Coast Guard assets for United States Virgin Islands. 

Sec. 1115. Officer requirements for distant water tuna vessels. 

Sec. 1116. Assessment of needs for additional Coast Guard presence in high 

latitude regions. 

Sec. 1117. Study of regional response vessel and salvage capability for Olympic 

Peninsula coast, Washington. 

Sec. 1118. Study of bridges over navigable waters. 

Sec. 1119. Limitation on jurisdiction of States to tax certain seamen. 

Sec. 1120. Decommissioned Coast Guard vessels for Bermuda. 

Sec. 1121. Conveyance of Coast Guard vessels to Nassau County, New York. 

Sec. 1122. Newtown Creek, New York City, New York. 

Sec. 1123. Land conveyance, Coast Guard property in Marquette County, 

Michigan, to the City of Marquette, Michigan. 


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Sec. 1124. Mission requirement analysis for navigable portions of the Rio 

Grande River, Texas, international water boundary. 

Sec. 1125. Conveyance of Coast Guard property in Cheboygan, Michigan. 

1 TITLE I—AUTHORIZATION 

2 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

3 Funds are authorized to be appropriated for fiscal 

4 year 2010 for necessary expenses of the Coast Guard as 

5 follows: 

6 (1) For the operation and maintenance of the 

7 Coast Guard, $6,838,291,000, of which— 

8 (A) $24,500,000 is authorized to be de9 rived from the Oil Spill Liability Trust Fund to 

10 carry out the purposes of section 1012(a)(5) of 

11 the Oil Pollution Act of 1990 (33 U.S.C. 

12 2712(a)(5)); 

13 (B) $1,110,923,000 shall be available only 

14 for paying for search and rescue programs; 

15 (C) $802,423,000 shall be available only 

16 for paying for marine safety programs; and 

17 (D) $2,274,312,000 shall be available only 

18 for paying for ports, waterways, and coastal se19 curity. 

20 (2) For the acquisition, construction, rebuild21 ing, and improvement of aids to navigation, shore 

22 and offshore facilities, vessels, and aircraft, includ23 ing equipment related thereto, $1,597,580,000, of 

24 which— 


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1 (A) $20,000,000 shall be derived from the 

2 Oil Spill Liability Trust Fund to carry out the 

3 purposes of section 1012(a)(5) of the Oil Pollu4 tion Act of 1990, to remain available until ex5 pended; 

6 (B) $1,194,780,000 is authorized for the 

7 Integrated Deepwater System Program; and 

8 (C) $45,000,000 is authorized for shore fa9 cilities and aids to navigation. 

10 (3) To the Commandant of the Coast Guard for 

11 research, development, test, and evaluation of tech12 nologies, materials, and human factors directly relat13 ing to improving the performance of the Coast 

14 Guard’s mission in search and rescue, aids to navi15 gation, marine safety, marine environmental protec16 tion, enforcement of laws and treaties, ice oper17 ations, oceanographic research, and defense readi18 ness, $29,745,000, to remain available until ex19 pended, of which $500,000 shall be derived from the 

20 Oil Spill Liability Trust Fund to carry out the pur21 poses of section 1012(a)(5) of the Oil Pollution Act 

22 of 1990. 

23 (4) For retired pay (including the payment of 

24 obligations otherwise chargeable to lapsed appropria25 tions for this purpose), payments under the Retired 


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1 Serviceman’s Family Protection and Survivor Ben2 efit Plans, and payments for medical care of retired 

3 personnel and their dependents under chapter 55 of 

4 title 10, United States Code, $1,361,245,000, to re5 main available until expended. 

6 (5) For alteration or removal of bridges over 

7 navigable waters of the United States constituting 

8 obstructions to navigation, and for personnel and 

9 administrative costs associated with the Bridge Al10 teration Program, $16,000,000. 

11 (6) For environmental compliance and restora12 tion at Coast Guard facilities (other than parts and 

13 equipment associated with operation and mainte14 nance), $13,198,000, to remain available until ex15 pended. 

16 (7) For the Coast Guard Reserve program, in17 cluding personnel and training costs, equipment, and 

18 services, $133,632,000. 

19 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 

20 AND TRAINING. 

21 (a) ACTIVE DUTY STRENGTH.—The Coast Guard is 

22 authorized an end-of-year strength for active duty per23 sonnel of 47,000 for the fiscal year ending on September 

24 30, 2010. 


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1 (b) MILITARY TRAINING STUDENT LOADS.—For fis2 cal year 2010, the Coast Guard is authorized average mili3 tary training student loads as follows: 

4 (1) For recruit and special training, 2,500 stu5 dent years. 

6 (2) For flight training, 165 student years. 

7 (3) For professional training in military and ci8 vilian institutions, 350 student years. 

9 (4) For officer acquisition, 1,200 student years. 

10 TITLE II—COAST GUARD 

11 SEC. 201. APPOINTMENT OF CIVILIAN COAST GUARD 

12 JUDGES. 

13 (a) IN GENERAL.—Chapter 7 of title 14, United 

14 States Code, is amended by adding at the end the fol15 lowing: 

16 ‘‘§ 153. Appointment of judges 

17 ‘‘The Secretary may appoint civilian employees of the 

18 Department in which the Coast Guard is operating as ap19 pellate military judges, available for assignment to the 

20 Coast Guard Court of Criminal Appeals as provided for 

21 in section 866(a) of title 10.’’. 

22 (b) CLERICAL AMENDMENT.—The analysis for such 

23 chapter is amended by adding at the end the following: 

‘‘153. Appointment of judges.’’. 


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1 SEC. 202. INDUSTRIAL ACTIVITIES. 

2 Section 151 of title 14, United States Code, is 

3 amended— 

4 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

5 ‘‘All orders’’; and 

6 (2) by adding at the end the following: 

7 ‘‘(b) ORDERS AND AGREEMENTS FOR INDUSTRIAL

8 ACTIVITIES.—Under this section, the Coast Guard indus9 trial activities may accept orders from and enter into reim10 bursable agreements with establishments, agencies, and 

11 departments of the Department of Defense.’’. 

12 SEC. 203. REIMBURSEMENT FOR MEDICAL-RELATED TRAV13 EL EXPENSES. 

14 (a) IN GENERAL.—Chapter 13 of title 14, United 

15 States Code, is amended by adding at the end the fol16 lowing: 

17 ‘‘§ 518. Reimbursement for medical-related travel ex18 penses for certain persons residing on is19 lands in the continental United States 

20 ‘‘In any case in which a covered beneficiary (as de21 fined in section 1072(5) of title 10) resides on an island 

22 that is located in the 48 contiguous States and the District 

23 of Columbia and that lacks public access roads to the 

24 mainland and is referred by a primary care physician to 

25 a specialty care provider (as defined in section 1074i(b) 

26 of title 10) on the mainland who provides services less 


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1 than 100 miles from the location where the beneficiary re2 sides, the Secretary shall reimburse the reasonable travel 

3 expenses of the covered beneficiary and, when accompani4 ment by an adult is necessary, for a parent or guardian 

5 of the covered beneficiary or another member of the cov6 ered beneficiary’s family who is at least 21 years of age.’’. 

7 (b) CLERICAL AMENDMENT.—The analysis for such 

8 chapter is amended by adding at the end the following: 

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

9 SEC. 204. COMMISSIONED OFFICERS. 

10 (a) ACTIVE DUTY PROMOTION LIST.—Section 42 of 

11 title 14, United States Code, is amended to read as fol12 lows: 

13 ‘‘§ 42. Number and distribution of commissioned offi14 cers on active duty promotion list 

15 ‘‘(a) MAXIMUM TOTAL NUMBER.—The total number 

16 of Coast Guard commissioned officers on the active duty 

17 promotion list, excluding warrant officers, shall not exceed 

18 6,700; except that the Commandant may temporarily in19 crease that number by up to 2 percent for no more than 

20 60 days following the date of the commissioning of a Coast 

21 Guard Academy class. 

22 ‘‘(b) DISTRIBUTION PERCENTAGES BY GRADE.— 

23 ‘‘(1) REQUIRED.—The total number of commis24 sioned officers authorized by this section shall be 


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1 distributed in grade in the following percentages: 

2 0.375 percent for rear admiral; 0.375 percent for 

3 rear admiral (lower half); 6.0 percent for captain; 

4 15.0 percent for commander; and 22.0 percent for 

5 lieutenant commander. 

6 ‘‘(2) DISCRETIONARY.—The Secretary shall 

7 prescribe the percentages applicable to the grades of 

8 lieutenant, lieutenant (junior grade), and ensign. 

9 ‘‘(3) AUTHORITY OF SECRETARY TO REDUCE

10 PERCENTAGE.—The Secretary— 

11 ‘‘(A) may reduce, as the needs of the Coast 

12 Guard require, any of the percentages set forth 

13 in paragraph (1); and 

14 ‘‘(B) shall apply that total percentage re15 duction to any other lower grade or combination 

16 of lower grades. 

17 ‘‘(c) COMPUTATIONS.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall com19 pute, at least once each year, the total number of 

20 commissioned officers authorized to serve in each 

21 grade by applying the grade distribution percentages 

22 established by or under this section to the total 

23 number of commissioned officers listed on the cur24 rent active duty promotion list. 


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1 ‘‘(2) ROUNDING FRACTIONS.—Subject to sub2 section (a), in making the computations under para3 graph (1), any fraction shall be rounded to the near4 est whole number. 

5 ‘‘(3) TREATMENT OF OFFICERS SERVING OUT6 SIDE COAST GUARD.—The number of commissioned 

7 officers on the active duty promotion list below the 

8 rank of rear admiral (lower half) serving with other 

9 Federal departments or agencies on a reimbursable 

10 basis or excluded under section 324(d) of title 49 

11 shall not be counted against the total number of 

12 commissioned officers authorized to serve in each 

13 grade. 

14 ‘‘(d) USE OF NUMBERS; TEMPORARY INCREASES.— 

15 The numbers resulting from computations under sub16 section (c) shall be, for all purposes, the authorized num17 ber in each grade; except that the authorized number for 

18 a grade is temporarily increased during the period between 

19 one computation and the next by the number of officers 

20 originally appointed in that grade during that period and 

21 the number of officers of that grade for whom vacancies 

22 exist in the next higher grade but whose promotion has 

23 been delayed for any reason. 

24 ‘‘(e) OFFICERS SERVING COAST GUARD ACADEMY

25 AND RESERVE.—The number of officers authorized to be 


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1 serving on active duty in each grade of the permanent 

2 commissioned teaching staff of the Coast Guard Academy 

3 and of the Reserve serving in connection with organizing, 

4 administering, recruiting, instructing, or training the re5 serve components shall be prescribed by the Secretary.’’. 

6 (b) CLERICAL AMENDMENT.—The analysis for chap7 ter 3 of such title is amended by striking the item relating 

8 to section 42 and inserting the following: 

‘‘42. Number and distribution of commissioned officers on active duty promotion 

list.’’. 

9 SEC. 205. COAST GUARD PARTICIPATION IN THE ARMED 

10 FORCES RETIREMENT HOME (AFRH) SYSTEM. 

11 (a) IN GENERAL.—Section 1502 of the Armed 

12 Forces Retirement Home Act of 1991 (24 U.S.C. 401) 

13 is amended— 

14 (1) by striking paragraph (4); 

15 (2) in paragraph (5)— 

16 (A) by striking ‘‘and’’ at the end of sub17 paragraph (C); 

18 (B) by striking the period at the end of 

19 subparagraph (D) and inserting ‘‘; and’’; and 

20 (C) by inserting at the end the following: 

21 ‘‘(E) the Assistant Commandant of the 

22 Coast Guard for Human Resources.’’; and 

23 (3) by adding at the end of paragraph (6) the 

24 following: 


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1 ‘‘(E) The Master Chief Petty Officer of the 

2 Coast Guard.’’. 

3 (b) CONFORMING AMENDMENTS.—(1) Section 2772 

4 of title 10, United States Code, is amended— 

5 (A) in subsection (a) by inserting ‘‘or, in the 

6 case of the Coast Guard, the Commandant’’ after 

7 ‘‘concerned’’; and 

8 (B) by striking subsection (c). 

9 (2) Section 1007(i) of title 37, United States Code, 

10 is amended— 

11 (A) in paragraph (3) by inserting ‘‘or, in the 

12 case of the Coast Guard, the Commandant’’ after 

13 ‘‘Secretary of Defense’’; 

14 (B) by striking paragraph (4); and 

15 (C) by redesignating paragraph (5) as para16 graph (4). 

17 SEC. 206. GRANTS TO INTERNATIONAL MARITIME ORGANI18 ZATIONS. 

19 Section 149 of title 14, United States Code, is 

20 amended by adding at the end the following: 

21 ‘‘(c) GRANTS TO INTERNATIONAL MARITIME ORGA22 NIZATIONS.—After consultation with the Secretary of 

23 State, the Commandant may make grants to, or enter into 

24 cooperative agreements, contracts, or other agreements 

25 with, international maritime organizations for the purpose 


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1 of acquiring information or data about merchant vessel in2 spections, security, safety, classification, and port state or 

3 flag state law enforcement or oversight.’’. 

4 SEC. 207. EMERGENCY LEAVE RETENTION AUTHORITY. 

5 (a) IN GENERAL.—Chapter 11 of title 14, United 

6 States Code, is amended by inserting after section 425 the 

7 following: 

8 ‘‘§ 426. Emergency leave retention authority 

9 ‘‘With regard to a member of the Coast Guard who 

10 serves on active duty, a duty assignment in support of a 

11 declaration of a major disaster or emergency by the Presi12 dent under the Robert T. Stafford Disaster Relief and 

13 Emergency Assistance Act (42 U.S.C. 5121 et seq.) shall 

14 be treated, for the purpose of section 701(f)(2) of title 

15 10, a duty assignment in support of a contingency oper16 ation.’’. 

17 (b) CLERICAL AMENDMENT.—The analysis for such 

18 chapter is amended by inserting after the item relating 

19 to section 425 the following new item: 

‘‘426. Emergency leave retention authority.’’. 

20 SEC. 208. ENFORCEMENT AUTHORITY. 

21 (a) IN GENERAL.—Chapter 5 of title 14, United 

22 States Code, is amended by adding at the end the fol23 lowing: 


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1 ‘‘§ 99. Enforcement authority 

2 ‘‘Subject to guidelines approved by the Secretary, 

3 members of the Coast Guard, in the performance of offi4 cial duties, may— 

5 ‘‘(1) carry a firearm; and 

6 ‘‘(2) while at a facility (as defined in section 

7 70101 of title 46)— 

8 ‘‘(A) make an arrest without warrant for 

9 any offense against the United States com10 mitted in their presence; and 

11 ‘‘(B) seize property as otherwise provided 

12 by law.’’. 

13 (b) CONFORMING REPEAL.—The first section added 

14 to title 46, United States Code, by the amendment made 

15 by subsection (a) of section 801 of the Coast Guard and 

16 Maritime Transportation Act of 2004 (118 Stat. 1078), 

17 and the item relating to such first section enacted by the 

18 amendment made by subsection (b) of such section 801, 

19 are repealed. 

20 (c) CLERICAL AMENDMENT.—The analysis for such 

21 chapter is amended by adding at the end the following: 

‘‘99. Enforcement authority.’’. 

22 SEC. 209. REPEAL. 

23 Section 216 of title 14, United States Code, and the 

24 item relating to such section in the analysis for chapter 

25 11 of such title, are repealed. 


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1 SEC. 210. MERCHANT MARINER MEDICAL ADVISORY COM2 MITTEE. 

3 (a) IN GENERAL.—Chapter 71 of title 46, United 

4 States Code, is amended by adding at the end the fol5 lowing new section: 

6 ‘‘§ 7115. Merchant Mariner Medical Advisory Com7 mittee 

8 ‘‘(a) ESTABLISHMENT.— 

9 ‘‘(1) IN GENERAL.—There is established a Mer10 chant Mariner Medical Advisory Committee (in this 

11 section referred to as the ‘Committee’). 

12 ‘‘(2) FUNCTIONS.—The Committee shall advise 

13 the Secretary on matters relating to— 

14 ‘‘(A) medical certification determinations 

15 for issuance of merchant mariner credentials; 

16 ‘‘(B) medical standards and guidelines for 

17 the physical qualifications of operators of com18 mercial vessels; 

19 ‘‘(C) medical examiner education; and 

20 ‘‘(D) medical research. 

21 ‘‘(b) MEMBERSHIP.— 

22 ‘‘(1) IN GENERAL.—The Committee shall con23 sist of 14 members, none of whom is a Federal em24 ployee, and shall include— 

25 ‘‘(A) ten who are health-care professionals 

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1 ence regarding the medical examinations of 

2 merchant mariners or occupational medicine; 

3 and 

4 ‘‘(B) four who are professional mariners 

5 with knowledge and experience in mariner occu6 pational requirements. 

7 ‘‘(2) STATUS OF MEMBERS.—Members of the 

8 Committee shall not be considered Federal employ9 ees or otherwise in the service or the employment of 

10 the Federal Government, except that members shall 

11 be considered special Government employees, as de12 fined in section 202(a) of title 18, United States 

13 Code, and shall be subject to any administrative 

14 standards of conduct applicable to the employees of 

15 the department in which the Coast Guard is oper16 ating. 

17 ‘‘(c) APPOINTMENTS; TERMS; VACANCIES.— 

18 ‘‘(1) APPOINTMENTS.—The Secretary shall ap19 point the members of the Committee, and each 

20 member shall serve at the pleasure of the Secretary. 

21 ‘‘(2) TERMS.—Each member shall be appointed 

22 for a term of three years, except that, of the mem23 bers first appointed, three members shall be ap24 pointed for a term of two years and three members 

25 shall be appointed for a term of one year. 


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1 ‘‘(3) VACANCIES.—Any member appointed to 

2 fill the vacancy prior to the expiration of the term 

3 for which that member’s predecessor was appointed 

4 shall be appointed for the remainder of that term. 

5 ‘‘(d) CHAIRMAN AND VICE CHAIRMAN.—The Sec6 retary shall designate one member of the Committee as 

7 the Chairman and one member as the Vice Chairman. The 

8 Vice Chairman shall act as Chairman in the absence or 

9 incapacity of, or in the event of a vacancy in the office 

10 of, the Chairman. 

11 ‘‘(e) COMPENSATION; REIMBURSEMENT.—Members 

12 of the Committee shall serve without compensation, except 

13 that, while engaged in the performance of duties away 

14 from their homes or regular places of business of the mem15 ber, the member of the Committee may be allowed travel 

16 expenses, including per diem in lieu of subsistence, as au17 thorized by section 5703 of title 5. 

18 ‘‘(f) STAFF; SERVICES.—The Secretary shall furnish 

19 to the Committee the personnel and services as are consid20 ered necessary for the conduct of its business.’’. 

21 (b) FIRST MEETING.—No later than six months after 

22 the date of enactment of this Act, the Merchant Mariner 

23 Medical Advisory Committee established by the amend24 ment made by this section shall hold its first meeting. 


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1 (c) CLERICAL AMENDMENT.—The analysis for chap2 ter 71 of that title is amended by adding at the end the 

3 following: 

‘‘7115. Merchant Mariner Medical Advisory Committee.’’. 

4 SEC. 211. RESERVE COMMISSIONED WARRANT OFFICER TO 

5 LIEUTENANT PROGRAM. 

6 Section 214(a) of title 14, United States Code, is 

7 amended to read as follows: 

8 ‘‘(a) The president may appoint temporary commis9 sioned officers— 

10 ‘‘(1) in the Regular Coast Guard in a grade, 

11 not above lieutenant, appropriate to their qualifica12 tions, experience, and length of service, as the needs 

13 of the Coast Guard may require, from among the 

14 commissioned warrant officers, warrant officers, and 

15 enlisted members of the Coast Guard, and from 

16 holders of licenses issued under chapter 71 of title 

17 46; and 

18 ‘‘(2) in the Coast Guard Reserve in a grade, 

19 not above lieutenant, appropriate to their qualifica20 tions, experience, and length of service, as the needs 

21 of the Coast Guard may require, from among the 

22 commissioned warrant officers of the Coast Guard 

23 Reserve.’’. 


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1 SEC. 212. ENHANCED STATUS QUO OFFICER PROMOTION 

2 SYSTEM. 

3 Chapter 11 of title 14, United States Code, is amend4 ed— 

5 (1) in section 253(a)— 

6 (A) by inserting ‘‘and’’ after ‘‘considered,’’; 

7 and 

8 (B) by striking ‘‘, and the number of offi9 cers the board may recommend for promotion’’; 

10 (2) in section 258— 

11 (A) by inserting ‘‘(a) IN GENERAL.—’’ be12 fore the existing text; 

13 (B) in subsection (a) (as so designated) by 

14 striking the colon at the end of the material 

15 preceding paragraph (1) and inserting ‘‘—’’; 

16 and 

17 (C) by adding at the end the following: 

18 ‘‘(b) PROVISION OF DIRECTION AND GUIDANCE.— 

19 ‘‘(1) In addition to the information provided 

20 pursuant to subsection (a), the Secretary may fur21 nish the selection board— 

22 ‘‘(A) specific direction relating to the needs 

23 of the Coast Guard for officers having par24 ticular skills, including direction relating to the 

25 need for a minimum number of officers with 

26 particular skills within a specialty; and 


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1 ‘‘(B) any other guidance that the Secretary 

2 believes may be necessary to enable the board 

3 to properly perform its functions. 

4 ‘‘(2) Selections made based on the direction and 

5 guidance provided under this subsection shall not ex6 ceed the maximum percentage of officers who may 

7 be selected from below the announced promotion 

8 zone at any given selection board convened under 

9 section 251 of this title.’’; 

10 (3) in section 259(a), by inserting after ‘‘whom 

11 the board’’ the following: ‘‘, giving due consideration 

12 to the needs of the Coast Guard for officers with 

13 particular skills so noted in specific direction fur14 nished to the board by the Secretary under section 

15 258 of this title,’’; and 

16 (4) in section 260(b), by inserting after ‘‘quali17 fied for promotion’’ the following: ‘‘to meet the 

18 needs of the service (as noted in specific direction 

19 furnished the board by the Secretary under section 

20 258 of this title)’’. 

21 SEC. 213. LASER TRAINING SYSTEM. 

22 (a) IN GENERAL.—Within one year after the date of 

23 enactment of this Act, the Secretary of the department 

24 in which the Coast Guard shall test an integrated laser 

25 engagement system for the training of members of the 


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1 Coast Guard assigned to small vessels in the use of indi2 vidual weapons and machine guns on those vessels. The 

3 test shall be conducted on vessels on the Great Lakes 

4 using similar laser equipment used by other Federal agen5 cies. However, that equipment shall be adapted for use 

6 in the marine environment. 

7 (b) REPORT.—The Secretary shall submit a report to 

8 the Committee on Transportation and Infrastructure and 

9 the Committee on Homeland Security of the House of 

10 Representatives and the Committee on Commerce, 

11 Science, and Transportation of the Senate within 6 

12 months after the conclusions of the test required under 

13 subsection (a) on the costs and benefits of using the sys14 tem regionally and nationwide to train members of the 

15 Coast Guard in the use of individual weapons and machine 

16 guns. 

17 SEC. 214. COAST GUARD VESSELS AND AIRCRAFT. 

18 (a) AUTHORITY TO FIRE AT OR INTO A VESSEL.— 

19 Section 637(c) of title 14, United States Code, is amend20 ed— 

21 (1) in paragraph (1), by striking ‘‘; or’’ and in22 serting a semicolon; 

23 (2) in paragraph (2), by striking the period at 

24 the end and inserting ‘‘; or’’; and 

25 (3) by adding at the end the following: 


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1 ‘‘(3) any other vessel or aircraft on government 

2 noncommercial service when— 

3 ‘‘(A) the vessel or aircraft is under the tac4 tical control of the Coast Guard; and 

5 ‘‘(B) at least one member of the Coast 

6 Guard is assigned and conducting a Coast 

7 Guard mission on the vessel or aircraft.’’. 

8 (b) AUTHORITY TO DISPLAY COAST GUARD ENSIGNS

9 AND PENNANTS.—Section 638(a) of title 14, United 

10 States Code, is amended by striking ‘‘Coast Guard vessels 

11 and aircraft’’ and inserting ‘‘Vessels and aircraft author12 ized by the Secretary’’. 

13 SEC. 215. COAST GUARD DISTRICT OMBUDSMEN. 

14 (a) IN GENERAL.—Chapter 3 of title 14, United 

15 States Code, is amended by adding at the end the fol16 lowing new section: 

17 ‘‘§ 55. District Ombudsmen 

18 ‘‘(a) IN GENERAL.—The Commandant shall appoint 

19 an employee of the Coast Guard in each Coast Guard Dis20 trict as a District Ombudsman to serve as a liaison be21 tween ports, terminal operators, shipowners, and labor 

22 representatives and the Coast Guard. 

23 ‘‘(b) PURPOSE.—The purpose of the District Om24 budsman shall be the following: 


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1 ‘‘(1) To support the operations of the Coast 

2 Guard in each port in the District for which the Dis3 trict Ombudsman is appointed. 

4 ‘‘(2) To improve communications between and 

5 among port stakeholders including, port and ter6 minal operators, ship owners, labor representatives, 

7 and the Coast Guard. 

8 ‘‘(3) To seek to resolve disputes between the 

9 Coast Guard and all petitioners regarding require10 ments imposed or services provided by the Coast 

11 Guard. 

12 ‘‘(c) FUNCTIONS.— 

13 ‘‘(1) COMPLAINTS.—The District Ombudsman 

14 may examine complaints brought to the attention of 

15 the District Ombudsman by a petitioner operating in 

16 a port or by Coast Guard personnel. 

17 ‘‘(2) GUIDELINES FOR DISPUTES.— 

18 ‘‘(A) IN GENERAL.—The District Ombuds19 man shall develop guidelines regarding the 

20 types of disputes with respect to which the Dis21 trict Ombudsman will provide assistance. 

22 ‘‘(B) LIMITATION.—The District Ombuds23 man shall not provide assistance with respect to 

24 a dispute unless it involves the impact of Coast 


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1 Guard requirements on port business and the 

2 flow of commerce. 

3 ‘‘(C) PRIORITY.—In providing such assist4 ance, the District Ombudsman shall give pri5 ority to complaints brought by petitioners who 

6 believe they will suffer a significant hardship as 

7 the result of implementing a Coast Guard re8 quirement or being denied a Coast Guard serv9 ice. 

10 ‘‘(3) CONSULTATION.—The District Ombuds11 man may consult with any Coast Guard personnel 

12 who can aid in the investigation of a complaint. 

13 ‘‘(4) ACCESS TO INFORMATION.—The District 

14 Ombudsman shall have access to any Coast Guard 

15 document, including any record or report, that will 

16 aid the District Ombudsman in obtaining the infor17 mation needed to conduct an investigation of a com18 pliant. 

19 ‘‘(5) REPORTS.—At the conclusion of an inves20 tigation, the District Ombudsman shall submit a re21 port on the findings and recommendations of the 

22 District Ombudsman, to the Commander of the Dis23 trict in which the petitioner who brought the com24 plaint is located or operating. 


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1 ‘‘(6) DEADLINE.—The District Ombudsman 

2 shall seek to resolve each complaint brought in ac3 cordance with the guidelines— 

4 ‘‘(A) in a timely fashion; and 

5 ‘‘(B) not later than 4 months after the 

6 complaint is officially accepted by the District 

7 Ombudsman. 

8 ‘‘(d) APPOINTMENT.—The Commandant shall ap9 point as the District Ombudsman a civilian who has expe10 rience in port and transportation systems and knowledge 

11 of port operations or of maritime commerce (or both). 

12 ‘‘(e) ANNUAL REPORTS.—The Secretary shall report 

13 annually to the Committee on Transportation and Infra14 structure of the House of Representatives and the Com15 mittee on Commerce, Science, and Transportation of the 

16 Senate on the matters brought before the District Om17 budsmen, including— 

18 ‘‘(1) the number of matters brought before each 

19 District Ombudsman; 

20 ‘‘(2) a brief summary of each such matter; and 

21 ‘‘(3) the eventual resolution of each such mat22 ter.’’. 

23 (b) CLERICAL AMENDMENT.—The analysis at the be24 ginning of that chapter is amended by adding at the end 

25 the following new item: 

‘‘55. District Ombudsmen.’’. 


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1 SEC. 216. COAST GUARD COMMISSIONED OFFICERS: COM2 PULSORY RETIREMENT. 

3 (a) IN GENERAL.—Chapter 11 of title 14, United 

4 States Code, is amended by striking section 293 and in5 serting the following: 

6 ‘‘§ 293. Compulsory retirement 

7 ‘‘(a) REGULAR COMMISSIONED OFFICERS.—Any reg8 ular commissioned officer, except a commissioned warrant 

9 officer, serving in a grade below rear admiral (lower half) 

10 shall be retired on the first day of the month following 

11 the month in which the officer becomes 62 years of age. 

12 ‘‘(b) FLAG-OFFICER GRADES.—(1) Except as pro13 vided in paragraph (2), any regular commissioned officer 

14 serving in a grade of rear admiral (lower half) or above 

15 shall be retired on the first day of the month following 

16 the month in which the officer becomes 64 years of age. 

17 ‘‘(2) The retirement of an officer under paragraph 

18 (1) may be deferred— 

19 ‘‘(A) by the President, but such a deferment 

20 may not extend beyond the first day of the month 

21 following the month in which the officer becomes 68 

22 years of age; or 

23 ‘‘(B) by the Secretary of the department in 

24 which the Coast Guard is operating, but such a 

25 deferment may not extend beyond the first day of 


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1 the month following the month in which the officer 

2 becomes 66 years of age.’’. 

3 (b) CLERICAL AMENDMENT.—The analysis at the be4 ginning of such chapter is amended by striking the item 

5 relating to such section and inserting the following: 

‘‘289. Compulsory retirement.’’. 

6 SEC. 217. ENFORCEMENT OF COASTWISE TRADE LAWS. 

7 (a) IN GENERAL.—Chapter 5 of title 14, United 

8 States Code, is amended by adding at the end the fol9 lowing: 

10 ‘‘§ 101. Enforcement of coastwise trade laws 

11 ‘‘Officers and members of the Coast Guard are au12 thorized to enforce chapter 551 of title 46. The Secretary 

13 shall establish a program for these officers and members 

14 to enforce that chapter, including the application of those 

15 laws to vessels that support the exploration, development, 

16 and production of oil, gas, or mineral resources in the Gulf 

17 of Mexico.’’. 

18 (b) CLERICAL AMENDMENT.—The analysis for that 

19 chapter is amended by adding at the end the following 

20 new item: 

‘‘101. Enforcement of coastwise trade laws.’’. 

21 (c) REPORT.—The Secretary of the department in 

22 which the Coast Guard is operating shall submit a report 

23 to the Committee on Transportation and Infrastructure 

24 of the House of Representatives and the Senate ComVerDate Nov 24 2008 03:59 Sep 23, 2009 Jkt 079200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H3619.IH H3619

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1 mittee on Commerce, Science, and Transportation within 

2 one year after the date of enactment of this Act on the 

3 enforcement strategies and enforcement actions taken to 

4 enforce the coastwise trade laws. 

5 SEC. 218. ACADEMY NOMINATIONS. 

6 (a) APPOINTMENT.—Section 182(a) of title 14, 

7 United States Code, is amended to read as follows: 

8 ‘‘(a) CORPS OF CADETS; NUMBER; NOMINATION.— 

9 ‘‘(1) The authorized strength of the Corps of 

10 Cadets (determined for any academic program year 

11 as of the day before the last day of the academic 

12 program year) is 1,000, excluding those foreign na13 tionals admitted for instructions pursuant to section 

14 195. Subject to that limitation, cadets are selected 

15 as follows: 

16 ‘‘(A) Not more than 10 individuals, ap17 pointed by the Secretary of Homeland Security, 

18 in order of merit as established by competitive 

19 examination, from the children of members of 

20 the Armed Forces who were killed in action or 

21 died of, or have a service-connected disability at 

22 not less than 100 per centum resulting from, 

23 wounds or injuries received or diseases con24 tracted in, or preexisting injury or disease ag25 gravated by, active service, children of members 


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1 who are in a ‘missing status’ (as defined in sec2 tion 551(2) of title 37), and children of civilian 

3 employees who are in ‘missing status’ (as de4 fined in section 5561(5) of title 5). The deter5 mination of the Department of Veterans Affairs 

6 as to service connection of the cause of death 

7 or disability is rated, is binding upon the Sec8 retary. 

9 ‘‘(B) Not less than one, nominated at large 

10 by the Vice President or, if there is no Vice 

11 President, by the President pro tempore of the 

12 Senate. 

13 ‘‘(C) Not less than one, nominated by each 

14 Senator. 

15 ‘‘(D) Not less than one, nominated by each 

16 Representative in Congress. 

17 ‘‘(E) Not less than one, nominated by the 

18 Delegate to the House of Representatives from 

19 the District of Columbia, the Delegate in Con20 gress from the Virgin Islands, the Resident 

21 Commissioner from Puerto Rico, the Delegate 

22 in Congress from Guam, the Delegate in Con23 gress from American Samoa, or the Resident 

24 Representative from the Commonwealth of the 

25 Northern Mariana Islands. 


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1 Each Senator, Representative, and Delegate in Con2 gress, including the Resident Commissioner and the 

3 Resident Representative, is entitled to nominate 10 

4 persons each year. Cadets who do not graduate on 

5 time shall not count against the allocations pursuant 

6 to subparagraphs (B)–(E). Nominees may be sub7 mitted without ranking or with a principal candidate 

8 and 9 ranked or unranked alternates. A nominee not 

9 selected for appointment under this paragraph shall 

10 be considered an alternate for the purposes of ap11 pointment under paragraph (2). 

12 ‘‘(2) The Secretary may appoint, each academic 

13 program year, individuals who are either— 

14 ‘‘(A) alternates nominated pursuant to 

15 paragraph (1) (C), (D), or (E); or 

16 ‘‘(B) applicants who applied directly for 

17 admission. 

18 ‘‘(3) In addition, the Secretary may appoint, 

19 each academic program year, individuals who are— 

20 ‘‘(A) children of members of the Armed 

21 Forces who— 

22 ‘‘(i) are on active duty (other than for 

23 training) and who have served continuously 

24 on active duty for at least eight years; 


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1 ‘‘(ii) are, or who died while they were, 

2 retired with pay or granted retired or re3 tainer pay; 

4 ‘‘(iii) are serving as members of re5 serve components and are credited with at 

6 least eight years of service; 

7 ‘‘(iv) would be, or who died while they 

8 would have been, entitled to retired pay, 

9 except for not having attained 60 years of 

10 age; or 

11 ‘‘(v) have been awarded the Medal of 

12 Honor; 

13 the total number of whom cannot exceed 5 per14 cent of the class to be admitted; however, a per15 son who is eligible for selection under sub16 section (a)(1)(A) may not be selected under this 

17 subparagraph; 

18 ‘‘(B) enlisted members of the Coast Guard 

19 or the Coast Guard Reserve, the total number 

20 of whom cannot exceed 5 percent of the class 

21 to be admitted; 

22 ‘‘(C) graduates of the Coast Guard Schol23 ars program, the total number of whom cannot 

24 exceed 30 percent of the class to be admitted; 

25 and 


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1 ‘‘(D) individuals who possess qualities that 

2 the Superintendent identifies to be of particular 

3 value to the Academy and the Service, the total 

4 number of whom cannot exceed 20 percent of 

5 the class to be admitted. 

6 ‘‘(4) An individual shall be qualified for nomi7 nation, selection, and appointment as a cadet at the 

8 Academy only if the individual— 

9 ‘‘(A) is a citizen or national of the United 

10 States; and 

11 ‘‘(B) meets such minimum requirements 

12 that the Secretary may establish. 

13 ‘‘(5) The Superintendent shall furnish to any 

14 Member of Congress, upon the written request of 

15 such Member, the name of the Congressman or 

16 other nominating authority responsible for the nomi17 nation of any named or identified person for ap18 pointment to the Academy. 

19 ‘‘(6) For purposes of the limitation in sub20 section (a)(1) establishing the aggregate authorized 

21 strength of the Corps of Cadets, the Secretary may, 

22 for any academic program year, permit a variance in 

23 that limitation by not more than 5 percent. In ap24 plying that limitation, and any such variance, the 


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1 last day of an academic program year shall be con2 sidered to be graduation day.’’. 

3 (b) TRANSITION.—This section shall provide for the 

4 nomination, selection, and appointment of individuals, 

5 pursuant to section 182 of title 14, United States Code, 

6 who will matriculate in academic program year 2012 and 

7 thereafter, except that for— 

8 (1) academic program year 2012, no less than 

9 135 cadets of the corps (or 14 percent of the corps, 

10 whichever is smaller) shall be from nominations 

11 made pursuant to section 182(a)(1)(B)–(E); 

12 (2) academic program year 2013, no less than 

13 270 cadets of the corps (or 27 percent of the corps, 

14 whichever is smaller) shall be from nominations 

15 made pursuant to section 182(a)(1)(B)–(E); and 

16 (3) academic program year 2014, no less than 

17 405 cadets of the corps (or 41 percent of the corps, 

18 which ever is smaller) shall be from nominations 

19 made pursuant to section 182(a)(1)(B)–(E). 

20 The Secretary is hereby authorized to take any additional 

21 action the Secretary believes necessary and proper to pro22 vide for the transition to the nomination, selection, and 

23 appointment process provided under this section. 

24 (c) MINORITY RECRUITING PROGRAM.— 


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1 (1) IN GENERAL.—Chapter 9 of title 14, United 

2 States Code, is amended by adding at the end the 

3 following new section: 

4 ‘‘§ 197. Minority recruiting program 

5 ‘‘The Secretary of the department in which the Coast 

6 Guard is operating shall establish a minority recruiting 

7 program for prospective cadets at the Coast Guard Acad8 emy. The program may include— 

9 ‘‘(1) use of minority cadets and officers to pro10 vide information regarding the Coast Guard and the 

11 Academy to students in high schools; 

12 ‘‘(2) sponsoring of trips to high school teachers 

13 and guidance counselors to the Academy; 

14 ‘‘(3) to the extent authorized by the Secretary 

15 of the Navy, maximizing the use of the Naval Acad16 emy Preparatory School to prepare students to be 

17 cadets at the Coast Guard Academy; 

18 ‘‘(4) recruiting minority members of the Coast 

19 Guard to attend the Academy; 

20 ‘‘(5) establishment of a minority affairs office 

21 at the Academy; and 

22 ‘‘(6) use of minority officers and members of 

23 the Coast Guard Reserve and Auxiliary to promote 

24 the Academy.’’. 


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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions for that chapter is amended by adding at the 

3 end the following new item: 

‘‘197. Minority recruiting program.’’. 

4 SEC. 219. REPORT ON SEXUAL ASSAULTS IN THE COAST 

5 GUARD. 

6 (a) Not later than January 15 of each year, the Com7 mandant of the Coast Guard shall submit a report on the 

8 sexual assaults involving members of the Coast Guard to 

9 the Committee on Transportation and Infrastructure of 

10 the House of Representatives and the Committee on Com11 merce, Science, and Transportation of the Senate. 

12 (b) The report required under subsection (a) shall 

13 contain the following: 

14 (1) The number of sexual assaults against 

15 members of the Coast Guard, and the number of 

16 sexual assaults by members of the Coast Guard, that 

17 were reported to military officials during the year 

18 covered by such report, and the number of the cases 

19 so reported that were substantiated. 

20 (2) A synopsis of, and the disciplinary action 

21 taken in, each substantiated case. 

22 (3) The policies, procedures, and processes im23 plemented by the Secretary concerned during the 

24 year covered by such report in response to incidents 


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1 of sexual assault involving members of the Coast 

2 Guard concerned. 

3 (4) A plan for the actions that are to be taken 

4 in the year following the year covered by such report 

5 on the prevention of and response to sexual assault 

6 involving members of the Coast Guard concerned. 

7 SEC. 220. HOME PORT OF COAST GUARD VESSELS IN GUAM. 

8 Section 96 of title 14, United States Code, is amend9 ed— 

10 (1) by striking ‘‘a State of the United States’’ 

11 and inserting ‘‘the United States or Guam’’; and 

12 (2) by inserting ‘‘or Guam’’ after ‘‘outside the 

13 United States’’. 

14 SEC. 221. MINORITY SERVING INSTITUTIONS. 

15 (a) MSI MANAGEMENT INTERNSHIP PROGRAM.— 

16 (1) ESTABLISHMENT AND PURPOSE.—The 

17 Commandant of the Coast Guard shall establish a 

18 two part management internship program for stu19 dents at minority serving institutions (MSI) to in20 tern at Coast Guard headquarters or a Coast Guard 

21 regional office, to be known as the ‘‘MSI Manage22 ment Internship Program’’, to develop a cadre of ci23 vilian, career mid-level and senior managers for the 

24 Coast Guard. 


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1 (2) OPERATION.—The MSI Management In2 ternship Program shall be managed by the Secretary 

3 of Homeland Security, acting through the Com4 mandant of the Coast Guard, in coordination with 

5 National Association for Equal Opportunity in High6 er Education, the Hispanic Association of Colleges 

7 and Universities, and the American Indian Higher 

8 Education Consortium and other non-profit edu9 cational organizations that can undertake effective 

10 recruitment efforts to attract minority students and 

11 students with disabilities. 

12 (3) CRITERIA FOR SELECTION.—Participation 

13 in the MSI Management Internship Program shall 

14 be open to sophomores, juniors, and seniors at mi15 nority serving institutions, with an emphasis on such 

16 students who are majoring in management or busi17 ness administration, international affairs, political 

18 science, marine sciences, criminal justice, or any 

19 other major related to homeland security. 

20 (4) AUTHORIZATION OF APPROPRIATIONS.— 

21 There are authorized to be appropriated $2,000,000 

22 to the Commandant to carry out this subsection. 

23 (b) MSI INITIATIVES.— 

24 (1) ESTABLISHMENT OF MSI STUDENT PRE25 COMMISSIONING INITIATIVE.—The Commandant of 


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1 the Coast Guard shall establish an MSI component 

2 of the College Student Pre-Commissioning Initiative 

3 (to be known as the ‘‘MSI Student Pre-Commis4 sioning Initiative Program’’) to ensure greater par5 ticipation by students from MSIs in the College Stu6 dent Pre-Commissioning Initiative. 

7 (2) PARTICIPATION IN OFFICER CANDIDATE

8 SCHOOL.—The Commandant of the Coast Guard 

9 shall ensure that graduates of the MSI Student Pre10 Commissioning Initiative Program are included in 

11 the first enrollment for Officer Candidate School 

12 that commences after the date of enactment of this 

13 Act and each enrollment period thereafter. 

14 (3) REPORTS.—Not later than 90 days after 

15 the conclusion of each academic year with respect to 

16 which the College Student Pre-Commissioning Initia17 tive and the MSI Student Pre-Commissioning Initia18 tive Program is carried out beginning with the first 

19 full academic year after the date of the enactment 

20 of this Act, the Commandant shall submit to the 

21 Committee on Transportation and Infrastructure 

22 and the Committee on Homeland Security of the 

23 House of Representatives and the Committee on 

24 Commerce of the Senate a report on the number of 

25 students in the College Student Pre-Commissioning 


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1 Initiative and the number of students in the MSI 

2 Student Pre-Commissioning Initiative Program, out3 reach efforts, and demographic information of en4 rollees including, age, gender, race, and disability. 

5 (4) ESTABLISHMENT OF MSI AVIATION OFFICER

6 CORPS INITIATIVE.—The Commandant of the Coast 

7 Guard shall establish an MSI Aviation Officer Corps 

8 Initiative to increase the diversity of the Coast 

9 Guard Aviation Officer Corps through an integrated 

10 recruiting, accession, training, and assignment proc11 ess that offers guaranteed flight school opportunities 

12 to students from minority serving institutions. 

13 (5) AUTHORIZATION OF APPROPRIATIONS.— 

14 There are authorized to be appropriated $3,000,000 

15 to the Commandant to carry out this subsection. 

16 (c) COAST GUARD-MSI COOPERATIVE TECHNOLOGY

17 PROGRAM.— 

18 (1) ESTABLISHMENT.—The Commandant of 

19 the Coast Guard shall establish a Coast Guard Lab20 oratory of Excellence-MSI Cooperative Technology 

21 Program at three minority serving institutions to 

22 focus on priority security areas for the Coast Guard, 

23 such as global maritime surveillance, resilience, and 

24 recovery. 


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1 (2) COLLABORATION.—The Commandant shall 

2 encourage collaboration among the minority serving 

3 institutions selected under paragraph (1) and insti4 tutions of higher education with institutional re5 search and academic program resources and experi6 ence. 

7 (3) PARTNERSHIPS.—The heads of the labora8 tories established at the minority serving institutions 

9 pursuant to paragraph (1) may seek to establish 

10 partnerships with the private sector, especially small, 

11 disadvantaged businesses, to— 

12 (A) develop increased research and devel13 opment capacity; 

14 (B) increase the number of baccalaureate 

15 and graduate degree holders in science, tech16 nology, engineering, mathematics (STEM), and 

17 information technology or other fields critical to 

18 the mission of the Coast Guard; and 

19 (C) strengthen instructional ability among 

20 faculty. 

21 (4) AUTHORIZATION OF APPROPRIATIONS.— 

22 There are authorized to be appropriated $2,500,000 

23 to the Commandant to carry out this subsection, in24 cluding for instrumentation acquisition and funding 


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1 undergraduate student scholarships, graduate fellow2 ships, and faculty-post doctoral study. 

3 (d) DEFINITION.—For purposes of this section, the 

4 terms ‘‘minority serving institution’’, ‘‘minority serving in5 stitutions’’, and ‘‘MSI’’ mean a historically Black college 

6 or university (as defined in section 322 of the Higher Edu7 cation Act of 1965), a Hispanic-serving institution (as de8 fined in section 502 of such Act), a Tribal College or Uni9 versity (as defined in section 316 of such Act), a Predomi10 nantly Black institution (as defined in section 499A(c) of 

11 such Act), or a Native American-serving nontribal institu12 tion (as defined in section 499A(c) of such Act). 

13 TITLE III—SHIPPING AND 

14 NAVIGATION 

15 SEC. 301. GOODS AND SERVICES. 

16 Section 4(b) of the Act of July 5, 1884, commonly 

17 known as the Rivers and Harbors Appropriation Act of 

18 1884 (33 U.S.C. 5(b)), is amended— 

19 (1) by striking ‘‘or’’ at the end of paragraph 

20 (2)(C); 

21 (2) by striking the period at the end of para22 graph (3) and inserting ‘‘; or’’; and 

23 (3) by adding at the end the following: 

24 ‘‘(4) sales taxes on goods and services provided 

25 to or by vessels or watercraft (other than vessels or 


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1 watercraft primarily engaged in foreign com2 merce).’’. 

3 SEC. 302. SEAWARD EXTENSION OF ANCHORAGE GROUNDS 

4 JURISDICTION. 

5 Section 7 of the Rivers and Harbors Appropriations 

6 Act of 1915 (33 U.S.C. 471) is amended— 

7 (1) by striking ‘‘That the’’ and inserting the 

8 following: 

9 ‘‘(a) IN GENERAL.—The’’. 

10 (2) in subsection (a) (as designated by para11 graph (1)) by striking ‘‘$100; and the’’ and insert12 ing ‘‘up to $10,000. Each day during which a viola13 tion continues shall constitute a separate violation. 

14 The’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(b) DEFINITION.—As used in this section ‘navigable 

17 waters of the United States’ includes all waters of the ter18 ritorial sea of the United States as described in Presi19 dential Proclamation No. 5928 of December 27, 1988.’’. 

20 SEC. 303. MARITIME DRUG LAW ENFORCEMENT ACT 

21 AMENDMENT-SIMPLE POSSESSION. 

22 Section 70506 of title 46, United States Code, is 

23 amended by adding at the end the following: 

24 ‘‘(c) SIMPLE POSSESSION.— 


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1 ‘‘(1) IN GENERAL.—Any individual on a vessel 

2 subject to the jurisdiction of the United States who 

3 is found by the Secretary, after notice and an oppor4 tunity for a hearing, to have knowingly or inten5 tionally possessed a controlled substance within the 

6 meaning of the Controlled Substances Act (21 

7 U.S.C. 812) shall be liable to the United States for 

8 a civil penalty of not to exceed $10,000 for each vio9 lation. The Secretary shall notify the individual in 

10 writing of the amount of the civil penalty. 

11 ‘‘(2) DETERMINATION OF AMOUNT.—In deter12 mining the amount of the penalty, the Secretary 

13 shall consider the nature, circumstances, extent, and 

14 gravity of the prohibited acts committed and, with 

15 respect to the violator, the degree of culpability, any 

16 history of prior offenses, ability to pay, and other 

17 matters that justice requires. 

18 ‘‘(3) TREATMENT OF CIVIL PENALTY ASSESS19 MENT.—Assessment of a civil penalty under this 

20 subsection shall not be considered a conviction for 

21 purposes of State or Federal law but may be consid22 ered proof of possession if such a determination is 

23 relevant.’’. 


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1 SEC. 304. TECHNICAL AMENDMENTS TO TONNAGE MEAS2 UREMENT LAW. 

3 (a) DEFINITIONS.—Section 14101(4) of title 46, 

4 United States Code, is amended— 

5 (1) by striking ‘‘engaged’’ the first place it ap6 pears and inserting ‘‘that engages’’; 

7 (2) in subparagraph (A), by striking ‘‘arriving’’ 

8 and inserting ‘‘that arrives’’; 

9 (3) in subparagraph (B)— 

10 (A) by striking ‘‘making’’ and inserting 

11 ‘‘that makes’’; and 

12 (B) by striking ‘‘(except a foreign vessel 

13 engaged on that voyage)’’; 

14 (4) in subparagraph (C), by striking ‘‘depart15 ing’’ and inserting ‘‘that departs’’; and 

16 (5) in subparagraph (D), by striking ‘‘making’’ 

17 and inserting ‘‘that makes’’. 

18 (b) DELEGATION OF AUTHORITY.—Section 14103(c) 

19 of that title is amended by striking ‘‘intended to be en20 gaged on’’ and inserting ‘‘that engages on’’. 

21 (c) APPLICATION.—Section 14301 of that title is 

22 amended— 

23 (1) by amending subsection (a) to read as fol24 lows: 

25 ‘‘(a) Except as otherwise provided in this section, this 

26 chapter applies to any vessel for which the application of 


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1 an international agreement or other law of the United 

2 States to the vessel depends on the vessel’s tonnage.’’; 

3 (2) in subsection (b)— 

4 (A) in paragraph (1), by striking the pe5 riod at the end and inserting ‘‘, unless the gov6 ernment of the country to which the vessel be7 longs elects to measure the vessel under this 

8 chapter.’’; 

9 (B) in paragraph (3), by inserting ‘‘of 

10 United States or Canadian registry or nation11 ality, or a vessel operated under the authority 

12 of the United States or Canada, and that is’’ 

13 after ‘‘vessel’’; 

14 (C) in paragraph (4), by striking ‘‘a vessel 

15 (except a vessel engaged’’ and inserting ‘‘a ves16 sel of United States registry or nationality, or 

17 one operated under the authority of the United 

18 States (except a vessel that engages’’; 

19 (D) by striking paragraph (5); 

20 (E) by redesignating paragraph (6) as 

21 paragraph (5); and 

22 (F) by amending paragraph (5), as so re23 designated, to read as follows: 

24 ‘‘(5) a barge of United States registry or na25 tionality, or a barge operated under the authority of 


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1 the United States (except a barge that engages on 

2 a foreign voyage) unless the owner requests.’’; 

3 (3) by striking subsection (c); 

4 (4) by redesignating subsections (d) and (e) as 

5 subsections (c) and (d), respectively; and 

6 (5) in subsection (c), as redesignated, by strik7 ing ‘‘After July 18, 1994, an existing vessel (except 

8 an existing vessel referred to in subsection (b)(5)(A) 

9 or (B) of this section)’’ and inserting ‘‘An existing 

10 vessel that has not undergone a change that the Sec11 retary finds substantially affects the vessel’s gross 

12 tonnage (or a vessel to which IMO Resolutions 

13 A.494 (XII) of November 19, 1981, A.540 (XIII) of 

14 November 17, 1983, or A.541 (XIII) of November 

15 17, 1983, apply)’’. 

16 (d) MEASUREMENT.—Section 14302(b) of that title 

17 is amended to read as follows: 

18 ‘‘(b) A vessel measured under this chapter may not 

19 be required to be measured under another law.’’. 

20 (e) TONNAGE CERTIFICATE.— 

21 (1) ISSUANCE.—Section 14303 of title 46, 

22 United States Code, is amended— 

23 (A) in subsection (a), by adding at the end 

24 the following: ‘‘For a vessel to which the Con25 vention does not apply, the Secretary shall preVerDate Nov 24 2008 03:59 Sep 23, 2009 Jkt 079200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H3619.IH H3619

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1 scribe a certificate to be issued as evidence of 

2 a vessel’s measurement under this chapter.’’; 

3 (B) in subsection (b), by inserting ‘‘issued 

4 under this section’’ after ‘‘certificate’’; and 

5 (C) in the section heading by striking 

6 ‘‘International’’ and ‘‘(1969)’’. 

7 (2) MAINTENANCE.—Section 14503 of that title 

8 is amended— 

9 (A) by designating the existing text as sub10 section (a); and 

11 (B) by adding at the end the following new 

12 subsection: 

13 ‘‘(b) The certificate shall be maintained as required 

14 by the Secretary.’’. 

15 (3) CLERICAL AMENDMENT.—The analysis at 

16 the beginning of chapter 143 of that title is amend17 ed by striking the item relating to section 14303 and 

18 inserting the following: 

‘‘14303. Tonnage Certificate.’’. 

19 (f) OPTIONAL REGULATORY MEASUREMENT.—Sec20 tion 14305(a) of that title is amended by striking ‘‘docu21 mented vessel measured under this chapter,’’ and inserting 

22 ‘‘vessel measured under this chapter that is of United 

23 States registry or nationality, or a vessel operated under 

24 the authority of the United States,’’. 


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1 (g) APPLICATION.—Section 14501 of that title is 

2 amended— 

3 (1) by amending paragraph (1) to read as fol4 lows: 

5 ‘‘(1) A vessel not measured under chapter 143 

6 of this title if the application of an international 

7 agreement or other law of the United States to the 

8 vessel depends on the vessel’s tonnage.’’; and 

9 (2) in paragraph (2), by striking ‘‘a vessel’’ and 

10 inserting ‘‘A vessel’’. 

11 (h) DUAL TONNAGE MEASUREMENT.—Section 

12 14513(c) of that title is amended— 

13 (1) in paragraph (1)— 

14 (A) by striking ‘‘vessel’s tonnage mark is 

15 below the uppermost part of the load line 

16 marks,’’ and inserting ‘‘vessel is assigned two 

17 sets of gross and net tonnages under this sec18 tion,’’; and 

19 (B) by inserting ‘‘vessel’s tonnage’’ before 

20 ‘‘mark’’ the second place such term appears; 

21 and 

22 (2) in paragraph (2), by striking the period at 

23 the end and inserting ‘‘as assigned under this sec24 tion.’’. 


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1 (i) RECIPROCITY FOR FOREIGN VESSELS.—Sub2 chapter II of chapter 145 of that title is amended by add3 ing at the end the following: 

4 ‘‘§ 14514. Reciprocity for foreign vessels 

5 ‘‘For a foreign vessel not measured under chapter 

6 143, if the Secretary finds that the laws and regulations 

7 of a foreign country related to measurement of vessels are 

8 substantially similar to those of this chapter and the regu9 lations prescribed under this chapter, the Secretary may 

10 accept the measurement and certificate of a vessel of that 

11 foreign country as complying with this chapter and the 

12 regulations prescribed under this chapter.’’. 

13 (j) CLERICAL AMENDMENT.—The analysis for sub14 chapter II of chapter 145 of such title is amended by add15 ing at the end the following: 

‘‘14514. Reciprocity for foreign vessels.’’. 

16 SEC. 305. ADJUSTMENT OF LIABILITY LIMITS FOR NAT17 URAL GAS DEEPWATER PORTS. 

18 Section 1004(d)(2) of the Oil Pollution Act of 1990 

19 (33 U.S.C. 2704(d)(2)) is amended by adding at the end 

20 the following: 

21 ‘‘(D) The Secretary may establish, by reg22 ulation, a limit of liability of not less than 

23 $12,000,000 for a deepwater port used only in 

24 connection with transportation of natural gas.’’. 


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1 SEC. 306. PERIOD OF LIMITATIONS FOR CLAIMS AGAINST 

2 OIL SPILL LIABILITY TRUST FUND. 

3 Section 1012(h)(1) of the Oil Pollution Act of 1990 

4 (33 U.S.C. 2712(h)(1)) is amended by striking ‘‘6’’ and 

5 inserting ‘‘3’’. 

6 SEC. 307. MERCHANT MARINER DOCUMENT STANDARDS. 

7 Not later than 270 days after the date of enactment 

8 of this Act, the Secretary of the department in which the 

9 Coast Guard is operating shall submit to the Committee 

10 on Transportation and Infrastructure of the House of 

11 Representatives and the Committee on Commerce, 

12 Science, and Transportation of the Senate— 

13 (1) a plan to ensure that the process for an ap14 plication, by an individual who has, or has applied 

15 for, a transportation security card under section 

16 70105 of title 46, United States Code, for a mer17 chant mariner document can be completed entirely 

18 by mail; and 

19 (2) a report on the feasibility of, and a timeline 

20 to, redesign the merchant mariner document to com21 ply with the requirements of such section, including 

22 a biometric identifier, and all relevant international 

23 conventions, including the International Labour Or24 ganization Convention Number 185 concerning the 

25 seafarers identity document, and include a review on 

26 whether or not such redesign will eliminate the need 


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1 for separate credentials and background screening 

2 and streamline the application process for mariners. 

3 SEC. 308. REPORT ON COAST GUARD DETERMINATIONS. 

4 Not later than 180 days after enactment of this Act, 

5 the Secretary of Homeland Security shall provide to the 

6 Committee on Transportation and Infrastructure of the 

7 House of Representatives and the Committee on Com8 merce, Science, and Transportation of the Senate a report 

9 on the loss of United States shipyard jobs and industrial 

10 base expertise as a result of rebuild, conversion, and dou11 ble-hull work on United States-flag vessels eligible to en12 gage in the coastwise trade being performed in foreign 

13 shipyards, enforcement of the Coast Guard’s foreign re14 build determination regulations, and recommendations for 

15 improving the transparency in the Coast Guard’s foreign 

16 rebuild determination process. 

17 SEC. 309. SHIP EMISSION REDUCTION TECHNOLOGY DEM18 ONSTRATION PROJECT. 

19 (a) STUDY.—The Commandant of the Coast Guard 

20 shall conduct a study— 

21 (1) on the methods and best practices of the 

22 use of exhaust emissions reduction technology on 

23 cargo or passenger ships that operate in United 

24 States waters and ports; and 


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1 (2) that identifies the Federal, State, and local 

2 laws, regulations, and other requirements that affect 

3 the ability of any entity to effectively demonstrate 

4 onboard technology for the reduction of contami5 nated emissions from ships. 

6 (b) REPORT.—Within 180 days after the date of en7 actment of this Act, the Commandant shall submit a re8 port on the results of the study conducted under sub9 section (a) to the Committee on Transportation and Infra10 structure of the House of Representatives and the Com11 mittee on Commerce, Science, and Transportation of the 

12 Senate. 

13 SEC. 310. PHASEOUT OF VESSELS SUPPORTING OIL AND 

14 GAS DEVELOPMENT. 

15 (a) IN GENERAL.—Notwithstanding section 

16 12111(d) of title 46, United States Code, foreign-flag ves17 sels may be chartered by, or on behalf of, a lessee to be 

18 employed for the setting, relocation, or recovery of anchors 

19 or other mooring equipment of a mobile offshore drilling 

20 unit that is located over the Outer Continental Shelf (as 

21 defined in section 2(a) of the Outer Continental Shelf 

22 Lands Act (43 U.S.C. 1331(a)) for operations in support 

23 of exploration, or flow-testing and stimulation of wells, for 

24 offshore mineral or energy resources in the Beaufort Sea 

25 or the Chukchi Sea adjacent to Alaska— 


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1 (1) for a 1-year period from the date the lessee 

2 gives the Secretary of Transportation written notice 

3 of the commencement of such exploration drilling if 

4 the Secretary determines, after publishing notice in 

5 the Federal Register, that insufficient vessels docu6 mented under section 12111(d) of title 46, United 

7 States Code, are reasonably available and suitable 

8 for these support operations and all such reasonably 

9 available and suitable vessels are employed in sup10 port of such operations; and 

11 (2) for an additional period until such vessels 

12 are available if the Secretary of Transportation de13 termines— 

14 (A) that, by April 30 of the year following 

15 the commencement of exploration drilling, the 

16 lessee has entered into a binding agreement to 

17 employ a suitable vessel or vessels to be docu18 mented under section 12111(d) of title 46, 

19 United States Code, in sufficient numbers and 

20 with sufficient suitability to replace any foreign21 flag vessel or vessels operating under this sec22 tion; and 

23 (B) after publishing notice in the Federal 

24 Register, that insufficient vessels documented 

25 under section 12111(d) of title 46, United 


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1 States Code, are reasonably available and suit2 able for these support operations and all such 

3 reasonably available and suitable vessels are 

4 employed in support of such operations. 

5 (b) EXPIRATION.—Irrespective of the year in which 

6 the commitment referred to in subsection (a)(2)(A) oc7 curs, foreign-flag anchor handling vessels may not be em8 ployed for the setting, relocation, or recovery of anchors 

9 or other mooring equipment of a mobile offshore drilling 

10 unit after December 31, 2017. 

11 (c) LESSEE DEFINED.—In this section, the term 

12 ‘‘lessee’’ means the holder of a lease (as defined in section 

13 1331(c) of title 43, United States Code), who, prior to 

14 giving the written notice in subsection (a)(1), has entered 

15 into a binding agreement to employ a suitable vessel docu16 mented or to be documented under 12111(d) of title 46, 

17 United States Code. 

18 (d) SAVINGS PROVISION.—Nothing in subsection (a) 

19 may be construed to authorize the employment in the 

20 coastwise trade of a vessel that does not meet the require21 ments of 12111 of title 46, United States Code. 

22 SEC. 311. ARCTIC MARINE SHIPPING ASSESSMENT IMPLE23 MENTATION. 

24 (a) PURPOSE.—The purpose of this section is to en25 sure safe, secure, and reliable maritime shipping in the 


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1 Arctic including the availability of aids to navigation, ves2 sel escorts, spill response capability, and maritime search 

3 and rescue in the Arctic. 

4 (b) INTERNATIONAL MARITIME ORGANIZATION

5 AGREEMENTS.—To carry out the purpose of this section, 

6 the Secretary of the department in which the Coast Guard 

7 is operating shall work through the International Mari8 time Organization to establish agreements to promote co9 ordinated action among the United States, Russia, Can10 ada, Iceland, Norway, and Denmark and other seafaring 

11 and Arctic nations to ensure, in the Arctic— 

12 (1) placement and maintenance of aids to navi13 gation; 

14 (2) appropriate icebreaking escort, tug, and sal15 vage capabilities; 

16 (3) oil spill prevention and response capability; 

17 (4) maritime domain awareness, including long18 range vessel tracking; and 

19 (5) search and rescue. 

20 (c) COORDINATION BY COMMITTEE ON THE MARI21 TIME TRANSPORTATION SYSTEM.—The Committee on the 

22 Maritime Transportation System established under a di23 rective of the President in the Ocean Action Plan, issued 

24 December 17, 2004, shall coordinate the establishment of 


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1 domestic transportation policies in the Arctic necessary to 

2 carry out the purpose of this section. 

3 (d) AGREEMENTS AND CONTRACTS.—The Secretary 

4 of the department in which the Coast Guard is operating 

5 may, subject to the availability of appropriations, enter 

6 into cooperative agreements, contracts, or other agree7 ments with, or make grants to individuals and govern8 ments to carry out the purpose of this section or any 

9 agreements established under subsection (b). 

10 (e) ICEBREAKING.—The Secretary of the department 

11 in which the Coast Guard is operating shall promote safe 

12 maritime navigation by means of icebreaking where need13 ed to assure the reasonable demands of commerce. 

14 (f) DEMONSTRATION PROJECTS.—The Secretary of 

15 Transportation may enter into cooperative agreements, 

16 contracts, or other agreements with, or make grants to, 

17 individuals to conduct demonstration projects to reduce 

18 emissions or discharges from vessels operating in the Arc19 tic. 

20 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated— 

22 (1) to the Secretary of the department in which 

23 the Coast Guard is operating— 


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1 (A) $5,000,000 for each of fiscal years 

2 2011 through 2015 for seasonal operations in 

3 the Arctic; and 

4 (B) $10,000,000 for each of fiscal years 

5 2012 through 2015 to carry out agreements es6 tablished under subsection (d); and 

7 (2) to the Secretary of Transportation 

8 $5,000,000 for each of fiscal years 2011 through 

9 2015 to conduct demonstration projects under sub10 section (f). 

11 (h) ICEBREAKERS.— 

12 (1) ANALYSES.—Not later than 90 days after 

13 the date of enactment of this Act or the date of com14 pletion of the ongoing High Latitude Study to assess 

15 Arctic polar ice-breaking mission requirements, 

16 which ever occurs later, the Commandant of the 

17 Coast Guard shall— 

18 (A) conduct a comparative cost-benefit 

19 analysis of— 

20 (i) rebuilding, renovating, or improv21 ing the existing fleet of icebreakers for op22 eration by the Coast Guard, 

23 (ii) constructing new icebreakers for 

24 operation by the Coast Guard, and 


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1 (iii) any combination of the activities 

2 described in clauses (i) and (ii), to carry 

3 out the missions of the Coast Guard; and 

4 (B) conduct an analysis of the impact on 

5 mission capacity and the ability of the United 

6 States to maintain a presence in the Arctic re7 gions through the year 2020 if recapitalization 

8 of the icebreaker fleet, either by constructing 

9 new icebreakers or rebuilding, renovating, or 

10 improving the existing fleet of icebreakers, is 

11 not fully funded. 

12 (2) REPORTS TO CONGRESS.— 

13 (A) Not later than 90 days after the date 

14 of enactment of this Act or the date of comple15 tion of the ongoing High Latitude Study to as16 sess Arctic ice-breaking mission requirements, 

17 which ever occurs later, the Commandant of the 

18 Coast Guard shall submit a report containing 

19 the results of the study, together with rec20 ommendations the Commandant deems appro21 priate under section 93(a)(24) of title 14, 

22 United States Code, to the Senate Committee 

23 on Commerce, Science, and Transportation and 

24 the House of Representatives Committee on 

25 Transportation and Infrastructure. 


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1 (B) Not later than 1 year after the date of 

2 enactment of this Act, the Commandant shall 

3 submit reports containing the results of the 

4 analyses required under subparagraphs (A) and 

5 (B) of paragraph (1), together with rec6 ommendations the Commandant deems appro7 priate under section 93(a)(24) of title 14, 

8 United States Code, to the Senate Committee 

9 on Commerce, Science, and Transportation and 

10 the House of Representatives Committee on 

11 Transportation and Infrastructure. 

12 (i) ARCTIC DEFINITION.—In this section the term 

13 ‘‘Arctic’’ has the same meaning as in section 112 of the 

14 Arctic Research and Policy Act of 1984 (15 U.S.C. 4111). 

15 SEC. 312. SUPPLEMENTAL POSITIONING SYSTEM. 

16 (a) FINDINGS.—The Congress finds the following: 

17 (1) In August 2006, the Department of Trans18 portation and Department of Homeland Security 

19 sponsored the formation of an Independent Assess20 ment Team to review the need for enhanced Loran 

21 (eLORAN) as a supplement to the Global Posi22 tioning System (GPS). 

23 (2) In December 2006, the Independent Assess24 ment Team unanimously recommended that 

25 eLORAN be completed and retained as the national 


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1 backup system for critical safety of life, national and 

2 economic security, and quality of life applications 

3 currently that are reliant on position, time, or fre4 quency from GPS. 

5 (3) Based on the Independent Assessment 

6 Team report, the Department of Transportation and 

7 Department of Homeland Security jointly rec8 ommended in March 2007 that eLORAN be the na9 tional backup for GPS. 

10 (4) The Department of Homeland Security for11 mally announced on February 7, 2008, its intention 

12 to implement eLORAN as a national positioning, 

13 navigation, and timing system to complement the 

14 GPS in the even of an outage or disruption in serv15 ice. 

16 (5) A recent outage of GPS services in Cali17 fornia due to an unintentional jamming incident re18 sulted in the shutdown of the Coast Guard’s mari19 time Differential Global Positions System program 

20 and the Automatic Identification System, caused dis21 ruption to vessel and aircraft operations, and se22 verely degraded transmissions at over 150 cell phone 

23 base stations. 

24 (6) In January 2009, the Independent Assess25 ment Team reiterated its unanimous recommendaVerDate Nov 24 2008 03:59 Sep 23, 2009 Jkt 079200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H3619.IH H3619

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1 tion that the Federal Government commit to oper2 ating the eLORAN system as a backup to GPS for 

3 not less than a 20-year period. 

4 (b) REQUIRED ACTIONS.—The Secretary of the de5 partment in which the Coast Guard is operating— 

6 (1) shall establish eLORAN as the supple7 mental navigation system for the United States; 

8 (2) shall submit to the Committee on Transpor9 tation and Infrastructure of the House of Represent10 atives and the Committee on Commerce, Science, 

11 and Transportation of the Senate— 

12 (A) a plan for modernizing the remaining 

13 LORAN–C stations; 

14 (B) a timeline for the completion of such 

15 modernization; and 

16 (C) a comprehensive estimate of the costs 

17 associated with modernizing LORAN–C infra18 structure to meet eLORAN specifications; and 

19 (3) may not take action to terminate or decom20 mission the LORAN–C program until 30 days after 

21 the Secretary certifies to the Committee on Trans22 portation and Infrastructure of the House of Rep23 resentatives and the Committee on Commerce, 

24 Science, and Transportation of the Senate that the 

25 eLORAN system is operational. 


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1 SEC. 313. DUAL ESCORT VESSELS FOR DOUBLE HULLED 

2 TANKERS IN PRINCE WILLIAM SOUND, ALAS3 KA. 

4 (a) IN GENERAL.—Section 4116(c) of the Oil Pollu5 tion Act of 1990 (46 U.S.C. 3703 note; Public Law 101– 

6 380) is amended— 

7 (1) by striking ‘‘Not later than 6 months’’ and 

8 inserting the following: 

9 ‘‘(1) IN GENERAL.—Not later than 180 days’’; 

10 and 

11 (2) by adding at the end the following: 

12 ‘‘(2) PRINCE WILLIAM SOUND, ALASKA.— 

13 ‘‘(A) IN GENERAL.—The requirement in 

14 paragraph (1) relating to single hulled tankers 

15 in Prince William Sound, Alaska, described in 

16 that paragraph being escorted by at least 2 

17 towing vessels or other vessels considered to be 

18 appropriate by the Secretary (including regula19 tions promulgated in accordance with section 

20 3703(a)(3) of title 46, United States Code, as 

21 set forth in part 168 of title 33, Code of Fed22 eral Regulations (as in effect on March 1, 

23 2009), implementing this subsection with re24 spect to those tankers) shall apply to double 

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1 porting oil in bulk in Prince William Sound, 

2 Alaska. 

3 ‘‘(B) IMPLEMENTATION OF REQUIRE4 MENTS.—The Secretary of the Federal agency 

5 with jurisdiction over the Coast Guard shall 

6 carry out subparagraph (A) by order without 

7 notice and hearing pursuant to section 553 of 

8 title 5 of the United States Code.’’. 

9 (b) EFFECTIVE DATE.—The amendments made by 

10 subsection (a) take effect on the date that is 90 days after 

11 the date of enactment of this Act. 

12 TITLE IV—GREAT LAKES 

13 ICEBREAKER 

14 SEC. 401. SHORT TITLE. 

15 This title may be cited as the ‘‘Great Lakes Ice16 breaker Replacement Act’’. 

17 SEC. 402. FINDINGS. 

18 Congress finds that— 

19 (1) five of the Coast Guard’s Great Lakes ice20 breakers are nearing the end of their useful lives; 

21 (2) two other Coast Guard icebreaking assets 

22 have experienced difficulty in heavy ice conditions; 

23 (3) during the spring of 2008, United States24 flag vessels operating on the Great Lakes suffered 

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1 cause the Coast Guard did not have enough assets 

2 available to keep Great Lakes shipping lanes open; 

3 (4) during the 2006–2007 ice season, ship4 ments of iron ore, coal, and limestone on the Great 

5 Lakes exceeded 20,000,000 tons; 

6 (5) during the 2006–2007 ice season, the trans7 portation of 10,400,000 tons of iron ore on the 

8 Great Lakes helped support 100,000 jobs at steel 

9 mills and 300,000 jobs at supplier industries by 

10 keeping those industries working during the winter 

11 season; and 

12 (6) the 6,400,000 tons of coal shipped on the 

13 Great Lakes during the 2006–2007 ice season kept 

14 the Great Lakes region supplied with electricity. 

15 SEC. 403. AUTHORIZATION OF APPROPRIATIONS. 

16 There is authorized to be appropriated $153,000,000 

17 for necessary expenses of the Coast Guard for the design, 

18 acquisition, and construction of a combined buoy tender19 icebreaker to replace icebreaking capacity on the Great 

20 Lakes, to remain available until expended. 

21 TITLE V—ACQUISITION REFORM 

22 SEC. 501. SHORT TITLE. 

23 This title may be cited as the ‘‘Coast Guard Acquisi24 tion Reform Act of 2009’’. 


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1 SEC. 502. DEFINITIONS. 

2 In this title, the following definitions apply: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means the Committee on Transportation 

6 and Infrastructure of the House of Representatives 

7 and the Committee on Commerce, Science, and 

8 Transportation of the Senate. 

9 (2) COMMANDANT.—The term ‘‘Commandant’’ 

10 means the Commandant of the Coast Guard. 

11 (3) LEVEL 1 ACQUISITION.—The term ‘‘Level 1 

12 acquisition’’ means— 

13 (A) an acquisition by the Coast Guard— 

14 (i) the estimated life-cycle costs of 

15 which exceed $1,000,000,000; or 

16 (ii) the estimated total acquisition 

17 costs of which exceed $300,000,000; or 

18 (B) any acquisition that the Chief Acquisi19 tion Officer of the Coast Guard determines to 

20 have a special interest— 

21 (i) due to— 

22 (I) the experimental or tech23 nically immature nature of the asset; 

24 (II) the technological complexity 

25 of the asset; 


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1 (III) the commitment of re2 sources; or 

3 (IV) the nature of the capability 

4 or set of capabilities to be achieved; or 

5 (ii) because such acquisition is a joint 

6 acquisition. 

7 (4) LEVEL 2 ACQUISITION.—The term ‘‘Level 2 

8 acquisition’’ means an acquisition by the Coast 

9 Guard— 

10 (A) the estimated life-cycle costs of which 

11 are equal to or less than $1,000,000,000, but 

12 greater than $300,000,000; or 

13 (B) the estimated total acquisition costs of 

14 which are equal to or less than $300,000,0000, 

15 but greater than $100,000,000. 

16 (5) LIFE-CYCLE COST.—The term ‘‘life-cycle 

17 cost’’ means all costs for development, procurement, 

18 construction, and operations and support for a par19 ticular capability or asset, without regard to funding 

20 source or management control. 

21 Subtitle A—Restrictions on the Use 

22 of Lead Systems Integrators 

23 SEC. 511. PROCUREMENT STRUCTURE. 

24 (a) IN GENERAL.— 


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1 (1) USE OF LEAD SYSTEMS INTEGRATOR.—Ex2 cept as provided in subsection (b), the Commandant 

3 may not use a private sector entity as a lead systems 

4 integrator for an acquisition contract awarded or de5 livery order or task order issued after the end of the 

6 180-day period beginning on the date of enactment 

7 of this Act. 

8 (2) FULL AND OPEN COMPETITION.—The Com9 mandant and any lead systems integrator engaged 

10 by the Coast Guard shall use full and open competi11 tion for any acquisition contract awarded after the 

12 date of enactment of this Act, unless otherwise ex13 cepted in accordance with Federal acquisition laws 

14 and regulations promulgated under those laws, in15 cluding the Federal Acquisition Regulation. 

16 (3) NO EFFECT ON SMALL BUSINESS ACT.— 

17 Nothing in this subsection shall be construed to su18 persede or otherwise affect the authorities provided 

19 by and under the Small Business Act (15 U.S.C. 

20 631 et seq.). 

21 (b) EXCEPTIONS.— 

22 (1) NATIONAL DISTRESS AND RESPONSE SYS23 TEM MODERNIZATION PROGRAM; NATIONAL SECU24 RITY CUTTERS 2 AND 3.—Notwithstanding sub25 sections (a) and (e), the Commandant may use a 


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1 private sector entity as a lead systems integrator for 

2 the Coast Guard to complete the National Distress 

3 and Response System Modernization Program (oth4 erwise known as the ‘‘Rescue 21’’ program) and Na5 tional Security Cutters 2 and 3. 

6 (2) COMPLETION OF ACQUISITION BY LEAD

7 SYSTEMS INTEGRATOR.—Notwithstanding subsection 

8 (a), the Commandant may use a private sector enti9 ty as a lead systems integrator for the Coast 

10 Guard— 

11 (A) to complete any delivery order or task 

12 order, including the exercise of previously estab13 lished options on a delivery order or task order 

14 that was issued to a lead systems integrator on 

15 or before the date that is 180 days after the 

16 date of enactment of this Act without any 

17 change in the quantity of capabilities or assets 

18 or the specific type of capabilities or assets cov19 ered by the order; 

20 (B) for a contract awarded after the date 

21 that is 180 days after the date of enactment of 

22 this Act for acquisition of, or in support of, the 

23 HC–130J aircraft, the HH–65 aircraft, or the 

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1 section (c) are met with respect to such acquisi2 tions; 

3 (C) for a contract awarded after the date 

4 that is 180 days after the date of enactment of 

5 this Act for acquisition of, or in support of, 

6 Maritime Patrol Aircraft, if the requirements of 

7 subsection (c) are met with respect to such an 

8 acquisition; and 

9 (D) for the acquisition of, or in support of, 

10 additional National Security Cutters or Mari11 time Patrol Aircraft, if the Commandant deter12 mines that— 

13 (i) the acquisition is in accordance 

14 with Federal acquisition laws and regula15 tions promulgated under those laws, in16 cluding the Federal Acquisition Regula17 tion; 

18 (ii) the acquisition and the use of a 

19 private sector entity as a lead systems inte20 grator for the acquisition are in the best 

21 interest of the Federal Government; and 

22 (iii) the requirements of subsection (c) 

23 are met with respect to such acquisition. 

24 (3) REPORT ON DECISIONMAKING PROCESS.—If 

25 the Commandant determines under subparagraph 


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1 (B), (C), or (D) of subsection (b)(2) that the Coast 

2 Guard will use a private sector lead systems inte3 grator for an acquisition, the Commandant shall no4 tify in writing the appropriate congressional commit5 tees of the Commandant’s determination and shall 

6 provide a detailed rationale for the determination, at 

7 least 30 days before the award of a contract or 

8 issuance of a delivery order or task order, using a 

9 private sector lead systems integrator, including a 

10 comparison of the cost of the acquisition through the 

11 private sector lead systems integrator with the ex12 pected cost if the acquisition were awarded directly 

13 to the manufacturer or shipyard. For purposes of 

14 that comparison, the cost of award directly to a 

15 manufacturer or shipyard shall include the costs of 

16 Government contract management and oversight. 

17 (c) LIMITATION ON LEAD SYSTEMS INTEGRATORS.— 

18 Neither an entity performing lead systems integrator func19 tions for a Coast Guard acquisition nor a Tier 1 subcon20 tractor for any acquisition described in subparagraph (B), 

21 (C), or (D) of subsection (b)(2) may have a financial inter22 est in a subcontractor below the Tier 1 subcontractor level 

23 unless— 


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1 (1) the subcontractor was selected by the prime 

2 contractor through full and open competition for 

3 such procurement; 

4 (2) the procurement was awarded by the lead 

5 systems integrator or a subcontractor through full 

6 and open competition; 

7 (3) the procurement was awarded by a subcon8 tractor through a process over which the lead sys9 tems integrator or a Tier 1 subcontractor exercised 

10 no control; or 

11 (4) the Commandant has determined that the 

12 procurement was awarded in a manner consistent 

13 with Federal acquisition laws and regulations pro14 mulgated under those laws, including the Federal 

15 Acquisition Regulation. 

16 (d) RULE OF CONSTRUCTION.—The limitation in 

17 subsection (b)(1)(A) on the quantity and specific type of 

18 assets to which subsection (b) applies shall not be con19 strued to apply to the modification of the number or type 

20 of any sub-systems or other components of a vessel or air21 craft described in subparagraph (B), (C), or (D) of sub22 section (b)(2). 

23 (e) TERMINATION DATE FOR EXCEPTIONS.—Except 

24 as described in subsection (b)(1), the Commandant may 

25 not use a private sector entity as a lead systems integrator 


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1 for acquisition contracts awarded, or task orders or deliv2 ery orders issued, after the earlier of— 

3 (1) September 30, 2011; or 

4 (2) the date on which the Commandant certifies 

5 in writing to the appropriate congressional commit6 tees that the Coast Guard has available and can re7 tain sufficient acquisition workforce personnel and 

8 expertise within the Coast Guard, through an ar9 rangement with other Federal agencies, or through 

10 contracts or other arrangements with private sector 

11 entities, to perform the functions and responsibilities 

12 of the lead systems integrator in an efficient and 

13 cost-effective manner. 

14 Subtitle B—Coast Guard 

15 Acquisition Policy 

16 SEC. 521. OPERATIONAL REQUIREMENTS. 

17 (a) IN GENERAL.—No Level 1 or Level 2 acquisition 

18 program may be initiated by the Coast Guard, and no pro19 duction contract may be awarded for such an acquisition, 

20 unless the Commandant has approved an operational re21 quirement for such acquisition. 

22 (b) OPERATIONAL REQUIREMENT FOR ACQUISITION

23 PROGRAMS.— 


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1 (1) IN GENERAL.—The Commandant shall es2 tablish mature and stable operational requirements 

3 for acquisition programs. 

4 (2) ELEMENTS.—Prior to establishing oper5 ational requirements under paragraph (1), the Com6 mandant shall— 

7 (A) prepare a preliminary statement of 

8 need, a concept of operations, an analysis of al9 ternatives or the equivalent, an estimate of life10 cycle costs, and requirements for interoper11 ability with other capabilities and assets within 

12 and external to the Coast Guard; and 

13 (B) in preparing the concept of operations 

14 under subparagraph (A), coordinate with acqui15 sition and support professionals, requirements 

16 officials, operational users and maintainers, and 

17 resource officials who can ensure the appro18 priate consideration of performance, cost, 

19 schedule and risk trade-offs. 

20 (c) CONSIDERATION OF TRADE-OFFS.—In estab21 lishing operational requirements under subsection (a), the 

22 Commandant shall develop and implement mechanisms to 

23 ensure that trade-offs among performance, cost, schedule, 

24 and risk are considered in the establishment of operational 


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1 requirements for development and production of a Level 

2 1 or Level 2 acquisition. 

3 (d) ELEMENTS.—The mechanisms required under 

4 this section shall ensure at a minimum that Coast Guard 

5 officials responsible for acquisition management, budget, 

6 and cost estimating functions have the authority to de7 velop cost estimates and raise cost and schedule matters 

8 at any point in the process of establishing operational re9 quirements for a Level 1 or Level 2 acquisition. 

10 SEC. 522. REQUIRED CONTRACT TERMS. 

11 (a) IN GENERAL.—The Commandant shall ensure 

12 that a contract awarded or a delivery order or task order 

13 issued for an acquisition of a capability or an asset with 

14 an expected service life of 10 years and with a total acqui15 sition cost that is equal to or exceeds $10,000,000 award16 ed or issued by the Coast Guard after the date of enact17 ment of this Act— 

18 (1) provides that all certifications for an end19 state capability or asset under such contract, deliv20 ery order, or task order, respectively, will be con21 ducted by the Commandant or an independent third 

22 party, and that self-certification by a contractor or 

23 subcontractor is not allowed; 


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1 (2) requires that the Commandant shall main2 tain the authority to establish, approve, and main3 tain technical requirements; 

4 (3) requires that any measurement of con5 tractor and subcontractor performance be based on 

6 the status of all work performed, including the ex7 tent to which the work performed met all perform8 ance, cost, and schedule requirements; 

9 (4) specifies that, for the acquisition or upgrade 

10 of air, surface, or shore capabilities and assets for 

11 which compliance with TEMPEST certification is a 

12 requirement, the standard for determining such com13 pliance will be the air, surface, or shore standard 

14 then used by the Department of the Navy for that 

15 type of capability or asset; and 

16 (5) for any contract awarded to acquire an Off17 shore Patrol Cutter, includes provisions specifying 

18 the service life, fatigue life, and days underway in 

19 general Atlantic and North Pacific Sea conditions, 

20 maximum range, and maximum speed the cutter will 

21 be built to achieve. 

22 (b) PROHIBITED CONTRACT PROVISIONS.—The Com23 mandant shall ensure that any contract awarded or deliv24 ery order or task order issued by the Coast Guard after 

25 the date of enactment of this Act does not include any 


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1 provision allowing for equitable adjustment that differs 

2 from the Federal Acquisition Regulation. 

3 (c) EXTENSION OF PROGRAM.—Any contract, con4 tract modification, or award term extending a contract 

5 with a lead systems integrator— 

6 (1) shall not include any minimum require7 ments for the purchase of a given or determinable 

8 number of specific capabilities or assets; and 

9 (2) shall be reviewed by an independent third 

10 party with expertise in acquisition management, and 

11 the results of that review shall be submitted to the 

12 appropriate congressional committees at least 60 

13 days prior to the award of the contract, contract 

14 modification, or award term. 

15 SEC. 523. LIFE-CYCLE COST ESTIMATES. 

16 (a) IN GENERAL.—The Commandant shall imple17 ment mechanisms to ensure the development and regular 

18 updating of life-cycle cost estimates for each acquisition 

19 with a total acquisition cost that equals or exceeds 

20 $10,000,000 and an expected service life of 10 years, and 

21 to ensure that these estimates are considered in decisions 

22 to develop or produce new or enhanced capabilities and 

23 assets. 

24 (b) TYPES OF ESTIMATES.—In addition to life-cycle 

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1 gram offices, the Commandant shall require that an inde2 pendent life-cycle cost estimate be developed for each 

3 Level 1 or Level 2 acquisition program or project. 

4 (c) REQUIRED UPDATES.—For each Level 1 or Level 

5 2 acquisition program or project the Commandant shall 

6 require that life-cycle cost estimates shall be updated be7 fore each milestone decision is concluded and the program 

8 or project enters a new acquisition phase. 

9 SEC. 524. TEST AND EVALUATION. 

10 (a) TEST AND EVALUATION MASTER PLAN.— 

11 (1) IN GENERAL.—For any Level 1 or Level 2 

12 acquisition program or project the Coast Guard 

13 Chief Acquisition Officer must approve a Test and 

14 Evaluation Master Plan specific to the acquisition 

15 program or project for the capability, asset, or sub16 systems of the capability or asset and intended to 

17 minimize technical, cost, and schedule risk as early 

18 as practicable in the development of the program or 

19 project. 

20 (2) TEST AND EVALUATION STRATEGY.—The 

21 TEMP shall— 

22 (A) set forth an integrated test and evalua23 tion strategy that will verify that capability-level 

24 or asset-level and sub-system-level design and 

25 development, including performance and 


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1 supportability, have been sufficiently proven be2 fore the capability, asset, or sub-system of the 

3 capability or asset is approved for production; 

4 and 

5 (B) require that adequate developmental 

6 tests and evaluations and operational tests and 

7 evaluations established under subparagraph (A) 

8 are performed to inform production decisions. 

9 (3) OTHER COMPONENTS OF TEMP.—At a min10 imum, the TEMP shall identify— 

11 (A) the key performance parameters to be 

12 resolved through the integrated test and evalua13 tion strategy; 

14 (B) critical operational issues to be as15 sessed in addition to the key performance pa16 rameters; 

17 (C) specific development test and evalua18 tion phases and the scope of each phase; 

19 (D) modeling and simulation activities to 

20 be performed, if any, and the scope of such ac21 tivities; 

22 (E) early operational assessments to be 

23 performed, if any, and the scope of such assess24 ments; 

25 (F) operational test and evaluation phases; 


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1 (G) an estimate of the resources, including 

2 funds, that will be required for all test, evalua3 tion, assessment, modeling, and simulation ac4 tivities; and 

5 (H) the Government entity or independent 

6 entity that will perform the test, evaluation, as7 sessment, modeling, and simulation activities. 

8 (4) UPDATE.—The Coast Guard Chief Acquisi9 tion Officer shall approve an updated TEMP when10 ever there is a revision to program or project test 

11 and evaluation strategy, scope, or phasing. 

12 (5) LIMITATION.—The Coast Guard may not— 

13 (A) proceed past that phase of the acquisi14 tion process that entails approving the sup15 porting acquisition of a capability or asset be16 fore the TEMP is approved by the Coast Guard 

17 Chief Acquisition Officer; or 

18 (B) award any production contract for a 

19 capability, asset, or sub-system for which a 

20 TEMP is required under this subsection before 

21 the TEMP is approved by the Coast Guard 

22 Chief Acquisition Officer. 

23 (b) TESTS AND EVALUATIONS.— 

24 (1) IN GENERAL.—The Commandant shall en25 sure that the Coast Guard conducts developmental 


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1 tests and evaluations and operational tests and eval2 uations of a capability or asset and the sub-systems 

3 of the capability or asset for which a TEMP has 

4 been prepared under subsection (a). 

5 (2) USE OF THIRD PARTIES.—The Com6 mandant shall ensure that the Coast Guard uses 

7 third parties with expertise in testing and evaluating 

8 the capabilities or assets and the sub-systems of the 

9 capabilities or assets being acquired to conduct de10 velopmental tests and evaluations and operational 

11 tests and evaluations whenever the Coast Guard 

12 lacks the capability to conduct the tests and evalua13 tions required by a TEMP. 

14 (3) COMMUNICATION OF SAFETY CONCERNS.— 

15 The Commandant shall require that safety concerns 

16 identified during developmental or operational tests 

17 and evaluations or through independent or Govern18 ment-conducted design assessments of capabilities or 

19 assets and sub-systems of capabilities or assets to be 

20 acquired by the Coast Guard shall be communicated 

21 as soon as practicable, but not later than 30 days 

22 after the completion of the test or assessment event 

23 or activity that identified the safety concern, to the 

24 program manager for the capability or asset and the 


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1 sub-systems concerned and to the Coast Guard Chief 

2 Acquisition Officer. 

3 (4) REPORTING OF SAFETY CONCERNS.—Any 

4 safety concerns that have been reported to the Chief 

5 Acquisition Officer for an acquisition program or 

6 project shall be reported by the Commandant to the 

7 appropriate congressional committees at least 90 

8 days before the award of any contract or issuance of 

9 any delivery order or task order for low, initial, or 

10 full-rate production of the capability or asset con11 cerned if they will remain uncorrected or unmiti12 gated at the time such a contract is awarded or de13 livery order or task order is issued. The report shall 

14 include a justification for the approval of that level 

15 of production of the capability or asset before the 

16 safety concern is corrected or mitigated. The report 

17 shall also include an explanation of the actions that 

18 will be taken to correct or mitigate the safety con19 cern, the date by which those actions will be taken, 

20 and the adequacy of current funding to correct or 

21 mitigate the safety concern. 

22 (5) ASSET ALREADY IN LOW, INITIAL, OR FULL23 RATE PRODUCTION.—If operational test and evalua24 tion on a capability or asset already in low, initial, 

25 or full-rate production identifies a safety concern 


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1 with the capability or asset or any sub-systems of 

2 the capability or asset not previously identified dur3 ing developmental or operational test and evaluation, 

4 the Commandant shall— 

5 (A) notify the program manager and the 

6 Chief Acquisition Officer of the safety concern 

7 as soon as practicable, but not later than 30 

8 days after the completion of the test and eval9 uation event or activity that identified the safe10 ty concern; and 

11 (B) notify the appropriate congressional 

12 Committee of the safety concern not later than 

13 30 days after notification is made to the pro14 gram manager and Chief Acquisition Officer, 

15 and include in such notification— 

16 (i) an explanation of the actions that 

17 will be taken to correct or mitigate the 

18 safety concern in all capabilities or assets 

19 and sub-systems of the capabilities or as20 sets yet to be produced, and the date by 

21 which those actions will be taken; 

22 (ii) an explanation of the actions that 

23 will be taken to correct or mitigate the 

24 safety concern in previously produced ca25 pabilities or assets and sub-systems of the 


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1 capabilities or assets, and the date by 

2 which those actions will be taken; and 

3 (iii) an assessment of the adequacy of 

4 current funding to correct or mitigate the 

5 safety concern in capabilities or assets and 

6 sub-systems of the capabilities or assets 

7 and in previously produced capabilities or 

8 assets and sub-systems. 

9 (c) DEFINITIONS.—In this section: 

10 (1) DEVELOPMENTAL TEST AND EVALUA11 TION.—The term ‘‘developmental test and evalua12 tion’’ means— 

13 (A) the testing of a capability or asset and 

14 the sub-systems of the capability or asset to de15 termine whether they meet all contractual per16 formance requirements, including technical per17 formance requirements, supportability require18 ments, and interoperability requirements and 

19 related specifications; and 

20 (B) the evaluation of the results of such 

21 testing. 

22 (2) OPERATIONAL TEST AND EVALUATION.— 

23 The term ‘‘operational test and evaluation’’ means— 

24 (A) the testing of a capability or asset and 

25 the sub-systems of the capability or asset, 


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1 under conditions similar to those in which the 

2 capability or asset and subsystems will actually 

3 be deployed, for the purpose of determining the 

4 effectiveness and suitability of the capability or 

5 asset and sub-systems for use by typical Coast 

6 Guard users to conduct those missions for 

7 which the capability or asset and sub-systems 

8 are intended to be used; and 

9 (B) the evaluation of the results of such 

10 testing. 

11 (3) SAFETY CONCERN.—The term ‘‘safety con12 cern’’ means any hazard associated with a capability 

13 or asset or a sub-system of a capability or asset that 

14 is likely to cause serious bodily injury or death to a 

15 typical Coast Guard user in testing, maintaining, re16 pairing, or operating the capability, asset, or sub17 system or any hazard associated with the capability, 

18 asset, or sub-system that is likely to cause major 

19 damage to the capability, asset, or sub-system dur20 ing the course of its normal operation by a typical 

21 Coast Guard user. 

22 (4) TEMP.—The term ‘‘TEMP’’ means a Test 

23 and Evaluation Master Plan for which approval is 

24 required under this section. 


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1 SEC. 525. CAPABILITY STANDARDS. 

2 (a) CUTTER CLASSIFICATION.—The Commandant 

3 shall cause each cutter, other than a National Security 

4 Cutter, acquired by the Coast Guard and delivered after 

5 the date of enactment of this Act to be classed by the 

6 American Bureau of Shipping before final acceptance. 

7 (b) TEMPEST TESTING.—The Commandant shall— 

8 (1) cause all electronics on all aircraft, surface, 

9 and shore capabilities and assets that require TEM10 PEST certification and that are delivered after the 

11 date of enactment of this Act to be tested in accord12 ance with TEMPEST standards and communication 

13 security (COMSEC) standards by an independent 

14 third party that is authorized by the Federal Gov15 ernment to perform such testing; and 

16 (2) certify that the capabilities and assets meet 

17 all applicable TEMPEST requirements. 

18 (c) NATIONAL SECURITY CUTTERS.— 

19 (1) NATIONAL SECURITY CUTTERS 1 AND 2.— 

20 Not later than 90 days before the Coast Guard 

21 awards any contract or issues any delivery order or 

22 task order to strengthen the hull of either of Na23 tional Security Cutter 1 or 2 to resolve the struc24 tural design and performance issues identified in the 

25 Department of Homeland Security Inspector Gen26 eral’s report OIG–07–23 dated January 2007, the 


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1 Commandant shall submit to the appropriate con2 gressional committees and the Committee on Home3 land Security of the House of Representatives all re4 sults of an assessment of the proposed hull strength5 ening design conducted by the Coast Guard, includ6 ing— 

7 (A) a description in detail of the extent to 

8 which the hull strengthening measures to be im9 plemented on those cutters will enable the cut10 ters to meet contract and performance require11 ments; 

12 (B) a cost benefit analysis of the proposed 

13 hull strengthening measures for National Secu14 rity Cutters 1 and 2; and 

15 (C) a description of any operational re16 strictions that would have to be applied to ei17 ther National Security Cutter 1 or 2 if the pro18 posed hull strengthening measures were not im19 plemented on either cutter. 

20 (2) OTHER VESSELS.—The Commandant shall 

21 cause the design and construction of each National 

22 Security Cutter, other than National Security Cut23 ters 1, 2, and 3, to be assessed by an independent 

24 third party with expertise in vessel design and con25 struction certification. 


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1 (d) AIRCRAFT AIRWORTHINESS.—The Commandant 

2 shall cause all aircraft and aircraft engines acquired by 

3 the Coast Guard and delivered after the date of enactment 

4 of this Act to be assessed for airworthiness by an inde5 pendent third party with expertise in aircraft and aircraft 

6 engine certification, before final acceptance. 

7 SEC. 526. ACQUISITION PROGRAM REPORTS. 

8 Any Coast Guard Level 1 or Level 2 acquisition pro9 gram or project may not begin to obtain any capability 

10 or asset or proceed beyond that phase of its development 

11 that entails approving the supporting acquisition until the 

12 Commandant submits to the appropriate congressional 

13 committees the following: 

14 (1) The key performance parameters, the key 

15 system attributes, and the operational performance 

16 attributes of the capability and asset to be acquired 

17 under the proposed acquisition program or project 

18 will be built to achieve. 

19 (2) A detailed list of the systems or other capa20 bilities with which the capability or asset to be ac21 quired is intended to be interoperable, including an 

22 explanation of the attributes of interoperability. 

23 (3) The anticipated acquisition program base24 line and acquisition unit cost for the capability or 


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1 asset to be produced and deployed under the pro2 gram or project. 

3 (4) A detailed schedule for the acquisition proc4 ess showing when all capability and asset acquisi5 tions are to be completed and when all acquired ca6 pabilities and assets are to be initially and fully de7 ployed. 

8 SEC. 527. UNDEFINITIZED CONTRACTUAL ACTIONS. 

9 (a) IN GENERAL.—The Coast Guard may not enter 

10 into an undefinitized contractual action unless such action 

11 is directly approved by the Head of Contracting Activity 

12 of the Coast Guard. 

13 (b) REQUESTS FOR UNDEFINITIZED CONTRACTUAL

14 ACTIONS.—Any request to the Head of Contracting Activ15 ity for approval of an undefinitized contractual action cov16 ered under subsection (a) must include a description of 

17 the anticipated effect on requirements of the Coast Guard 

18 if a delay is incurred for the purposes of determining con19 tractual terms, specifications, and price before perform20 ance is begun under the contractual action. 

21 (c) REQUIREMENTS FOR UNDEFINITIZED CONTRAC22 TUAL ACTIONS.— 

23 (1) DEADLINE FOR AGREEMENT ON TERMS, 

24 SPECIFICATIONS, AND PRICE.—A contracting officer 

25 of the Coast Guard may not enter into an 


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1 undefinitized contractual action unless the contrac2 tual action provides for agreement upon contractual 

3 terms, specification, and price by the earlier of— 

4 (A) the end of the 180-day period begin5 ning on the date on which the contractor sub6 mits a qualifying proposal to definitize the con7 tractual terms, specifications, and price; or 

8 (B) the date on which the amount of funds 

9 obligated under the contractual action is equal 

10 to more than 50 percent of the negotiated over11 all ceiling price for the contractual action. 

12 (2) LIMITATION ON OBLIGATIONS.— 

13 (A) IN GENERAL.—Except as provided in 

14 subparagraph (B), the contracting officer for an 

15 undefinitized contractual action may not obli16 gate under such contractual action an amount 

17 that exceeds 50 percent of the negotiated over18 all ceiling price until the contractual terms, 

19 specifications, and price are definitized for such 

20 contractual action. 

21 (B) EXCEPTION.—Notwithstanding sub22 paragraph (A), if a contractor submits a quali23 fying proposal to definitize an undefinitized 

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1 ing price is obligated on such action, the con2 tracting officer for such action may not obligate 

3 with respect to such contractual action an 

4 amount that exceeds 75 percent of the nego5 tiated overall ceiling price until the contractual 

6 terms, specifications, and price are definitized 

7 for such contractual action. 

8 (3) WAIVER.—The Commandant may waive the 

9 application of this subsection with respect to a con10 tract if the Commandant determines that the waiver 

11 is necessary to support— 

12 (A) a contingency operation (as that term 

13 is defined in section 101(a)(13) of title 10, 

14 United States Code); 

15 (B) an operation in response to an emer16 gency that poses an unacceptable threat to 

17 human health or safety or to the marine envi18 ronment; or 

19 (C) an operation in response to a natural 

20 disaster or major disaster or emergency des21 ignated by the President under the Robert T. 

22 Stafford Disaster Relief and Emergency Assist23 ance Act (42 U.S.C. 5121 et seq.). 


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1 (4) LIMITATION ON APPLICATION.—This sub2 section does not apply to an undefinitized contrac3 tual action for the purchase of initial spares. 

4 (d) INCLUSION OF NONURGENT REQUIREMENTS.— 

5 Requirements for spare parts and support equipment that 

6 are not needed on an urgent basis may not be included 

7 in an undefinitized contractual action by the Coast Guard 

8 for spare parts and support equipment that are needed 

9 on an urgent basis unless the Commandant approves such 

10 inclusion as being— 

11 (1) good business practice; and 

12 (2) in the best interests of the United States. 

13 (e) MODIFICATION OF SCOPE.—The scope of an 

14 undefinitized contractual action under which performance 

15 has begun may not be modified unless the Commandant 

16 approves such modification as being— 

17 (1) good business practice; and 

18 (2) in the best interests of the United States. 

19 (f) ALLOWABLE PROFIT.—The Commandant shall 

20 ensure that the profit allowed on an undefinitized contrac21 tual action for which the final price is negotiated after 

22 a substantial portion of the performance required is com23 pleted reflects— 

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1 formance of the contract before the final price is ne2 gotiated; and 

3 (2) the reduced cost risk of the contractor with 

4 respect to costs incurred during performance of the 

5 remaining portion of the contract. 

6 (g) DEFINITIONS.—In this section: 

7 (1) UNDEFINITIZED CONTRACTUAL ACTION.— 

8 (A) IN GENERAL.—Except as provided in 

9 subparagraph (B), the term ‘‘undefinitized con10 tractual action’’ means a new procurement ac11 tion entered into by the Coast Guard for which 

12 the contractual terms, specifications, or price 

13 are not agreed upon before performance is 

14 begun under the action. 

15 (B) EXCLUSION.—Such term does not in16 clude contractual actions with respect to the fol17 lowing: 

18 (i) Foreign military sales. 

19 (ii) Purchases in an amount not in ex20 cess of the amount of the simplified acqui21 sition threshold. 

22 (iii) Special access programs. 

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1 ful audits of the information contained in the pro2 posal as determined by the contracting officer. 

3 SEC. 528. GUIDANCE ON EXCESSIVE PASS-THROUGH 

4 CHARGES. 

5 (a) IN GENERAL.—Not later than 180 days after the 

6 date of enactment of this Act, the Commandant shall issue 

7 guidance to ensure that pass-through charges on con8 tracts, subcontracts, delivery orders, and task orders that 

9 are entered into with a private entity acting as a lead sys10 tems integrator by or on behalf of the Coast Guard are 

11 not excessive in relation to the cost of work performed by 

12 the relevant contractor or subcontractor. The guidance 

13 shall, at a minimum— 

14 (1) set forth clear standards for determining 

15 when no, or negligible, value has been added to a 

16 contract by a contractor or subcontractor; 

17 (2) set forth procedures for preventing the pay18 ment by the Government of excessive pass-through 

19 charges; and 

20 (3) identify any exceptions determined by the 

21 Commandant to be in the best interest of the Gov22 ernment. 

23 (b) EXCESSIVE PASS-THROUGH CHARGE DE24 FINED.—In this section the term ‘‘excessive pass-through 

25 charge’’, with respect to a contractor or subcontractor that 


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1 adds no, or negligible, value to a contract or subcontract, 

2 means a charge to the Government by the contractor or 

3 subcontractor that is for overhead or profit on work per4 formed by a lower-tier contractor or subcontractor, other 

5 than reasonable charges for the direct costs of managing 

6 lower-tier contractors and subcontracts and overhead and 

7 profit based on such direct costs. 

8 (c) APPLICATION OF GUIDANCE.—The guidance 

9 under this subsection shall apply to contracts awarded to 

10 a private entity acting as a lead systems integrator by or 

11 on behalf of the Coast Guard on or after the date that 

12 is 360 days after the date of enactment of this Act. 

13 SEC. 529. ACQUISITION OF MAJOR CAPABILITIES: ALTER14 NATIVES ANALYSIS. 

15 The Coast Guard may not acquire an experimental 

16 or technically immature capability or asset or implement 

17 a Level 1 or Level 2 acquisition, unless it has conducted 

18 an alternatives analysis for the capability or asset to be 

19 acquired in the concept and technology development phase 

20 of the acquisition process for the capability or asset. Such 

21 analysis shall be conducted by a federally funded research 

22 and development center, a qualified entity of the Depart23 ment of Defense, or a similar independent third party enti24 ty that has appropriate acquisition expertise. Such alter25 natives analysis shall include— 


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1 (1) an assessment of the technical maturity of 

2 the capability or asset and technical and other risks; 

3 (2) an examination of capability, interoper4 ability, and other advantages and disadvantages; 

5 (3) an evaluation of whether different combina6 tions or quantities of specific capabilities or assets 

7 could meet the Coast Guard’s overall performance 

8 needs; 

9 (4) a discussion of key assumptions and vari10 ables, and sensitivity to change in such assumptions 

11 and variables; 

12 (5) when an alternative is an existing capa13 bility, asset, or prototype, an evaluation of relevant 

14 safety and performance records and costs; 

15 (6) a calculation of life-cycle costs, including— 

16 (A) an examination of development costs 

17 and the levels of uncertainty associated with 

18 such estimated costs; 

19 (B) an examination of likely production 

20 and deployment costs and the levels of uncer21 tainty associated with such estimated costs; 

22 (C) an examination of likely operating and 

23 support costs and the levels of uncertainty asso24 ciated with such estimated costs; 


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1 (D) if they are likely to be significant, an 

2 examination of likely disposal costs and the lev3 els of uncertainty associated with such esti4 mated costs; and 

5 (E) such additional measures the Com6 mandant determines to be necessary for appro7 priate evaluation of the capability or asset; and 

8 (7) the business case for each viable alternative. 

9 SEC. 530. COST OVERRUNS AND DELAYS. 

10 (a) IN GENERAL.—The Commandant shall submit a 

11 report to the appropriate congressional committees as 

12 soon as possible, but not later than 30 days, after the 

13 Chief Acquisition Officer of the Coast Guard becomes 

14 aware of the breach of an acquisition program baseline 

15 for any Level 1 or Level 2 acquisition program, by— 

16 (1) a likely cost overrun greater than 10 per17 cent of the acquisition program baseline for that in18 dividual capability or asset or a class of capabilities 

19 or assets; 

20 (2) a likely delay of more than 180 days in the 

21 delivery schedule for any individual capability or 

22 asset or class of capabilities or assets; or 

23 (3) an anticipated failure for any individual ca24 pability or asset or class of capabilities or assets to 


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1 satisfy any key performance threshold or parameter 

2 under the acquisition program baseline. 

3 (b) CONTENT.—The report submitted under sub4 section (a) shall include— 

5 (1) a detailed description of the breach and an 

6 explanation of its cause; 

7 (2) the projected impact to performance, cost, 

8 and schedule; 

9 (3) an updated acquisition program baseline 

10 and the complete history of changes to the original 

11 acquisition program baseline; 

12 (4) the updated acquisition schedule and the 

13 complete history of changes to the original schedule; 

14 (5) a full life-cycle cost analysis for the capa15 bility or asset or class of capabilities or assets; 

16 (6) a remediation plan identifying corrective ac17 tions and any resulting issues or risks; and 

18 (7) a description of how progress in the remedi19 ation plan will be measured and monitored. 

20 (c) SUBSTANTIAL VARIANCES IN COSTS OR SCHED21 ULE.—If a likely cost overrun is greater than 20 percent 

22 or a likely delay is greater than 12 months from the costs 

23 and schedule described in the acquisition program baseline 

24 for any Level 1 or Level 2 acquisition program or project 

25 of the Coast Guard, the Commandant shall include in the 


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1 report a written certification, with a supporting expla2 nation, that— 

3 (1) the capability or asset or capability or asset 

4 class to be acquired under the program or project is 

5 essential to the accomplishment of Coast Guard mis6 sions; 

7 (2) there are no alternatives to such capability 

8 or asset or capability or asset class which will pro9 vide equal or greater capability in both a more cost10 effective and timely manner; 

11 (3) the new acquisition schedule and estimates 

12 for total acquisition cost are reasonable; and 

13 (4) the management structure for the acquisi14 tion program is adequate to manage and control per15 formance, cost, and schedule. 

16 SEC. 531. REPORT ON FORMER COAST GUARD OFFICIALS 

17 EMPLOYED BY CONTRACTORS TO THE AGEN18 CY. 

19 (a) REPORT REQUIRED.—Not later than December 

20 31, 2009, and annually thereafter, the Comptroller Gen21 eral of the United States shall submit a report to the ap22 propriate congressional committees on the employment 

23 during the preceding year by Coast Guard contractors of 

24 individuals who were Coast Guard officials in the previous 

25 5-year period. The report shall assess the extent to which 


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1 former Coast Guard officials were provided compensation 

2 by Coast Guard contractors in the preceding calendar 

3 year. 

4 (b) OBJECTIVES OF REPORT.—At a minimum, the 

5 report required by this section shall assess the extent to 

6 which former Coast Guard officials who receive compensa7 tion from Coast Guard contractors have been assigned by 

8 those contractors to work on contracts or programs be9 tween the contractor and the Coast Guard, including con10 tracts or programs for which the former official personally 

11 had oversight responsibility or decisionmaking authority 

12 when they served in or worked for the Coast Guard. 

13 (c) CONFIDENTIALITY REQUIREMENT.—The report 

14 required by this subsection shall not include the names 

15 of the former Coast Guard officials who receive compensa16 tion from Coast Guard contractors. 

17 (d) ACCESS TO INFORMATION.—A Coast Guard con18 tractor shall provide the Comptroller General access to in19 formation requested by the Comptroller General for the 

20 purpose of conducting the study required by this section. 

21 (e) DEFINITIONS.—In this section: 

22 (1) COAST GUARD CONTRACTOR.—The term 

23 ‘‘Coast Guard contractor’’ includes any person that 

24 received at least $10,000,000 in contractor awards 


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1 from the Coast Guard in the calendar year covered 

2 by the annual report. 

3 (2) COAST GUARD OFFICIAL.—The term ‘‘Coast 

4 Guard official’’ includes former officers of the Coast 

5 Guard who were compensated at a rate of pay for 

6 grade O–7 or above during the calendar year prior 

7 to the date on which they separated from the Coast 

8 Guard, and former civilian employees of the Coast 

9 Guard who served at any level of the Senior Execu10 tive Service under subchapter VIII of chapter 53 of 

11 title 5, United States Code, during the calendar year 

12 prior to the date on which they separated from the 

13 Coast Guard. 

14 SEC. 532. DEPARTMENT OF DEFENSE CONSULTATION. 

15 (a) IN GENERAL.—The Commandant shall make ar16 rangements as appropriate with the Secretary of Defense 

17 for support in contracting and management of Coast 

18 Guard acquisition programs. The Commandant shall also 

19 seek opportunities to make use of Department of Defense 

20 contracts, and contracts of other appropriate agencies, to 

21 obtain the best possible price for capabilities and assets 

22 acquired for the Coast Guard. 

23 (b) INTER-SERVICE TECHNICAL ASSISTANCE.—The 

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1 retary of the Navy to obtain the assistance of the Office 

2 of the Assistant Secretary of the Navy for Research, De3 velopment, and Acquisition, including the Navy Systems 

4 Commands, with the oversight of Coast Guard major ac5 quisition programs. Such memorandum of understanding 

6 or memorandum of agreement shall, at a minimum, pro7 vide for— 

8 (1) the exchange of technical assistance and 

9 support that the Coast Guard Chief Acquisition Offi10 cer, Coast Guard Chief Engineer, and the Coast 

11 Guard Chief Information Officer may identify; 

12 (2) the use, as appropriate, of Navy technical 

13 expertise; and 

14 (3) the temporary assignment or exchange of 

15 personnel between the Coast Guard and the Office 

16 of the Assistant Secretary of the Navy for Research, 

17 Development, and Acquisition, including Naval Sys18 tems Commands, to facilitate the development of or19 ganic capabilities in the Coast Guard. 

20 (c) TECHNICAL REQUIREMENT APPROVAL PROCE21 DURES.—The Coast Guard Chief Acquisition Officer shall 

22 adopt, to the extent practicable, procedures that are simi23 lar to those used by the senior procurement executive of 

24 the Department of the Navy to approve all technical re25 quirements. 


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1 (d) ASSESSMENT.—Within 180 days after the date 

2 of enactment of this Act, the Comptroller General shall 

3 transmit a report to the appropriate congressional com4 mittees that— 

5 (1) contains an assessment of current Coast 

6 Guard acquisition and management capabilities to 

7 manage Level 1 and Level 2 acquisitions; 

8 (2) includes recommendations as to how the 

9 Coast Guard can improve its acquisition manage10 ment, either through internal reforms or by seeking 

11 acquisition expertise from the Department of De12 fense; and 

13 (3) addresses specifically the question of wheth14 er the Coast Guard can better leverage Department 

15 of Defense or other agencies’ contracts that would 

16 meet the needs of Level 1 or Level 2 acquisitions in 

17 order to obtain the best possible price. 

18 Subtitle C—Coast Guard Personnel 

19 SEC. 541. CHIEF ACQUISITION OFFICER. 

20 (a) IN GENERAL.—Chapter 3 of title 14, United 

21 States Code, is amended by adding at the end the fol22 lowing: 

23 ‘‘§ 55. Chief Acquisition Officer 

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1 tion Officer selected by the Commandant who shall be a 

2 Rear Admiral or civilian from the Senior Executive Service 

3 (career reserved) and who meets the qualifications set 

4 forth under subsection (b). The Chief Acquisition Officer 

5 shall serve at the Assistant Commandant level and have 

6 acquisition management as that individual’s primary duty. 

7 ‘‘(b) QUALIFICATIONS.— 

8 ‘‘(1) The Chief Acquisition Officer and any 

9 Flag Officer serving in the Acquisitions Directorate 

10 shall be an acquisition professional with a program 

11 manager level III certification and must have at 

12 least 10 years experience in an acquisition position, 

13 of which at least 4 years were spent in one of the 

14 following qualifying positions: 

15 ‘‘(A) Program executive officer. 

16 ‘‘(B) Program manager of a Level 1 or 

17 Level 2 acquisition. 

18 ‘‘(C) Deputy program manager of a Level 

19 1 or Level 2 acquisition. 

20 ‘‘(D) Project manager for a Level 1 or 

21 Level 2 acquisition. 

22 ‘‘(E) Any other acquisition position of sig23 nificant responsibility in which the primary du24 ties are supervisory or management duties. 


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1 ‘‘(2) The Commandant shall periodically publish 

2 a list of the positions designated under this sub3 section. 

4 ‘‘(c) AUTHORITY AND FUNCTIONS OF THE CHIEF AC5 QUISITION OFFICER.—The functions of the Chief Acquisi6 tion Officer shall include— 

7 ‘‘(1) monitoring the performance of programs 

8 and projects on the basis of applicable performance 

9 measurements and advising the Commandant, 

10 through the chain of command, regarding the appro11 priate business strategy to achieve the missions of 

12 the Coast Guard; 

13 ‘‘(2) maximizing the use of full and open com14 petition at the prime contract and subcontract levels 

15 in the acquisition of property, capabilities, assets, 

16 and services by the Coast Guard by establishing poli17 cies, procedures, and practices that ensure that the 

18 Coast Guard receives a sufficient number of sealed 

19 bids or competitive proposals from responsible 

20 sources to fulfill the Government’s requirements, in21 cluding performance and delivery schedules, at the 

22 lowest cost or best value considering the nature of 

23 the property, capability, asset, or service procured; 

24 ‘‘(3) making acquisition decisions in concur25 rence with the technical authority of the Coast 


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1 Guard, as designated by the Commandant, and con2 sistent with all other applicable laws and decisions 

3 establishing procedures within the Coast Guard; 

4 ‘‘(4) ensuring the use of detailed performance 

5 specifications in instances in which performance 

6 based contracting is used; 

7 ‘‘(5) managing the direction of acquisition pol8 icy for the Coast Guard, including implementation of 

9 the unique acquisition policies, regulations, and 

10 standards of the Coast Guard; 

11 ‘‘(6) developing and maintaining an acquisition 

12 career management program in the Coast Guard to 

13 ensure that there is an adequate acquisition work14 force; 

15 ‘‘(7) assessing the requirements established for 

16 Coast Guard personnel regarding knowledge and 

17 skill in acquisition resources and management and 

18 the adequacy of such requirements for facilitating 

19 the achievement of the performance goals established 

20 for acquisition management; 

21 ‘‘(8) developing strategies and specific plans for 

22 hiring, training, and professional development; and 

23 ‘‘(9) reporting to the Commandant, through the 

24 chain of command, on the progress made in improv25 ing acquisition management capability.’’. 


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1 (b) APPLICATION OF QUALIFICATION REQUIRE2 MENT.—Section 55(b) of title 14, United States Code, as 

3 amended by this section, shall apply beginning October 1, 

4 2011. 

5 (c) CLERICAL AMENDMENT.—The table of sections 

6 at the beginning of such chapter is amended by adding 

7 at the end the following: 

‘‘55. Chief Acquisition Officer.’’. 

8 (d) ELEVATION OF DISPUTES TO THE CHIEF ACQUI9 SITION OFFICER.—Within 45 days after the elevation to 

10 the Chief Acquisition Officer of any design or other dis11 pute regarding a Level 1 or Level 2 acquisition, the Com12 mandant shall provide to the appropriate congressional 

13 committees a detailed description of the issue and the ra14 tionale underlying the decision taken by the Chief Acquisi15 tion Officer to resolve the issue. 

16 (e) SPECIAL RATE SUPPLEMENTS.— 

17 (1) REQUIREMENT TO ESTABLISH.—Not later 

18 than 1 year after the date of enactment of this Act 

19 and in accordance with part 9701.333 of title 5, 

20 Code of Federal Regulations, the Commandant shall 

21 establish special rate supplements that provide high22 er pay levels for employees necessary to carry out 

23 the amendment made by this section. 


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1 (2) SUBJECT TO APPROPRIATIONS.—The re2 quirement under paragraph (1) is subject to the 

3 availability of appropriations. 

4 SEC. 542. IMPROVEMENTS IN COAST GUARD ACQUISITION 

5 MANAGEMENT. 

6 (a) PROGRAM AND PROJECT MANAGERS.—An indi7 vidual may not be assigned as the program manager for 

8 a Level 1 or Level 2 acquisition unless the individual holds 

9 a Level III acquisition certification as a program manager. 

10 (b) INTEGRATED PRODUCT TEAMS.—Integrated 

11 product teams, and all teams that oversee integrated prod12 uct teams, shall be chaired by officers, members, or em13 ployees of the Coast Guard. 

14 (c) TECHNICAL AUTHORITY.—The Commandant 

15 shall maintain or designate the technical authority to es16 tablish, approve, and maintain technical requirements. 

17 Any such designation shall be made in writing and may 

18 not be delegated to the authority of the Chief Acquisition 

19 Officer established by section 55 of title 14, United States 

20 Code. 

21 (d) DESIGNATION OF POSITIONS IN THE ACQUISI22 TION WORKFORCE.— 

23 (1) IN GENERAL.—The Commandant shall des24 ignate a sufficient number of positions to be in the 

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1 quisition-related functions at Coast Guard head2 quarters and field activities. 

3 (2) REQUIRED POSITIONS.—In designating po4 sitions under subsection (a), the Commandant shall 

5 include, at a minimum, positions encompassing the 

6 following competencies and functions: 

7 (A) Program management. 

8 (B) Systems planning, research, develop9 ment, engineering, and testing. 

10 (C) Procurement, including contracting. 

11 (D) Industrial and contract property man12 agement. 

13 (E) Life-cycle logistics. 

14 (F) Quality control and assurance. 

15 (G) Manufacturing and production. 

16 (H) Business, cost estimating, financial 

17 management, and auditing. 

18 (I) Acquisition education, training, and ca19 reer development. 

20 (J) Construction and facilities engineering. 

21 (K) Testing and evaluation. 

22 (3) ACQUISITION MANAGEMENT HEADQUARTER

23 ACTIVITIES.—The Commandant shall also designate 

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1 graph (1) those acquisition-related positions located 

2 at Coast Guard headquarters units. 

3 (4) APPROPRIATE EXPERTISE REQUIRED.—The 

4 Commandant shall ensure that each individual as5 signed to a position in the acquisition workforce has 

6 the appropriate expertise to carry out the respon7 sibilities of that position. 

8 (e) MANAGEMENT INFORMATION SYSTEM.— 

9 (1) IN GENERAL.—The Commandant shall es10 tablish a management information system capability 

11 to improve acquisition workforce management and 

12 reporting. 

13 (2) INFORMATION MAINTAINED.—Information 

14 maintained with such capability shall include the fol15 lowing standardized information on individuals as16 signed to positions in the workforce: 

17 (A) Qualifications, assignment history, and 

18 tenure of those individuals assigned to positions 

19 in the acquisition workforce or holding acquisi20 tion-related certifications. 

21 (B) Promotion rates for officers and mem22 bers of the Coast Guard in the acquisition 

23 workforce. 

24 (f) REPORT ON ADEQUACY OF ACQUISITION WORK25 FORCE.— 


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1 (1) IN GENERAL.—The Commandant shall re2 port to the Congress by July 1 of each year on the 

3 scope of the acquisition activities to be performed in 

4 the next fiscal year and on the adequacy of the cur5 rent acquisition workforce to meet that anticipated 

6 workload. 

7 (2) CONTENTS.—The report shall— 

8 (A) specify the number of officers, mem9 bers, and employees of the Coast Guard cur10 rently and planned to be assigned to each posi11 tion designated under subsection (d); and 

12 (B) identify positions that are understaffed 

13 to meet the anticipated acquisition workload, 

14 and actions that will be taken to correct such 

15 understaffing. 

16 (g) APPOINTMENTS TO ACQUISITION POSITIONS.— 

17 The Commandant shall ensure that no requirement or 

18 preference for officers or members of the Coast Guard is 

19 used in the consideration of persons for positions in the 

20 acquisition workforce. 

21 (h) CAREER PATHS.— 

22 (1) IDENTIFICATION OF CAREER PATHS.—To 

23 establish acquisition management as a core com24 petency of the Coast Guard, the Commandant 

25 shall— 


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1 (A) ensure that career paths for officers, 

2 members, and employees of the Coast Guard 

3 who wish to pursue careers in acquisition are 

4 identified in terms of the education, training, 

5 experience, and assignments necessary for ca6 reer progression of those officers, members, and 

7 employees to the most senior positions in the 

8 acquisition workforce; and 

9 (B) publish information on such career 

10 paths. 

11 (2) PROMOTION PARITY.—The Commandant 

12 shall ensure that promotion parity is established for 

13 officers and members of the Coast Guard who have 

14 been assigned to the acquisition workforce relative to 

15 officers and members who have not been assigned to 

16 the acquisition workforce. 

17 (i) BALANCED WORKFORCE POLICY.—In the devel18 opment of acquisition workforce policies under this section 

19 with respect to any civilian employees or applicants for 

20 employment, the Commandant shall, consistent with the 

21 merit system principles set out in paragraphs (1) and (2) 

22 of section 2301(b) of title 5, United States Code, take into 

23 consideration the need to maintain a balanced workforce 

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1 ity groups are appropriately represented in Government 

2 service. 

3 (j) GUIDANCE ON TENURE AND ACCOUNTABILITY OF

4 PROGRAM MANAGERS.— 

5 (1) ISSUANCE OF GUIDANCE.—Not later than 1 

6 year after the date of enactment of this Act, the 

7 Commandant shall issue guidance to address the 

8 qualifications, resources, responsibilities, tenure, and 

9 accountability of program managers for the manage10 ment of acquisition programs and projects. The 

11 guidance shall address, at a minimum— 

12 (A) the qualifications that shall be required 

13 of program managers, including the number of 

14 years of acquisition experience and the profes15 sional training levels to be required of those ap16 pointed to program management positions; 

17 (B) authorities available to program man18 agers, including, to the extent appropriate, the 

19 authority to object to the addition of new pro20 gram requirements that would be inconsistent 

21 with the parameters established for an acquisi22 tion program; and 

23 (C) the extent to which a program man24 ager who initiates a new program or project will 

25 continue in management of that program or 


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1 project without interruption until the delivery of 

2 the first production units of the program. 

3 (2) STRATEGY.— 

4 (A) IN GENERAL.—Not later than 18 

5 months after the date of enactment of this Act, 

6 the Commandant shall develop a comprehensive 

7 strategy for enhancing the role of Coast Guard 

8 program managers in developing and carrying 

9 out acquisition programs. 

10 (B) MATTERS TO BE ADDRESSED.—The 

11 strategy required by this section shall address, 

12 at a minimum— 

13 (i) the creation of a specific career 

14 path and career opportunities for individ15 uals who are or may become program man16 agers, including the rotational assignments 

17 that will be provided to program managers; 

18 (ii) the provision of enhanced training 

19 and educational opportunities for individ20 uals who are or may become program man21 agers; 

22 (iii) the provision of mentoring sup23 port to current and future program man24 agers by experienced senior executives and 

25 program managers within the Coast 


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1 Guard, and through rotational assignments 

2 to the Department of Defense; 

3 (iv) the methods by which the Coast 

4 Guard will collect and disseminate best 

5 practices and lessons learned on systems 

6 acquisition to enhance program manage7 ment throughout the Coast Guard; 

8 (v) the templates and tools that will 

9 be used to support improved data gath10 ering and analysis for program manage11 ment and oversight purposes, including the 

12 metrics that will be utilized to assess the 

13 effectiveness of Coast Guard program 

14 managers in managing systems acquisition 

15 efforts; 

16 (vi) a description in detail of how the 

17 Coast Guard will promote a balanced work18 force in which women and members of ra19 cial and ethnic minority groups are appro20 priately represented in Government service; 

21 and 

22 (vii) the methods by which the ac23 countability of program managers for the 

24 results of acquisition programs will be in25 creased. 


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1 SEC. 543. RECOGNITION OF COAST GUARD PERSONNEL 

2 FOR EXCELLENCE IN ACQUISITION. 

3 (a) IN GENERAL.—Not later than 180 days after the 

4 date of enactment of this Act, the Commandant shall com5 mence implementation of a program to recognize excellent 

6 performance by individuals and teams comprised of offi7 cers, members, and employees of the Coast Guard that 

8 contributed to the long-term success of a Coast Guard ac9 quisition program or project. 

10 (b) ELEMENTS.—The program required by sub11 section (a) shall include the following: 

12 (1) Specific award categories, criteria, and eligi13 bility and manners of recognition. 

14 (2) Procedures for the nomination by personnel 

15 of the Coast Guard of individuals and teams com16 prised of officers, members, and employees of the 

17 Coast Guard for recognition under the program. 

18 (3) Procedures for the evaluation of nomina19 tions for recognition under the program by one or 

20 more panels of individuals from the Government, 

21 academia, and the private sector who have such ex22 pertise and are appointed in such manner as the 

23 Commandant shall establish for the purposes of this 

24 program. 

25 (c) AWARD OF CASH BONUSES.—As part of the pro26 gram required by subsection (a), the Commandant, subVerDate Nov 24 2008 03:59 Sep 23, 2009 Jkt 079200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\H3619.IH H3619

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1 ject to the availability of appropriations, may award to any 

2 individual recognized pursuant to the program a cash 

3 bonus to the extent that the performance of such indi4 vidual so recognized warrants the award of such bonus. 

5 SEC. 544. ENHANCED STATUS QUO OFFICER PROMOTION 

6 SYSTEM. 

7 Chapter 11 of title 14, United States Code, is amend8 ed— 

9 (1) in section 253(a)— 

10 (A) by inserting ‘‘and’’ after ‘‘considered,’’; 

11 and 

12 (B) by striking ‘‘, and the number of offi13 cers the board may recommend for promotion’’; 

14 (2) in section 258— 

15 (A) by inserting ‘‘(a) IN GENERAL.—’’ be16 fore the existing text; 

17 (B) in subsection (a) (as so designated) by 

18 striking the colon at the end of the material 

19 preceding paragraph (1) and inserting ‘‘—’’; 

20 and 

21 (C) by adding at the end the following: 

22 ‘‘(b) PROVISION OF DIRECTION AND GUIDANCE.— 

23 ‘‘(1) In addition to the information provided 

24 pursuant to subsection (a), the Commandant may 

25 furnish the selection board— 


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1 ‘‘(A) specific direction relating to the needs 

2 of the Coast Guard for officers having par3 ticular skills, including direction relating to the 

4 need for a minimum number of officers with 

5 particular skills within a specialty; and 

6 ‘‘(B) any other guidance that the Com7 mandant believes may be necessary to enable 

8 the board to properly perform its functions. 

9 ‘‘(2) Selections made based on the direction and 

10 guidance provided under this subsection shall not ex11 ceed the maximum percentage of officers who may 

12 be selected from below the announced promotion 

13 zone at any given selection board convened under 

14 section 251 of this title.’’; 

15 (3) in section 259(a), by inserting after ‘‘whom 

16 the board’’ the following: ‘‘, giving due consideration 

17 to the needs of the Coast Guard for officers with 

18 particular skills so noted in specific direction fur19 nished to the board by the Commandant under sec20 tion 258 of this title,’’; and 

21 (4) in section 260(b), by inserting after ‘‘quali22 fied for promotion’’ the following: ‘‘to meet the 

23 needs of the service (as noted in specific direction 

24 furnished the board by the Commandant under sec25 tion 258 of this title)’’. 


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1 SEC. 545. COAST GUARD ACQUISITION WORKFORCE EXPE2 DITED HIRING AUTHORITY. 

3 (a) IN GENERAL.—For purposes of sections 3304, 

4 5333, and 5753 of title 5, United States Code, the Com5 mandant may— 

6 (1) designate any category of acquisition posi7 tions within the Coast Guard as shortage category 

8 positions; and 

9 (2) use the authorities in such sections to re10 cruit and appoint highly qualified persons directly to 

11 positions so designated. 

12 (b) LIMITATION.—The Commandant may not ap13 point a person to a position of employment under this sub14 section after September 30, 2012. 

15 TITLE VI—MARITIME 

16 WORKFORCE DEVELOPMENT 

17 SEC. 601. SHORT TITLE. 

18 This title may be cited as the ‘‘Maritime Workforce 

19 Development Act’’. 

20 SEC. 602. MARITIME EDUCATION LOAN PROGRAM. 

21 (a) IN GENERAL.—Chapter 517 of title 46, United 

22 States Code, is amended by adding at the end the fol23 lowing: 

24 ‘‘§ 51705. Maritime career training loan program 

25 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor26 tation shall establish a maritime career training loan proVerDate Nov 24 2008 03:59 Sep 23, 2009 Jkt 079200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\H3619.IH H3619

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1 gram (in this section referred to as the ‘program’) in ac2 cordance with the requirements of this section. 

3 ‘‘(b) PURPOSE.—The purpose of the program shall 

4 be to make maritime career training loans available to eli5 gible students to provide for the training of United States 

6 mariners. 

7 ‘‘(c) ADMINISTRATION.—The program shall be car8 ried out by the Secretary, acting through the Adminis9 trator of the Maritime Administration. 

10 ‘‘(d) DUTIES.—The Secretary shall— 

11 ‘‘(1) allocate, on an annual basis, the award of 

12 loans under the program based on the needs of stu13 dents; 

14 ‘‘(2) develop an application process and eligi15 bility criteria for the award of loans under the pro16 gram; 

17 ‘‘(3) approve applications for loans under the 

18 program based on the eligibility criteria and alloca19 tions made under paragraph (1); and 

20 ‘‘(4) designate maritime training institutions at 

21 which loans made under the program may be used. 

22 ‘‘(e) DESIGNATION OF MARITIME TRAINING INSTITU23 TIONS.— 


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1 ‘‘(1) IN GENERAL.—In designating maritime 

2 training institutions under subsection (d)(4), the 

3 Secretary— 

4 ‘‘(A) may include Federal, State, and com5 mercial training institutions and nonprofit 

6 training organizations, except that under7 graduate students at the United States Mer8 chant Marine Academy shall not be eligible for 

9 loans under the program; 

10 ‘‘(B) shall designate institutions based on 

11 geographic diversity and scope of classes of12 fered; 

13 ‘‘(C) shall ensure that designated institu14 tions have the ability to administer the pro15 gram; and 

16 ‘‘(D) shall ensure that designated institu17 tions meet requirements to provide training in18 struction for appropriate Coast Guard-approved 

19 training instruction. 

20 ‘‘(2) EXCLUSIONS.—The Secretary— 

21 ‘‘(A) may exclude from participation in the 

22 program a maritime training institution that 

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1 gram reviews conducted during the 5 calendar 

2 years immediately preceding the present year; 

3 ‘‘(B) shall exclude from participation in 

4 the program a maritime training institution 

5 that has delinquent or outstanding debts to the 

6 United States, unless such debts are being re7 paid under or in accordance with a repayment 

8 arrangement satisfactory to the United States, 

9 or the Secretary in the Secretary’s discretion 

10 determines that the existence or amount of any 

11 such debts has not been finally determined by 

12 the appropriate Federal agency; 

13 ‘‘(C) may exclude from participation in the 

14 program a maritime training institution that 

15 has failed to comply with quality standards es16 tablished by the Department of Labor, the 

17 Coast Guard, or a State; and 

18 ‘‘(D) may establish such other criteria as 

19 the Secretary determines will protect the finan20 cial interest of the United States and promote 

21 the purposes of this section. 

22 ‘‘(f) STATE MARITIME ACADEMIES.— 

23 ‘‘(1) USE OF FUNDS FOR LOANS TO STUDENTS

24 ATTENDING STATE MARITIME ACADEMIES.—The 

25 Secretary may obligate not more than 50 percent of 


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1 the amounts appropriated to carry out this section 

2 for a fiscal year for loans to undergraduate students 

3 attending State maritime academies receiving assist4 ance under chapter 515 of this title. 

5 ‘‘(2) ACADEMIC STANDARDS FOR STUDENTS.— 

6 Students at State maritime academies receiving 

7 loans under the program shall maintain satisfactory 

8 progress toward the completion of their course of 

9 study as evidenced by the maintenance of a cumu10 lative C average, or its equivalent, or academic 

11 standing consistent with the requirements for grad12 uation, as determined by the institution. 

13 ‘‘(g) LOAN AMOUNTS AND USE.— 

14 ‘‘(1) MAXIMUM AMOUNTS.—The Secretary may 

15 not make loans to a student under the program in 

16 an amount that exceeds $15,000 in a calendar year 

17 or $60,000 in the aggregate. 

18 ‘‘(2) USE OF LOAN PROCEEDS.—A student who 

19 receives a loan under the program may use the pro20 ceeds of the loan only for postsecondary expenses in21 curred at an institution designated by the Secretary 

22 under subsection (d)(4) for books, tuition, required 

23 fees, travel to and from training facilities, and room 

24 and board. 


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1 ‘‘(h) STUDENT ELIGIBILITY.—To be eligible to re2 ceive a loan under the program, a student shall— 

3 ‘‘(1) be eligible to hold a license or merchant 

4 mariner document issued by the Coast Guard; 

5 ‘‘(2) provide to the Secretary such information 

6 as the Secretary may require, including all current 

7 Coast Guard documents, certifications, proof of 

8 United States citizenship or permanent legal status, 

9 and a statement of intent to enter a maritime ca10 reer; 

11 ‘‘(3) meet the enrollment requirements of a 

12 maritime training institution designated by the Sec13 retary under subsection (d)(4); and 

14 ‘‘(4) sign an agreement to— 

15 ‘‘(A) complete a course of instruction at 

16 such a maritime training institution; and 

17 ‘‘(B)(i) maintain a license and serve as an 

18 officer in the merchant marine on a docu19 mented vessel or a vessel owned and operated 

20 by the United States for at least 18 months of 

21 service at sea following the date of graduation 

22 from the maritime program for which the loan 

23 proceeds will be used; or 

24 ‘‘(ii) serve as an unlicensed merchant mar25 iner on a documented vessel or a vessel owned 


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1 and operated by the United States for at least 

2 18 months of service at sea following the date 

3 of graduation from the maritime program for 

4 which the loan proceeds will be used. 

5 ‘‘(i) ADMINISTRATION OF LOANS.— 

6 ‘‘(1) CONTENTS OF LOAN AGREEMENTS.—Any 

7 agreement between the Secretary and a student bor8 rower for a loan under the program shall— 

9 ‘‘(A) be evidenced by a note or other writ10 ten instrument that provides for the repayment 

11 of the principal amount of the loan and any 

12 origination fee, together with interest thereon, 

13 in equal installments (or, if the student bor14 rower so requests, in graduated periodic install15 ments determined in accordance with such 

16 schedules as may be approved by the Secretary) 

17 payable quarterly, bimonthly, or monthly, at the 

18 option of the student borrower, over a period 

19 beginning 9 months from the date on which the 

20 student borrower completes study or discon21 tinues attendance at the maritime program for 

22 which the loans are used at the institution ap23 proved by the Secretary and not exceeding 10 

24 years; 


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1 ‘‘(B) include provision for acceleration of 

2 repayment of the whole, or any part, of such 

3 loan, at the option of the student borrower; 

4 ‘‘(C) provide the loan without security and 

5 without endorsement; 

6 ‘‘(D) provide that the liability to repay the 

7 loan shall be canceled upon the death of the 

8 student borrower, or if the student borrower be9 comes permanently and totally disabled, as de10 termined in accordance with regulations to be 

11 issued by the Secretary; 

12 ‘‘(E) contain a notice of the system of dis13 closure of information concerning default on 

14 such loan to credit bureau organizations; and 

15 ‘‘(F) include provisions for deferral of re16 payment, as determined by the Secretary. 

17 ‘‘(2) RATE OF INTEREST.—A student borrower 

18 who receives a loan under the program on or after 

19 January 1, 2010, and before October 1, 2015, shall 

20 be obligated to repay the loan amount to the Sec21 retary, together with interest beginning in the period 

22 referred to in paragraph (1)(A), at a rate to be de23 termined as follows: 

24 ‘‘(A) For a loan for which the first dis25 bursement is made on or after January 1, 


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1 2010, and before October 1, 2011, 5.6 percent 

2 on the unpaid principal balance of the loan. 

3 ‘‘(B) For a loan for which the first dis4 bursement is made on or after October 1, 2011, 

5 and before October 1, 2012, 4.5 percent on the 

6 unpaid principal balance of the loan. 

7 ‘‘(C) For a loan for which the first dis8 bursement is made on or after October 1, 2012, 

9 3.4 percent on the unpaid principal balance of 

10 the loan. 

11 ‘‘(3) DISCLOSURE REQUIRED PRIOR TO DIS12 BURSEMENT.— 

13 ‘‘(A) IN GENERAL.—The Secretary shall at 

14 or prior to the time the Secretary makes a loan 

15 to a student borrower under the program, pro16 vide thorough and adequate loan information on 

17 such loan to the student borrower. The disclo18 sures required by this paragraph may be made 

19 as part of the written application material pro20 vided to the student borrower, as part of the 

21 promissory note evidencing the loan, or on a 

22 separate written form provided to the student 

23 borrower. 

24 ‘‘(B) CONTENTS.—The disclosures shall 

25 include— 


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1 ‘‘(i) the address to which communica2 tions and payments should be sent; 

3 ‘‘(ii) the principal amount of the loan; 

4 ‘‘(iii) the amount of any charges col5 lected at or prior to the disbursal of the 

6 loan and whether such charges are to be 

7 deducted from the proceeds of the loan or 

8 paid separately by the student borrower; 

9 ‘‘(iv) the stated interest rate on the 

10 loan; 

11 ‘‘(v) the yearly and cumulative max12 imum amounts that may be borrowed; 

13 ‘‘(vi) an explanation of when repay14 ment of the loan will be required and when 

15 the student borrower will be obligated to 

16 pay interest that accrues on the loan; 

17 ‘‘(vii) a statement as to the minimum 

18 and maximum repayment term that the 

19 Secretary may impose, and the minimum 

20 monthly payment required by law and a 

21 description of any penalty imposed as a 

22 consequence of default, such as liability for 

23 expenses reasonably incurred in attempts 

24 by the Secretary to collect on a loan; 


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1 ‘‘(viii) a statement of the total cumu2 lative balance, including the loan applied 

3 for, owed by the student borrower to the 

4 Secretary, and an estimate of the projected 

5 monthly payment, given such cumulative 

6 balance; 

7 ‘‘(ix) an explanation of any special op8 tions the student borrower may have for 

9 loan consolidation or other refinancing of 

10 the loan; 

11 ‘‘(x) a statement that the student bor12 rower has the right to prepay all or part 

13 of the loan, at any time, without penalty; 

14 ‘‘(xi) a statement summarizing cir15 cumstances in which repayment of the loan 

16 or interest that accrues on the loan may be 

17 deferred, and a brief notice of the program 

18 for repayment of loans, on the basis of 

19 military service, pursuant to the Depart20 ment of Defense educational loan repay21 ment program (10 U.S.C. 16302); 

22 ‘‘(xii) a definition of default and the 

23 consequences to the student borrower if 

24 the student borrower defaults, together 

25 with a statement that the disbursement of, 


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1 and the default on, a loan under this part 

2 shall be reported to a credit bureau or 

3 credit reporting agency; 

4 ‘‘(xiii) to the extent practicable, the 

5 effect of accepting the loan on the eligi6 bility of the student borrower for other 

7 forms of student assistance; and 

8 ‘‘(xiv) an explanation of any cost the 

9 student borrower may incur in the making 

10 or collection of the loan. 

11 ‘‘(C) INFORMATION TO BE PROVIDED

12 WITHOUT COST.—The information provided 

13 under this paragraph shall be available to the 

14 Secretary without cost to the student borrower. 

15 ‘‘(4) REPAYMENT AFTER DEFAULT.—The Sec16 retary may require any student borrower who has 

17 defaulted on a loan made under the program to— 

18 ‘‘(A) pay all reasonable collection costs as19 sociated with such loan; and 

20 ‘‘(B) repay the loan pursuant to an income 

21 contingent repayment plan. 

22 ‘‘(5) AUTHORIZATION TO REDUCE RATES AND

23 FEES.—Notwithstanding any other provision of this 

24 section, the Secretary may prescribe by regulation 

25 any reductions in the interest rate or origination fee 


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1 paid by a student borrower of a loan made under the 

2 program as the Secretary determines appropriate to 

3 encourage ontime repayment of the loan. Such re4 ductions may be offered only if the Secretary deter5 mines the reductions are cost neutral and in the best 

6 financial interest of the United States. 

7 ‘‘(6) COLLECTION OF REPAYMENTS.—The Sec8 retary shall collect repayments made under the pro9 gram and exercise due diligence in such collection, 

10 including maintenance of all necessary records to en11 sure that maximum repayments are made. Collection 

12 and servicing of repayments under the program shall 

13 be pursued to the full extent of the law, including 

14 wage garnishment if necessary. The Secretary of the 

15 Department in which the Coast Guard is operating 

16 shall provide the Secretary of Transportation with 

17 any information regarding a mariner that may aid 

18 in the collection of repayments under this section. 

19 ‘‘(7) REPAYMENT SCHEDULE.—A student bor20 rower who receives a loan under the program shall 

21 repay the loan quarterly, bimonthly, or monthly, at 

22 the option of the student borrower, over a period be23 ginning 9 months from the date the student bor24 rower completes study or discontinues attendance at 

25 the maritime program for which the loan proceeds 


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1 are used and ending not more than 10 years after 

2 the date repayment begins. Provisions for deferral of 

3 repayment shall be determined by the Secretary. 

4 ‘‘(8) CONTRACTS FOR SERVICING AND COLLEC5 TION OF LOANS.—The Secretary may— 

6 ‘‘(A) enter into a contract or other ar7 rangement with State or nonprofit agencies 

8 and, on a competitive basis, with collection 

9 agencies for servicing and collection of loans 

10 under this section; and 

11 ‘‘(B) conduct litigation necessary to carry 

12 out this section. 

13 ‘‘(j) REVOLVING LOAN FUND.— 

14 ‘‘(1) ESTABLISHMENT.—The Secretary shall es15 tablish a revolving loan fund consisting of amounts 

16 deposited in the fund under paragraph (2). 

17 ‘‘(2) DEPOSITS.—The Secretary shall deposit in 

18 the fund— 

19 ‘‘(A) receipts from the payment of prin20 cipal and interest on loans made under the pro21 gram; and 

22 ‘‘(B) any other monies paid to the Sec23 retary by or on behalf of individuals under the 

24 program. 


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1 ‘‘(3) AVAILABILITY OF AMOUNTS.—Amounts in 

2 the fund shall be available to the Secretary, without 

3 further appropriation— 

4 ‘‘(A) to cover the administrative costs of 

5 the program, including the maintenance of 

6 records and making collections under this sec7 tion; and 

8 ‘‘(B) to the extent that amounts remain 

9 available after paying such administrative costs, 

10 to make loans under the program. 

11 ‘‘(4) MAINTENANCE OF RECORDS.—The Sec12 retary shall maintain accurate records of the admin13 istrative costs referred to in paragraph (3)(A). 

14 ‘‘(k) ANNUAL REPORT.—The Secretary, on an an15 nual basis, shall submit to the Committee on Transpor16 tation and Infrastructure of the House of Representatives 

17 and the Committee on Commerce, Science, and Transpor18 tation of the Senate a report on the program, including— 

19 ‘‘(1) the total amount of loans made under the 

20 program in the preceding year; 

21 ‘‘(2) the number of students receiving loans 

22 under the program in the preceding year; and 

23 ‘‘(3) the total amount of loans made under pro24 gram that are in default as of the date of the report. 


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1 ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated for each of fiscal years 

3 2010 through 2015— 

4 ‘‘(1) $10,000,000 for making loans under the 

5 program; and 

6 ‘‘(2) $1,000,000 for administrative expenses of 

7 the Secretary in carrying out the program. 

8 ‘‘§ 51706. Maritime recruitment, training, and reten9 tion grant program 

10 ‘‘(a) STRATEGIC PLAN.— 

11 ‘‘(1) IN GENERAL.—Not later than one year 

12 after the date of enactment of this section, and at 

13 least once every 3 years thereafter, the Secretary of 

14 Transportation, acting through the Administrator of 

15 the Maritime Administration, shall publish in the 

16 Federal Register a plan that describes the dem17 onstration, research, and multistate project priorities 

18 of the Department of Transportation concerning 

19 merchant mariner recruitment, training, and reten20 tion for the 3-year period following the date of publi21 cation of the plan. 

22 ‘‘(2) CONTENTS.—A plan published under para23 graph (1) shall contain strategies and identify poten24 tial projects to address merchant mariner recruitVerDate Nov 24 2008 03:59 Sep 23, 2009 Jkt 079200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 E:\BILLS\H3619.IH H3619

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1 ment, training, and retention issues in the United 

2 States. 

3 ‘‘(3) FACTORS.—In developing a plan under 

4 paragraph (1), the Secretary shall take into account, 

5 at a minimum— 

6 ‘‘(A) the availability of existing research 

7 (as of the date of publication of the plan); 

8 ‘‘(B) the need to ensure results that have 

9 broad applicability; 

10 ‘‘(C) the benefits of economies of scale and 

11 the efficiency of potential projects; and 

12 ‘‘(D) the likelihood that the results of po13 tential projects will be useful to policymakers 

14 and stakeholders in addressing merchant mar15 iner recruitment, training, and retention issues. 

16 ‘‘(4) CONSULTATION.—In developing a plan 

17 under paragraph (1), the Secretary shall consult 

18 with representatives of the maritime industry, labor 

19 organizations, and other governmental entities and 

20 parties with an interest in the maritime industry. 

21 ‘‘(5) TRANSMITTAL TO CONGRESS.—The Sec22 retary shall transmit copies of a plan published 

23 under paragraph (1) to the Committee on Transpor24 tation and Infrastructure of the House of RepresentVerDate Nov 24 2008 03:59 Sep 23, 2009 Jkt 079200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 E:\BILLS\H3619.IH H3619

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1 atives and the Committee on Commerce, Science, 

2 and Transportation of the Senate. 

3 ‘‘(b) DEMONSTRATION PROJECTS.— 

4 ‘‘(1) IN GENERAL.—The Secretary may award 

5 grants to a maritime training institution to carry 

6 out demonstration projects that implement the prior7 ities identified in the plan prepared under subsection 

8 (a)(1), for the purpose of developing and imple9 menting methods to address merchant mariner re10 cruitment, training, and retention issues. 

11 ‘‘(2) GRANT AWARDS.—Grants shall be awarded 

12 under this subsection on a competitive basis under 

13 guidelines and requirements to be established by the 

14 Secretary. 

15 ‘‘(3) APPLICATIONS.—To be eligible to receive a 

16 grant for a project under this subsection, a maritime 

17 training institution shall submit to the Secretary a 

18 grant proposal that includes, at a minimum— 

19 ‘‘(A) information demonstrating the esti20 mated effectiveness of the project; and 

21 ‘‘(B) a method for evaluating the effective22 ness of the project. 

23 ‘‘(4) ELIGIBLE PROJECTS.—Projects eligible for 

24 grants under this subsection may include— 


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1 ‘‘(A) the establishment of maritime tech2 nology skill centers developed through local 

3 partnerships of industry, labor, education, com4 munity-based organizations, economic develop5 ment organizations, or Federal, State, and local 

6 government agencies to meet unmet skills needs 

7 of the maritime industry; 

8 ‘‘(B) projects that provide training to up9 grade the skills of workers who are employed in 

10 the maritime industry; 

11 ‘‘(C) projects that promote the use of dis12 tance learning, enabling students to take 

13 courses through the use of media technology, 

14 such as videos, teleconferencing, and the Inter15 net; 

16 ‘‘(D) projects that assist in providing serv17 ices to address maritime recruitment and train18 ing of youth residing in targeted high poverty 

19 areas within empowerment zones and enterprise 

20 communities; 

21 ‘‘(E) the establishment of partnerships 

22 with national and regional organizations with 

23 special expertise in developing, organizing, and 

24 administering merchant mariner recruitment 

25 and training services; and 


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1 ‘‘(F) the establishment of maritime train2 ing programs that foster technical skills and 

3 operational productivity in communities in 

4 which economies are related to or dependent 

5 upon the maritime industry. 

6 ‘‘(c) PROJECTS AUTHORIZED.— 

7 ‘‘(1) PROJECTS.—The Secretary may award 

8 grants to carry out projects identified in a plan pub9 lished under subsection (a)(1) under which the 

10 project sponsor will— 

11 ‘‘(A) design, develop, and test an array of 

12 approaches to providing recruitment, training, 

13 or retention services to one or more targeted 

14 populations; 

15 ‘‘(B) in conjunction with employers, orga16 nized labor, other groups (such as community 

17 coalitions), and Federal, State, or local agen18 cies, design, develop, and test various training 

19 approaches in order to determine effective prac20 tices; or 

21 ‘‘(C) assist in the development and replica22 tion of effective service delivery strategies for 

23 the national maritime industry as a whole. 

24 ‘‘(2) RESEARCH PROJECTS.—The Secretary 

25 may award grants to carry out research projects 


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1 identified in a plan published under subsection 

2 (a)(1) that will contribute to the solution of mari3 time industry recruitment, training, and retention 

4 issues in the United States. 

5 ‘‘(3) MULTISTATE OR REGIONAL PROJECTS.— 

6 The Secretary may award grants to carry out 

7 multistate or regional projects identified in a plan 

8 published under subsection (a)(1) to effectively dis9 seminate best practices and models for implementing 

10 maritime recruitment, training, and retention serv11 ices designed to address industry-wide skill short12 ages. 

13 ‘‘(4) GRANT AWARDS.—Grants shall be awarded 

14 under this subsection on a competitive basis under 

15 guidelines and requirements to be established by the 

16 Secretary. 

17 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated for each of fiscal years 

19 2010 through 2015— 

20 ‘‘(1) $10,000,000 for making grants under this 

21 section; and 

22 ‘‘(2) $1,000,000 for administrative expenses of 

23 the Secretary in carrying out this section.’’. 


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1 (b) CONFORMING AMENDMENT.—The analysis for 

2 such chapter is amended by adding at the end the fol3 lowing: 

‘‘51705. Maritime career training loan program. 

‘‘51706. Maritime recruitment, training, and retention grant program.’’. 

4 TITLE VII—COAST GUARD 

5 MODERNIZATION 

6 SEC. 701. SHORT TITLE. 

7 This title may be cited as the ‘‘Coast Guard Mod8 ernization Act of 2009’’. 

9 Subtitle A—Coast Guard 

10 Leadership 

11 SEC. 711. ADMIRALS AND VICE ADMIRALS. 

12 (a) ADMIRALS.—Section 41 of title 14, United States 

13 Code, is amended by striking ‘‘an admiral,’’ and inserting 

14 ‘‘admirals;’’. 

15 (b) VICE COMMANDANT.—Section 47 of title 14, 

16 United States Code, is amended— 

17 (1) in the section heading by striking ‘‘ASSIGN18 MENT’’ and inserting ‘‘APPOINTMENT’’; and 

19 (2) in the text by striking ‘‘vice admiral’’ and 

20 inserting ‘‘admiral’’. 

21 (c) VICE ADMIRALS.— 

22 (1) IN GENERAL.—Section 50 of title 14, 

23 United States Code, is amended to read as follows: 


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1 ‘‘§ 50. Vice admirals 

2 ‘‘(a)(1) The President may designate 4 positions of 

3 importance and responsibility that shall be held by officers 

4 who— 

5 ‘‘(A) while so serving, shall have the grade of 

6 vice admiral, with the pay and allowances of that 

7 grade; and 

8 ‘‘(B) shall perform any duties as the Com9 mandant may prescribe. 

10 ‘‘(2) The 4 vice admiral positions authorized under 

11 paragraph (1) are, respectively, the following: 

12 ‘‘(A) The Deputy Commandant for Mission 

13 Support. 

14 ‘‘(B) The Deputy Commandant for Operations 

15 and Policy. 

16 ‘‘(C) The Commander, Force Readiness Com17 mand. 

18 ‘‘(D) The Commander, Operations Command. 

19 ‘‘(3) The President may appoint, by and with the ad20 vice and consent of the Senate, and reappoint, by and with 

21 the advice and consent of the Senate, to each of the posi22 tions designated under paragraph (1) an officer of the 

23 Coast Guard who is serving on active duty above the grade 

24 of captain. The Commandant shall make recommendations 

25 for those appointments. 


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1 ‘‘(4)(A) Except as provided in subparagraph (B), the 

2 Deputy Commandant for Operations and Policy must have 

3 at least 10 years experience in vessel inspection, marine 

4 casualty investigations, mariner licensing, or an equivalent 

5 technical expertise in the design and construction of com6 mercial vessels, with at least 4 years of leadership experi7 ence at a staff or unit carrying out marine safety func8 tions. 

9 ‘‘(B) The requirements of subparagraph (A) do not 

10 apply to such Deputy Commandant if the subordinate offi11 cer serving in the grade of rear admiral with responsibil12 ities for marine safety, security, and stewardship possesses 

13 that experience. 

14 ‘‘(b)(1) The appointment and the grade of vice admi15 ral under this section shall be effective on the date the 

16 officer assumes that duty and, except as provided in para17 graph (2) of this subsection or in section 51(d) of this 

18 title, shall terminate on the date the officer is detached 

19 from that duty. 

20 ‘‘(2) An officer who is appointed to a position des21 ignated under subsection (a) shall continue to hold the 

22 grade of vice admiral— 

23 ‘‘(A) while under orders transferring the officer 

24 to another position designated under subsection (a), 

25 beginning on the date the officer is detached from 


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1 duty and terminating on the date before the day the 

2 officer assumes the subsequent duty, but not for 

3 more than 60 days; 

4 ‘‘(B) while hospitalized, beginning on the day of 

5 the hospitalization and ending on the day the officer 

6 is discharged from the hospital, but not for more 

7 than 180 days; and 

8 ‘‘(C) while awaiting retirement, beginning on 

9 the date the officer is detached from duty and end10 ing on the day before the officer’s retirement, but 

11 not for more than 60 days. 

12 ‘‘(c)(1) An appointment of an officer under sub13 section (a) does not vacate the permanent grade held by 

14 the officer. 

15 ‘‘(2) An officer serving in a grade above rear admiral 

16 who holds the permanent grade of rear admiral (lower 

17 half) shall be considered for promotion to the permanent 

18 grade of rear admiral as if the officer was serving in the 

19 officer’s permanent grade. 

20 ‘‘(d) Whenever a vacancy occurs in a position des21 ignated under subsection (a), the Commandant shall in22 form the President of the qualifications needed by an offi23 cer serving in that position to carry out effectively the du24 ties and responsibilities of that position.’’. 


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1 (2) APPLICATION OF DEPUTY COMMANDANT

2 QUALIFICATION REQUIREMENT.—The requirement 

3 under section 50(a)(4)(A) of title 14, United States 

4 Code, as amended by this subsection, shall apply on 

5 and after October 1, 2011. 

6 (d) REPEAL.—Section 50a of title 14, United States 

7 Code, is repealed. 

8 (e) CONFORMING AMENDMENT.—Section 51 of that 

9 title is amended— 

10 (1) by amending subsections (a), (b), and (c) to 

11 read as follows: 

12 ‘‘(a) An officer, other than the Commandant, who, 

13 while serving in the grade of admiral or vice admiral, is 

14 retired for physical disability shall be placed on the retired 

15 list with the highest grade in which that officer served. 

16 ‘‘(b) An officer, other than the Commandant, who is 

17 retired while serving in the grade of admiral or vice admi18 ral, or who, after serving at least two and one-half years 

19 in the grade of admiral or vice admiral, is retired while 

20 serving in a lower grade, may in the discretion of the 

21 President, be retired with the highest grade in which that 

22 officer served. 

23 ‘‘(c) An officer, other than the Commandant, who, 

24 after serving less than two and one-half years in the grade 


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1 of admiral or vice admiral, is retired while serving in a 

2 lower grade, shall be retired in his permanent grade.’’; and 

3 (2) in subsection (d)(2) by striking ‘‘Area Com4 mander, or Chief of Staff’’ and inserting ‘‘or Vice 

5 Admirals’’. 

6 (f) CONTINUITY OF GRADE.—Section 52 of title 14, 

7 United States Code, is amended— 

8 (1) in the section heading by inserting ‘‘and 

9 admirals’’ after ‘‘Vice admirals’’; and 

10 (2) in the text by inserting ‘‘or admiral’’ after 

11 ‘‘vice admiral’’ the first time that term appears. 

12 (g) CONTINUATION ON ACTIVE DUTY.—The second 

13 sentence of section 290(a) of title 14, United States Code, 

14 is amended to read as follows: ‘‘Officers, other than the 

15 Commandant, serving for the time being or who have 

16 served in the grade of vice admiral or admiral are not sub17 ject to consideration for continuation under this sub18 section, and as to all other provisions of this section shall 

19 be considered as having been continued in the grade of 

20 rear admiral.’’. 

21 (h) TREATMENT OF INCUMBENTS; TRANSITION.— 

22 (1) VICE COMMANDANT.—Notwithstanding any 

23 other provision of law, the officer who, on the date 

24 of enactment of this Act, is serving in the Coast 

25 Guard as Vice Commandant— 


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1 (A) shall continue to serve as Vice Com2 mandant; 

3 (B) shall have the grade of admiral with 

4 pay and allowances of that grade; and 

5 (C) shall not be required to be reappointed 

6 by reason of the enactment of this Act. 

7 (2) CHIEF OF STAFF, COMMANDER, ATLANTIC

8 AREA, OR COMMANDER, PACIFIC AREA.—Notwith9 standing any other provision of law, an officer who, 

10 on the date of enactment of this Act, is serving in 

11 the Coast Guard as Chief of Staff, Commander, At12 lantic Area, or Commander, Pacific Area— 

13 (A) shall continue to have the grade of vice 

14 admiral with pay and allowance of that grade 

15 until such time that the officer is relieved of his 

16 or her duties and appointed and confirmed to 

17 another position as a vice admiral or admiral; 

18 and 

19 (B) for the purposes of transition, may 

20 continue, for not more than one year after the 

21 date of enactment of this Act, to perform the 

22 duties of the officer’s former position and any 

23 other such duties that the Commandant pre24 scribes. 

25 (i) CLERICAL AMENDMENTS.— 


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1 (1) The table of sections at the beginning of 

2 chapter 3 of title 14, United States Code, is amend3 ed— 

4 (A) by striking the item relating to section 

5 47 and inserting the following: 

‘‘47. Vice Commandant; appointment.’’; 

6 (B) by striking the item relating to section 

7 50 and inserting the following: 

‘‘50. Vice admirals.’’; 

8 (C) by striking the item relating to section 

9 50a; and 

10 (D) by striking the item relating to section 

11 52 and inserting the following: 

‘‘52. Vice admirals and admirals, continuity of grade.’’. 

12 (j) TECHNICAL CORRECTION.—Section 47 of title 14, 

13 United States Code, is further amended in the fifth sen14 tence by striking ‘‘subsection’’ and inserting ‘‘section’’. 

15 Subtitle B—Marine Safety 

16 Administration 

17 SEC. 721. MARINE SAFETY. 

18 (a) ESTABLISH MARINE SAFETY AS A COAST GUARD

19 FUNCTION.—Chapter 5 of title 14, United States Code, 

20 is amended by adding at the end the following new section: 

21 ‘‘§ 99. Marine safety 

22 ‘‘To protect life, property, and the environment on, 

23 under, and over waters subject to the jurisdiction of the 


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1 United States and on vessels subject to the jurisdiction 

2 of the United States, the Commandant shall promote mar3 itime safety as follows: 

4 ‘‘(1) By taking actions necessary and in the 

5 public interest to protect such life, property, and the 

6 environment. 

7 ‘‘(2) Based on the following priorities: 

8 ‘‘(A) Preventing marine casualties and 

9 threats to the environment. 

10 ‘‘(B) Minimizing the impacts of marine 

11 casualties and environmental threats. 

12 ‘‘(C) Maximizing lives and property saved 

13 and environment protected in the event of a 

14 marine casualty.’’. 

15 (b) CLERICAL AMENDMENT.—The analysis at the be16 ginning of such chapter is amended by adding at the end 

17 the following new item: 

‘‘99. Marine safety.’’. 

18 SEC. 722. MARINE SAFETY STAFF. 

19 (a) IN GENERAL.—Chapter 3 of title 14, United 

20 States Code, is amended by adding at the end the fol21 lowing new sections: 

22 ‘‘§ 55. Marine safety workforce 

23 ‘‘(a) DESIGNATION OF MARINE SAFETY WORK24 FORCE.— 


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1 ‘‘(1) IN GENERAL.—The Secretary, acting 

2 through the Commandant, shall designate those po3 sitions in the Coast Guard that constitute the ma4 rine safety workforce. 

5 ‘‘(2) REQUIRED POSITIONS.—In designating po6 sitions under paragraph (1), the Secretary shall in7 clude, at a minimum, the following marine safety-re8 lated positions: 

9 ‘‘(A) Program oversight. 

10 ‘‘(B) Vessel and facility inspection. 

11 ‘‘(C) Casualty investigation. 

12 ‘‘(D) Pollution investigation. 

13 ‘‘(E) Merchant Mariner licensing, docu14 mentation, and registry. 

15 ‘‘(F) Marine safety engineering or other 

16 technical activities. 

17 ‘‘(3) MARINE SAFETY MANAGEMENT HEAD18 QUARTER ACTIVITIES.—The Secretary shall also des19 ignate under paragraph (1) those marine safety-re20 lated positions located at Coast Guard headquarters 

21 units, including the Marine Safety Center and the 

22 National Maritime Center. 

23 ‘‘(b) CAREER PATHS.—The Secretary, acting 

24 through the Commandant, shall ensure that appropriate 

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1 sonnel who wish to pursue careers in marine safety are 

2 identified in terms of the education, training, experience, 

3 and assignments necessary for career progression of civil4 ians and members of the Armed Forces to the most senior 

5 marine safety positions. The Secretary shall make avail6 able published information on such career paths. 

7 ‘‘(c) QUALIFICATIONS.—With regard to the marine 

8 safety workforce, an officer, member, or civilian employee 

9 of the Coast Guard assigned as a— 

10 ‘‘(1) marine inspector shall have the training, 

11 experience, and qualifications equivalent to that re12 quired for a similar position at a classification soci13 ety recognized by the Secretary under section 3316 

14 of title 46 for the type of vessel, system, or equip15 ment that is inspected; 

16 ‘‘(2) marine casualty investigator shall have 

17 training, experience, and qualifications in investiga18 tion, marine casualty reconstruction, evidence collec19 tion and preservation, human factors, and docu20 mentation using best investigation practices by Fed21 eral and non-Federal entities; or 

22 ‘‘(3) marine safety engineer shall have knowl23 edge, skill, and practical experience in— 

24 ‘‘(A) the construction and operation of 

25 commercial vessels; 


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1 ‘‘(B) judging the character, strength, sta2 bility, and safety qualities of such vessels and 

3 their equipment; or 

4 ‘‘(C) the qualifications and training of ves5 sel personnel. 

6 ‘‘(d) APPRENTICESHIP REQUIREMENT.—Any officer, 

7 member, or employee of the Coast Guard in training to 

8 become a marine inspector, marine casualty investigator, 

9 or a marine safety engineer shall serve a minimum of one10 year apprenticeship, unless otherwise directed by the Com11 mandant, under the guidance of a qualified marine inspec12 tor, marine casualty investigator, or marine safety engi13 neer. The Commandant may authorize shorter apprentice14 ship periods for certain qualifications, as appropriate. 

15 ‘‘(e) BALANCED WORKFORCE POLICY.—In the devel16 opment of marine safety workforce policies under this sec17 tion with respect to any civilian employees or applicants 

18 for employment with the Coast Guard, the Secretary shall, 

19 consistent with the merit system principles set out in para20 graphs (1) and (2) of section 2301(b) of title 5, take into 

21 consideration the need to maintain a balanced workforce 

22 in which women and members of racial and ethnic minor23 ity groups are appropriately represented in Government 

24 service. 


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1 ‘‘(f) MANAGEMENT INFORMATION SYSTEM.—The 

2 Secretary, acting through the Commandant, shall estab3 lish a management information system for the marine 

4 safety workforce that shall provide, at a minimum, the fol5 lowing standardized information on persons serving in ma6 rine safety positions: 

7 ‘‘(1) Qualifications, assignment history, and 

8 tenure in assignments of persons in the marine safe9 ty workforce. 

10 ‘‘(2) Promotion rates for military and civilian 

11 personnel in the marine safety workforce. 

12 ‘‘(g) ASSESSMENT OF ADEQUACY OF MARINE SAFE13 TY WORKFORCE.— 

14 ‘‘(1) REPORT.—The Secretary, acting through 

15 the Commandant, shall report to the Committee on 

16 Transportation and Infrastructure of the House of 

17 Representatives and the Committee on Commerce, 

18 Science, and Transportation of the Senate by De19 cember 1 of each year on the adequacy of the cur20 rent marine safety workforce to meet that antici21 pated workload. 

22 ‘‘(2) CONTENTS.—The report shall specify the 

23 number of civilian and military Coast Guard per24 sonnel currently assigned to marine safety positions 


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1 and shall identify positions that are understaffed to 

2 meet the anticipated marine safety workload. 

3 ‘‘(h) SECTOR CHIEF OF MARINE SAFETY.— 

4 ‘‘(1) IN GENERAL.—There shall be in each 

5 Coast Guard sector a Chief of Marine Safety who 

6 shall be at least a Lieutenant Commander or civilian 

7 employee within the grade GS–13 of the General 

8 Schedule, and who shall be a— 

9 ‘‘(A) marine inspector, qualified to inspect 

10 vessels, vessel systems, and equipment com11 monly found in the sector; and 

12 ‘‘(B) qualified marine casualty investi13 gator. 

14 ‘‘(2) FUNCTIONS.—The Chief of Marine Safety 

15 for a sector— 

16 ‘‘(A) is responsible for all individuals who, 

17 on behalf of the Coast Guard, inspect or exam18 ine vessels, conduct marine casualty investiga19 tions; and 

20 ‘‘(B) if not the Coast Guard officer in 

21 command of that sector, is the principal advisor 

22 to the Sector Commander regarding marine 

23 safety matters in that sector. 

24 ‘‘(i) SIGNATORIES OF LETTER OF QUALIFICATION.— 

25 Each individual signing a letter of qualification for marine 


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1 safety personnel must hold a letter of qualification for the 

2 type being certified. 

3 ‘‘§ 56. Centers of Expertise for Marine Safety 

4 ‘‘(a) ESTABLISHMENT.—The Commandant of the 

5 Coast Guard may establish and operate one or more Cen6 ters of Expertise for Marine Safety (in this section re7 ferred to as a ‘Center’). 

8 ‘‘(b) MISSIONS.—The Centers shall— 

9 ‘‘(1) be used to provide and facilitate education, 

10 training, and research in marine safety including 

11 vessel inspection and causality investigation; 

12 ‘‘(2) develop a repository of information on ma13 rine safety; and 

14 ‘‘(3) perform any other missions as the Com15 mandant may specify. 

16 ‘‘(c) JOINT OPERATION WITH EDUCATIONAL INSTI17 TUTION AUTHORIZED.—The Commandant may enter into 

18 an agreement with an appropriate official of an institution 

19 of higher education to— 

20 ‘‘(1) provide for joint operation of a Center; 

21 and 

22 ‘‘(2) provide necessary administrative services 

23 for a Center, including administration and allocation 

24 of funds. 


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1 ‘‘(d) ACCEPTANCE OF DONATIONS.—(1) Except as 

2 provided in paragraph (2), the Commandant may accept, 

3 on behalf of a Center, donations to be used to defray the 

4 costs of the Center or to enhance the operation of the Cen5 ter. Those donations may be accepted from any State or 

6 local government, any foreign government, any foundation 

7 or other charitable organization (including any that is or8 ganized or operates under the laws of a foreign country), 

9 or any individual. 

10 ‘‘(2) The Commandant may not accept a donation 

11 under paragraph (1) if the acceptance of the donation 

12 would compromise or appear to compromise— 

13 ‘‘(A) the ability of the Coast Guard or the de14 partment in which the Coast Guard is operating, any 

15 employee of the Coast Guard or the department, or 

16 any member of the Armed Forces to carry out any 

17 responsibility or duty in a fair and objective manner; 

18 or 

19 ‘‘(B) the integrity of any program of the Coast 

20 Guard, the department in which the Coast Guard is 

21 operating, or of any person involved in such a pro22 gram. 

23 ‘‘(3) The Commandant shall prescribe written guid24 ance setting forth the criteria to be used in determining 


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1 whether or not the acceptance of a donation from a foreign 

2 source would have a result described in paragraph (2). 

3 ‘‘§ 57. Marine industry training program 

4 ‘‘(a) IN GENERAL.—The Commandant shall, by pol5 icy, establish a program under which an officer, member, 

6 or employee of the Coast Guard may be assigned to a pri7 vate entity to further the institutional interests of the 

8 Coast Guard with regard to marine safety, including for 

9 the purpose of providing training to an officer, member, 

10 or employee. Policies to carry out the program— 

11 ‘‘(1) with regard to an employee of the Coast 

12 Guard, shall include provisions, consistent with sec13 tions 3702 through 3704 of title 5, as to matters 

14 concerning— 

15 ‘‘(A) the duration and termination of as16 signments; 

17 ‘‘(B) reimbursements; and 

18 ‘‘(C) status, entitlements, benefits, and ob19 ligations of program participants; and 

20 ‘‘(2) shall require the Commandant, before ap21 proving the assignment of an officer, member, or 

22 employee of the Coast Guard to a private entity, to 

23 determine that the assignment is an effective use of 

24 the Coast Guard’s funds, taking into account the 

25 best interests of the Coast Guard and the costs and 


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1 benefits of alternative methods of achieving the same 

2 results and objectives. 

3 ‘‘(b) ANNUAL REPORT.—Not later than the date of 

4 the submission each year of the President’s budget request 

5 under section 1105 of title 31, the Commandant shall sub6 mit to the Committee on Transportation and Infrastruc7 ture of the House of Representatives and the Committee 

8 on Commerce, Science, and Transportation of the Senate 

9 a report that describes— 

10 ‘‘(1) the number of officers, members, and em11 ployees of the Coast Guard assigned to private enti12 ties under this section; and 

13 ‘‘(2) the specific benefit that accrues to the 

14 Coast Guard for each assignment.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 at the beginning of such chapter is amended by adding 

17 at the end the following new items: 

‘‘55. Marine safety workforce. 

‘‘56. Centers of Expertise for Marine Safety. 

‘‘57. Marine industry training program.’’. 

18 SEC. 723. MARINE SAFETY MISSION PRIORITIES AND LONG19 TERM GOALS. 

20 (a) IN GENERAL.—Chapter 21 of title 46, United 

21 States Code, is amended by adding at the end the fol22 lowing new section: 


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1 ‘‘§ 2116. Marine safety strategy, goals, and perform2 ance assessments 

3 ‘‘(a) LONG-TERM STRATEGY AND GOALS.—In con4 junction with existing federally required strategic planning 

5 efforts, the Secretary shall develop a long-term strategy 

6 for improving vessel safety and the safety of individuals 

7 on vessels. The strategy shall include the issuance each 

8 year of an annual plan and schedule for achieving the fol9 lowing goals: 

10 ‘‘(1) Reducing the number and rates of marine 

11 casualties. 

12 ‘‘(2) Improving the consistency and effective13 ness of vessel and operator enforcement and compli14 ance programs. 

15 ‘‘(3) Identifying and targeting enforcement ef16 forts at high-risk vessels and operators. 

17 ‘‘(4) Improving research efforts to enhance and 

18 promote vessel and operator safety and performance. 

19 ‘‘(b) CONTENTS OF STRATEGY AND ANNUAL

20 PLANS.— 

21 ‘‘(1) MEASURABLE GOALS.—The strategy and 

22 annual plans shall include specific numeric or meas23 urable goals designed to achieve the goals set forth 

24 in subsection (a). The purposes of the numeric or 

25 measurable goals are the following: 


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1 ‘‘(A) To increase the number of safety ex2 aminations on all high-risk vessels. 

3 ‘‘(B) To eliminate the backlog of marine 

4 safety-related rulemakings. 

5 ‘‘(C) To improve the quality and effective6 ness of marine safety information databases by 

7 ensuring that all Coast Guard personnel accu8 rately and effectively report all safety, casualty, 

9 and injury information. 

10 ‘‘(D) To provide for a sufficient number of 

11 Coast Guard marine safety personnel, and pro12 vide adequate facilities and equipment to carry 

13 out the functions referred to in section 93(c). 

14 ‘‘(2) RESOURCE NEEDS.—The strategy and an15 nual plans shall include estimates of— 

16 ‘‘(A) the funds and staff resources needed 

17 to accomplish each activity included in the 

18 strategy and plans; and 

19 ‘‘(B) the staff skills and training needed 

20 for timely and effective accomplishment of each 

21 goal. 

22 ‘‘(c) SUBMISSION WITH THE PRESIDENT’S BUDG23 ET.—Beginning with fiscal year 2011 and each fiscal year 

24 thereafter, the Secretary shall submit to Congress the 

25 strategy and annual plan not later than 60 days following 


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1 the transmission of the President’s budget submission 

2 under section 1105 of title 31. 

3 ‘‘(d) ACHIEVEMENT OF GOALS.— 

4 ‘‘(1) PROGRESS ASSESSMENT.—No less fre5 quently than semiannually, the Coast Guard Com6 mandant and the Assistant Commandant for Marine 

7 Safety shall jointly assess the progress of the Coast 

8 Guard toward achieving the goals set forth in sub9 section (b). The Commandant and the Assistant 

10 Commandant shall jointly convey their assessment to 

11 the employees of the Assistant Commandant and 

12 shall identify any deficiencies that should be rem13 edied before the next progress assessment. 

14 ‘‘(2) REPORT TO CONGRESS.—The Secretary 

15 shall report annually to the Committee on Transpor16 tation and Infrastructure of the House of Represent17 atives and the Committee on Commerce, Science, 

18 and Transportation of the Senate— 

19 ‘‘(A) on the performance of the marine 

20 safety program in achieving the goals of the 

21 marine safety strategy and annual plan under 

22 subsection (a) for the year covered by the re23 port; 


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1 ‘‘(B) on the program’s mission perform2 ance in achieving numerical measurable goals 

3 established under subsection (b); and 

4 ‘‘(C) recommendations on how to improve 

5 performance of the program.’’. 

6 (b) CLERICAL AMENDMENT.—The analysis for such 

7 chapter is amended by adding at the end the following 

8 new item: 

‘‘2116. Marine safety strategy, goals, and performance assessments.’’. 

9 (c) CERTIFICATES OF INSPECTION.—Section 3309 of 

10 title 46, United States Code, is amended by adding at the 

11 end the following: 

12 ‘‘(d) A certificate of inspection issued under this sec13 tion shall be signed by the senior Coast Guard member 

14 or civilian employee who inspected the vessel, in addition 

15 to the officer in charge of marine inspection.’’. 

16 SEC. 724. POWERS AND DUTIES. 

17 Section 93 of title 14, United States Code, is amend18 ed by adding at the end the following new subsections: 

19 ‘‘(c) MARINE SAFETY RESPONSIBILITIES.—In exer20 cising the Commandant’s duties and responsibilities with 

21 regard to marine safety, the individual with the highest 

22 rank who meets the experience qualifications set forth in 

23 section 50(a)(4) shall serve as the principal advisor to the 

24 Commandant regarding— 


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1 ‘‘(1) the operation, regulation, inspection, iden2 tification, manning, and measurement of vessels, in3 cluding plan approval and the application of load 

4 lines; 

5 ‘‘(2) approval of materials, equipment, appli6 ances, and associated equipment; 

7 ‘‘(3) the reporting and investigation of marine 

8 casualties and accidents; 

9 ‘‘(4) the licensing, certification, documentation, 

10 protection and relief of merchant seamen; 

11 ‘‘(5) suspension and revocation of licenses and 

12 certificates; 

13 ‘‘(6) enforcement of manning requirements, citi14 zenship requirements, control of log books; 

15 ‘‘(7) documentation and numbering of vessels; 

16 ‘‘(8) State boating safety programs; 

17 ‘‘(9) commercial instruments and maritime 

18 liens; 

19 ‘‘(10) the administration of bridge safety; 

20 ‘‘(11) administration of the navigation rules; 

21 ‘‘(12) the prevention of pollution from vessels; 

22 ‘‘(13) ports and waterways safety; 

23 ‘‘(14) waterways management; including regula24 tion for regattas and marine parades; 

25 ‘‘(15) aids to navigation; and 


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1 ‘‘(16) other duties and powers of the Secretary 

2 related to marine safety and stewardship. 

3 ‘‘(d) OTHER AUTHORITY NOT AFFECTED.—Nothing 

4 in subsection (c) affects— 

5 ‘‘(1) the authority of Coast Guard officers and 

6 members to enforce marine safety regulations using 

7 authority under section 89 of this title; or 

8 ‘‘(2) the exercise of authority under section 91 

9 of this title and the provisions of law codified at sec10 tions 191 through 195 of title 50 on the date of en11 actment of this paragraph.’’. 

12 SEC. 725. APPEALS AND WAIVERS. 

13 (a) IN GENERAL.—Chapter 5 of title 14, United 

14 States Code, is further amended by inserting at the end 

15 the following new section: 

16 ‘‘§ 102. Appeals and waivers 

17 ‘‘Except for the Commandant of the Coast Guard, 

18 any individual adjudicating an appeal or waiver of a deci19 sion regarding marine safety, including inspection or man20 ning and threats to the environment, shall— 

21 ‘‘(1) be a qualified specialist with the training, 

22 experience, and qualifications in marine safety to ef23 fectively judge the facts and circumstances involved 

24 in the appeal and make a judgment regarding the 

25 merits of the appeal; or 


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1 ‘‘(2) have a senior staff member who— 

2 ‘‘(A) meets the requirements of paragraph 

3 (1); 

4 ‘‘(B) actively advises the individual adjudi5 cating the appeal; and 

6 ‘‘(C) concurs in writing on the decision on 

7 appeal.’’. 

8 (b) CLERICAL AMENDMENT.—The analysis for such 

9 chapter is further amended by adding at the end the fol10 lowing new item: 

‘‘102. Appeals and waivers.’’. 

11 SEC. 726. COAST GUARD ACADEMY. 

12 (a) IN GENERAL.—Chapter 9 of title 14, United 

13 States Code, is amended by adding at the end the fol14 lowing new section: 

15 ‘‘§ 199. Marine safety curriculum 

16 ‘‘The Commandant of the Coast Guard shall ensure 

17 that professional courses of study in marine safety are 

18 provided at the Coast Guard Academy, and during other 

19 officer accession programs, to give Coast Guard cadets 

20 and other officer candidates a background and under21 standing of the marine safety program. These courses may 

22 include such topics as program history, vessel design and 

23 construction, vessel inspection, casualty investigation, and 

24 administrative law and regulations.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for such 

2 chapter is further amended by adding at the end the fol3 lowing new item: 

‘‘199. Marine safety curriculum.’’. 

4 SEC. 727. REPORT REGARDING CIVILIAN MARINE INSPEC5 TORS. 

6 Not later than one year after the date of enactment 

7 of this Act, the Commandant of the Coast Guard shall 

8 submit to the Committee on Transportation and Infra9 structure of the House of Representatives and the Com10 mittee on Commerce, Science, and Transportation of the 

11 Senate a report on Coast Guard’s efforts to recruit and 

12 retain civilian marine inspectors and investigators and the 

13 impact of such recruitment and retention efforts on Coast 

14 Guard organizational performance. 

15 TITLE VIII—MARINE SAFETY 

16 SEC. 801. SHORT TITLE. 

17 This title may be cited as the ‘‘Maritime Safety Act 

18 of 2009’’. 

19 SEC. 802. VESSEL SIZE LIMITS. 

20 (a) LENGTH, TONNAGE, AND HORSEPOWER.—Sec21 tion 12113(d)(2) of title 46, United States Code, is 

22 amended— 

23 (1) by inserting ‘‘and’’ after the semicolon at 

24 the end of subparagraph (A)(i); 


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1 (2) by striking ‘‘and’’ at the end of subpara2 graph (A)(ii); 

3 (3) by striking subparagraph (A)(iii); 

4 (4) by striking the period at the end of sub5 paragraph (B) and inserting ‘‘; or’’; and 

6 (5) by inserting at the end the following: 

7 ‘‘(C) the vessel is either a rebuilt vessel or 

8 a replacement vessel under section 208(g) of 

9 the American Fisheries Act (title II of division 

10 C of Public Law 105–277; 112 Stat. 2681– 

11 627) and is eligible for a fishery endorsement 

12 under this section.’’. 

13 (b) CONFORMING AMENDMENTS.— 

14 (1) VESSEL REBUILDING AND REPLACE15 MENT.—Section 208(g) of the American Fisheries 

16 Act (title II of division C of Public Law 105–277; 

17 112 Stat. 2681–627) is amended to read as follows: 

18 ‘‘(g) VESSEL REBUILDING AND REPLACEMENT.— 

19 ‘‘(1) IN GENERAL.— 

20 ‘‘(A) REBUILD OR REPLACE.—Notwith21 standing any limitation to the contrary on re22 placing, rebuilding, or lengthening vessels or 

23 transferring permits or licenses to a replace24 ment vessel contained in sections 679.2 and 

25 679.4 of title 50, Code of Federal Regulations, 


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1 as in effect on the date of enactment of the 

2 Maritime Safety Act of 2009 and except as pro3 vided in paragraph (4), the owner of a vessel el4 igible under subsection (a), (b), (c), (d), or (e) 

5 (other than paragraph (21)), in order to im6 prove vessel safety and operational efficiencies 

7 (including fuel efficiency), may rebuild or re8 place that vessel (including fuel efficiency) with 

9 a vessel documented with a fishery endorsement 

10 under section 12113 of title 46, United States 

11 Code. 

12 ‘‘(B) SAME REQUIREMENTS.—The rebuilt 

13 or replacement vessel shall be eligible in the 

14 same manner and subject to the same restric15 tions and limitations under such subsection as 

16 the vessel being rebuilt or replaced. 

17 ‘‘(C) TRANSFER OF PERMITS AND LI18 CENSES.—Each fishing permit and license held 

19 by the owner of a vessel or vessels to be rebuilt 

20 or replaced under subparagraph (A) shall be 

21 transferred to the rebuilt or replacement vessel. 

22 ‘‘(2) RECOMMENDATIONS OF NORTH PACIFIC

23 FISHERY MANAGEMENT COUNCIL.—The North Pa24 cific Fishery Management Council may recommend 

25 for approval by the Secretary such conservation and 


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1 management measures, including size limits and 

2 measures to control fishing capacity, in accordance 

3 with the Magnuson-Stevens Act as it considers nec4 essary to ensure that this subsection does not dimin5 ish the effectiveness of fishery management plans of 

6 the Bering Sea and Aleutian Islands Management 

7 Area or the Gulf of Alaska. 

8 ‘‘(3) SPECIAL RULE FOR REPLACEMENT OF

9 CERTAIN VESSELS.— 

10 ‘‘(A) IN GENERAL.—Notwithstanding the 

11 requirements of subsections (b)(2), (c)(1), and 

12 (c)(2) of section 12113 of title 46, United 

13 States Code, a vessel that is eligible under sub14 section (a), (b), (c), (d), or (e) (other than 

15 paragraph (21)) and that qualifies to be docu16 mented with a fishery endorsement pursuant to 

17 section 203(g) or 213(g) may be replaced with 

18 a replacement vessel under paragraph (1) if the 

19 vessel that is replaced is validly documented 

20 with a fishery endorsement pursuant to section 

21 203(g) or 213(g) before the replacement vessel 

22 is documented with a fishery endorsement 

23 under section 12113 of title 46, United States 

24 Code. 


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1 ‘‘(B) APPLICABILITY.—A replacement ves2 sel under subparagraph (A) and its owner and 

3 mortgagee are subject to the same limitations 

4 under section 203(g) or 213(g) that are appli5 cable to the vessel that has been replaced and 

6 its owner and mortgagee. 

7 ‘‘(4) SPECIAL RULES FOR CERTAIN CATCHER

8 VESSELS.— 

9 ‘‘(A) IN GENERAL.—A replacement for a 

10 covered vessel described in subparagraph (B) is 

11 prohibited from harvesting fish in any fishery 

12 (except for the Pacific whiting fishery) managed 

13 under the authority of any Regional Fishery 

14 Management Council (other than the North Pa15 cific Fishery Management Council) established 

16 under section 302(a) of the Magnuson-Stevens 

17 Act. 

18 ‘‘(B) COVERED VESSELS.—A covered ves19 sel referred to in subparagraph (A) is— 

20 ‘‘(i) a vessel eligible under subsection 

21 (a), (b), or (c) that is replaced under para22 graph (1); or 

23 ‘‘(ii) a vessel eligible under subsection 

24 (a), (b), or (c) that is rebuilt to increase 


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1 its registered length, gross tonnage, or 

2 shaft horsepower. 

3 ‘‘(5) LIMITATION ON FISHERY ENDORSE4 MENTS.—Any vessel that is replaced under this sub5 section shall thereafter not be eligible for a fishery 

6 endorsement under section 12113 of title 46, United 

7 States Code, unless that vessel is also a replacement 

8 vessel described in paragraph (1). 

9 ‘‘(6) GULF OF ALASKA LIMITATION.—Notwith10 standing paragraph (1), the Secretary shall prohibit 

11 from participation in the groundfish fisheries of the 

12 Gulf of Alaska any vessel that is rebuilt or replaced 

13 under this subsection and that exceeds the maximum 

14 length overall specified on the license that authorizes 

15 fishing for groundfish pursuant to the license limita16 tion program under part 679 of title 50, Code of 

17 Federal Regulations, as in effect on the date of en18 actment of the Maritime Safety Act of 2009. 

19 ‘‘(7) AUTHORITY OF PACIFIC COUNCIL.—Noth20 ing in this section shall be construed to diminish or 

21 otherwise affect the authority of the Pacific Council 

22 to recommend to the Secretary conservation and 

23 management measures to protect fisheries under its 

24 jurisdiction (including the Pacific whiting fishery) 


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1 and participants in such fisheries from adverse im2 pacts caused by this Act.’’. 

3 (2) EXEMPTION OF CERTAIN VESSELS.—Sec4 tion 203(g) of the American Fisheries Act (title II 

5 of division C of Public Law 105–277; 112 Stat. 

6 2681–620) is amended— 

7 (A) by inserting ‘‘and’’ after ‘‘(United 

8 States official number 651041)’’; 

9 (B) by striking ‘‘, NORTHERN TRAV10 ELER (United States official number 635986), 

11 and NORTHERN VOYAGER (United States 

12 official number 637398) (or a replacement ves13 sel for the NORTHERN VOYAGER that com14 plies with paragraphs (2), (5), and (6) of sec15 tion 208(g) of this Act)’’; and 

16 (C) by striking ‘‘, in the case of the 

17 NORTHERN’’ and all that follows through 

18 ‘‘PHOENIX,’’. 

19 (3) FISHERY COOPERATIVE EXIT PROVI20 SIONS.—Section 210(b) of the American Fisheries 

21 Act (title II of division C of Public Law 105–277; 

22 112 Stat. 2681–629) is amended— 

23 (A) by moving the matter beginning with 

24 ‘‘the Secretary shall’’ in paragraph (1) 2 ems to 

25 the right; and 


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1 (B) by adding at the end the following: 

2 ‘‘(7) FISHERY COOPERATIVE EXIT PROVI3 SIONS.— 

4 ‘‘(A) FISHING ALLOWANCE DETERMINA5 TION.—For purposes of determining the aggre6 gate percentage of directed fishing allowances 

7 under paragraph (1), when a catcher vessel is 

8 removed from the directed pollock fishery, the 

9 fishery allowance for pollock for the vessel being 

10 removed— 

11 ‘‘(i) shall be based on the catch his12 tory determination for the vessel made 

13 pursuant to section 679.62 of title 50, 

14 Code of Federal Regulations, as in effect 

15 on the date of enactment of the Maritime 

16 Safety Act of 2009; and 

17 ‘‘(ii) shall be assigned, for all pur18 poses under this title, in the manner speci19 fied by the owner of the vessel being re20 moved to any other catcher vessel or 

21 among other catcher vessels participating 

22 in the fishery cooperative if such vessel or 

23 vessels remain in the fishery cooperative 

24 for at least one year after the date on 


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1 which the vessel being removed leaves the 

2 directed pollock fishery. 

3 ‘‘(B) ELIGIBILITY FOR FISHERY ENDORSE4 MENT.—Except as provided in subparagraph 

5 (C), a vessel that is removed pursuant to this 

6 paragraph shall be permanently ineligible for a 

7 fishery endorsement, and any claim (including 

8 relating to catch history) associated with such 

9 vessel that could qualify any owner of such ves10 sel for any permit to participate in any fishery 

11 within the exclusive economic zone of the 

12 United States shall be extinguished, unless such 

13 removed vessel is thereafter designated to re14 place a vessel to be removed pursuant to this 

15 paragraph. 

16 ‘‘(C) LIMITATIONS ON STATUTORY CON17 STRUCTION.—Nothing in this paragraph shall 

18 be construed— 

19 ‘‘(i) to make the vessels AJ (United 

20 States official number 905625), DONA 

21 MARTITA (United States official number 

22 651751), NORDIC EXPLORER (United 

23 States official number 678234), and 

24 PROVIDIAN (United States official num25 ber 1062183) ineligible for a fishery enVerDate Nov 24 2008 03:59 Sep 23, 2009 Jkt 079200 PO 00000 Frm 00174 Fmt 6652 Sfmt 6201 E:\BILLS\H3619.IH H3619

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1 dorsement or any permit necessary to par2 ticipate in any fishery under the authority 

3 of the New England Fishery Management 

4 Council or the Mid-Atlantic Fishery Man5 agement Council established, respectively, 

6 under subparagraphs (A) and (B) of sec7 tion 302(a)(1) of the Magnuson-Stevens 

8 Act; or 

9 ‘‘(ii) to allow the vessels referred to in 

10 clause (i) to participate in any fishery 

11 under the authority of the Councils re12 ferred to in clause (i) in any manner that 

13 is not consistent with the fishery manage14 ment plan for the fishery developed by the 

15 Councils under section 303 of the Magnu16 son-Stevens Act.’’. 

17 SEC. 803. COLD WEATHER SURVIVAL TRAINING. 

18 The Commandant of the Coast Guard shall report to 

19 the Committee on Transportation and Infrastructure of 

20 the House of Representatives and the Committee on Com21 merce, Science, and Transportation of the Senate on the 

22 efficacy of cold weather survival training conducted by the 

23 Coast Guard in Coast Guard District 17 over the pre24 ceding 5 years. The report shall include plans for con25 ducting such training in fiscal years 2010 through 2013. 


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1 SEC. 804. FISHING VESSEL SAFETY. 

2 (a) SAFETY STANDARDS.—Section 4502 of title 46, 

3 United States Code, is amended— 

4 (1) in subsection (a), by— 

5 (A) striking paragraphs (6) and (7) and 

6 inserting the following: 

7 ‘‘(6) other equipment required to minimize the 

8 risk of injury to the crew during vessel operations, 

9 if the Secretary determines that a risk of serious in10 jury exists that can be eliminated or mitigated by 

11 that equipment; and’’; and 

12 (B) redesignating paragraph (8) as para13 graph (7); 

14 (2) in subsection (b)— 

15 (A) in paragraph (1) in the matter pre16 ceding subparagraph (A), by striking ‘‘docu17 mented’’; 

18 (B) in paragraph (1)(A), by striking ‘‘the 

19 Boundary Line’’ and inserting ‘‘3 nautical miles 

20 from the baseline from which the territorial sea 

21 of the United States is measured or beyond 3 

22 nautical miles from the coastline of the Great 

23 Lakes’’; 

24 (C) in paragraph (2)(B), by striking ‘‘life25 boats or liferafts’’ and inserting ‘‘a survival 


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1 craft that ensures that no part of an individual 

2 is immersed in water’’; 

3 (D) in paragraph (2)(D), by inserting 

4 ‘‘marine’’ before ‘‘radio’’; 

5 (E) in paragraph (2)(E), by striking 

6 ‘‘radar reflectors, nautical charts, and anchors’’ 

7 and inserting ‘‘nautical charts, and publica8 tions’’; 

9 (F) in paragraph (2)(F), by striking ‘‘, in10 cluding medicine chests’’ and inserting ‘‘and 

11 medical supplies sufficient for the size and area 

12 of operation of the vessel’’ and 

13 (G) by amending paragraph (2)(G) to read 

14 as follows: 

15 ‘‘(G) ground tackle sufficient for the vessel.’’; 

16 (3) by amending subsection (f) to read as fol17 lows: 

18 ‘‘(f) To ensure compliance with the requirements of 

19 this chapter, the Secretary— 

20 ‘‘(1) shall require the individual in charge of a 

21 vessel described in subsection (b) to keep a record 

22 of equipment maintenance, and required instruction 

23 and drills; and 

24 ‘‘(2) shall examine at dockside a vessel de25 scribed in subsection (b) at least once every 2 years, 


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1 and shall issue a certificate of compliance to a vessel 

2 meeting the requirements of this chapter.’’; and 

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

4 ‘‘(g)(1) The individual in charge of a vessel described 

5 in subsection (b) must pass a training program approved 

6 by the Secretary that meets the requirements in para7 graph (2) of this subsection and hold a valid certificate 

8 issued under that program. 

9 ‘‘(2) The training program shall— 

10 ‘‘(A) be based on professional knowledge and 

11 skill obtained through sea service and hands-on 

12 training, including training in seamanship, stability, 

13 collision prevention, navigation, fire fighting and 

14 prevention, damage control, personal survival, emer15 gency medical care, emergency drills, and weather; 

16 ‘‘(B) require an individual to demonstrate abil17 ity to communicate in an emergency situation and 

18 understand information found in navigation publica19 tions; 

20 ‘‘(C) recognize and give credit for recent past 

21 experience in fishing vessel operation; and 

22 ‘‘(D) provide for issuance of a certificate to an 

23 individual that has successfully completed the pro24 gram. 


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1 ‘‘(3) The Secretary shall prescribe regulations imple2 menting this subsection. The regulations shall require that 

3 individuals who are issued a certificate under paragraph 

4 (2)(D) must complete refresher training at least once 

5 every 5 years as a condition of maintaining the validity 

6 of the certificate. 

7 ‘‘(4) The Secretary shall establish a publicly acces8 sible electronic database listing the names of individuals 

9 who have participated in and received a certificate con10 firming successful completion of a training program ap11 proved by the Secretary under this section. 

12 ‘‘(h) A vessel to which this chapter applies shall be 

13 constructed in a manner that provides a level of safety 

14 equivalent to the minimum safety standards the Secretary 

15 may established for recreational vessels under section 

16 4302, if— 

17 ‘‘(1) subsection (b) of this section applies to the 

18 vessel; 

19 ‘‘(2) the vessel is less than 50 feet overall in 

20 length; and 

21 ‘‘(3) the vessel is built after January 1, 2010. 

22 ‘‘(i)(1) The Secretary shall establish a Fishing Safety 

23 Training Grants Program to provide funding to munici24 palities, port authorities, other appropriate public entities, 


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1 not-for-profit organizations, and other qualified persons 

2 that provide commercial fishing safety training— 

3 ‘‘(A) to conduct fishing vessel safety training 

4 for vessel operators and crewmembers that— 

5 ‘‘(i) in the case of vessel operators, meets 

6 the requirements of subsection (g); and 

7 ‘‘(ii) in the case of crewmembers, meets 

8 the requirements of subsection (g)(2)(A), such 

9 requirements of subsection (g)(2)(B) as are ap10 propriate for crewmembers, and the require11 ments of subsections (g)(2)(D), (g)(3), and 

12 (g)(4); and 

13 ‘‘(B) for purchase of safety equipment and 

14 training aids for use in those fishing vessel safety 

15 training programs. 

16 ‘‘(2) The Secretary shall award grants under this 

17 subsection on a competitive basis. 

18 ‘‘(3) The Federal share of the cost of any activity 

19 carried out with a grant under this subsection shall not 

20 exceed 75 percent. 

21 ‘‘(4) There is authorized to be appropriated 

22 $3,000,000 for each of fiscal years 2010 through 2014 

23 for grants under this subsection. 

24 ‘‘(j)(1) The Secretary shall establish a Fishing Safety 

25 Research Grant Program to provide funding to individuals 


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1 in academia, members of non-profit organizations and 

2 businesses involved in fishing and maritime matters, and 

3 other persons with expertise in fishing safety, to conduct 

4 research on methods of improving the safety of the com5 mercial fishing industry, including vessel design, emer6 gency and survival equipment, enhancement of vessel mon7 itoring systems, communications devices, de-icing tech8 nology, and severe weather detection. 

9 ‘‘(2) The Secretary shall award grants under this 

10 subsection on a competitive basis. 

11 ‘‘(3) The Federal share of the cost of any activity 

12 carried out with a grant under this subsection shall not 

13 exceed 75 percent. 

14 ‘‘(4) There is authorized to be appropriated 

15 $3,000,000 for each fiscal years 2010 through 2014 for 

16 activities under this subsection.’’. 

17 (b) CONFORMING AMENDMENT.—Section 4506(b) of 

18 title 46, United States Code, is repealed. 

19 (c) ADVISORY COMMITTEE.— 

20 (1) CHANGE OF NAME.—Section 4508 of title 

21 46, United States Code, is amended— 

22 (A) by striking the section heading and in23 serting the following: 


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1 ‘‘§ 4508. Commercial Fishing Safety Advisory Com2 mittee’’; 

3 and 

4 (B) in subsection (a) by striking ‘‘Industry 

5 Vessel’’. 

6 (2) MEMBERSHIP REQUIREMENTS.—Section 

7 4508(b)(1) of that title is amended— 

8 (A) by striking ‘‘seventeen’’ and inserting 

9 ‘‘eighteen’’; 

10 (B) in subparagraph (A)— 

11 (i) in the matter preceding clause (i), 

12 by striking ‘‘from the commercial fishing 

13 industry who—’’ and inserting ‘‘who shall 

14 represent the commercial fishing industry 

15 and who—’’; and 

16 (ii) in clause (ii), by striking ‘‘an 

17 uninspected’’ and inserting ‘‘a’’; 

18 (C) by striking subparagraph (B) and in19 serting the following: 

20 ‘‘(B) three members who shall represent the 

21 general public, including, whenever possible— 

22 ‘‘(i) an independent expert or consultant in 

23 maritime safety; 

24 ‘‘(ii) a marine surveyor who provides serv25 ices to vessels to which this chapter applies; and 


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1 ‘‘(iii) a person familiar with issues affect2 ing fishing communities and families of fisher3 men;’’; and 

4 (D) in subparagraph (C)— 

5 (i) in the matter preceding clause (i), 

6 by striking ‘‘representing each of—’’ 

7 and inserting ‘‘each of whom shall rep8 resent—’’; 

9 (ii) in clause (i), by striking ‘‘or ma10 rine surveyors;’’ and inserting ‘‘and marine 

11 engineers;’’; 

12 (iii) in clause (iii), by striking ‘‘and’’ 

13 after the semicolon at the end; 

14 (iv) in clause (iv), by striking the pe15 riod at the end and inserting ‘‘; and’’; and 

16 (v) by adding at the end the following 

17 new clause: 

18 ‘‘(v) owners of vessels to which this 

19 chapter applies.’’. 

20 (3) TERMINATION.—Section 4508(e)(1) of that 

21 title is amended by striking ‘‘September 30, 2010.’’ 

22 and inserting ‘‘September 30, 2020.’’. 

23 (4) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of chapter 45 of title 46, 


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1 United States Code, is amended by striking the item 

2 relating to such section and inserting the following: 

‘‘4508. Commercial Fishing Safety Advisory Committee.’’. 

3 (d) LOADLINES FOR VESSELS 79 FEET OR GREATER

4 IN LENGTH.—Section 5102(b)(3) of title 46, United 

5 States Code, is amended by inserting after ‘‘vessel’’ the 

6 following ‘‘, unless the vessel is built or undergoes a major 

7 conversion completed after July 1, 2010’’. 

8 (e) CLASSING OF VESSELS.— 

9 (1) IN GENERAL.—Section 4503 of title 46, 

10 United States Code, is amended— 

11 (A) by striking the section heading and in12 serting the following: 

13 ‘‘§ 4503. Fishing, fish tender, and fish processing ves14 sel certification’’; 

15 (B) in subsection (a) by striking ‘‘fish 

16 processing’’; and 

17 (C) by adding at the end the following: 

18 ‘‘(c) This section applies to a vessel to which section 

19 4502(b) of this title applies that is at least 50 feet overall 

20 in length and— 

21 ‘‘(1) is built after July 1, 2010; or 

22 ‘‘(2) undergoes a major conversion completed 

23 after that date. 

24 ‘‘(d)(1) After January 1, 2020, a fishing vessel, fish 

25 processing vessel, or fish tender vessel to which section 


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1 4502(b) of this title applies shall comply with an alternate 

2 safety compliance program that is developed in coopera3 tion with the commercial fishing industry and prescribed 

4 by the Secretary, if the vessel— 

5 ‘‘(A) is at least 50 feet overall in length; 

6 ‘‘(B) is built before July 1, 2010; and 

7 ‘‘(C) is 25 years of age or older. 

8 ‘‘(2) Alternative safety compliance programs may be 

9 developed for purposes of paragraph (1) for specific re10 gions and fisheries. 

11 ‘‘(3) A fishing vessel, fish processing vessel, or fish 

12 tender vessel to which section 4502(b) of this title applies 

13 that was classed before July 1, 2010, shall— 

14 ‘‘(A) remain subject to the requirements of a 

15 classification society approved by the Secretary; and 

16 ‘‘(B) have on board a certificate from that soci17 ety.’’. 

18 (2) CLERICAL AMENDMENT.—The table of sec19 tions at the beginning of chapter 45 of title 46, 

20 United States Code, is amended by striking the item 

21 relating to such section and inserting the following: 

‘‘4503. Fishing, fish tender, and fish processing vessel certification.’’. 

22 (f) ALTERNATIVE SAFETY COMPLIANCE PROGRAM.— 

23 No later than January 1, 2017, the Secretary of the de24 partment in which the Coast Guard is operating shall pre25 scribe an alternative safety compliance program referred 


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1 to in section 4503(d) of the title 46, United States Code, 

2 as amended by this section. 

3 SEC. 805. MARINER RECORDS. 

4 Section 7502 of title 46, United States Code, is 

5 amended— 

6 (1) by inserting ‘‘(a)’’ before ‘‘The’’; 

7 (2) by striking ‘‘computerized records’’ and in8 serting ‘‘records, including electronic records,’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(b) The Secretary may prescribe regulations requir11 ing a vessel owner or managing operator of a commercial 

12 vessel, or the employer of a seaman on that vessel, to 

13 maintain records of each individual engaged on the vessel 

14 on matters of engagement, discharge, and service for not 

15 less than 5 years after the date of the completion of the 

16 service of that individual on the vessel. The regulations 

17 may require that a vessel owner, managing operator, or 

18 employer shall make these records available to the indi19 vidual and the Coast Guard on request. 

20 ‘‘(c) A person violating this section, or a regulation 

21 prescribed under this section, is liable to the United States 

22 Government for a civil penalty of not more than $5,000.’’. 


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1 SEC. 806. DELETION OF EXEMPTION OF LICENSE REQUIRE2 MENT FOR OPERATORS OF CERTAIN TOWING 

3 VESSELS. 

4 Section 8905 of title 46, United States Code, is 

5 amended— 

6 (1) by striking subsection (b); and 

7 (2) by redesignating subsection (c) as sub8 section (b). 

9 SEC. 807. LOG BOOKS. 

10 (a) IN GENERAL.—Chapter 113 of title 46, United 

11 States Code, is amended by adding at the end the fol12 lowing: 

13 ‘‘§ 11304. Additional logbook and entry requirements 

14 ‘‘(a) A vessel of the United States that is subject to 

15 inspection under section 3301 of this title, except a vessel 

16 on a voyage from a port in the United States to a port 

17 in Canada, shall have an official logbook, which shall be 

18 kept available for review by the Secretary on request. 

19 ‘‘(b) The log book required by subsection (a) shall 

20 include the following entries: 

21 ‘‘(1) The time when each seaman and each offi22 cer assumed or relieved the watch. 

23 ‘‘(2) The number of hours in service to the ves24 sels of each seaman and each officer. 

25 ‘‘(3) An account of each accident, illness, and 

26 injury that occurs during each watch.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of such chapter is amended by adding 

3 at the end the following: 

‘‘11304. Additional logbook and entry requirements.’’. 

4 SEC. 808. SAFE OPERATIONS AND EQUIPMENT STANDARDS. 

5 (a) IN GENERAL.—Chapter 21 of title 46, United 

6 States Code, is amended by adding at the end the fol7 lowing new sections: 

8 ‘‘§ 2116. Termination for unsafe operation 

9 ‘‘An individual authorized to enforce this title— 

10 ‘‘(1) may remove a certificate required by this 

11 title from a vessel that is operating in a condition 

12 that does not comply with the provisions of the cer13 tificate; 

14 ‘‘(2) may order the individual in charge of a 

15 vessel that is operating that does not have on board 

16 the certificate required by this title to return the 

17 vessel to a mooring and to remain there until the 

18 vessel is in compliance with this title; and 

19 ‘‘(3) may direct the individual in charge of a 

20 vessel to which this title applies to immediately take 

21 reasonable steps necessary for the safety of individ22 uals on board the vessel if the official observes the 

23 vessel being operated in an unsafe condition that the 

24 official believes creates an especially hazardous con25 dition, including ordering the individual in charge to 


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1 return the vessel to a mooring and to remain there 

2 until the situation creating the hazard is corrected 

3 or ended. 

4 ‘‘§ 2117. Establishment of equipment standards 

5 ‘‘(a) In establishing standards for approved equip6 ment required on vessels subject to part B of this title, 

7 the Secretary shall establish standards that are— 

8 ‘‘(1) based on performance using the best avail9 able technology that is economically achievable; and 

10 ‘‘(2) operationally practical. 

11 ‘‘(b) Using the standards established under sub12 section (a), the Secretary may also certify lifesaving equip13 ment that is not required to be carried on vessels subject 

14 to part B of this title to ensure that such equipment is 

15 suitable for its intended purpose. 

16 ‘‘(c) At least once every 10 years the Secretary shall 

17 review and revise the standards established under sub18 section (a) to ensure that the standards meet the require19 ments of this section.’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections 

21 at the beginning of such chapter is amended by adding 

22 at the end the following: 

‘‘2116. Termination for unsafe operation. 

‘‘2117. Establishment of equipment standards.’’. 


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1 SEC. 809. APPROVAL OF SURVIVAL CRAFT. 

2 (a) IN GENERAL.—Chapter 31 of title 46, United 

3 States Code, is amended by adding at the end the fol4 lowing new section: 

5 ‘‘§ 3104. Survival craft 

6 ‘‘(a) Except as provided in subsection (b), the Sec7 retary may not approve a survival craft as a safety device 

8 for purposes of this part, unless the craft ensures that 

9 no part of an individual is immersed in water. 

10 ‘‘(b) The Secretary may authorize a survival craft 

11 that does not provide protection described in subsection 

12 (a) to remain in service until not later than January 1, 

13 2015, if— 

14 ‘‘(1) it was approved by the Secretary before 

15 January 1, 2010; and 

16 ‘‘(2) it is in serviceable condition.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

18 at the beginning of such chapter is amended by adding 

19 at the end the following: 

‘‘3104. Survival craft.’’. 

20 SEC. 810. SAFETY MANAGEMENT. 

21 (a) VESSELS TO WHICH REQUIREMENTS APPLY.— 

22 Section 3202 of title 46, United States Code, is amend23 ed— 


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1 (1) in subsection (a) by striking the heading 

2 and inserting ‘‘FOREIGN VOYAGES AND FOREIGN

3 VESSELS.—’’; 

4 (2) by redesignating subsections (b) and (c) as 

5 subsections (c) and (d), respectively; 

6 (3) by inserting after subsection (a) the fol7 lowing: 

8 ‘‘(b) OTHER PASSENGER VESSELS.—This chapter 

9 applies to a vessel that is— 

10 ‘‘(1) a passenger vessel or small passenger ves11 sel; and 

12 ‘‘(2) is transporting more passengers than a 

13 number prescribed by the Secretary based on the 

14 number of individuals on the vessel that could be 

15 killed or injured in a marine casualty.’’; 

16 (4) in subsection (d), as so redesignated, by 

17 striking ‘‘subsection (b)’’ and inserting ‘‘subsection 

18 (c)’’; and 

19 (5) in subsection (d)(4), as so redesignated, by 

20 inserting ‘‘that is not described in subsection (b) of 

21 this section’’ after ‘‘waters’’. 

22 (b) SAFETY MANAGEMENT SYSTEM.—Section 3203 

23 of title 46, United States Code, is amended by adding at 

24 the end the following new subsection: 


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1 ‘‘(c) In prescribing regulations for passenger vessels 

2 and small passenger vessels, the Secretary shall con3 sider— 

4 ‘‘(1) the characteristics, methods of operation, 

5 and nature of the service of these vessels; and 

6 ‘‘(2) with respect to vessels that are ferries, the 

7 sizes of the ferry systems within which the vessels 

8 operate.’’. 

9 SEC. 811. PROTECTION AGAINST DISCRIMINATION. 

10 (a) IN GENERAL.—Section 2114 of title 46, United 

11 States Code, is amended— 

12 (1) in subsection (a)(1)(A), by striking ‘‘or’’ 

13 after the semicolon; 

14 (2) in subsection (a)(1)(B), by striking the pe15 riod at the end and inserting a semicolon; 

16 (3) by adding at the end of subsection (a)(1) 

17 the following new subparagraphs: 

18 ‘‘(C) the seaman testified in a proceeding 

19 brought to enforce a maritime safety law or regula20 tion prescribed under that law; 

21 ‘‘(D) the seaman notified, or attempted to no22 tify, the vessel owner or the Secretary of a work-re23 lated personal injury or work-related illness of a sea24 man; 


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1 ‘‘(E) the seaman cooperated with a safety in2 vestigation by the Secretary or the National Trans3 portation Safety Board; 

4 ‘‘(F) the seaman furnished information to the 

5 Secretary, the National Transportation Safety 

6 Board, or any other public official as to the facts re7 lating to any marine casualty resulting in injury or 

8 death to an individual or damage to property occur9 ring in connection with vessel transportation; or 

10 ‘‘(G) the seaman accurately reported hours of 

11 duty under this part.’’; and 

12 (4) by amending subsection (b) to read as fol13 lows: 

14 ‘‘(b) A seaman alleging discharge or discrimination 

15 in violation of subsection (a) of this section, or another 

16 person at the seaman’s request, may file a complaint with 

17 respect to such allegation in the same manner as a com18 plaint may be filed under subsection (b) of section 31105 

19 of title 49. Such complaint shall be subject to the proce20 dures, requirements, and rights described in that section, 

21 including with respect to the right to file an objection, the 

22 right of a person to file for a petition for review under 

23 subsection (c) of that section, and the requirement to 

24 bring a civil action under subsection (d) of that section.’’. 


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1 (b) EXISTING ACTIONS.—This section shall not affect 

2 the application of section 2114(b) of title 46, United 

3 States Code, as in effect before the date of enactment of 

4 this Act, to an action filed under that section before that 

5 date. 

6 SEC. 812. OIL FUEL TANK PROTECTION. 

7 Section 3306 of title 46, United States Code, is 

8 amended by adding at the end the following new sub9 section: 

10 ‘‘(k)(1) Each vessel of the United States that is con11 structed under a contract entered into after the date of 

12 enactment of the Maritime Safety Act of 2009, or that 

13 is delivered after January 1, 2011, with an aggregate ca14 pacity of 600 cubic meters or more of oil fuel, shall comply 

15 with the requirements of Regulation 12A under Annex I 

16 to the Protocol of 1978 relating to the International Con17 vention for the Prevention of Pollution from Ships, 1973, 

18 entitled ‘Oil Fuel Tank Protection.’ 

19 ‘‘(2) The Secretary may prescribe regulations to 

20 apply the requirements described in Regulation 12A to 

21 vessels described in paragraph (1) that are not otherwise 

22 subject to that convention. Any such regulation shall be 

23 considered to be an interpretive rule for the purposes of 

24 section 553 of title 5. 


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1 ‘‘(3) In this subsection the term ‘oil fuel’ means any 

2 oil used as fuel in connection with the propulsion and aux3 iliary machinery of the vessel in which such oil is carried.’’. 

4 SEC. 813. OATHS. 

5 Sections 7105 and 7305 of title 46, United States 

6 Code, and the items relating to such sections in the anal7 ysis for chapters 71 and 73 of such title, are repealed. 

8 SEC. 814. DURATION OF CREDENTIALS. 

9 (a) MERCHANT MARINER’S DOCUMENTS.—Section 

10 7302(f) of title 46, United States Code, is amended to 

11 read as follows: 

12 ‘‘(f) PERIODS OF VALIDITY AND RENEWAL OF MER13 CHANT MARINERS’ DOCUMENTS.— 

14 ‘‘(1) IN GENERAL.—Except as provided in sub15 section (g), a merchant mariner’s document issued 

16 under this chapter is valid for a 5-year period and 

17 may be renewed for additional 5-year periods. 

18 ‘‘(2) ADVANCE RENEWALS.—A renewed mer19 chant mariner’s document may be issued under this 

20 chapter up to 8 months in advance but is not effec21 tive until the date that the previously issued mer22 chant mariner’s document expires or until the com23 pletion of any active suspension or revocation of that 

24 previously issued merchant mariner’s document, 

25 whichever is later.’’. 


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1 (b) DURATION OF LICENSES.—Section 7106 of such 

2 title is amended to read as follows: 

3 ‘‘§ 7106. Duration of licenses 

4 ‘‘(a) IN GENERAL.—A license issued under this part 

5 is valid for a 5-year period and may be renewed for addi6 tional 5-year periods; except that the validity of a license 

7 issued to a radio officer is conditioned on the continuous 

8 possession by the holder of a first-class or second-class ra9 diotelegraph operator license issued by the Federal Com10 munications Commission. 

11 ‘‘(b) ADVANCE RENEWALS.—A renewed license 

12 issued under this part may be issued up to 8 months in 

13 advance but is not effective until the date that the pre14 viously issued license expires or until the completion of 

15 any active suspension or revocation of that previously 

16 issued merchant mariner’s document, whichever is later.’’. 

17 (c) CERTIFICATES OF REGISTRY.—Section 7107 of 

18 such title is amended to read as follows: 

19 ‘‘§ 7107. Duration of certificates of registry 

20 ‘‘(a) IN GENERAL.—A certificate of registry issued 

21 under this part is valid for a 5-year period and may be 

22 renewed for additional 5-year periods; except that the va23 lidity of a certificate issued to a medical doctor or profes24 sional nurse is conditioned on the continuous possession 


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1 by the holder of a license as a medical doctor or registered 

2 nurse, respectively, issued by a State. 

3 ‘‘(b) ADVANCE RENEWALS.—A renewed certificate of 

4 registry issued under this part may be issued up to 8 

5 months in advance but is not effective until the date that 

6 the previously issued certificate of registry expires or until 

7 the completion of any active suspension or revocation of 

8 that previously issued merchant mariner’s document, 

9 whichever is later.’’. 

10 SEC. 815. FINGERPRINTING. 

11 (a) MERCHANT MARINER LICENSES AND DOCU12 MENTS.—Chapter 75 of title 46, United States Code, is 

13 amended by adding at the end the following: 

14 ‘‘§ 7507. Fingerprinting 

15 ‘‘The Secretary of the Department in which the Coast 

16 Guard is operating may not require an individual to be 

17 fingerprinted for the issuance or renewal of a license, a 

18 certificate of registry, or a merchant mariner’s document 

19 under chapter 71 or 73 if the individual was fingerprinted 

20 when the individual applied for a transportation security 

21 card under section 70105.’’. 

22 (b) CLERICAL AMENDMENT.—The analysis for such 

23 chapter is amended by adding at the end the following: 

‘‘7507. Fingerprinting.’’. 


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1 SEC. 816. AUTHORIZATION TO EXTEND THE DURATION OF 

2 LICENSES, CERTIFICATES OF REGISTRY, AND 

3 MERCHANT MARINERS’ DOCUMENTS. 

4 (a) MERCHANT MARINER LICENSES AND DOCU5 MENTS.—Chapter 75 of title 46, United States Code, as 

6 amended by section 815(a) of this title, is further amended 

7 by adding at the end the following: 

8 ‘‘§ 7508. Authority to extend the duration of licenses, 

9 certificates of registry, and merchant 

10 mariner documents 

11 ‘‘(a) LICENSES AND CERTIFICATES OF REGISTRY.— 

12 Notwithstanding sections 7106 and 7107, the Secretary 

13 of the department in which the Coast Guard is operating 

14 may— 

15 ‘‘(1) extend for not more than one year an ex16 piring license or certificate of registry issued for an 

17 individual under chapter 71 if the Secretary deter18 mines that the extension is required to enable the 

19 Coast Guard to eliminate a backlog in processing ap20 plications for those licenses or certificates of registry 

21 or in response to a national emergency or natural 

22 disaster, as deemed necessary by the Secretary; or 

23 ‘‘(2) issue for not more than five years an ex24 piring license or certificate of registry issued for an 

25 individual under chapter 71 for the exclusive pur26 pose of aligning the expiration date of such license 


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1 or certificate of registry with the expiration date of 

2 a merchant mariner’s document. 

3 ‘‘(b) MERCHANT MARINER DOCUMENTS.—Notwith4 standing section 7302(g), the Secretary may— 

5 ‘‘(1) extend for not more than one year an ex6 piring merchant mariner’s document issued for an 

7 individual under chapter 71 if the Secretary deter8 mines that the extension is required to enable the 

9 Coast Guard to eliminate a backlog in processing ap10 plications for those licenses or certificates of registry 

11 or in response to a national emergency or natural 

12 disaster, as deemed necessary by the Secretary; or 

13 ‘‘(2) issue for not more than five years an ex14 piring merchant mariner’s document issued for an 

15 individual under chapter 71 for the exclusive pur16 pose of aligning the expiration date of such mer17 chant mariner’s document with the expiration date 

18 of a merchant mariner’s document. 

19 ‘‘(c) MANNER OF EXTENSION.—Any extensions 

20 granted under this section may be granted to individual 

21 seamen or a specifically identified group of seamen.’’. 

22 (b) CLERICAL AMENDMENT.—The analysis for such 

23 chapter, as amended by section 815(b), is further amend24 ed by adding at the end the following: 

‘‘7508. Authority to extend the duration of licenses, certificates of registry, and 

merchant mariner documents.’’. 


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1 SEC. 817. MERCHANT MARINER DOCUMENTATION. 

2 (a) INTERIM CLEARANCE PROCESS.—Not later than 

3 180 days after the date of enactment of this Act, the Sec4 retary of the department in which the Coast Guard is op5 erating shall develop an interim clearance process for 

6 issuance of a merchant mariner document to enable a 

7 newly hired seaman to begin working on an offshore sup8 ply vessel or towing vessel if the Secretary makes an initial 

9 determination that the seaman does not pose a safety and 

10 security risk. 

11 (b) CONTENTS OF PROCESS.—The process under 

12 subsection (a) shall include a check against the consoli13 dated and integrated terrorist watch list maintained by the 

14 Federal Government, review of the seaman’s criminal 

15 record, and review of the results of testing the seaman 

16 for use of a dangerous drug (as defined in section 2101 

17 of title 46, United States Code) in violation of law or Fed18 eral regulation. 

19 SEC. 818. MERCHANT MARINER ASSISTANCE REPORT. 

20 Not later than 180 days after the date of enactment 

21 of this Act, the Commandant of the Coast Guard shall 

22 submit to the Committee on Transportation and Infra23 structure of the House of Representatives and the Com24 mittee on Commerce, Science, and Transportation of the 

25 Senate a report regarding the feasibility of— 


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1 (1) expanding the streamlined evaluation proc2 ess program that was affiliated with the Houston 

3 Regional Examination Center of the Coast Guard to 

4 all processing centers of the Coast Guard nation5 wide; 

6 (2) including proposals to simplify the applica7 tion process for a license as an officer, staff officer, 

8 or operator and for a merchant mariner’s document 

9 to help eliminate errors by merchant mariners when 

10 completing the application form (CG–719B), includ11 ing instructions attached to the application form and 

12 a modified application form for renewals with ques13 tions pertaining only to the period of time since the 

14 previous application; 

15 (3) providing notice to an applicant of the sta16 tus of the pending application, including a process to 

17 allow the applicant to check on the status of the ap18 plication by electronic means; and 

19 (4) ensuring that all information collected with 

20 respect to applications for new or renewed licenses, 

21 merchant mariner documents, and certificates of 

22 registry is retained in a secure electronic format. 

23 SEC. 819. OFFSHORE SUPPLY VESSELS. 

24 (a) DEFINITION.—Section 2101(19) of title 46, 

25 United States Code, is amended by striking ‘‘of more than 


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1 15 gross tons but less than 500 gross tons as measured 

2 under section 14502 of this title, or an alternate tonnage 

3 measured under section 14302 of this title as prescribed 

4 by the Secretary under section 14104 of this title’’. 

5 (b) EXEMPTION.—Section 5209(b)(1) of the Oceans 

6 Act of 1992 (Public Law 102–587; 46 U.S.C. 2101 note) 

7 is amended by inserting before the period at the end the 

8 following: ‘‘of less than 500 gross tons as measured under 

9 section 14502, or an alternate tonnage measured under 

10 section 14302 of this title as prescribed by the Secretary 

11 under section 14104 of this title’’. 

12 (c) REMOVAL OF TONNAGE LIMITS.— 

13 (1) ABLE SEAMEN-OFFSHORE SUPPLY VES14 SELS.—Section 7310 of title 46, United States 

15 Code, is amended by striking ‘‘of less than 500 gross 

16 tons as measured under section 14502 of this title, 

17 or an alternate tonnage measured under section 

18 14302 of this title as prescribed by the Secretary 

19 under section 14104 of this title’’. 

20 (2) SCALE OF EMPLOYMENT: ABLE SEAMEN.— 

21 Section 7312(d) of title 46, United States Code, is 

22 amended by striking ‘‘of less than 500 gross tons as 

23 measured under section 14502 of this title, or an al24 ternate tonnage measured under section 14302 of 


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1 this title as prescribed by the Secretary under sec2 tion 14104 of this title’’. 

3 (d) WATCHES.—Section 8104 of title 46, United 

4 States Code, is amended— 

5 (1) in subsection (g), by inserting after ‘‘off6 shore supply vessel’’ the following: ‘‘of less than 500 

7 gross tons as measured under section 14502 of this 

8 title, or less than 6,000 gross tons as measured 

9 under section 14302 of this title as prescribed by the 

10 Secretary under section 14104 of this title’’; 

11 (2) in subsection (d), by inserting ‘‘(1)’’ after 

12 ‘‘(d)’’, and by adding at the end the following: 

13 ‘‘(2) Paragraph (1) does not apply to an offshore sup14 ply vessel of at least 6,000 gross tons as measured under 

15 section 14302 of this title if the individuals engaged on 

16 the vessel are in compliance with hours of service require17 ments (including recording and record-keeping of that 

18 service) prescribed by the Secretary.’’; and 

19 (3) in subsection (e), by striking ‘‘subsection 

20 (d)’’ and inserting ‘‘subsection (d)(1)’’. 

21 (e) MINIMUM NUMBER OF LICENSED INDIVID22 UALS.—Section 8301(b) of title 46, United States Code, 

23 is amended to read as follows: 

24 ‘‘(b)(1) An offshore supply vessel of less than 6,000 

25 gross tons, as measured under section 14302 of this title, 


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1 on a voyage of less than 600 miles shall have at least one 

2 licensed mate. Such a vessel on a voyage of 600 miles or 

3 more shall have two licensed mates. 

4 ‘‘(2) An offshore supply vessel of more than 200 

5 gross tons as measured under section 14502 of this title, 

6 or an alternate tonnage measured under section 14302 of 

7 this title as prescribed by the Secretary under section 

8 14104 of this title, may not be operated without a licensed 

9 engineer. 

10 ‘‘(3) An offshore supply vessel shall have at least one 

11 mate. Additional mates on an offshore supply vessel of at 

12 least 6,000 gross tons as measured under section 14302 

13 of this title shall be prescribe in accordance with hours 

14 of service requirements (including recording and record15 keeping of that service) prescribed by the Secretary.’’. 

16 (f) REGULATIONS.— 

17 (1) IN GENERAL.—The Secretary of the depart18 ment in which the Coast Guard is operating shall 

19 promulgate regulations to implement the amend20 ments enacted by this section and chapter 37 of title 

21 46, United States Code, for offshore supply vessels 

22 of at least 6,000 gross tons, before January 1, 2010. 

23 (2) INTERIM FINAL RULE AUTHORITY.—The 

24 Secretary shall issue an interim final rule as a tem25 porary regulation implementing this section (includVerDate Nov 24 2008 03:59 Sep 23, 2009 Jkt 079200 PO 00000 Frm 00204 Fmt 6652 Sfmt 6201 E:\BILLS\H3619.IH H3619

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1 ing the amendments made by this section), and 

2 chapter 37 of title 46, United States Code, for off3 shore supply vessels of at least 6,000 gross tons, as 

4 soon as practicable after the date of enactment of 

5 this section, without regard to the provisions of 

6 chapter 5 of title 5, United States Code. All regula7 tions prescribed under the authority of this para8 graph that are not earlier superseded by final regu9 lations shall expire not later than 1 year after the 

10 date of enactment of this Act. 

11 (3) INITIATION OF RULEMAKING.—The Sec12 retary may initiate a rulemaking to implement this 

13 section (including the amendments made by this sec14 tion), and chapter 37 of title 46, United States 

15 Code, for offshore supply vessels of at least 6,000 

16 gross tons, as soon as practicable after the date of 

17 enactment of this section. The final rule issued pur18 suant to that rulemaking may supersede the interim 

19 final rule promulgated under this subsection. 

20 (4) INTERIM PERIOD.—After the date of enact21 ment of this Act and prior to the effective date of 

22 the regulations promulgated to implement the 

23 amendments enacted by this section under para24 graph (2), and notwithstanding the tonnage limits of 


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1 applicable regulations promulgated prior to the date 

2 of enactment of this Act, the Secretary may— 

3 (A) issue a certificate of inspection under 

4 section 3309 of title 46, United States Code, to 

5 an offshore supply vessel of at least 500 gross 

6 tons as measured under section 14502 of title 

7 46, United States Code, or of at least 6,000 

8 gross tons as measured under section 14302 of 

9 title 46, United States Code, if the Secretary 

10 determines that such vessel’s arrangements, 

11 equipment, classification, and certifications pro12 vide for the safe carriage of individuals in addi13 tion to the crew and oil and hazardous sub14 stances, taking into consideration the character15 istics of offshore supply vessels, their methods 

16 of operation, and their service in support of ex17 ploration, exploitation, or production of offshore 

18 mineral or energy resources; 

19 (B) for the purpose of enforcing chapter 

20 37 of title 46, United States Code, use tank 

21 vessel standards for offshore supply vessels of 

22 at least 6,000 gross tons after considering the 

23 characteristics, methods of operation, and na24 ture of the service of the vessel; and 


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1 (C) authorize a master, mate, or engineer 

2 whom the Secretary decides possesses the expe3 rience on an offshore supply vessel under 6,000 

4 gross tons to serve on an offshore supply vessel 

5 over at least 6,000 gross tons. 

6 SEC. 820. ASSOCIATED EQUIPMENT. 

7 Section 2101(1)(B) of title 46, United States Coded, 

8 is amended by inserting ‘‘with the exception of emergency 

9 locator beacons,’’ before ‘‘does’’. 

10 SEC. 821. LIFESAVING DEVICES ON UNINSPECTED VESSELS. 

11 Section 4102(b) of title 46, United States Code, is 

12 amended to read as follows: 

13 ‘‘(b) The Secretary shall prescribe regulations requir14 ing the installation, maintenance, and use of life pre15 servers and other lifesaving devices for individuals on 

16 board uninspected vessels.’’. 

17 SEC. 822. STUDY OF BLENDED FUELS IN MARINE APPLICA18 TION. 

19 (a) SURVEY.— 

20 (1) IN GENERAL.—Not later than 180 days 

21 after the date of enactment of this Act, the Sec22 retary of Homeland Security, acting through the 

23 Commandant of the Coast Guard, shall submit a 

24 survey of published data and reports, pertaining to 

25 the use, safety, and performance of blended fuels in 


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1 marine applications, to the Committee on Transpor2 tation and Infrastructure of the House of Represent3 atives and the Committees on Commerce, Science, 

4 and Transportation of the Senate. 

5 (2) INCLUDED INFORMATION.—To the extent 

6 possible, the survey required in subsection (a), shall 

7 include data and reports on— 

8 (A) the impact of blended fuel on the oper9 ation, durability, and performance of rec10 reational and commercial marine engines, ves11 sels, and marine engine and vessel components 

12 and associated equipment; 

13 (B) the safety impacts of blended fuels on 

14 consumers that own and operate recreational 

15 and commercial marine engines and marine en16 gine components and associated equipment; and 

17 (C) to the extent available, fires and explo18 sions on board vessels propelled by engines 

19 using blended fuels. 

20 (b) STUDY.— 

21 (1) IN GENERAL.—Not later than 36 months 

22 after the date of enactment of this Act, the Sec23 retary, acting through the Commandant, shall con24 duct a comprehensive study on the use, safety, and 

25 performance of blended fuels in marine applications. 


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1 The Secretary is authorized to conduct such study in 

2 conjunction with— 

3 (A) any other Federal agency; 

4 (B) any State government or agency; 

5 (C) any local government or agency, in6 cluding local police and fire departments; and 

7 (D) any private entity, including engine 

8 and vessel manufacturers. 

9 (2) EVALUATION.—The study shall include an 

10 evaluation of— 

11 (A) the impact of blended fuel on the oper12 ation, durability and performance of rec13 reational and commercial marine engines, ves14 sels, and marine engine and vessel components 

15 and associated equipment; 

16 (B) the safety impacts of blended fuels on 

17 consumers that own and operate recreational 

18 and commercial marine engines and marine en19 gine components and associated equipment; and 

20 (C) fires and explosions on board vessels 

21 propelled by engines using blended fuels. 

22 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to the Secretary of Home24 land Security to carry out the survey and study under this 

25 section $1,000,000. 


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1 SEC. 823. RENEWAL OF ADVISORY COMMITTEES. 

2 (a) GREAT LAKES PILOTAGE ADVISORY COM3 MITTEE.—Section 9307(f)(1) of title 46, United States 

4 Code, is amended by striking ‘‘September 30, 2010.’’ and 

5 inserting ‘‘September 30, 2020.’’. 

6 (b) NATIONAL BOATING SAFETY ADVISORY COUN7 CIL.—Section 13110 of title 46, United States Code, is 

8 amended— 

9 (1) in subsection (d), by striking the first sen10 tence; and 

11 (2) in subsection (e), by striking ‘‘September 

12 30, 2010.’’ and inserting ‘‘September 30, 2020.’’. 

13 (c) HOUSTON-GALVESTON NAVIGATION SAFETY AD14 VISORY COMMITTEE.—Section 18(h) of the Coast Guard 

15 Authorization Act of 1991 (Public Law 102–241 as 

16 amended by Public Law 104–324) is amended by striking 

17 ‘‘September 30, 2010.’’ and inserting ‘‘September 30, 

18 2020.’’. 

19 (d) LOWER MISSISSIPPI RIVER WATERWAY SAFETY

20 ADVISORY COMMITTEE.—Section 19 of the Coast Guard 

21 Authorization Act of 1991 (Public Law 102–241) is 

22 amended— 

23 (1) in subsection (b)— 

24 (A) in the matter preceding paragraph (1), 

25 by striking ‘‘twenty-four’’ and inserting ‘‘twen26 ty-five’’; and 


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1 (B) by adding at the end the following new 

2 paragraph: 

3 ‘‘(12) One member representing the Associated 

4 Federal Pilots and Docking Masters of Louisiana.’’; 

5 and 

6 (2) in subsection (g), by striking ‘‘September 

7 30, 2010.’’ and inserting ‘‘September 30, 2020.’’. 

8 (e) TOWING SAFETY ADVISORY COMMITTEE.—The 

9 Act to Establish a Towing Safety Advisory Committee in 

10 the Department of Transportation (33 U.S.C. 1231a) is 

11 amended— 

12 (1) by striking subsection (a) and inserting the 

13 following: 

14 ‘‘(a) There is established a Towing Safety Advisory 

15 Committee (hereinafter referred to as the ‘Committee’). 

16 The Committee shall consist of eighteen members with 

17 particular expertise, knowledge, and experience regarding 

18 shallow-draft inland and coastal waterway navigation and 

19 towing safety as follows: 

20 ‘‘(1) Seven members representing the barge and 

21 towing industry, reflecting a regional geographic bal22 ance. 

23 ‘‘(2) One member representing the offshore 

24 mineral and oil supply vessel industry. 


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1 ‘‘(3) One member representing holders of active 

2 licensed Masters or Pilots of towing vessels with ex3 perience on the Western Rivers and the Gulf Intra4 coastal Waterway. 

5 ‘‘(4) One member representing the holders of 

6 active licensed Masters of towing vessels in offshore 

7 service. 

8 ‘‘(5) One member representing Masters who are 

9 active ship-docking or harbor towing vessel. 

10 ‘‘(6) One member representing licensed or unli11 censed towing vessel engineers with formal training 

12 and experience. 

13 ‘‘(7) Two members representing each of the fol14 lowing groups: 

15 ‘‘(A) Port districts, authorities, or terminal 

16 operators. 

17 ‘‘(B) Shippers (of whom at least one shall 

18 be engaged in the shipment of oil or hazardous 

19 materials by barge). 

20 ‘‘(8) Two members representing the general 

21 public.’’; and 

22 (2) in subsection (e), by striking ‘‘September 

23 30, 2010.’’ and inserting ‘‘September 30, 2020.’’. 


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1 (f) NAVIGATION SAFETY ADVISORY COUNCIL.—Sec2 tion 5 of the Inland Navigational Rules Act of 1980 (33 

3 U.S.C. 2073) is amended— 

4 (1) by striking subsections (a) and (b) and in5 serting the following: 

6 ‘‘(a) ESTABLISHMENT OF COUNCIL.— 

7 ‘‘(1) IN GENERAL.—The Secretary of the de8 partment in which the Coast Guard is operating 

9 shall establish a Navigation Safety Advisory Council 

10 (hereinafter referred to as the ‘Council’), consisting 

11 of not more than 21 members. All members shall 

12 have expertise in Inland and International vessel 

13 navigation Rules of the Road, aids to maritime navi14 gation, maritime law, vessel safety, port safety, or 

15 commercial diving safety. Upon appointment, all 

16 non-Federal members shall be designated as rep17 resentative members to represent the viewpoints and 

18 interests of one of the following groups or organiza19 tions: 

20 ‘‘(A) Commercial vessel owners or opera21 tors. 

22 ‘‘(B) Professional mariners. 

23 ‘‘(C) Recreational boaters. 

24 ‘‘(D) The recreational boating industry. 


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1 ‘‘(E) State agencies responsible for vessel 

2 or port safety. 

3 ‘‘(F) The Maritime Law Association. 

4 ‘‘(2) PANELS.—Additional persons may be ap5 pointed to panels of the Council to assist the Council 

6 in performance of its functions. 

7 ‘‘(3) NOMINATIONS.—The Secretary, through 

8 the Coast Guard Commandant, shall not less often 

9 than once a year publish a notice in the Federal 

10 Register soliciting nominations for membership on 

11 the Council. 

12 ‘‘(b) FUNCTIONS.—The Council shall advise, consult 

13 with, and make recommendations to the Secretary, 

14 through the Coast Guard Commandant, on matters relat15 ing to maritime collisions, rammings, groundings, Inland 

16 Rules of the Road, International Rules of the Road, navi17 gation regulations and equipment, routing measures, ma18 rine information, diving safety, and aids to navigation sys19 tems. Any advice and recommendations made by the 

20 Council to the Secretary shall reflect the independent 

21 judgment of the Council on the matter concerned. The 

22 Council shall meet at the call of the Coast Guard Com23 mandant, but in any event not less than twice during each 

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1 lic, and a record of the proceedings shall be made available 

2 for public inspection.’’; and 

3 (2) in subsection (d), by striking ‘‘September 

4 30, 2010.’’ and inserting ‘‘September 30, 2020.’’. 

5 TITLE IX—CRUISE VESSEL 

6 SAFETY 

7 SEC. 901. SHORT TITLE. 

8 This title may be cited as the ‘‘Cruise Vessel Security 

9 and Safety Act of 2009’’. 

10 SEC. 902. FINDINGS. 

11 The Congress makes the following findings: 

12 (1) There are approximately 200 overnight 

13 ocean-going cruise vessels worldwide. The average 

14 ocean-going cruise vessel carries 2,000 passengers 

15 with a crew of 950 people. 

16 (2) In 2007 alone, approximately 12,000,000 

17 passengers were projected to take a cruise world18 wide. 

19 (3) Passengers on cruise vessels have an inad20 equate appreciation of their potential vulnerability to 

21 crime while on ocean voyages, and those who may be 

22 victimized lack the information they need to under23 stand their legal rights or to know whom to contact 

24 for help in the immediate aftermath of the crime. 


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1 (4) Sexual violence, the disappearance of pas2 sengers from vessels on the high seas, and other se3 rious crimes have occurred during luxury cruises. 

4 (5) Over the last 5 years, sexual assault and 

5 physical assaults on cruise vessels were the leading 

6 crimes investigated by the Federal Bureau of Inves7 tigation with regard to cruise vessel incidents. 

8 (6) These crimes at sea can involve attacks 

9 both by passengers and crew members on other pas10 sengers and crew members. 

11 (7) Except for United States flagged vessels, or 

12 foreign flagged vessels operating in an area subject 

13 to the direct jurisdiction of the United States, there 

14 are no Federal statutes or regulations that explicitly 

15 require cruise lines to report alleged crimes to 

16 United States Government officials. 

17 (8) It is not known precisely how often crimes 

18 occur on cruise vessels or exactly how many people 

19 have disappeared during ocean voyages because 

20 cruise line companies do not make comprehensive, 

21 crime-related data readily available to the public. 

22 (9) Obtaining reliable crime-related cruise data 

23 from governmental sources can be difficult, because 

24 multiple countries may be involved when a crime oc25 curs on the high seas, including the flag country for 


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1 the vessel, the country of citizenship of particular 

2 passengers, and any countries having special or mar3 itime jurisdiction. 

4 (10) It can be difficult for professional crime 

5 investigators to immediately secure an alleged crime 

6 scene on a cruise vessel, recover evidence of an on7 board offense, and identify or interview potential 

8 witnesses to the alleged crime. 

9 (11) Most cruise vessels that operate into and 

10 out of United States ports are registered under the 

11 laws of another country, and investigations and 

12 prosecutions of crimes against passengers and crew 

13 members may involve the laws and authorities of 

14 multiple nations. 

15 (12) The Coast Guard has found it necessary to 

16 establish 500-yard security zones around cruise ves17 sels to limit the risk of terrorist attack. Recently pi18 racy has dramatically increased throughout the 

19 world. 

20 (13) To enhance the safety of cruise pas21 sengers, the owners of cruise vessels could upgrade, 

22 modernize, and retrofit the safety and security infra23 structure on such vessels by installing peep holes in 

24 passenger room doors, installing security video cam25 eras in targeted areas, limiting access to passenger 


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1 rooms to select staff during specific times, and in2 stalling acoustic hailing and warning devices capable 

3 of communicating over distances. 

4 SEC. 903. CRUISE VESSEL SECURITY AND SAFETY REQUIRE5 MENTS. 

6 (a) IN GENERAL.—Chapter 35 of title 46, United 

7 States Code, is amended by adding at the end the fol8 lowing: 

9 ‘‘§ 3507. Passenger vessel security and safety require10 ments 

11 ‘‘(a) VESSEL DESIGN, EQUIPMENT, CONSTRUCTION, 

12 AND RETROFITTING REQUIREMENTS.— 

13 ‘‘(1) IN GENERAL.—Each vessel to which this 

14 subsection applies shall comply with the following 

15 design and construction standards: 

16 ‘‘(A) The vessel shall be equipped with 

17 ship rails that are located not less than 42 

18 inches above the cabin deck. 

19 ‘‘(B) Each passenger stateroom and crew 

20 cabin shall be equipped with entry doors that 

21 include peep holes or other means of visual 

22 identification. 

23 ‘‘(C) For any vessel the keel of which is 

24 laid after the date of enactment of the Cruise 

25 Vessel Security and Safety Act of 2009, each 


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1 passenger stateroom and crew cabin shall be 

2 equipped with— 

3 ‘‘(i) security latches; and 

4 ‘‘(ii) time-sensitive key technology. 

5 ‘‘(D) The vessel shall integrate technology 

6 that can be used for capturing images of pas7 sengers or detecting passengers who have fallen 

8 overboard, to the extent that such technology is 

9 available. 

10 ‘‘(E) The vessel shall be equipped with a 

11 sufficient number of operable acoustic hailing 

12 or other such warning devices to provide com13 munication capability around the entire vessel 

14 when operating in high risk areas (as defined 

15 by the United States Coast Guard). 

16 ‘‘(2) FIRE SAFETY CODES.—In administering 

17 the requirements of paragraph (1)(C), the Secretary 

18 shall take into consideration fire safety and other 

19 applicable emergency requirements established by 

20 the U.S. Coast Guard and under international law, 

21 as appropriate. 

22 ‘‘(3) EFFECTIVE DATE.— 

23 ‘‘(A) IN GENERAL.—Except as provided in 

24 subparagraph (B), the requirements of para25 graph (1) shall take effect 18 months after the 


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1 date of enactment of the Cruise Vessel Security 

2 and Safety Act of 2009. 

3 ‘‘(B) LATCH AND KEY REQUIREMENTS.— 

4 The requirements of paragraph (1)(C) take ef5 fect on the date of enactment of the Cruise Ves6 sel Security and Safety Act of 2009. 

7 ‘‘(b) VIDEO RECORDING.— 

8 ‘‘(1) REQUIREMENT TO MAINTAIN SURVEIL9 LANCE.—The owner of a vessel to which this section 

10 applies shall maintain a video surveillance system to 

11 assist in documenting crimes on the vessel and in 

12 providing evidence for the prosecution of such 

13 crimes, as determined by the Secretary. 

14 ‘‘(2) ACCESS TO VIDEO RECORDS.—The owner 

15 of a vessel to which this section applies shall provide 

16 to any law enforcement official performing official 

17 duties in the course and scope of an investigation, 

18 upon request, a copy of all records of video surveil19 lance that the official believes may provide evidence 

20 of a crime reported to law enforcement officials. 

21 ‘‘(c) SAFETY INFORMATION.—The owner of a vessel 

22 to which this section applies shall provide in each pas23 senger stateroom, and post in a location readily accessible 

24 to all crew and in other places specified by the Secretary, 

25 information regarding the locations of the United States 


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1 embassy and each consulate of the United States for each 

2 country the vessel will visit during the course of the voy3 age. 

4 ‘‘(d) SEXUAL ASSAULT.—The owner of a vessel to 

5 which this section applies shall— 

6 ‘‘(1) maintain on the vessel adequate, in-date 

7 supplies of anti-retroviral medications and other 

8 medications designed to prevent sexually transmitted 

9 diseases after a sexual assault; 

10 ‘‘(2) maintain on the vessel equipment and ma11 terials for performing a medical examination in sex12 ual assault cases to evaluate the patient for trauma, 

13 provide medical care, and preserve relevant medical 

14 evidence; 

15 ‘‘(3) make available on the vessel at all times 

16 medical staff who have undergone a credentialing 

17 process to verify that he or she— 

18 ‘‘(A) possesses a current physician’s or 

19 registered nurse’s license and— 

20 ‘‘(i) has at least 3 years of post-grad21 uate or post-registration clinical practice in 

22 general and emergency medicine; or 

23 ‘‘(ii) holds board certification in emer24 gency medicine, family practice medicine, 

25 or internal medicine; 


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1 ‘‘(B) is able to provide assistance in the 

2 event of an alleged sexual assault, has received 

3 training in conducting forensic sexual assault 

4 examination, and is able to promptly perform 

5 such an examination upon request and provide 

6 proper medical treatment of a victim, including 

7 administration of anti-retroviral medications 

8 and other medications that may prevent the 

9 transmission of human immunodeficiency virus 

10 and other sexually transmitted diseases; and 

11 ‘‘(C) meets guidelines established by the 

12 American College of Emergency Physicians re13 lating to the treatment and care of victims of 

14 sexual assault; 

15 ‘‘(4) prepare, provide to the patient, and main16 tain written documentation of the findings of such 

17 examination that is signed by the patient; and 

18 ‘‘(5) provide the patient free and immediate ac19 cess to— 

20 ‘‘(A) contact information for local law en21 forcement, the Federal Bureau of Investigation, 

22 the United States Coast Guard, the nearest 

23 United States consulate or embassy, and the 

24 National Sexual Assault Hotline program or 


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1 other third party victim advocacy hotline serv2 ice; and 

3 ‘‘(B) a private telephone line and Internet4 accessible computer terminal by which the indi5 vidual may confidentially access law enforce6 ment officials, an attorney, and the information 

7 and support services available through the Na8 tional Sexual Assault Hotline program or other 

9 third party victim advocacy hotline service. 

10 ‘‘(e) CONFIDENTIALITY OF SEXUAL ASSAULT EXAM11 INATION AND SUPPORT INFORMATION.—The master or 

12 other individual in charge of a vessel to which this section 

13 applies shall— 

14 ‘‘(1) treat all information concerning an exam15 ination under subsection (d) confidential, so that no 

16 medical information may be released to the cruise 

17 line or other owner of the vessel or any legal rep18 resentative thereof without the prior knowledge and 

19 approval in writing of the patient, or, if the patient 

20 is unable to provide written authorization, the pa21 tient’s next-of-kin, except that nothing in this para22 graph prohibits the release of— 

23 ‘‘(A) information, other than medical find24 ings, necessary for the owner or master of the 

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1 section (g) or other applicable incident report2 ing laws; 

3 ‘‘(B) information to secure the safety of 

4 passengers or crew on board the vessel; or 

5 ‘‘(C) any information to law enforcement 

6 officials performing official duties in the course 

7 and scope of an investigation; and 

8 ‘‘(2) treat any information derived from, or ob9 tained in connection with, post-assault counseling or 

10 other supportive services confidential, so no such in11 formation may be released to the cruise line or any 

12 legal representative thereof without the prior knowl13 edge and approval in writing of the patient, or, if 

14 the patient is unable to provide written authoriza15 tion, the patient’s next-of-kin. 

16 ‘‘(f) CREW ACCESS TO PASSENGER STATEROOMS.— 

17 The owner of a vessel to which this section applies shall— 

18 ‘‘(1) establish and implement procedures and 

19 restrictions concerning— 

20 ‘‘(A) which crew members have access to 

21 passenger staterooms; and 

22 ‘‘(B) the periods during which they have 

23 that access; and 


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1 ‘‘(2) ensure that the procedures and restrictions 

2 are fully and properly implemented and periodically 

3 reviewed. 

4 ‘‘(g) LOG BOOK AND REPORTING REQUIREMENTS.— 

5 ‘‘(1) IN GENERAL.—The owner of a vessel to 

6 which this section applies shall— 

7 ‘‘(A) record in a log book, either electroni8 cally or otherwise, in a centralized location 

9 readily accessible to law enforcement personnel, 

10 a report on— 

11 ‘‘(i) all complaints of crimes described 

12 in paragraph (3)(A)(i), 

13 ‘‘(ii) all complaints of theft of prop14 erty valued in excess of $1,000, and 

15 ‘‘(iii) all complaints of other crimes, 

16 committed on any voyage that embarks or dis17 embarks passengers in the United States; and 

18 ‘‘(B) make such log book available upon 

19 request to any agent of the Federal Bureau of 

20 Investigation, any member of the United States 

21 Coast Guard, and any law enforcement officer 

22 performing official duties in the course and 

23 scope of an investigation. 


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1 ‘‘(2) DETAILS REQUIRED.—The information re2 corded under paragraph (1) shall include, at a min3 imum— 

4 ‘‘(A) the vessel operator; 

5 ‘‘(B) the name of the cruise line; 

6 ‘‘(C) the flag under which the vessel was 

7 operating at the time the reported incident oc8 curred; 

9 ‘‘(D) the age and gender of the victim and 

10 the accused assailant; 

11 ‘‘(E) the nature of the alleged crime or 

12 complaint, as applicable, including whether the 

13 alleged perpetrator was a passenger or a crew 

14 member; 

15 ‘‘(F) the vessel’s position at the time of the 

16 incident, if known, or the position of the vessel 

17 at the time of the initial report; 

18 ‘‘(G) the time, date, and method of the ini19 tial report and the law enforcement authority to 

20 which the initial report was made; 

21 ‘‘(H) the time and date the incident oc22 curred, if known; 

23 ‘‘(I) the total number of passengers and 

24 the total number of crew members on the voy25 age; and 


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1 ‘‘(J) the case number or other identifier 

2 provided by the law enforcement authority to 

3 which the initial report was made. 

4 ‘‘(3) REQUIREMENT TO REPORT CRIMES AND

5 OTHER INFORMATION.— 

6 ‘‘(A) IN GENERAL.—The owner of a vessel 

7 to which this section applies (or the owner’s 

8 designee)— 

9 ‘‘(i) shall contact the nearest Federal 

10 Bureau of Investigation Field Office or 

11 Legal Attache by telephone as soon as pos12 sible after the occurrence on board the ves13 sel of an incident involving homicide, sus14 picious death, a missing United States na15 tional, kidnapping, assault with serious 

16 bodily injury, any offense to which section 

17 2241, 2242, 2243, or 2244 (a) or (c) of 

18 title 18 applies, firing or tampering with 

19 the vessel, or theft of money or property in 

20 excess of $10,000 to report the incident; 

21 ‘‘(ii) shall furnish a written report of 

22 the incident to the Secretary via an Inter23 net based portal; 

24 ‘‘(iii) may report any serious incident 

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1 ments of clause (i) and that does not re2 quire immediate attention by the Federal 

3 Bureau of Investigation via the Internet 

4 based portal maintained by the Secretary 

5 of Transportation; and 

6 ‘‘(iv) may report any other criminal 

7 incident involving passengers or crew mem8 bers, or both, to the proper State or local 

9 government law enforcement authority. 

10 ‘‘(B) INCIDENTS TO WHICH SUBPARA11 GRAPH (A) APPLIES.—Subparagraph (A) ap12 plies to an incident involving criminal activity 

13 if— 

14 ‘‘(i) the vessel, regardless of registry, 

15 is owned, in whole or in part, by a United 

16 States person, regardless of the nationality 

17 of the victim or perpetrator, and the inci18 dent occurs when the vessel is within the 

19 admiralty and maritime jurisdiction of the 

20 United States and outside the jurisdiction 

21 of any State; 

22 ‘‘(ii) the incident concerns an offense 

23 by or against a United States national 

24 committed outside the jurisdiction of any 

25 nation; 


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1 ‘‘(iii) the incident occurs in the Terri2 torial Sea of the United States, regardless 

3 of the nationality of the vessel, the victim, 

4 or the perpetrator; or 

5 ‘‘(iv) the incident concerns a victim or 

6 perpetrator who is a United States na7 tional on a vessel during a voyage that de8 parted from or will arrive at a United 

9 States port. 

10 ‘‘(4) AVAILABILITY OF INCIDENT DATA VIA

11 INTERNET.— 

12 ‘‘(A) WEBSITE.—The Secretary of Trans13 portation shall maintain a statistical compila14 tion of all incidents described in paragraph 

15 (3)(A)(i) on an Internet site that provides a nu16 merical accounting of the missing persons and 

17 alleged crimes recorded in each report filed 

18 under paragraph (3)(A)(i) that are no longer 

19 under investigation by the Federal Bureau of 

20 Investigation. The data shall be updated no less 

21 frequently than quarterly, aggregated by— 

22 ‘‘(i) cruise line, with each cruise line 

23 identified by name; and 

24 ‘‘(ii) whether each crime was com25 mitted by a passenger or a crew member. 


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1 ‘‘(B) ACCESS TO WEBSITE.—Each cruise 

2 line taking on or discharging passengers in the 

3 United States shall include a link on its Inter4 net website to the website maintained by the 

5 Secretary under subparagraph (A). 

6 ‘‘(h) ENFORCEMENT.— 

7 ‘‘(1) PENALTIES.— 

8 ‘‘(A) CIVIL PENALTY.—Any person that 

9 violates this section or a regulation under this 

10 section shall be liable for a civil penalty of not 

11 more than $25,000 for each day during which 

12 the violation continues, except that the max13 imum penalty for a continuing violation is 

14 $50,000. 

15 ‘‘(B) CRIMINAL PENALTY.—Any person 

16 that willfully violates this section or a regula17 tion under this section shall be fined not more 

18 than $250,000 or imprisoned not more than 1 

19 year, or both. 

20 ‘‘(2) DENIAL OF ENTRY.—The Secretary may 

21 deny entry into the United States to a vessel to 

22 which this section applies if the owner of the ves23 sel— 


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1 ‘‘(A) commits an act or omission for which 

2 a penalty may be imposed under this sub3 section; or 

4 ‘‘(B) fails to pay a penalty imposed on the 

5 owner under this subsection. 

6 ‘‘(i) PROCEDURES.—Within 6 months after the date 

7 of enactment of the Cruise Vessel Security and Safety Act 

8 of 2009, the Secretary shall issue guidelines, training cur9 ricula, and inspection and certification procedures nec10 essary to carry out the requirements of this section. 

11 ‘‘(j) REGULATIONS.—The Secretary of Transpor12 tation and the Commandant shall each issue such regula13 tions as are necessary to implement this section. 

14 ‘‘(k) APPLICATION.— 

15 ‘‘(1) IN GENERAL.—This section and section 

16 3508 apply to a passenger vessel (as defined in sec17 tion 2101(22)) that— 

18 ‘‘(A) is authorized to carry at least 250 

19 passengers; 

20 ‘‘(B) has onboard sleeping facilities for 

21 each passenger; 

22 ‘‘(C) is on a voyage that embarks or dis23 embarks passengers in the United States; and 

24 ‘‘(D) is not engaged on a coastwise voyage. 


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1 ‘‘(2) FEDERAL AND STATE VESSELS.—This sec2 tion and section 3508 do not apply to a vessel that 

3 is owned and operated by the United States Govern4 ment or a vessel that is owned and operated by a 

5 State. 

6 ‘‘(l) OWNER DEFINED.—In this section and section 

7 3508, the term ‘owner’ means the owner, charterer, man8 aging operator, master, or other individual in charge of 

9 a vessel. 

10 ‘‘§ 3508. Crime scene preservation training for pas11 senger vessel crew members 

12 ‘‘(a) IN GENERAL.—Within 1 year after the date of 

13 enactment of the Cruise Vessel Security and Safety Act 

14 of 2009, the Secretary, in consultation with the Director 

15 of the Federal Bureau of Investigation and the Maritime 

16 Administrator, shall develop training standards and cur17 ricula to allow for the certification of passenger vessel se18 curity personnel, crew members, and law enforcement offi19 cials on the appropriate methods for prevention, detection, 

20 evidence preservation, and reporting of criminal activities 

21 in the international maritime environment. The Adminis22 trator of the Maritime Administration may certify organi23 zations in the United States and abroad that offer the cur24 riculum for training and certification under subsection (c). 


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1 ‘‘(b) MINIMUM STANDARDS.—The standards estab2 lished by the Secretary under subsection (a) shall in3 clude— 

4 ‘‘(1) the training and certification of vessel se5 curity personnel, crew members, and law enforce6 ment officials in accordance with accepted law en7 forcement and security guidelines, policies, and pro8 cedures, including recommendations for incor9 porating a background check process for personnel 

10 trained and certified in foreign countries; 

11 ‘‘(2) the training of students and instructors in 

12 all aspects of prevention, detection, evidence preser13 vation, and reporting of criminal activities in the 

14 international maritime environment; and 

15 ‘‘(3) the provision or recognition of off-site 

16 training and certification courses in the United 

17 States and foreign countries to develop and provide 

18 the required training and certification described in 

19 subsection (a) and to enhance security awareness 

20 and security practices related to the preservation of 

21 evidence in response to crimes on board passenger 

22 vessels. 

23 ‘‘(c) CERTIFICATION REQUIREMENT.—Beginning 2 

24 years after the standards are established under subsection 

25 (b), no vessel to which this section applies may enter a 


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1 United States port on a voyage (or voyage segment) on 

2 which a United States citizen is a passenger unless there 

3 is at least 1 crew member onboard who is certified as hav4 ing successfully completed training in the prevention, de5 tection, evidence preservation, and reporting of criminal 

6 activities in the international maritime environment on 

7 passenger vessels under subsection (a). 

8 ‘‘(d) INTERIM TRAINING REQUIREMENT.—No vessel 

9 to which this section applies may enter a United States 

10 port on a voyage (or voyage segment) on which a United 

11 States citizen is a passenger unless there is at least 1 crew 

12 member onboard who has been properly trained in the pre13 vention, detection, evidence preservation and the reporting 

14 requirements of criminal activities in the international 

15 maritime environment. The owner of such a vessel shall 

16 maintain certification or other documentation, as pre17 scribed by the Secretary, verifying the training of such in18 dividual and provide such documentation upon request for 

19 inspection in connection with enforcement of the provi20 sions of this section. This subsection shall take effect 1 

21 year after the date of enactment of the Cruise Vessel Safe22 ty and Security Act of 2009 and shall remain in effect 

23 until superseded by the requirements of subsection (c). 


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1 ‘‘(e) CIVIL PENALTY.—Any person that violates this 

2 section or a regulation under this section shall be liable 

3 for a civil penalty of not more than $50,000. 

4 ‘‘(f) DENIAL OF ENTRY.—The Secretary may deny 

5 entry into the United States to a vessel to which this sec6 tion applies if the owner of the vessel— 

7 ‘‘(1) commits an act or omission for which a 

8 penalty may be imposed under subsection (e); or 

9 ‘‘(2) fails to pay a penalty imposed on the 

10 owner under subsection (e).’’. 

11 (b) CLERICAL AMENDMENT.—The table of contents 

12 for such chapter is amended by adding at the end the fol13 lowing: 

‘‘3507. Passenger vessel security and safety requirements. 

‘‘3508. Crime scene preservation training for passenger vessel crew members.’’. 

14 SEC. 904. STUDY AND REPORT ON THE SECURITY NEEDS OF 

15 PASSENGER VESSELS. 

16 (a) IN GENERAL.—Within 3 months after the date 

17 of enactment of this Act, the Secretary of the department 

18 in which the United States Coast Guard is operating shall 

19 conduct a study of the security needs of passenger vessels 

20 depending on number of passengers on the vessels, and 

21 report to the Congress findings of the study and rec22 ommendations for improving security on those vessels. 

23 (b) REPORT CONTENTS.—In recommending appro24 priate security on those vessels, the report shall take into 


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1 account typical crew member shifts, working conditions of 

2 crew members, and length of voyages. 

3 TITLE X—UNITED STATES 

4 MARINER PROTECTION 

5 SEC. 1001. SHORT TITLE. 

6 This title may be cited as the ‘‘United States Mariner 

7 and Vessel Protection Act of 2009’’. 

8 SEC. 1002. USE FORCE AGAINST PIRACY. 

9 (a) IN GENERAL.—Chapter 81 of title 46, United 

10 States Code, is amended by adding at the end the fol11 lowing new section: 

12 ‘‘§ 8107. Use of force against piracy 

13 ‘‘An owner, operator, time charterer, master, or mar14 iner who uses force, or authorizes the use of force, to de15 fend a vessel of the United States against an act of piracy 

16 shall not be liable for any injury or death caused by such 

17 force to any person participating in the act of piracy.’’. 

18 (b) CLERICAL AMENDMENT.—The analysis at the be19 ginning of such chapter is amended by adding at the end 

20 the following new item: 

‘‘8107. Use of force against piracy.’’. 

21 SEC. 1003. AGREEMENTS. 

22 To carry out the purpose of this title, the Secretary 

23 of the department in which the Coast Guard is operating 

24 shall work through the International Maritime Organiza25 tion to establish agreements to promote coordinated action 


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1 among flag- and port-states to deter, protect against, and 

2 rapidly respond to acts of piracy against the vessels of, 

3 and in the waters under the jurisdiction of, those nations, 

4 and to ensure limitations on liability similar to those es5 tablished by section 8107 of title 46, United States Code, 

6 as amended by this title. 

7 TITLE XI—MISCELLANEOUS 

8 PROVISIONS 

9 SEC. 1101. CERTIFICATE OF DOCUMENTATION FOR GAL10 LANT LADY. 

11 Section 1120(c) of the Coast Guard Authorization 

12 Act of 1996 (110 Stat. 3977) is amended— 

13 (1) in paragraph (1)— 

14 (A) by striking ‘‘of Transportation’’ and 

15 inserting ‘‘of the department in which the Coast 

16 Guard is operating’’; and 

17 (B) by striking subparagraph (A) and in18 serting the following: 

19 ‘‘(A) the vessel GALLANT LADY 

20 (Feadship hull number 672, approximately 168 

21 feet in length).’’; 

22 (2) by striking paragraphs (3) and (4) and re23 designating paragraph (5) as paragraph (3); and 


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1 (3) in paragraph (3) (as so redesignated) by 

2 striking all after ‘‘shall expire’’ and inserting ‘‘on 

3 the date of the sale of the vessel by the owner.’’. 

4 SEC. 1102. WAIVERS. 

5 Notwithstanding section 12112 and chapter 551 of 

6 title 46, United States Code, the Secretary of the depart7 ment in which the Coast Guard is operating may issue 

8 a certificate of documentation with a coastwise endorse9 ment for the following vessels: 

10 (1) OCEAN VERITAS (IMO Number 

11 7366805). 

12 (2) MAYA (United States official number 

13 11073). 

14 (3) ZIPPER (State of New York regulation 

15 number NY3205EB). 

16 (4) GULF DIVER IV (United States official 

17 number 553457). 

18 (5) M/V GEYSIR (United States official num19 ber 622178). 

20 SEC. 1103. GREAT LAKES MARITIME RESEARCH INSTITUTE. 

21 Section 605 of the Coast Guard and Maritime Trans22 portation Act of 2004 (118 Stat. 1052) is amended— 

23 (1) in subsection (b)(1)— 

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1 serting ‘‘The Institute shall conduct maritime 

2 transportation studies of the Great Lakes re3 gion, including studies that’’; 

4 (B) in subparagraphs (A), (B), (C), (E), 

5 (F), (H), (I), and (J) by striking ‘‘evaluates’’ 

6 and inserting ‘‘evaluate’’; 

7 (C) in subparagraphs (D) and (G) by 

8 striking ‘‘analyzes’’ and inserting ‘‘analyze’’; 

9 (D) by striking ‘‘and’’ at the end of sub10 paragraph (I); 

11 (E) by striking the period at the end of 

12 subparagraph (J) and inserting a semicolon; 

13 (F) by adding at the end the following: 

14 ‘‘(K) identify ways to improve the integra15 tion of the Great Lakes marine transportation 

16 system into the national transportation system; 

17 ‘‘(L) examine the potential of expanded op18 erations on the Great Lakes marine transpor19 tation system; 

20 ‘‘(M) identify ways to include intelligent 

21 transportation applications into the Great 

22 Lakes marine transportation system; 

23 ‘‘(N) analyze the effects and impacts of 

24 aging infrastructure and port corrosion on the 

25 Great Lakes marine transportation system; 


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1 ‘‘(O) establish and maintain a model Great 

2 Lakes marine transportation system database; 

3 and 

4 ‘‘(P) identify market opportunities for, and 

5 impediments to, the use of United States-flag 

6 vessels in trade with Canada on the Great 

7 Lakes.’’; and 

8 (2) by striking subsection (b)(4) and inserting 

9 the following: 

10 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

11 There are authorized to be appropriated to carry out 

12 paragraph (1)— 

13 ‘‘(A) $2,400,000 for fiscal year 2010; 

14 ‘‘(B) $2,500,000 for fiscal year 2011; 

15 ‘‘(C) $2,600,000 for fiscal year 2012; and 

16 ‘‘(D) $2,700,000 for fiscal year 2013.’’. 

17 SEC. 1104. CONVEYANCE OF COAST GUARD BOAT HOUSE, 

18 NANTUCKET, MASSACHUSETTS. 

19 (a) STATION BRANT POINT BOAT HOUSE.— 

20 (1) REQUIREMENT.—The Secretary of the de21 partment in which the Coast Guard is operating 

22 shall convey to the town of Nantucket, Massachu23 setts, all right, title, and interest of the United 

24 States in and to the buildings known as the Station 

25 Brant Point Boat House located at Coast Guard 


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1 Station Brant Point, Nantucket, Massachusetts, for 

2 use for a public purpose. 

3 (2) TERMS OF CONVEYANCE.—A conveyance of 

4 the building under paragraph (1) shall be made— 

5 (A) without the payment of consideration; 

6 and 

7 (B) subject to appropriate terms and con8 ditions the Secretary considers necessary. 

9 (3) REVERSIONARY INTEREST.—All right, title, 

10 and interest in property conveyed under this sub11 section shall revert to the United States if any por12 tion of the property is used other than for a public 

13 purpose. 

14 (b) LEASE.— 

15 (1) REQUIREMENT.—The Secretary of the de16 partment in which the Coast Guard is operating 

17 shall enter into a lease with the town of Nantucket 

18 that authorizes the town of Nantucket to occupy the 

19 land on which the buildings conveyed under sub20 section (a) are located, subject to appropriate terms 

21 and conditions the Secretary considers necessary. 

22 (2) LEASE TERM.—A lease under this sub23 section shall not expire before January 31, 2033. 

24 (3) TERMINATION OF LEASE.—If the Secretary 

25 determines that the property leased under paragraph 


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1 (1) is necessary for purposes of the Coast Guard, 

2 the Secretary— 

3 (A) may terminate the lease without pay4 ment of compensation; and 

5 (B) shall provide the town of Nantucket 

6 not less than 12 months notice of the require7 ment to vacate the site and move the buildings 

8 conveyed under subsection (a) to another loca9 tion. 

10 SEC. 1105. CREW WAGES ON PASSENGER VESSELS. 

11 (a) FOREIGN AND INTERCOASTAL VOYAGES.— 

12 (1) CAP ON PENALTY WAGES.—Section 

13 10313(g) of title 46, United States Code, is amend14 ed— 

15 (A) by striking ‘‘When’’ and inserting ‘‘(1) 

16 Subject to paragraph (2), when’’; and 

17 (B) by adding at the end the following: 

18 ‘‘(2) The total amount required to be paid under 

19 paragraph (1) with respect to all claims in a class action 

20 suit by seamen on a passenger vessel capable of carrying 

21 more than 500 passengers for wages under this section 

22 against a vessel master, owner, or operator or the em23 ployer of the seamen shall not exceed ten times the unpaid 

24 wages that are the subject of the claims. 


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1 ‘‘(3) A class action suit for wages under this sub2 section must be commenced within three years after the 

3 later of— 

4 ‘‘(A) the date of the end of the last voyage for 

5 which the wages are claimed; or 

6 ‘‘(B) the receipt, by a seaman who is a claimant 

7 in the suit, of a payment of wages that are the sub8 ject of the suit that is made in the ordinary course 

9 of employment.’’. 

10 (2) DEPOSITS.—Section 10315 of such title is 

11 amended by adding at the end the following: 

12 ‘‘(f) DEPOSITS IN SEAMAN ACCOUNT.—By written 

13 request signed by the seaman, a seaman employed on a 

14 passenger vessel capable of carrying more than 500 pas15 sengers may authorize the master, owner, or operator of 

16 the vessel, or the employer of the seaman, to make depos17 its of wages of the seaman into a checking, savings, invest18 ment, or retirement account, or other account to secure 

19 a payroll or debit card for the seaman if— 

20 ‘‘(1) the wages designated by the seaman for 

21 such deposit are deposited in a United States or 

22 international financial institution designated by the 

23 seaman; 

24 ‘‘(2) such deposits in the financial institution 

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1 national standards by the government of the country 

2 in which the financial institution is licensed; 

3 ‘‘(3) a written wage statement or pay stub, in4 cluding an accounting of any direct deposit, is deliv5 ered to the seaman no less often than monthly; and 

6 ‘‘(4) while on board the vessel on which the sea7 man is employed, the seaman is able to arrange for 

8 withdrawal of all funds on deposit in the account in 

9 which the wages are deposited.’’. 

10 (b) COASTWISE VOYAGES.— 

11 (1) CAP ON PENALTY WAGES.—Section 

12 10504(c) of such title is amended— 

13 (A) by striking ‘‘When’’ and inserting ‘‘(1) 

14 Subject to subsection (d), and except as pro15 vided in paragraph (2), when’’; and 

16 (B) by inserting at the end the following: 

17 ‘‘(2) The total amount required to be paid under 

18 paragraph (1) with respect to all claims in a class action 

19 suit by seamen on a passenger vessel capable of carrying 

20 more than 500 passengers for wages under this section 

21 against a vessel master, owner, or operator or the em22 ployer of the seamen shall not exceed ten times the unpaid 

23 wages that are the subject of the claims. 


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1 ‘‘(3) A class action suit for wages under this sub2 section must be commenced within three years after the 

3 later of— 

4 ‘‘(A) the date of the end of the last voyage for 

5 which the wages are claimed; or 

6 ‘‘(B) the receipt, by a seaman who is a claimant 

7 in the suit, of a payment of wages that are the sub8 ject of the suit that is made in the ordinary course 

9 of employment.’’. 

10 (2) DEPOSITS.—Section 10504 of such title is 

11 amended by adding at the end the following: 

12 ‘‘(f) DEPOSITS IN SEAMAN ACCOUNT.—On written 

13 request signed by the seaman, a seaman employed on a 

14 passenger vessel capable of carrying more than 500 pas15 sengers may authorize, the master, owner, or operator of 

16 the vessel, or the employer of the seaman, to make depos17 its of wages of the seaman into a checking, savings, invest18 ment, or retirement account, or other account to secure 

19 a payroll or debit card for the seaman if— 

20 ‘‘(1) the wages designated by the seaman for 

21 such deposit are deposited in a United States or 

22 international financial institution designated by the 

23 seaman; 

24 ‘‘(2) such deposits in the financial institution 

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1 national standards by the government of the country 

2 in which the financial institution is licensed; 

3 ‘‘(3) a written wage statement or pay stub, in4 cluding an accounting of any direct deposit, is deliv5 ered to the seaman no less often than monthly; and 

6 ‘‘(4) while on board the vessel on which the sea7 man is employed, the seaman is able to arrange for 

8 withdrawal of all funds on deposit in the account in 

9 which the wages are deposited.’’. 

10 SEC. 1106. TECHNICAL CORRECTIONS. 

11 (a) COAST GUARD AND MARITIME TRANSPORTATION

12 ACT OF 2006.—Effective with enactment of the Coast 

13 Guard and Maritime Transportation Act of 2006 (Public 

14 Law 109–241), such Act is amended— 

15 (1) in section 311(b) (120 Stat. 530) by insert16 ing ‘‘paragraphs (1) and (2) of’’ before ‘‘section 

17 8104(o)’’; 

18 (2) in section 603(a)(2) (120 Stat. 554) by 

19 striking ‘‘33 U.S.C. 2794(a)(2)’’ and inserting ‘‘33 

20 U.S.C. 2704(a)(2)’’; 

21 (3) in section 901(r)(2) (120 Stat. 566) by 

22 striking ‘‘the’’ the second place it appears; 

23 (4) in section 902(c) (120 Stat. 566) by insert24 ing ‘‘of the United States’’ after ‘‘Revised Statutes’’; 


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1 (5) in section 902(e) (120 Stat. 567) is amend2 ed— 

3 (A) by inserting ‘‘and’’ after the semicolon 

4 at the end of paragraph (1); 

5 (B) by striking ‘‘and’’ at the end of para6 graph (2)(A); and 

7 (C) by redesignating paragraphs (3) and 

8 (4) as subparagraphs (C) and (D) of paragraph 

9 (2), respectively, and aligning the left margin of 

10 such subparagraphs with the left margin of 

11 subparagraph (A) of paragraph (2); 

12 (6) in section 902(e)(2)(C) (as so redesignated) 

13 by striking ‘‘this section’’ and inserting ‘‘this para14 graph’’; 

15 (7) in section 902(e)(2)(D) (as so redesignated) 

16 by striking ‘‘this section’’ and inserting ‘‘this para17 graph’’; 

18 (8) in section 902(h)(1) (120 Stat. 567)— 

19 (A) by striking ‘‘Bisti/De-Na-Zin’’ and all 

20 that follows through ‘‘Protection’’ and inserting 

21 ‘‘Omnibus Parks and Public Lands Manage22 ment’’; and 

23 (B) by inserting a period after ‘‘Com24 mandant of the Coast Guard’’; 


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1 (9) in section 902(k) (120 Stat. 568) is amend2 ed— 

3 (A) by inserting ‘‘the Act of March 23, 

4 1906, commonly known as’’ before ‘‘the General 

5 Bridge’’; 

6 (B) by striking ‘‘491)’’ and inserting 

7 ‘‘494),’’; and 

8 (C) by inserting ‘‘each place it appears’’ 

9 before ‘‘and inserting’’; and 

10 (10) in section 902(o) (120 Stat. 569) by strik11 ing the period after ‘‘Homeland Security’’. 

12 (b) TITLE 14.— 

13 (1) The analysis for chapter 7 of title 14, 

14 United States Code, is amended by adding a period 

15 at the end of the item relating to section 149. 

16 (2) The analysis for chapter 17 of title 14, 

17 United States Code, is amended by adding a period 

18 at the end of the item relating to section 677. 

19 (3) The analysis for chapter 9 of title 14, 

20 United States Code, is amended by adding a period 

21 at the end of the item relating to section 198. 

22 (c) TITLE 46.— 

23 (1) The analysis for chapter 81 of title 46, 

24 United States Code, is amended by adding a period 

25 at the end of the item relating to section 8106. 


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1 (2) Section 70105(c)(3)(C) of such title is 

2 amended by striking ‘‘National Intelligence Direc3 tor’’ and inserting ‘‘Director of National Intel4 ligence’’. 

5 (d) DEEPWATER PORT ACT OF 1974.—Section 

6 5(c)(2) of the Deepwater Port Act of 1974 (33 U.S.C. 

7 1504(c)(2)) is amended by aligning the left margin of sub8 paragraph (K) with the left margin of subparagraph (L). 

9 (e) OIL POLLUTION ACT OF 1990.— 

10 (1) Section 1004(a)(2) of the Oil Pollution Act 

11 of 1990 (33 U.S.C. 2704(a)(2)) is amended by strik12 ing the first comma following ‘‘$800,000’’. 

13 (2) The table of sections in section 2 of such 

14 Act is amended by inserting a period at the end of 

15 the item relating to section 7002. 

16 (f) COAST GUARD AUTHORIZATION ACT OF 1996.— 

17 The table of sections in section 2 of the Coast Guard Au18 thorization Act of 1996 is amended in the item relating 

19 to section 103 by striking ‘‘reports’’ and inserting ‘‘re20 port’’. 

21 SEC. 1107. CONVEYANCE OF DECOMMISSIONED COAST 

22 GUARD CUTTER STORIS. 

23 (a) IN GENERAL.—Upon the scheduled decommis24 sioning of the Coast Guard Cutter STORIS, the Com25 mandant of the Coast Guard shall convey, without considVerDate Nov 24 2008 03:59 Sep 23, 2009 Jkt 079200 PO 00000 Frm 00249 Fmt 6652 Sfmt 6201 E:\BILLS\H3619.IH H3619

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1 eration, all right, title, and interest of the United States 

2 in and to that vessel to the USCG Cutter STORIS Mu3 seum and Maritime Education Center, LLC, located in the 

4 State of Alaska if the recipient— 

5 (1) agrees— 

6 (A) to use the vessel for purposes of a mu7 seum and historical display; 

8 (B) not to use the vessel for commercial 

9 transportation purposes; 

10 (C) to make the vessel available to the 

11 United States Government if needed for use by 

12 the Commandant in time of war or a national 

13 emergency; and 

14 (D) to hold the Government harmless for 

15 any claims arising from exposure to hazardous 

16 materials, including asbestos and poly17 chlorinated biphenyls, after conveyance of the 

18 vessel, except for claims arising from the use by 

19 the Government under subparagraph (C); 

20 (2) has funds available that will be committed 

21 to operate and maintain in good working condition 

22 the vessel conveyed, in the form of cash, liquid as23 sets, or a written loan commitment and in an 

24 amount of at least $700,000; and 


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1 (3) agrees to any other conditions the Com2 mandant considers appropriate. 

3 (b) MAINTENANCE AND DELIVERY OF VESSEL.— 

4 (1) MAINTENANCE.—Before conveyance of the 

5 vessel under this section, the Commandant shall 

6 make, to the extent practical and subject to other 

7 Coast Guard mission requirements, every effort to 

8 maintain the integrity of the vessel and its equip9 ment until the time of delivery. 

10 (2) DELIVERY.—If a conveyance is made under 

11 this section, the Commandant shall deliver the vessel 

12 to a suitable mooring in the local area in its present 

13 condition. 

14 (3) TREATMENT OF CONVEYANCE.—The con15 veyance of the vessel under this section shall not be 

16 considered a distribution in commerce for purposes 

17 of section 6(e) of Public Law 94–469 (15 U.S.C. 

18 2605(e)). 

19 (c) OTHER EXCESS EQUIPMENT.—The Commandant 

20 may convey to the recipient of a conveyance under sub21 section (a) any excess equipment or parts from other de22 commissioned Coast Guard vessels for use to enhance the 

23 operability and function of the vessel conveyed under sub24 section (a) for purposes of a museum and historical dis25 play. 


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1 SEC. 1108. CONVEYANCE OF COAST GUARD HU–25 FALCON 

2 JET AIRCRAFT. 

3 (a) AUTHORITY TO CONVEY.—Notwithstanding any 

4 other law, the Commandant of the Coast Guard may con5 vey to the Elizabeth City State University (in this section 

6 referred to as the ‘‘University’’), a public university lo7 cated in the State of North Carolina, without consider8 ation all right, title, and interest of the United States in 

9 an HU–25 Falcon Jet aircraft under the administrative 

10 jurisdiction of the Coast Guard that the Commandant de11 termines— 

12 (1) is appropriate for use by the University; 

13 and 

14 (2) is excess to the needs of the Coast Guard. 

15 (b) CONDITIONS.— 

16 (1) IN GENERAL.—As a condition of conveying 

17 an aircraft to the University under subsection (a), 

18 the Commandant shall enter into an agreement with 

19 the University under which the University agrees— 

20 (A) to utilize the aircraft for educational 

21 purposes or other public purposes as jointly 

22 agreed upon by the Commandant and the Uni23 versity before conveyance; and 

24 (B) to hold the United States harmless for 

25 any claim arising with respect to the aircraft 

26 after conveyance of the aircraft. 


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1 (2) REVERSIONARY INTEREST.—If the Com2 mandant determines that the recipient violated sub3 paragraph (A) or (B) of paragraph (1), then— 

4 (A) all right, title, and interest in the air5 craft shall revert to the United States; 

6 (B) the United States shall have the right 

7 to immediate possession of the aircraft; and 

8 (C) the recipient shall pay the United 

9 States for its costs incurred in recovering the 

10 aircraft for such violation. 

11 (c) LIMITATION ON FUTURE TRANSFERS.— 

12 (1) IN GENERAL.—The Commandant shall in13 clude in the instruments for the conveyance a re14 quirement that any further conveyance of an interest 

15 in the aircraft may not be made without the ap16 proval in advance of the Commandant. 

17 (2) REVERSIONARY INTEREST.—If the Com18 mandant determines that an interest in the aircraft 

19 was conveyed without such approval, then— 

20 (A) all right, title, and interest in the air21 craft shall revert to the United States; 

22 (B) the United States shall have the right 

23 to immediate possession of the aircraft; and 


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1 (C) the recipient shall pay the United 

2 States for its costs incurred in recovering the 

3 aircraft for such a violation. 

4 (d) DELIVERY OF AIRCRAFT.—The Commandant 

5 shall deliver the aircraft conveyed under subsection (a)— 

6 (1) at the place where the aircraft is located on 

7 the date of the conveyance; 

8 (2) in its condition on the date of conveyance; 

9 and 

10 (3) without cost to the United States. 

11 (e) ADDITIONAL TERMS AND CONDITIONS.—The 

12 Commandant may require such additional terms and con13 ditions in connection with the conveyance required by sub14 section (a) as the Commandant considers appropriate to 

15 protect the interests of the United States. 

16 SEC. 1109. DECOMMISSIONED COAST GUARD VESSELS FOR 

17 HAITI. 

18 (a) IN GENERAL.—Notwithstanding any other law, 

19 upon the scheduled decommissioning of any Coast Guard 

20 41-foot patrol boat, the Commandant of the Coast Guard 

21 shall give the Government of Haiti a right-of-first-refusal 

22 for conveyance of that vessel to the Government of Haiti, 

23 if that Government of Haiti agrees— 

24 (1) to use the vessel for the Coast Guard of 

25 Haiti; 


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1 (2) to make the vessel available to the United 

2 States Government if needed for use by the Com3 mandant in time of war or national emergency; 

4 (3) to hold the United States Government 

5 harmless for any claims arising from exposure to 

6 hazardous materials, including asbestos and poly7 chlorinated biphenyls, after conveyance of the vessel, 

8 except for claims arising from the use by the United 

9 States Government under paragraph (2); and 

10 (4) to any other conditions the Commandant 

11 considers appropriate. 

12 (b) LIMITATION.—The Commandant may not convey 

13 more than 10 vessels to the Government of Haiti pursuant 

14 to this section. 

15 (c) MAINTENANCE AND DELIVERY OF VESSEL.— 

16 (1) MAINTENANCE.—Before conveyance of a 

17 vessel under this section, the Commandant shall 

18 make, to the extent practical and subject to other 

19 Coast Guard mission requirements, every effort to 

20 maintain the integrity of the vessel and its equip21 ment until the time of delivery. 

22 (2) DELIVERY.—If a conveyance is made under 

23 this section, the Commandant shall deliver a vessel 

24 to a suitable mooring in the local area in its present 

25 condition. 


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1 (3) TREATMENT OF CONVEYANCE.—The con2 veyance of a vessel under this section shall not be 

3 considered a distribution in commerce for purposes 

4 of section 6(e) of Public Law 94–469 (15 U.S.C. 

5 2605(e)). 

6 SEC. 1110. PHASEOUT OF VESSELS SUPPORTING OIL AND 

7 GAS DEVELOPMENT. 

8 (a) IN GENERAL.—Notwithstanding section 

9 12111(d) of title 46, United States Code, foreign-flag ves10 sels may be chartered by, or on behalf of, a lessee to be 

11 employed for the setting, relocation, or recovery of anchors 

12 or other mooring equipment of a mobile offshore drilling 

13 unit that is located over the Outer Continental Shelf (as 

14 defined in section 2(a) of the Outer Continental Shelf 

15 Lands Act (43 U.S.C. 1331(a)) for operations in support 

16 of exploration, or flow-testing and stimulation of wells, for 

17 offshore mineral or energy resources in the Beaufort Sea 

18 or the Chukchi Sea adjacent to Alaska— 

19 (1) for a 1-year period from the date the lessee 

20 gives the Secretary of Transportation written notice 

21 of the commencement of such exploration drilling if 

22 the Secretary determines, after publishing notice in 

23 the Federal Register, that insufficient vessels docu24 mented under section 12111(d) of title 46, United 

25 States Code, are reasonably available and suitable 


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1 for these support operations and all such reasonably 

2 available and suitable vessels are employed in sup3 port of such operations; and 

4 (2) for an additional period until such vessels 

5 are available if the Secretary of Transportation de6 termines— 

7 (A) that, by April 30 of the year following 

8 the commencement of exploration drilling, the 

9 lessee has entered into a binding agreement to 

10 employ a suitable vessel or vessels to be docu11 mented under section 12111(d) of title 46, 

12 United States Code, in sufficient numbers and 

13 with sufficient suitability to replace any foreign14 flag vessel or vessels operating under this sec15 tion; and 

16 (B) after publishing notice in the Federal 

17 Register, that insufficient vessels documented 

18 under section 12111(d) of title 46, United 

19 States Code, are reasonably available and suit20 able for these support operations and all such 

21 reasonably available and suitable vessels are 

22 employed in support of such operations. 

23 (b) EXPIRATION.—Irrespective of the year in which 

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1 ployed for the setting, relocation, or recovery of anchors 

2 or other mooring equipment of a mobile offshore drilling 

3 unit after December 31, 2017. 

4 (c) LESSEE DEFINED.—In this section, the term 

5 ‘‘lessee’’ means the holder of a lease (as defined in section 

6 1331(c) of title 43, United States Code), who, prior to 

7 giving the written notice in subsection (a)(1), has entered 

8 into a binding agreement to employ a suitable vessel docu9 mented or to be documented under section 12111(d) of 

10 title 46, United States Code. 

11 (d) SAVINGS PROVISION.—Nothing in subsection (a) 

12 may be construed to authorize the employment in the 

13 coastwise trade of a vessel that does not meet the require14 ments of section 12112 of title 46, United States Code. 

15 SEC. 1111. VESSEL TRAFFIC RISK ASSESSMENT. 

16 (a) REQUIREMENT.—The Commandant of the Coast 

17 Guard, acting through the appropriate Area Committee 

18 established under section 311(j)(4) of the Federal Water 

19 Pollution Control Act, shall prepare a vessel traffic risk 

20 assessment for Cook Inlet, Alaska, within one year after 

21 the date of enactment of this Act. 

22 (b) CONTENTS.—The assessment shall describe, for 

23 the region covered by the assessment— 

24 (1) the amount and character of present and 

25 estimated future shipping traffic in the region; and 


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1 (2) the current and projected use and effective2 ness in reducing risk, of— 

3 (A) traffic separation schemes and routing 

4 measures; 

5 (B) long-range vessel tracking systems de6 veloped under section 70115 of title 46, United 

7 States Code; 

8 (C) towing, response, or escort tugs; 

9 (D) vessel traffic services; 

10 (E) emergency towing packages on vessels; 

11 (F) increased spill response equipment in12 cluding equipment appropriate for severe weath13 er and sea conditions; 

14 (G) the Automatic Identification System 

15 developed under section 70114 of title 46, 

16 United States Code; 

17 (H) particularly sensitive sea areas, areas 

18 to be avoided, and other traffic exclusion zones; 

19 (I) aids to navigation; and 

20 (J) vessel response plans. 

21 (c) RECOMMENDATIONS.— 

22 (1) IN GENERAL.—The assessment shall include 

23 any appropriate recommendations to enhance the 

24 safety, or lessen potential adverse environmental im25 pacts, of marine shipping. 


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1 (2) CONSULTATION.—Before making any rec2 ommendations under paragraph (1) for a region, the 

3 Area Committee shall consult with affected local, 

4 State, and Federal government agencies, representa5 tives of the fishing industry, Alaska Natives from 

6 the region, the conservation community, and the 

7 merchant shipping and oil transportation industries. 

8 (d) PROVISION TO CONGRESS.—The Commandant 

9 shall provide a copy of the assessment to the Committee 

10 on Transportation and Infrastructure of the House of 

11 Representatives and the Committee on Commerce, 

12 Science, and Transportation of the Senate. 

13 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to the Commandant 

15 $1,000,000 for fiscal year 2010 to the conduct the assess16 ment. 

17 SEC. 1112. STUDY OF RELOCATION OF COAST GUARD SEC18 TOR BUFFALO FACILITIES. 

19 (a) PURPOSES.—The purposes of this section are— 

20 (1) to authorize a project study to evaluate the 

21 feasibility of consolidating and relocating Coast 

22 Guard facilities at Coast Guard Sector Buffalo with23 in the study area; 


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1 (2) to obtain a preliminary plan for the design, 

2 engineering, and construction for the consolidation 

3 of Coast Guard facilities at Sector Buffalo; and 

4 (3) to distinguish what Federal lands, if any, 

5 shall be identified as excess after the consolidation. 

6 (b) DEFINITIONS.—In this section: 

7 (1) COMMANDANT.—The term ‘‘Commandant’’ 

8 means the Commandant of the Coast Guard. 

9 (2) SECTOR BUFFALO.—The term ‘‘Sector Buf10 falo’’ means Coast Guard Sector Buffalo of the 

11 Ninth Coast Guard District. 

12 (3) STUDY AREA.—The term ‘‘study area’’ 

13 means the area consisting of approximately 31 acres 

14 of real property and any improvements thereon that 

15 are commonly identified as Coast Guard Sector Buf16 falo, located at 1 Fuhrmann Boulevard, Buffalo, 

17 New York, and under the administrative control of 

18 the Coast Guard. 

19 (c) STUDY.— 

20 (1) IN GENERAL.—Within 12 months after the 

21 date on which funds are first made available to carry 

22 out this section, the Commandant shall conduct a 

23 project proposal report of the study area and shall 

24 submit such report to the Committee on Commerce, 

25 Science, and Transportation of the Senate and the 


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1 Committee on Transportation and Infrastructure of 

2 the House of Representatives. 

3 (2) REQUIREMENTS.—The project proposal re4 port shall— 

5 (A) evaluate the most cost-effective method 

6 for providing shore facilities to meet the oper7 ational requirements of Sector Buffalo; 

8 (B) determine the feasibility of consoli9 dating and relocating shore facilities on a por10 tion of the existing site, while— 

11 (i) meeting the operational require12 ments of Sector Buffalo; and 

13 (ii) allowing the expansion of oper14 ational requirements of Sector Buffalo; 

15 and 

16 (C) contain a preliminary plan for the de17 sign, engineering, and construction of the pro18 posed project, including— 

19 (i) the estimated cost of the design, 

20 engineering, and construction of the pro21 posed project; 

22 (ii) an anticipated timeline of the pro23 posed project; and 


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1 (iii) a description of what Federal 

2 lands, if any, shall be considered excess to 

3 Coast Guard needs. 

4 (d) LIMITATION.—Nothing in this section shall affect 

5 the current administration and management of the study 

6 area. 

7 SEC. 1113. CONVEYANCE OF COAST GUARD VESSELS TO 

8 MISSISSIPPI. 

9 (a) AUTHORITY TO CONVEY.—Notwithstanding the 

10 Federal Property and Administrative Services Act of 

11 1949, the Commandant of the Coast Guard may convey 

12 to each recipient described in subsection (b) (in this sec13 tion referred to as the ‘‘Sheriff’s Department’’), without 

14 consideration all right, title, and interest of the United 

15 States in and to a Coast Guard trailerable boat, ranging 

16 from 17 feet to 30 feet in size, that the Commandant de17 termines— 

18 (1) is appropriate for use by the Sheriff’s De19 partment; and 

20 (2) is excess to the needs of the Coast Guard 

21 and the Department of Homeland Security. 

22 (b) RECIPIENTS.—The recipients referred to in sub23 section (a) are the following: 

24 (1) The Sheriff’s Department of Coahoma 

25 County, Mississippi. 


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1 (2) The Sheriff’s Department of Warren Coun2 ty, Mississippi. 

3 (3) The Sheriff’s Department of Washington 

4 County, Mississippi. 

5 (c) CONDITION.—As a condition of conveying a vessel 

6 under the authority provided in subsection (a), the Com7 mandant shall enter into an agreement with the Sheriff’s 

8 Department under which the Sheriff’s Department 

9 agrees— 

10 (1) to utilize the vessel for homeland security 

11 and other appropriate purposes as jointly agreed 

12 upon by the Commandant and the Sheriff’s Depart13 ment before conveyance; and 

14 (2) to take the vessel ‘‘as is’’ and to hold the 

15 United States harmless for any claim arising with 

16 respect to that vessel after conveyance of the vessel, 

17 including any claims arising from the condition of 

18 the vessel and its equipment or exposure to haz19 ardous materials. 

20 (d) DELIVERY OF VESSEL.—The Commandant shall 

21 deliver the vessel conveyed under the authority provided 

22 in subsection (a)— 

23 (1) at the place where the vessel is located on 

24 the date of the conveyance; 


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1 (2) in its condition on the date of conveyance; 

2 and 

3 (3) without cost to the United States. 

4 (e) OTHER EXCESS EQUIPMENT.—The Commandant 

5 may further convey any excess equipment or parts from 

6 other Coast Guard vessels, which are excess to the needs 

7 of the Coast Guard and the Department of Homeland Se8 curity, to the Sheriff’s Department for use to enhance the 

9 operability of the vessel conveyed under the authority pro10 vided in subsection (a). 

11 (f) ADDITIONAL TERMS AND CONDITIONS.—The 

12 Commandant may require such additional terms and con13 ditions in connection with the conveyance authorized by 

14 subsection (a) as the Commandant considers appropriate 

15 to protect the interests of the United States. 

16 SEC. 1114. COAST GUARD ASSETS FOR UNITED STATES VIR17 GIN ISLANDS. 

18 (a) IN GENERAL.—The Secretary of Homeland Secu19 rity may station additional Coast Guard assets in the 

20 United States Virgin Islands for port security and other 

21 associated purposes. 

22 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to the Secretary for fis24 cal year 2010 such sums as are necessary to carry out 

25 this section. 


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1 SEC. 1115. OFFICER REQUIREMENTS FOR DISTANT WATER 

2 TUNA VESSELS. 

3 Section 8103 of title 46, United States Code, is 

4 amended by adding at the end the follow new subsection: 

5 ‘‘(l) OFFICER REQUIREMENTS FOR DISTANT WATER

6 TUNA VESSELS.— 

7 ‘‘(1) CITIZENSHIP.—Notwithstanding sub8 section (a), a purse seine tuna fishing vessel docu9 mented under chapter 121 fishing exclusively for 

10 highly migratory species under a fishing license 

11 issued pursuant to the 1987 Treaty on Fisheries Be12 tween the Governments of Certain Pacific Islands 

13 States and the Government of the United States of 

14 America in the treaty area (as that term is used in 

15 that treaty), or transiting to or from the treaty area 

16 exclusively for such purpose, may engage an indi17 vidual who is not a citizen of the United States to 

18 fill a vacancy in a position referred to in subsection 

19 (a) (except for the master) if, after timely public no20 tice of the vacancy, no United States citizens are 

21 readily available to fill the vacancy. 

22 ‘‘(2) RESTRICTIONS.— 

23 ‘‘(A) IN GENERAL.—An individual may not 

24 be engaged under paragraph (1) unless the in25 dividual holds a valid license or certificate 

26 issued— 


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1 ‘‘(i) in accordance with the standards 

2 established by the 1995 amendments to 

3 the Convention on Standards of Training, 

4 Certification and Watchkeeping for Sea5 farers, 1978 (STCW 95); and 

6 ‘‘(ii) by an authority that the Sec7 retary of the department in which the 

8 Coast Guard is operating recognizes as im9 posing competency and training standards 

10 equivalent to or exceeding those required 

11 for a issued under chapter 71. 

12 ‘‘(B) LIMITATION ON APPLICATION.— 

13 Paragraph (1) applies only to engagement of an 

14 individual on a vessel that— 

15 ‘‘(i) is homeported in American 

16 Samoa, Guam, or the Northern Mariana 

17 Islands; and 

18 ‘‘(ii) has passed an annual commercial 

19 fishing vessel safety exam administered by 

20 a individual authorized to enforce this title. 

21 ‘‘(3) TREATMENT OF EQUIVALENT LICENSE.— 

22 The Secretary of the department in which the Coast 

23 Guard is operating shall treat a license held by an 

24 individual engaged under paragraph (1) that was 

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1 quirements of section 8304 with respect to that en2 gagement, if the Secretary determines that the 

3 standards for issuing that license are equivalent to 

4 the standards that apply under that section.’’. 

5 SEC. 1116. ASSESSMENT OF NEEDS FOR ADDITIONAL COAST 

6 GUARD PRESENCE IN HIGH LATITUDE RE7 GIONS. 

8 Within 270 days after the date of enactment of this 

9 Act, the Secretary of the department in which the Coast 

10 Guard is operating shall submit a report to the Committee 

11 on Commerce, Science, and Transportation of the Senate 

12 and the Committee on Transportation and Infrastructure 

13 of the House of Representatives assessing the need for ad14 ditional Coast Guard prevention and response capability 

15 in the high latitude regions. The assessment shall address 

16 needs for all Coast Guard mission areas, including search 

17 and rescue, marine pollution response and prevention, 

18 fisheries enforcement, and maritime commerce. The Sec19 retary shall include in the report— 

20 (1) an assessment of the high latitude operating 

21 capabilities of all current Coast Guard assets, in22 cluding assets acquired under the Deepwater pro23 gram; 


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1 (2) an assessment of projected needs for Coast 

2 Guard forward operating bases in the high latitude 

3 regions; 

4 (3) an assessment of shore infrastructure, per5 sonnel, logistics, communications, and resources re6 quirements to support Coast Guard forward oper7 ating bases in the high latitude regions; 

8 (4) an assessment of the need for high latitude 

9 icebreaking capability and the capability of the cur10 rent high latitude icebreaking assets of the Coast 

11 Guard, including— 

12 (A) whether the Coast Guard’s high lati13 tude icebreaking fleet is meeting current mis14 sion performance goals; 

15 (B) whether the fleet is capable of meeting 

16 projected mission performance goals; and 

17 (C) an assessment of the material condi18 tion, safety, and working conditions aboard 

19 high latitude icebreaking assets, including the 

20 effect of those conditions on mission perform21 ance; 

22 (5) a detailed estimate of acquisition costs for 

23 each of the assets (including shore infrastructure) 

24 necessary for additional prevention and response ca25 pability in high latitude regions for all Coast Guard 


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1 mission areas, and an estimate of operations and 

2 maintenance costs for such assets for the initial 10- 

3 year period of operations; and 

4 (6) detailed cost estimates (including operating 

5 and maintenance for a period of 10 years) for high 

6 latitude icebreaking capability to ensure current and 

7 projected future mission performance goals are met, 

8 including estimates of the costs to— 

9 (A) renovate and modernize the Coast 

10 Guard’s existing high latitude icebreaking fleet; 

11 and 

12 (B) replace the Coast Guard’s existing 

13 high latitude icebreaking fleet. 

14 SEC. 1117. STUDY OF REGIONAL RESPONSE VESSEL AND 

15 SALVAGE CAPABILITY FOR OLYMPIC PENIN16 SULA COAST, WASHINGTON. 

17 No later than 180 days after the date of enactment 

18 of this Act, the Secretary of the department in which the 

19 Coast Guard is operating shall study through the National 

20 Academy of Sciences the need for regional response vessel 

21 and salvage capability for the State of Washington Olym22 pic Peninsula coast. In conducting the study, the National 

23 Academy of Sciences shall consult with Federal, State, 

24 and tribal officials and other relevant stakeholders. The 

25 study shall— 


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1 (1) identify the capabilities, equipment, and fa2 cilities necessary for a response vessel in the entry 

3 to the Strait of Juan de Fuca at Neah Bay in order 

4 to optimize oil spill protection on Washington’s 

5 Olympic Peninsula coast and provide rescue towing 

6 services, oil spill response, and salvage and fire7 fighting capabilities; 

8 (2) analyze the multimission capabilities nec9 essary for a rescue vessel and the need for that ves10 sel to utilize cached salvage, oil spill response, and 

11 oil storage equipment while responding to a spill or 

12 a vessel in distress, and make recommendations as 

13 to the placement of such equipment; 

14 (3) address scenarios that consider all vessel 

15 types and weather conditions and compare current 

16 Neah Bay rescue vessel capabilities, costs, and bene17 fits with other United States industry-funded re18 sponse vessels, including those currently operating in 

19 Alaska’s Prince William Sound; 

20 (4) determine whether the current level of pro21 tection afforded by the Neah Bay response vessel 

22 and associated response equipment is comparable to 

23 protection in other locations where response vessels 

24 operate, including Prince William Sound, Alaska, 

25 and if it is not comparable, make recommendations 


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1 regarding how capabilities, equipment, and facilities 

2 should be modified to achieve optimum protection; 

3 and 

4 (5) consider pending firefighting and salvage 

5 regulations developed pursuant to the Oil Pollution 

6 Act of 1990. 

7 SEC. 1118. STUDY OF BRIDGES OVER NAVIGABLE WATERS. 

8 The Secretary of Transportation shall submit to the 

9 Committee on Commerce, Science, and Transportation of 

10 the Senate and the Committee on Transportation and In11 frastructure of the House of Representatives a comprehen12 sive study on the proposed construction or alteration of 

13 any bridge, drawbridge, or causeway over navigable waters 

14 with a channel depth of 25 feet or greater of the United 

15 States that may impede or obstruct future navigation to 

16 or from port facilities. 

17 SEC. 1119. LIMITATION ON JURISDICTION OF STATES TO 

18 TAX CERTAIN SEAMEN. 

19 Section 11108(b)(2)(B) of title 46, United States 

20 Code, is amended to read as follows: 

21 ‘‘(B) who performs regularly assigned du22 ties while engaged as a master, officer, or crew23 man on a vessel operating on navigable waters 

24 in 2 or more States.’’. 


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1 SEC. 1120. DECOMMISSIONED COAST GUARD VESSELS FOR 

2 BERMUDA. 

3 (a) IN GENERAL.—Notwithstanding any other law, 

4 upon the scheduled decommissioning of any Coast Guard 

5 41-foot patrol boat and after the Government of Haiti has 

6 exercised all of their options under section 1109, the Com7 mandant of the Coast Guard shall give the Government 

8 of Bermuda a right-of-first-refusal for conveyance of that 

9 vessel to the Government of Bermuda, if that Government 

10 of Bermuda agrees— 

11 (1) to use the vessel for the Coast Guard of 

12 Bermuda; 

13 (2) to make the vessel available to the United 

14 States Government if needed for use by the Com15 mandant in time of war or national emergency; 

16 (3) to hold the United States Government 

17 harmless for any claims arising from exposure to 

18 hazardous materials, including asbestos and poly19 chlorinated biphenyls, after conveyance of the vessel, 

20 except for claims arising from the use by the United 

21 States Government under paragraph (2); and 

22 (4) to any other conditions the Commandant 

23 considers appropriate. 

24 (b) LIMITATION.—The Commandant may not convey 

25 more than 3 vessels to the Government of Bermuda pursu26 ant to this section. 


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1 (c) MAINTENANCE AND DELIVERY OF VESSEL.— 

2 (1) MAINTENANCE.—Before conveyance of a 

3 vessel under this section, the Commandant shall 

4 make, to the extent practical and subject to other 

5 Coast Guard mission requirements, every effort to 

6 maintain the integrity of the vessel and its equip7 ment until the time of delivery. 

8 (2) DELIVERY.—If a conveyance is made under 

9 this section, the Commandant shall deliver a vessel 

10 to a suitable mooring in the local area in its present 

11 condition. 

12 (3) TREATMENT OF CONVEYANCE.—The con13 veyance of a vessel under this section shall not be 

14 considered a distribution in commerce for purposes 

15 of section 6(e) of Public Law 94–469 (15 U.S.C. 

16 2605(e)). 

17 SEC. 1121. CONVEYANCE OF COAST GUARD VESSELS TO 

18 NASSAU COUNTY, NEW YORK. 

19 (a) AUTHORITY TO CONVEY.—Notwithstanding the 

20 Federal Property and Administrative Services Act of 

21 1949, the Commandant of the Coast Guard may convey 

22 to the Police Department of Nassau County, New York 

23 (in this section referred to as the ‘‘Police Department’’), 

24 without consideration all right, title, and interest of the 


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1 United States in and to two Coast Guard 41-foot patrol 

2 boats that the Commandant determines— 

3 (1) is appropriate for use by the Police Depart4 ment; and 

5 (2) is excess to the needs of the Coast Guard 

6 and the Department of Homeland Security. 

7 (b) CONDITION.—As a condition of conveying a vessel 

8 under the authority provided in subsection (a), the Com9 mandant shall enter into an agreement with the Police De10 partment under which the Police Department agrees— 

11 (1) to utilize the vessel for homeland security 

12 and other appropriate purposes as jointly agreed 

13 upon by the Commandant and the Police Depart14 ment before conveyance; and 

15 (2) to take the vessel ‘‘as is’’ and to hold the 

16 United States harmless for any claim arising with 

17 respect to that vessel after conveyance of the vessel, 

18 including any claims arising from the condition of 

19 the vessel and its equipment or exposure to haz20 ardous materials. 

21 (c) DELIVERY OF VESSEL.—The Commandant shall 

22 deliver a vessel conveyed under the authority provided in 

23 subsection (a)— 

24 (1) at the place where the vessel is located on 

25 the date of the conveyance; 


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1 (2) in its condition on the date of conveyance; 

2 and 

3 (3) without cost to the United States. 

4 (d) OTHER EXCESS EQUIPMENT.—The Commandant 

5 may further convey any excess equipment or parts from 

6 other Coast Guard vessels, which are excess to the needs 

7 of the Coast Guard and the Department of Homeland Se8 curity, to the Police Department for use to enhance the 

9 operability of a vessel conveyed under the authority pro10 vided in subsection (a). 

11 (e) ADDITIONAL TERMS AND CONDITIONS.—The 

12 Commandant may require such additional terms and con13 ditions in connection with a conveyance authorized by sub14 section (a) as the Commandant considers appropriate to 

15 protect the interests of the United States. 

16 SEC. 1122. NEWTOWN CREEK, NEW YORK CITY, NEW YORK. 

17 (a) STUDY.—The Administrator of the Environ18 mental Protection Agency shall conduct a study on the 

19 public health, safety, and environmental concerns related 

20 to the underground petroleum spill on the Brooklyn shore21 line of Newtown Creek, New York City, New York, in 

22 Greenpoint, Brooklyn, New York. 

23 (b) FULL-SITE CHARACTERIZATION AND COLLEC24 TION OF NEW FIELD EVIDENCE.—In carrying out the 

25 study under this section, the Administrator shall conduct 


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1 a full-site characterization of the underground petroleum 

2 spill, including the investigation, collection, and analysis 

3 of new and updated data and field evidence on the extent 

4 of the petroleum spill, including any portion of the spill 

5 that has been diluted into surrounding waters, and any 

6 surrounding soil contamination or soil vapor contamina7 tion. 

8 (c) REPORT.—Not later than one year after the date 

9 of enactment of this Act, the Administrator shall submit 

10 a report containing the results of the study to the Com11 mittee on Environment and Public Works and the Com12 mittee on Commerce, Science, and Transportation of the 

13 Senate and the Committee on Transportation and Infra14 structure of the House of Representatives. 

15 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to carry out this section 

17 $5,000,000. 

18 SEC. 1123. LAND CONVEYANCE, COAST GUARD PROPERTY 

19 IN MARQUETTE COUNTY, MICHIGAN, TO THE 

20 CITY OF MARQUETTE, MICHIGAN. 

21 (a) CONVEYANCE AUTHORIZED.—(1) Notwith22 standing any other provision of law, the Commandant of 

23 the Coast Guard shall convey, without consideration, to 

24 the City of Marquette, Michigan (in this section referred 

25 to as the ‘‘City’’), all right, title, and interest of the United 


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1 States in and to a parcel of real property, together with 

2 any improvements thereon, located in Marquette County, 

3 Michigan, that is under the administrative control of the 

4 Coast Guard, consisting of approximately 5.5 acres of real 

5 property, as depicted on the Van Neste survey (#204072), 

6 dated September 7, 2006, together with the land between 

7 the intermediate traverse line as shown on such survey 

8 and the ordinary high water mark, the total comprising 

9 9 acres, more or less, and commonly identified as Coast 

10 Guard Station Marquette and Lighthouse Point. 

11 (2) Except as provided in paragraph (3), any cost as12 sociated with the conveyance shall be borne by the City, 

13 including, but not limited to, closing costs, attorney fees, 

14 and the cost of surveys, inspections, title examinations, 

15 and deed preparation. 

16 (3)(A) Except as provided in subparagraph (B), prior 

17 to the conveyance of the property, the Coast Guard shall 

18 perform and bear the cost of environmental remediation 

19 required under Federal law. Nothing in this section shall 

20 be construed to compel the Coast Guard to complete such 

21 remediation before 10 years from the date of enactment 

22 of this section. 

23 (B) The City may assume the Coast Guard′′s respon24 sibility to perform and bear the cost of the environmental 

25 remediation, provided that— 


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1 (i) the City provides written notice that it will 

2 assume responsibility for the performance of such 

3 remediation and the cost thereof; and 

4 (ii) the City and the Coast Guard enter into a 

5 written agreement thereon. 

6 (b) RETENTION OF CERTAIN EASEMENTS.—In con7 veying the property under subsection (a), the Com8 mandant of the Coast Guard may retain such easements 

9 over the property as the Commandant considers appro10 priate for access to aids to navigation. 

11 (c) LIMITATIONS.—The property to be conveyed by 

12 subsection (a) may not be conveyed under that subsection 

13 until— 

14 (1) the Coast Guard has relocated Coast Guard 

15 Station Marquette to a newly constructed station; 

16 (2) any environmental remediation required 

17 under Federal law with respect to the property has 

18 been completed; and 

19 (3) the Commandant of the Coast Guard deter20 mines that retention of the property by the United 

21 States is not required to carry out Coast Guard mis22 sions or functions. 

23 (d) CONDITIONS OF TRANSFER.—All conditions 

24 placed within the deed of title of the property to be conVerDate Nov 24 2008 03:59 Sep 23, 2009 Jkt 079200 PO 00000 Frm 00279 Fmt 6652 Sfmt 6201 E:\BILLS\H3619.IH H3619

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1 veyed under subsection (a) shall be construed as covenants 

2 running with the land. 

3 (e) DESCRIPTION OF PROPERTY.—The exact acreage 

4 and legal description of the property to be conveyed under 

5 subsection (a) shall be determined by a survey satisfactory 

6 to the Commandant of the Coast Guard. 

7 (f) ADDITIONAL TERMS AND CONDITIONS.—The 

8 Commandant of the Coast Guard may require such addi9 tional terms and conditions in connection with the convey10 ance authorized by subsection (a) as the Commandant 

11 considers appropriate to protect the interests of the 

12 United States. 

13 SEC. 1124. MISSION REQUIREMENT ANALYSIS FOR NAVI14 GABLE PORTIONS OF THE RIO GRANDE 

15 RIVER, TEXAS, INTERNATIONAL WATER 

16 BOUNDARY. 

17 Not later than 90 days after the date of the enact18 ment of this Act, the Secretary of the department in which 

19 the Coast Guard is operating shall prepare a mission re20 quirement analysis for the navigable portions of the Rio 

21 Grande River, Texas, international water boundary. The 

22 analysis shall take into account the Coast Guard’s involve23 ment on the Rio Grande River by assessing Coast Guard 

24 missions, assets, and personnel assigned along the Rio 

25 Grande River. The analysis shall also identify what would 


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1 be needed for the Coast Guard to increase search and res2 cue operations, migrant interdiction operations, and drug 

3 interdiction operations. 

4 SEC. 1125. CONVEYANCE OF COAST GUARD PROPERTY IN 

5 CHEBOYGAN, MICHIGAN. 

6 (a) CONVEYANCE AUTHORIZED.—Notwithstanding 

7 any other provision of law, the Commandant of the Coast 

8 Guard is authorized to convey, at fair market value, all 

9 right, title, and interest of the United States in and to 

10 a parcel of real property, consisting of approximately 3 

11 acres, more or less, that is under the administrative con12 trol of the Coast Guard and located at 900 S. Western 

13 Avenue in Cheboygan, Michigan. 

14 (b) RIGHT OF FIRST REFUSAL.—The Cornerstone 

15 Christian Academy, located in Cheboygan, MI, shall have 

16 the right of first refusal to purchase, at fair market value, 

17 all or a portion of the real property described in subsection 

18 (a). 

19 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

20 and legal description of the property to be conveyed under 

21 subsection (a) shall be determined by a survey satisfactory 

22 to the Commandant of the Coast Guard. 

23 (d) FAIR MARKET VALUE.—The fair market value 

24 of the property shall be— 


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1 (1) determined by appraisal, in accordance with 

2 the Uniform Appraisal Standards for Federal Land 

3 Acquisitions and the Uniform Standards of Profes4 sional Appraisal Practice; and 

5 (2) subject to the approval of the Commandant. 

6 (e) COSTS OF CONVEYANCE.—Any cost associated 

7 with the conveyance shall be borne by the purchaser, in8 cluding, but not limited to— 

9 (1) closing costs, attorney fees, and the cost of 

10 surveys, inspections, title examinations, and deed 

11 preparation; and 

12 (2) environmental analyses, assessments, clear13 ances, and, if required under Federal law, environ14 mental remediation. 

15 (f) ENVIRONMENTAL REMEDIATION.—Before convey16 ance of the real property described in paragraph (a), pur17 chaser shall perform any environmental remediation of the 

18 property that is required under Federal law. 

19 (g) CREDIT OF FUNDS.—Notwithstanding any other 

20 provision of law, the net proceeds of a conveyance, author21 ized under subsection (a), shall— 

22 (1) be credited to the Coast Guard Environ23 mental Compliance and Restoration appropriations 

24 account current at the time collection is made; 


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1 (2) be made available, without further appro2 priation, for environmental compliance and restora3 tion purposes in conjunction with any disposal of 

4 any property under the administrative control of the 

5 Coast Guard; and 

6 (3) remain available for such purposes until ex7 pended. 

8 (h) ADDITIONAL TERMS AND CONDITIONS.—The 

9 Commandant of the Coast Guard may require such addi10 tional terms and conditions in connection with the convey11 ance under subsection (a) as is considered appropriate to 

12 protect the interests of the United States. 

Æ 


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