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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3619 Enrolled Bill (ENR)]

        H.R.3619

                      One Hundred Eleventh Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten

                                 An Act

 
 To authorize appropriations for the Coast Guard for fiscal year 2011, 
                         and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
    (a) Short Title.--This Act may be cited as the ``Coast Guard 
Authorization Act of 2010''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

                         TITLE I--AUTHORIZATION

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

                          TITLE II--COAST GUARD

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

                   TITLE III--SHIPPING AND NAVIGATION

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

                      TITLE IV--ACQUISITION REFORM

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

                   TITLE V--COAST GUARD MODERNIZATION

Sec. 501. Short title.

                   Subtitle A--Coast Guard Leadership

Sec. 511. Vice admirals.

                     Subtitle B--Workforce Expertise

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

                         TITLE VI--MARINE SAFETY

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

                   TITLE VII--OIL POLLUTION PREVENTION

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

                        TITLE VIII--PORT SECURITY

Sec. 801. America's Waterway Watch Program.
Sec. 802. Transportation Worker Identification Credential.
Sec. 803. Interagency operational centers for port security.
Sec. 804. Deployable, specialized forces.
Sec. 805. Coast Guard detection canine team program expansion.
Sec. 806. Coast Guard port assistance Program.
Sec. 807. Maritime biometric identification.
Sec. 808. Pilot Program for fingerprinting of maritime workers.
Sec. 809. Transportation security cards on vessels.
Sec. 810. Maritime Security Advisory Committees.
Sec. 811. Seamen's shoreside access.
Sec. 812. Waterside security of especially hazardous cargo.
Sec. 813. Review of liquefied natural gas facilities.
Sec. 814. Use of secondary authentication for transportation security 
          cards.
Sec. 815. Assessment of transportation security card enrollment sites.
Sec. 816. Assessment of the feasibility of efforts to mitigate the 
          threat of small boat attack in major ports.
Sec. 817. Report and recommendation for uniform security background 
          checks.
Sec. 818. Transportation security cards: access pending issuance; 
          deadlines for processing; receipt.
Sec. 819. Harmonizing security card expirations.
Sec. 820. Clarification of rulemaking authority.
Sec. 821. Port security training and certification.
Sec. 822. Integration of security plans and systems with local port 
          authorities, State harbor divisions, and law enforcement 
          agencies.
Sec. 823. Transportation security cards.
Sec. 824. Pre-positioning interoperable communications equipment at 
          interagency operational centers.
Sec. 825. International port and facility inspection coordination.
Sec. 826. Area transportation security incident mitigation plan.
Sec. 827. Risk based resource allocation.
Sec. 828. Port security zones.

                   TITLE IX--MISCELLANEOUS PROVISIONS

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

                          TITLE X--CLEAN HULLS

                     Subtitle A--General Provisions

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

              Subtitle B--Implementation of the Convention

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

           Subtitle C--Prohibitions and Enforcement Authority

Sec. 1031. Prohibitions.
Sec. 1032. Investigations and inspections by Secretary.
Sec. 1033. EPA enforcement.
Sec. 1034. Additional authority of the Administrator.

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

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

                         TITLE I--AUTHORIZATION

    SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
    Funds are authorized to be appropriated for fiscal year 2011 for 
necessary expenses of the Coast Guard as follows:
        (1) For the operation and maintenance of the Coast Guard, 
    $6,970,681,000 of which $24,500,000 is authorized to be derived 
    from the Oil Spill Liability Trust Fund to carry out the purposes 
    of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 
    2712(a)(5)).
        (2) For the acquisition, construction, rebuilding, and 
    improvement of aids to navigation, shore and offshore facilities, 
    vessels, and aircraft, including equipment related thereto, 
    $1,640,000,000, of which--
            (A) $20,000,000 shall be derived from the Oil Spill 
        Liability Trust Fund to carry out the purposes of section 
        1012(a)(5) of the Oil Pollution Act of 1990, to remain 
        available until expended;
            (B) $1,233,502,000 is authorized for the Integrated 
        Deepwater System Program; and
            (C) $100,000,000 is authorized for shore facilities and 
        aids to navigation.
        (3) To the Commandant of the Coast Guard for research, 
    development, test, and evaluation of technologies, materials, and 
    human factors directly relating to improving the performance of the 
    Coast Guard's mission in search and rescue, aids to navigation, 
    marine safety, marine environmental protection, enforcement of laws 
    and treaties, ice operations, oceanographic research, and defense 
    readiness, $28,034,000, to remain available until expended, of 
    which $500,000 shall be derived from the Oil Spill Liability Trust 
    Fund to carry out the purposes of section 1012(a)(5) of the Oil 
    Pollution Act of 1990.
        (4) For retired pay (including the payment of obligations 
    otherwise chargeable to lapsed appropriations for this purpose), 
    payments under the Retired Serviceman's Family Protection and 
    Survivor Benefit Plans, and payments for medical care of retired 
    personnel and their dependents under chapter 55 of title 10, United 
    States Code, $1,400,700,000, to remain available until expended.
        (5) For alteration or removal of bridges over navigable waters 
    of the United States constituting obstructions to navigation, and 
    for personnel and administrative costs associated with the Bridge 
    Alteration Program, $16,000,000.
        (6) For environmental compliance and restoration at Coast Guard 
    facilities (other than parts and equipment associated with 
    operation and maintenance), $13,329,000, to remain available until 
    expended.
        (7) For the Coast Guard Reserve program, including personnel 
    and training costs, equipment, and services, $135,675,000.
    SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
    (a) Active Duty Strength.--The Coast Guard is authorized an end-of-
year strength for active duty personnel of 47,000 for the fiscal year 
ending on September 30, 2011.
    (b) Military Training Student Loads.--For fiscal year 2011, the 
Coast Guard is authorized average military training student loads as 
follows:
        (1) For recruit and special training, 2,500 student years.
        (2) For flight training, 165 student years.
        (3) For professional training in military and civilian 
    institutions, 350 student years.
        (4) For officer acquisition, 1,200 student years.

                         TITLE II--COAST GUARD

    SEC. 201. APPOINTMENT OF CIVILIAN COAST GUARD JUDGES.
    (a) In General.--Chapter 7 of title 14, United States Code, is 
amended by adding at the end the following:
``Sec. 153. Appointment of judges
    ``The Secretary may appoint civilian employees of the department in 
which the Coast Guard is operating as appellate military judges, 
available for assignment to the Coast Guard Court of Criminal Appeals 
as provided for in section 866(a) of title 10.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended 
by adding at the end the following:

``153. Appointment of judges.''.
    SEC. 202. INDUSTRIAL ACTIVITIES.
    Section 151 of title 14, United States Code, is amended--
        (1) by inserting ``(a) In General.--'' before ``All orders''; 
    and
        (2) by adding at the end the following:
    ``(b) Orders and Agreements for Industrial Activities.--Under this 
section, the Coast Guard industrial activities may accept orders from 
and enter into reimbursable agreements with establishments, agencies, 
and departments of the Department of Defense and the Department of 
Homeland Security.''.
    SEC. 203. REIMBURSEMENT FOR MEDICAL-RELATED TRAVEL EXPENSES.
    (a) In General.--Chapter 13 of title 14, United States Code, is 
amended by adding at the end the following:
``Sec. 518. Reimbursement for medical-related travel expenses for 
   certain persons residing on islands in the continental United States
    ``In any case in which a covered beneficiary (as defined in section 
1072(5) of title 10) resides on an island that is located in the 48 
contiguous States and the District of Columbia and that lacks public 
access roads to the mainland and is referred by a primary care 
physician to a specialty care provider (as defined in section 1074i(b) 
of title 10) on the mainland who provides services less than 100 miles 
from the location where the beneficiary resides, the Secretary shall 
reimburse the reasonable travel expenses of the covered beneficiary 
and, when accompaniment by an adult is necessary, for a parent or 
guardian of the covered beneficiary or another member of the covered 
beneficiary's family who is at least 21 years of age.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended 
by adding at the end the following:

``518. Reimbursement for medical-related travel expenses for certain 
          persons residing on islands in the continental United 
          States.''.
    SEC. 204. COMMISSIONED OFFICERS.
    (a) Active Duty Promotion List.--Section 42 of title 14, United 
States Code, is amended to read as follows:
``Sec. 42. Number and distribution of commissioned officers on active 
  duty promotion list
    ``(a) Maximum Total Number.--The total number of Coast Guard 
commissioned officers on the active duty promotion list, excluding 
warrant officers, shall not exceed 7,200; except that the Commandant 
may temporarily increase that number by up to 2 percent for no more 
than 60 days following the date of the commissioning of a Coast Guard 
Academy class.
    ``(b) Distribution Percentages by Grade.--
        ``(1) Required.--The total number of commissioned officers 
    authorized by this section shall be distributed in grade in the 
    following percentages: 0.375 percent for rear admiral; 0.375 
    percent for rear admiral (lower half); 6.0 percent for captain; 
    15.0 percent for commander; and 22.0 percent for lieutenant 
    commander.
        ``(2) Discretionary.--The Secretary shall prescribe the 
    percentages applicable to the grades of lieutenant, lieutenant 
    (junior grade), and ensign.
        ``(3) Authority of secretary to reduce percentage.--The 
    Secretary--
            ``(A) may reduce, as the needs of the Coast Guard require, 
        any of the percentages set forth in paragraph (1); and
            ``(B) shall apply that total percentage reduction to any 
        other lower grade or combination of lower grades.
    ``(c) Computations.--
        ``(1) In general.--The Secretary shall compute, at least once 
    each year, the total number of commissioned officers authorized to 
    serve in each grade by applying the grade distribution percentages 
    established by or under this section to the total number of 
    commissioned officers listed on the current active duty promotion 
    list.
        ``(2) Rounding fractions.--Subject to subsection (a), in making 
    the computations under paragraph (1), any fraction shall be rounded 
    to the nearest whole number.
        ``(3) Treatment of officers serving outside coast guard.--The 
    number of commissioned officers on the active duty promotion list 
    below the rank of rear admiral (lower half) serving with other 
    Federal departments or agencies on a reimbursable basis or excluded 
    under section 324(d) of title 49 shall not be counted against the 
    total number of commissioned officers authorized to serve in each 
    grade.
    ``(d) Use of Numbers; Temporary Increases.--The numbers resulting 
from computations under subsection (c) shall be, for all purposes, the 
authorized number in each grade; except that the authorized number for 
a grade is temporarily increased during the period between one 
computation and the next by the number of officers originally appointed 
in that grade during that period and the number of officers of that 
grade for whom vacancies exist in the next higher grade but whose 
promotion has been delayed for any reason.
    ``(e) Officers Serving Coast Guard Academy and Reserve.--The number 
of officers authorized to be serving on active duty in each grade of 
the permanent commissioned teaching staff of the Coast Guard Academy 
and of the Reserve serving in connection with organizing, 
administering, recruiting, instructing, or training the reserve 
components shall be prescribed by the Secretary.''.
    (b) Clerical Amendment.--The analysis for chapter 3 of such title 
is amended by striking the item relating to section 42 and inserting 
the following:

``42. Number and distribution of commissioned officers on active duty 
          promotion list.''.
    SEC. 205. COAST GUARD PARTICIPATION IN THE ARMED FORCES RETIREMENT 
      HOME (AFRH) SYSTEM.
    (a) In General.--Section 1502 of the Armed Forces Retirement Home 
Act of 1991 (24 U.S.C. 401) is amended--
        (1) by striking paragraph (4);
        (2) in paragraph (5)--
            (A) by striking ``and'' at the end of subparagraph (C);
            (B) by striking the period at the end of subparagraph (D) 
        and inserting ``; and''; and
            (C) by inserting at the end the following:
            ``(E) the Assistant Commandant of the Coast Guard for Human 
        Resources.''; and
        (3) by adding at the end of paragraph (6) the following:
            ``(E) The Master Chief Petty Officer of the Coast Guard.''.
    (b) Conforming Amendments.--(1) Section 2772 of title 10, United 
States Code, is amended--
        (A) in subsection (a) by inserting ``or, in the case of the 
    Coast Guard, the Commandant'' after ``concerned''; and
        (B) by striking subsection (c).
    (2) Section 1007(i) of title 37, United States Code, is amended--
        (A) in paragraph (3) by inserting ``or, in the case of the 
    Coast Guard, the Commandant'' after ``Secretary of Defense'';
        (B) by striking paragraph (4); and
        (C) by redesignating paragraph (5) as paragraph (4).
    SEC. 206. GRANTS TO INTERNATIONAL MARITIME ORGANIZATIONS.
    Section 149 of title 14, United States Code, is amended by adding 
at the end the following:
    ``(c) Grants to International Maritime Organizations.--After 
consultation with the Secretary of State, the Commandant may make 
grants to, or enter into cooperative agreements, contracts, or other 
agreements with, international maritime organizations for the purpose 
of acquiring information or data about merchant vessel inspections, 
security, safety, environmental protection, classification, and port 
state or flag state law enforcement or oversight.''.
    SEC. 207. LEAVE RETENTION AUTHORITY.
    (a) In General.--Chapter 11 of title 14, United States Code, is 
amended by inserting after section 425 the following:
``Sec. 426. Emergency leave retention authority
    ``(a) In General.--A duty assignment for an active duty member of 
the Coast Guard in support of a declaration of a major disaster or 
emergency by the President under the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or in response to 
a spill of national significance shall be treated, for the purpose of 
section 701(f)(2) of title 10, as a duty assignment in support of a 
contingency operation.
    ``(b) Definitions.--In this section:
        ``(1) Spill of national significance.--The term `spill of 
    national significance' means a discharge of oil or a hazardous 
    substance that is declared by the Commandant to be a spill of 
    national significance.
        ``(2) Discharge.--The term `discharge' has the meaning given 
    that term in section 1001 of the Oil Pollution Act of 1990 (33 
    U.S.C. 2701).''.
    (b) Clerical Amendment.--The analysis for such chapter is amended 
by inserting after the item relating to section 425 the following:

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

    (c) Application.--The amendments made by this section shall be 
deemed to have been enacted on April 19, 2010.
    SEC. 208. ENFORCEMENT AUTHORITY.
    (a) In General.--Chapter 5 of title 14, United States Code, is 
amended by adding at the end the following:
``Sec. 99. Enforcement authority
    ``Subject to guidelines approved by the Secretary, members of the 
Coast Guard, in the performance of official duties, may--
        ``(1) carry a firearm; and
        ``(2) while at a facility (as defined in section 70101 of title 
    46)--
            ``(A) make an arrest without warrant for any offense 
        against the United States committed in their presence; and
            ``(B) seize property as otherwise provided by law.''.
    (b) Conforming Repeal.--Section 70117 of title 46, United States 
Code, and the item relating to such section in the analysis at the 
beginning of chapter 701 of such title, are repealed.
    (c) Clerical Amendment.--The analysis for such chapter is amended 
by adding at the end the following:

``99. Enforcement authority.''.
    SEC. 209. REPEAL.
    Section 216 of title 14, United States Code, and the item relating 
to such section in the analysis for chapter 11 of such title, are 
repealed.
    SEC. 210. MERCHANT MARINER MEDICAL ADVISORY COMMITTEE.
    (a) In General.--Chapter 71 of title 46, United States Code, is 
amended by adding at the end the following new section:
``Sec. 7115. Merchant Mariner Medical Advisory Committee
    ``(a) Establishment.--
        ``(1) In general.--There is established a Merchant Mariner 
    Medical Advisory Committee (in this section referred to as the 
    `Committee').
        ``(2) Functions.--The Committee shall advise the Secretary on 
    matters relating to--
            ``(A) medical certification determinations for issuance of 
        licences, certificates of registry, and merchant mariners' 
        documents;
            ``(B) medical standards and guidelines for the physical 
        qualifications of operators of commercial vessels;
            ``(C) medical examiner education; and
            ``(D) medical research.
    ``(b) Membership.--
        ``(1) In general.--The Committee shall consist of 14 members, 
    none of whom is a Federal employee, and shall include--
            ``(A) ten who are health-care professionals with particular 
        expertise, knowledge, or experience regarding the medical 
        examinations of merchant mariners or occupational medicine; and
            ``(B) four who are professional mariners with knowledge and 
        experience in mariner occupational requirements.
        ``(2) Status of members.--Members of the Committee shall not be 
    considered Federal employees or otherwise in the service or the 
    employment of the Federal Government, except that members shall be 
    considered special Government employees, as defined in section 
    202(a) of title 18, United States Code, and shall be subject to any 
    administrative standards of conduct applicable to the employees of 
    the department in which the Coast Guard is operating.
    ``(c) Appointments; Terms; Vacancies.--
        ``(1) Appointments.--The Secretary shall appoint the members of 
    the Committee, and each member shall serve at the pleasure of the 
    Secretary.
        ``(2) Terms.--Each member shall be appointed for a term of five 
    years, except that, of the members first appointed, three members 
    shall be appointed for a term of two years.
        ``(3) Vacancies.--Any member appointed to fill the vacancy 
    prior to the expiration of the term for which that member's 
    predecessor was appointed shall be appointed for the remainder of 
    that term.
    ``(d) Chairman and Vice Chairman.--The Secretary shall designate 
one member of the Committee as the Chairman and one member as the Vice 
Chairman. The Vice Chairman shall act as Chairman in the absence or 
incapacity of, or in the event of a vacancy in the office of, the 
Chairman.
    ``(e) Compensation; Reimbursement.--Members of the Committee shall 
serve without compensation, except that, while engaged in the 
performance of duties away from their homes or regular places of 
business of the member, the member of the Committee may be allowed 
travel expenses, including per diem in lieu of subsistence, as 
authorized by section 5703 of title 5.
    ``(f) Staff; Services.--The Secretary shall furnish to the 
Committee the personnel and services as are considered necessary for 
the conduct of its business.''.
    (b) First Meeting.--No later than six months after the date of 
enactment of this Act, the Merchant Mariner Medical Advisory Committee 
established by the amendment made by this section shall hold its first 
meeting.
    (c) Clerical Amendment.--The analysis for chapter 71 of that title 
is amended by adding at the end the following:

``7115. Merchant Mariner Medical Advisory Committee.''.
    SEC. 211. RESERVE COMMISSIONED WARRANT OFFICER TO LIEUTENANT 
      PROGRAM.
    Section 214(a) of title 14, United States Code, is amended to read 
as follows:
    ``(a) The president may appoint temporary commissioned officers--
        ``(1) in the Regular Coast Guard in a grade, not above 
    lieutenant, appropriate to their qualifications, experience, and 
    length of service, as the needs of the Coast Guard may require, 
    from among the commissioned warrant officers, warrant officers, and 
    enlisted members of the Coast Guard, and from holders of licenses 
    issued under chapter 71 of title 46; and
        ``(2) in the Coast Guard Reserve in a grade, not above 
    lieutenant, appropriate to their qualifications, experience, and 
    length of service, as the needs of the Coast Guard may require, 
    from among the commissioned warrant officers of the Coast Guard 
    Reserve.''.
    SEC. 212. ENHANCED STATUS QUO OFFICER PROMOTION SYSTEM.
    Chapter 11 of title 14, United States Code, is amended--
        (1) in section 253(a)--
            (A) by inserting ``and'' after ``considered,''; and
            (B) by striking ``, and the number of officers the board 
        may recommend for promotion'';
        (2) in section 258--
            (A) by inserting ``(a) In General.--'' before ``The 
        Secretary shall'' ;
            (B) in subsection (a) (as so designated) by striking the 
        colon at the end of the material preceding paragraph (1) and 
        inserting ``--''; and
            (C) by adding at the end the following:
    ``(b) Provision of Direction and Guidance.--
        ``(1) In addition to the information provided pursuant to 
    subsection (a), the Secretary may furnish the selection board--
            ``(A) specific direction relating to the needs of the Coast 
        Guard for officers having particular skills, including 
        direction relating to the need for a minimum number of officers 
        with particular skills within a specialty; and
            ``(B) any other guidance that the Secretary believes may be 
        necessary to enable the board to properly perform its 
        functions.
        ``(2) Selections made based on the direction and guidance 
    provided under this subsection shall not exceed the maximum 
    percentage of officers who may be selected from below the announced 
    promotion zone at any given selection board convened under section 
    251 of this title.'';
        (3) in section 259(a), by inserting after ``whom the board'' 
    the following: ``, giving due consideration to the needs of the 
    Coast Guard for officers with particular skills so noted in 
    specific direction furnished to the board by the Secretary under 
    section 258 of this title,''; and
        (4) in section 260(b), by inserting after ``qualified for 
    promotion'' the following: ``to meet the needs of the service (as 
    noted in specific direction furnished the board by the Secretary 
    under section 258 of this title)''.
    SEC. 213. COAST GUARD VESSELS AND AIRCRAFT.
    (a) Authority To Fire At or Into a Vessel.--Section 637(c) of title 
14, United States Code, is amended--
        (1) in paragraph (1), by striking ``; or'' and inserting a 
    semicolon;
        (2) in paragraph (2), by striking the period at the end and 
    inserting ``; or''; and
        (3) by adding at the end the following:
        ``(3) any other vessel or aircraft on government noncommercial 
    service when--
            ``(A) the vessel or aircraft is under the tactical control 
        of the Coast Guard; and
            ``(B) at least one member of the Coast Guard is assigned 
        and conducting a Coast Guard mission on the vessel or 
        aircraft.''.
    (b) Authority To Display Coast Guard Ensigns and Pennants.--Section 
638(a) of title 14, United States Code, is amended by striking ``Coast 
Guard vessels and aircraft'' and inserting ``Vessels and aircraft 
authorized by the Secretary''.
    SEC. 214. COAST GUARD DISTRICT OMBUDSMEN.
    (a) In General.--Chapter 3 of title 14, United States Code, is 
amended by adding at the end the following new section:
``Sec. 55. District Ombudsmen
    ``(a) In General.--The Commandant shall appoint in each Coast Guard 
District a District Ombudsman to serve as a liaison between ports, 
terminal operators, shipowners, and labor representatives and the Coast 
Guard.
    ``(b) Purpose.--The purpose of the District Ombudsman shall be the 
following:
        ``(1) To support the operations of the Coast Guard in each port 
    in the District for which the District Ombudsman is appointed.
        ``(2) To improve communications between and among port 
    stakeholders including, port and terminal operators, ship owners, 
    labor representatives, and the Coast Guard.
        ``(3) To seek to resolve disputes between the Coast Guard and 
    all petitioners regarding requirements imposed or services provided 
    by the Coast Guard.
    ``(c) Functions.--
        ``(1) Complaints.--The District Ombudsman may examine 
    complaints brought to the attention of the District Ombudsman by a 
    petitioner operating in a port or by Coast Guard personnel.
        ``(2) Guidelines for disputes.--
            ``(A) In general.--The District Ombudsman shall develop 
        guidelines regarding the types of disputes with respect to 
        which the District Ombudsman will provide assistance.
            ``(B) Limitation.--The District Ombudsman shall not provide 
        assistance with respect to a dispute unless it involves the 
        impact of Coast Guard requirements on port business and the 
        flow of commerce.
            ``(C) Priority.--In providing such assistance, the District 
        Ombudsman shall give priority to complaints brought by 
        petitioners who believe they will suffer a significant hardship 
        as the result of implementing a Coast Guard requirement or 
        being denied a Coast Guard service.
        ``(3) Consultation.--The District Ombudsman may consult with 
    any Coast Guard personnel who can aid in the investigation of a 
    complaint.
        ``(4) Access to information.--The District Ombudsman shall have 
    access to any Coast Guard document, including any record or report, 
    that will aid the District Ombudsman in obtaining the information 
    needed to conduct an investigation of a complaint.
        ``(5) Reports.--At the conclusion of an investigation, the 
    District Ombudsman shall submit a report on the findings and 
    recommendations of the District Ombudsman, to the Commander of the 
    District in which the petitioner who brought the complaint is 
    located or operating.
        ``(6) Deadline.--The District Ombudsman shall seek to resolve 
    each complaint brought in accordance with the guidelines--
            ``(A) in a timely fashion; and
            ``(B) not later than 4 months after the complaint is 
        officially accepted by the District Ombudsman.
    ``(d) Appointment.--The Commandant shall appoint as the District 
Ombudsman an individual who has experience in port and transportation 
systems and knowledge of port operations or of maritime commerce (or 
both).
    ``(e) Annual Reports.--The Secretary shall report annually to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate on the matters brought before the District 
Ombudsmen, including--
        ``(1) the number of matters brought before each District 
    Ombudsman;
        ``(2) a brief summary of each such matter; and
        ``(3) the eventual resolution of each such matter.''.
    (b) Clerical Amendment.--The analysis at the beginning of that 
chapter is amended by adding at the end the following new item:

``55. District Ombudsmen.''.
    SEC. 215. COAST GUARD COMMISSIONED OFFICERS: COMPULSORY RETIREMENT.
    (a) In General.--Chapter 11 of title 14, United States Code, is 
amended by striking section 293 and inserting the following:
``Sec. 293. Compulsory retirement
    ``(a) Regular Commissioned Officers.--Any regular commissioned 
officer, except a commissioned warrant officer, serving in a grade 
below rear admiral (lower half) shall be retired on the first day of 
the month following the month in which the officer becomes 62 years of 
age.
    ``(b) Flag-Officer Grades.--(1) Except as provided in paragraph 
(2), any regular commissioned officer serving in a grade of rear 
admiral (lower half) or above shall be retired on the first day of the 
month following the month in which the officer becomes 64 years of age.
    ``(2) The retirement of an officer under paragraph (1) may be 
deferred--
        ``(A) by the President, but such a deferment may not extend 
    beyond the first day of the month following the month in which the 
    officer becomes 68 years of age; or
        ``(B) by the Secretary of the department in which the Coast 
    Guard is operating, but such a deferment may not extend beyond the 
    first day of the month following the month in which the officer 
    becomes 66 years of age.''.
    (b) Clerical Amendment.--The analysis at the beginning of such 
chapter is amended by striking the item relating to such section and 
inserting the following:

``293. Compulsory retirement.''.
    SEC. 216. ENFORCEMENT OF COASTWISE TRADE LAWS.
    (a) In General.--Chapter 5 of title 14, United States Code, is 
further amended by adding at the end the following:
``Sec. 100. Enforcement of coastwise trade laws
    ``Officers and members of the Coast Guard are authorized to enforce 
chapter 551 of title 46. The Secretary shall establish a program for 
these officers and members to enforce that chapter.''.
    (b) Clerical Amendment.--The analysis for that chapter is further 
amended by adding at the end the following new item:

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

    (c) Report.--The Secretary of the department in which the Coast 
Guard is operating shall submit a report to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Senate Committee on Commerce, Science, and Transportation within 1 
year after the date of enactment of this Act on the enforcement 
strategies and enforcement actions taken to enforce the coastwise trade 
laws.
    SEC. 217. REPORT ON SEXUAL ASSAULTS IN THE COAST GUARD.
    (a) In General.--Not later than January 15 of each year, the 
Commandant of the Coast Guard shall submit a report on the sexual 
assaults involving members of the Coast Guard to the Committee on 
Transportation and Infrastructure and the Committee on Homeland 
Security of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate.
    (b) Contents.--The report required under subsection (a) shall 
contain the following:
        (1) The number of sexual assaults against members of the Coast 
    Guard, and the number of sexual assaults by members of the Coast 
    Guard, that were reported to military officials during the year 
    covered by such report, and the number of the cases so reported 
    that were substantiated.
        (2) A synopsis of, and the disciplinary action taken in, each 
    substantiated case.
        (3) The policies, procedures, and processes implemented by the 
    Secretary concerned during the year covered by such report in 
    response to incidents of sexual assault involving members of the 
    Coast Guard concerned.
        (4) A plan for the actions that are to be taken in the year 
    following the year covered by such report on the prevention of and 
    response to sexual assault involving members of the Coast Guard 
    concerned.
    SEC. 218. HOME PORT OF COAST GUARD VESSELS IN GUAM.
    Section 96 of title 14, United States Code, is amended--
        (1) by striking ``a State of the United States'' and inserting 
    ``the United States or Guam''; and
        (2) by inserting ``or Guam'' after ``outside the United 
    States''.
    SEC. 219. SUPPLEMENTAL POSITIONING SYSTEM.
    Not later than 180 days after date of enactment of this Act, the 
Secretary of the department in which the Coast Guard is operating in 
consultation with the Commandant of the Coast Guard shall conclude 
their study of whether a single, domestic system is needed as a back-up 
navigation system to the Global Positioning System and notify the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate the results of such determination.
    SEC. 220. ASSISTANCE TO FOREIGN GOVERNMENTS AND MARITIME 
      AUTHORITIES.
    Section 149 of title 14, United States Code, as amended by section 
206, is further amended by adding at the end the following:
    ``(d) Authorized Activities.--
        ``(1) The Commandant may use funds for--
            ``(A) the activities of traveling contact teams, including 
        any transportation expense, translation services expense, or 
        administrative expense that is related to such activities;
            ``(B) the activities of maritime authority liaison teams of 
        foreign governments making reciprocal visits to Coast Guard 
        units, including any transportation expense, translation 
        services expense, or administrative expense that is related to 
        such activities;
            ``(C) seminars and conferences involving members of 
        maritime authorities of foreign governments;
            ``(D) distribution of publications pertinent to engagement 
        with maritime authorities of foreign governments; and
            ``(E) personnel expenses for Coast Guard civilian and 
        military personnel to the extent that those expenses relate to 
        participation in an activity described in subparagraph (C) or 
        (D).
        ``(2) An activity may not be conducted under this subsection 
    with a foreign country unless the Secretary of State approves the 
    conduct of such activity in that foreign country.''.
    SEC. 221. COAST GUARD HOUSING.
    (a) In General.--Chapter 18 of title 14, United States Code, is 
amended--
        (1) in section 680--
            (A) by striking paragraphs (1), (2), and (3) and inserting 
        the following new paragraphs:
        ``(1) The term `construct' means to build, renovate, or improve 
    military family housing and military unaccompanied housing.
        ``(2) The term `construction' means building, renovating, or 
    improving military family housing and military unaccompanied 
    housing.''; and
            (B) by redesignating paragraphs (4) and (5) as paragraphs 
        (3) and (4), respectively;
        (2) in section 681(a)--
            (A) in the matter preceding paragraph (1), by striking 
        ``exercise any authority or any combination of authorities 
        provided under this chapter in order to provide for the 
        acquisition or construction by private persons, including a 
        small business concern qualified under section 8(a) of the 
        Small Business Act (15 U.S.C. 637(a)), of the following:'' and 
        inserting ``acquire or construct the following:'';
            (B) in paragraph (1), by striking ``Family housing units'' 
        and inserting ``Military family housing''; and
            (C) in paragraph (2), by striking ``Unaccompanied housing 
        units'' and inserting ``Military unaccompanied housing'';
        (3) by repealing sections 682, 683, and 684;
        (4) by amending section 685 to read as follows:
``Sec. 685. Conveyance of real property
    ``(a) Conveyance Authorized.--Notwithstanding any other provision 
of law, the Secretary may convey, at fair market value, real property, 
owned or under the administrative control of the Coast Guard, for the 
purpose of expending the proceeds from such conveyance to acquire and 
construct military family housing and military unaccompanied housing.
    ``(b) Terms and Conditions.--
        ``(1) The conveyance of real property under this section shall 
    be by sale, for cash. The Secretary shall deposit the proceeds from 
    the sale in the Coast Guard Housing Fund established under section 
    687 of this title, for the purpose of expending such proceeds to 
    acquire and construct military family housing and military 
    unaccompanied housing.
        ``(2) The conveyance of real property under this section shall 
    not diminish the mission capacity of the Coast Guard, but further 
    the mission support capability of the Coast Guard with regard to 
    military family housing or military unaccompanied housing.
    ``(c) Relationship to Environmental Law.--This section does not 
affect or limit the application of or obligation to comply with any 
environmental law, including section 120(h) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9620(h)).'';
        (5) by repealing section 686;
        (6) in section 687--
            (A) in subsection (b)--
                (i) in paragraph (2), by striking ``or unaccompanied'' 
            and inserting ``or military unaccompanied'';
                (ii) in paragraph (3)--

                    (I) by striking ``or lease'';
                    (II) by striking ``or facilities''; and
                    (III) by striking ``military family and'' and 
                inserting ``military family housing and''; and

                (iii) by repealing paragraph (4);
            (B) subsection (c), by amending paragraph (1) to read as 
        follows:(1) In such amounts as provided in appropriations Acts, 
        and except as provided in subsection (d), the Secretary may use 
        amounts in the Coast Guard Housing Fund to carry out activities 
        under this chapter with respect to military family housing and 
        military unaccompanied housing, including--
            ``(A) the planning, execution, and administration of the 
        conveyance of real property;
            ``(B) all necessary expenses, including expenses for 
        environmental compliance and restoration, to prepare real 
        property for conveyance; and
            ``(C) the conveyance of real property.'';
            (C) in subsection (e), by striking ``or (b)(3)''; and
            (D) by repealing subsections (f) and (g);
        (7) by repealing 687a;
        (8) by amending section 688 to read as follows:
``Sec. 688. Reports
    ``The Secretary shall prepare and submit to Congress, concurrent 
with the budget submitted pursuant to section 1105 of title 31, a 
report identifying the contracts or agreements for the conveyance of 
properties pursuant to this chapter executed during the prior calendar 
year.''; and
        (9) by repealing section 689.
    (b) Savings Clause.--This section shall not affect any action 
commenced prior to the date of enactment of this Act.
    (c) Clerical Amendment.--The chapter analysis at the beginning of 
such chapter is amended--
        (1) by striking the items relating to sections 682, 683, 684, 
    686, 687a, and 689; and
        (2) by amending the item relating to section 685 to read as 
    follows:

``685. Conveyance of real property.''.
    SEC. 222. CHILD DEVELOPMENT SERVICES.
    Section 515 of title 14, United States Code, is amended--
        (1) by striking subsection (b) and inserting the following:
    ``(b)(1) The Commandant is authorized to use appropriated funds 
available to the Coast Guard to provide child development services.
    ``(2)(A) The Commandant is authorized to establish, by regulations, 
fees to be charged parents for the attendance of children at Coast 
Guard child development centers.
    ``(B) Fees to be charged, pursuant to subparagraph (A), shall be 
based on family income, except that the Commandant may, on a case-by-
base basis, establish fees at lower rates if such rates would not be 
competitive with rates at local child development centers.
    ``(C) The Commandant is authorized to collect and expend fees, 
established pursuant to this subparagraph, and such fees shall, without 
further appropriation, remain available until expended for the purpose 
of providing services, including the compensation of employees and the 
purchase of consumable and disposable items, at Coast Guard child 
development centers.
    ``(3) The Commandant is authorized to use appropriated funds 
available to the Coast Guard to provide assistance to family home 
daycare providers so that family home daycare services can be provided 
to uniformed service members and civilian employees of the Coast Guard 
at a cost comparable to the cost of services provided by Coast Guard 
child development centers.'';
        (2) by repealing subsections (d) and (e); and
        (3) by redesignating subsections (f) and (g) as subsections (d) 
    and (e), respectively.
    SEC. 223. CHAPLAIN ACTIVITY EXPENSE.
    Section 145 of title 14, United States Code, is amended--
        (1) in subsection (a)--
            (A) in paragraph (2), by striking ``and'' at the end;
            (B) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
            (C) by adding at the end the following new paragraph:
        ``(4) detail personnel from the Chaplain Corps to provide 
    services, pursuant to section 1789 of title 10, to the Coast 
    Guard.''; and
        (2) by adding at the end the following new subsection:
    ``(d)(1) As part of the services provided by the Secretary of the 
Navy pursuant to subsection (a)(4), the Secretary may provide support 
services to chaplain-led programs to assist members of the Coast Guard 
on active duty and their dependents, and members of the reserve 
component in an active status and their dependents, in building and 
maintaining a strong family structure.
    ``(2) In this subsection, the term `support services' include 
transportation, food, lodging, child care, supplies, fees, and training 
materials for members of the Coast Guard on active duty and their 
dependents, and members of the reserve component in an active status 
and their dependents, while participating in programs referred to in 
paragraph (1), including participation at retreats and conferences.
    ``(3) In this subsection, the term `dependents' has the same 
meaning as defined in section 1072(2) of title 10.''.
    SEC. 224. COAST GUARD CROSS; SILVER STAR MEDAL.
    (a) Coast Guard Cross.--Chapter 13 of title 14, United States Code, 
is amended by inserting after section 491 the following new section:
``Sec. 491a. Coast Guard cross
    ``The President may award a Coast Guard cross of appropriate 
design, with ribbons and appurtenances, to a person who, while serving 
in any capacity with the Coast Guard, when the Coast Guard is not 
operating under the Department of the Navy, distinguishes himself or 
herself by extraordinary heroism not justifying the award of a medal of 
honor--
        ``(1) while engaged in an action against an enemy of the United 
    States;
        ``(2) while engaged in military operations involving conflict 
    with an opposing foreign force or international terrorist 
    organization; or
        ``(3) while serving with friendly foreign forces engaged in an 
    armed conflict against an opposing armed force in which the United 
    States is not a belligerent party.''.
    (b) Silver Star Medal.--Such chapter is further amended--
        (1) by striking the designation and heading of section 492a and 
    inserting the following:
``Sec. 492b. Distinguished flying cross'';
    and
        (2) by inserting after section 492 the following new section:
``Sec. 492a. Silver star medal
    ``The President may award a silver star medal of appropriate 
design, with ribbons and appurtenances, to a person who, while serving 
in any capacity with the Coast Guard, when the Coast Guard is not 
operating under the Department of the Navy, is cited for gallantry in 
action that does not warrant a medal of honor or Coast Guard cross--
        ``(1) while engaged in an action against an enemy of the United 
    States;
        ``(2) while engaged in military operations involving conflict 
    with an opposing foreign force or international terrorist 
    organization; or
        ``(3) while serving with friendly foreign forces engaged in an 
    armed conflict against an opposing armed force in which the United 
    States is not a belligerent party.''.
    (c) Conforming Amendments.--Such chapter is further amended--
        (1) in section 494, by striking ``distinguished service medal, 
    distinguished flying cross,'' and inserting ``Coast Guard cross, 
    distinguished service medal, silver star medal, distinguished 
    flying cross,'' in both places it appears;
        (2) in section 496--
            (A) in the matter preceding paragraph (1) of subsection 
        (a), by striking ``distinguished service medal, distinguished 
        flying cross,'' and inserting ``Coast Guard cross, 
        distinguished service medal, silver star medal, distinguished 
        flying cross,''; and
            (B) in subsection (b)(2), by striking ``distinguished 
        service medal, distinguished flying cross,'' and inserting 
        ``Coast Guard cross, distinguished service medal, silver star 
        medal, distinguished flying cross,''; and
        (3) in section 497, by striking ``distinguished service medal, 
    distinguished flying cross,'' and inserting ``Coast Guard cross, 
    distinguished service medal, silver star medal, distinguished 
    flying cross,''.
    (d) Clerical Amendments.--The analysis at the beginning of such 
chapter is amended--
        (1) by inserting after the item relating to section 491 the 
    following new item:

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

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

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

                   TITLE III--SHIPPING AND NAVIGATION

    SEC. 301. SEAWARD EXTENSION OF ANCHORAGE GROUNDS JURISDICTION.
    Section 7 of the Rivers and Harbors Appropriations Act of 1915 (33 
U.S.C. 471) is amended--
        (1) by striking ``That the'' and inserting the following:
    ``(a) In General.--The''.
        (2) in subsection (a) (as designated by paragraph (1)) by 
    striking ``$100; and the'' and inserting ``up to $10,000. Each day 
    during which a violation continues shall constitute a separate 
    violation. The''; and
        (3) by adding at the end the following:
    ``(b) Definition.--As used in this section `navigable waters of the 
United States' includes all waters of the territorial sea of the United 
States as described in Presidential Proclamation No. 5928 of December 
27, 1988.''.
    SEC. 302. MARITIME DRUG LAW ENFORCEMENT ACT AMENDMENT-SIMPLE 
      POSSESSION.
    Section 70506 of title 46, United States Code, is amended by adding 
at the end the following:
    ``(c) Simple Possession.--
        ``(1) In general.--Any individual on a vessel subject to the 
    jurisdiction of the United States who is found by the Secretary, 
    after notice and an opportunity for a hearing, to have knowingly or 
    intentionally possessed a controlled substance within the meaning 
    of the Controlled Substances Act (21 U.S.C. 812) shall be liable to 
    the United States for a civil penalty of not to exceed $5,000 for 
    each violation. The Secretary shall notify the individual in 
    writing of the amount of the civil penalty.
        ``(2) Determination of amount.--In determining the amount of 
    the penalty, the Secretary shall consider the nature, 
    circumstances, extent, and gravity of the prohibited acts committed 
    and, with respect to the violator, the degree of culpability, any 
    history of prior offenses, ability to pay, and other matters that 
    justice requires.
        ``(3) Treatment of civil penalty assessment.--Assessment of a 
    civil penalty under this subsection shall not be considered a 
    conviction for purposes of State or Federal law but may be 
    considered proof of possession if such a determination is 
    relevant.''.
    SEC. 303. TECHNICAL AMENDMENTS TO TONNAGE MEASUREMENT LAW.
    (a) Definitions.--Section 14101(4) of title 46, United States Code, 
is amended--
        (1) by striking ``engaged'' the first place it appears and 
    inserting ``that engages'';
        (2) in subparagraph (A), by striking ``arriving'' and inserting 
    ``that arrives'';
        (3) in subparagraph (B)--
            (A) by striking ``making'' and inserting ``that makes''; 
        and
            (B) by striking ``(except a foreign vessel engaged on that 
        voyage)'';
        (4) in subparagraph (C), by striking ``departing'' and 
    inserting ``that departs''; and
        (5) in subparagraph (D), by striking ``making'' and inserting 
    ``that makes''.
    (b) Delegation of Authority.--Section 14103(c) of that title is 
amended by striking ``intended to be engaged on'' and inserting ``that 
engages on''.
    (c) Application.--Section 14301 of that title is amended--
        (1) by amending subsection (a) to read as follows:
    ``(a) Except as otherwise provided in this section, this chapter 
applies to any vessel for which the application of an international 
agreement or other law of the United States to the vessel depends on 
the vessel's tonnage.'';
        (2) in subsection (b)--
            (A) in paragraph (1), by striking the period at the end and 
        inserting ``, unless the government of the country to which the 
        vessel belongs elects to measure the vessel under this 
        chapter.'';
            (B) in paragraph (3), by inserting ``of United States or 
        Canadian registry or nationality, or a vessel operated under 
        the authority of the United States or Canada, and that is'' 
        after ``vessel'';
            (C) in paragraph (4), by striking ``a vessel (except a 
        vessel engaged'' and inserting ``a vessel of United States 
        registry or nationality, or one operated under the authority of 
        the United States (except a vessel that engages'';
            (D) by striking paragraph (5);
            (E) by redesignating paragraph (6) as paragraph (5); and
            (F) by amending paragraph (5), as so redesignated, to read 
        as follows:
        ``(5) a barge of United States registry or nationality, or a 
    barge operated under the authority of the United States (except a 
    barge that engages on a foreign voyage) unless the owner 
    requests.'';
        (3) by striking subsection (c);
        (4) by redesignating subsections (d) and (e) as subsections (c) 
    and (d), respectively; and
        (5) in subsection (c), as redesignated, by striking ``After 
    July 18, 1994, an existing vessel (except an existing vessel 
    referred to in subsection (b)(5)(A) or (B) of this section)'' and 
    inserting ``An existing vessel that has not undergone a change that 
    the Secretary finds substantially affects the vessel's gross 
    tonnage (or a vessel to which IMO Resolutions A.494 (XII) of 
    November 19, 1981, A.540 (XIII) of November 17, 1983, or A.541 
    (XIII) of November 17, 1983, apply)''.
    (d) Measurement.--Section 14302(b) of that title is amended to read 
as follows:
    ``(b) A vessel measured under this chapter may not be required to 
be measured under another law.''.
    (e) Tonnage Certificate.--
        (1) Issuance.--Section 14303 of title 46, United States Code, 
    is amended--
            (A) in subsection (a), by adding at the end the following: 
        ``For a vessel to which the Convention does not apply, the 
        Secretary shall prescribe a certificate to be issued as 
        evidence of a vessel's measurement under this chapter.'';
            (B) in subsection (b), by inserting ``issued under this 
        section'' after ``certificate''; and
            (C) in the section heading by striking ``International'' 
        and ``(1969)''.
        (2) Maintenance.--Section 14503 of that title is amended--
            (A) by designating the existing text as subsection (a); and
            (B) by adding at the end the following new subsection:
    ``(b) The certificate shall be maintained as required by the 
Secretary.''.
        (3) Clerical amendment.--The analysis at the beginning of 
    chapter 143 of that title is amended by striking the item relating 
    to section 14303 and inserting the following:

``14303. Tonnage Certificate.''.

    (f) Optional Regulatory Measurement.--Section 14305(a) of that 
title is amended by striking ``documented vessel measured under this 
chapter,'' and inserting ``vessel measured under this chapter that is 
of United States registry or nationality, or a vessel operated under 
the authority of the United States,''.
    (g) Application.--Section 14501 of that title is amended--
        (1) by amending paragraph (1) to read as follows:
        ``(1) A vessel not measured under chapter 143 of this title if 
    the application of an international agreement or other law of the 
    United States to the vessel depends on the vessel's tonnage.''; and
        (2) in paragraph (2), by striking ``a vessel'' and inserting 
    ``A vessel''.
    (h) Dual Tonnage Measurement.--Section 14513(c) of that title is 
amended--
        (1) in paragraph (1)--
            (A) by striking ``vessel's tonnage mark is below the 
        uppermost part of the load line marks,'' and inserting ``vessel 
        is assigned two sets of gross and net tonnages under this 
        section,''; and
            (B) by inserting ``vessel's tonnage'' before ``mark'' the 
        second place such term appears; and
        (2) in paragraph (2), by striking the period at the end and 
    inserting ``as assigned under this section.''.
    (i) Reciprocity for Foreign Vessels.--Subchapter II of chapter 145 
of that title is amended by adding at the end the following:
``Sec. 14514. Reciprocity for foreign vessels
    ``For a foreign vessel not measured under chapter 143, if the 
Secretary finds that the laws and regulations of a foreign country 
related to measurement of vessels are substantially similar to those of 
this chapter and the regulations prescribed under this chapter, the 
Secretary may accept the measurement and certificate of a vessel of 
that foreign country as complying with this chapter and the regulations 
prescribed under this chapter.''.
    (j) Clerical Amendment.--The analysis for subchapter II of chapter 
145 of such title is amended by adding at the end the following:

``14514. Reciprocity for foreign vessels.''.
    SEC. 304. MERCHANT MARINER DOCUMENT STANDARDS.
    Not later than 270 days after the date of enactment of this Act, 
the Secretary of the department in which the Coast Guard is operating 
shall submit to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate--
        (1) a plan, including estimated costs, to ensure that the 
    process for an application, by an individual who has, or has 
    applied for, a transportation security card under section 70105 of 
    title 46, United States Code, for a merchant mariner document can 
    be completed entirely by mail; and
        (2) a report on the feasibility of, and a timeline to, redesign 
    the merchant mariner document to comply with the requirements of 
    such section, including a biometric identifier, and all relevant 
    international conventions, including the International Labour 
    Organization Convention Number 185 concerning the seafarers 
    identity document, and include a review on whether or not such 
    redesign will eliminate the need for separate identity credentials 
    and background screening and streamline the application process for 
    mariners.
    SEC. 305. SHIP EMISSION REDUCTION TECHNOLOGY DEMONSTRATION PROJECT.
    (a) Study.--The Commandant of the Coast Guard, in conjunction with 
the Administrator of the Environmental Protection Agency, shall conduct 
a study--
        (1) that surveys new technology and new applications of 
    existing technology for reducing air emissions from cargo or 
    passenger vessels that operate in United States waters and ports; 
    and
        (2) that identifies the impediments, including any laws or 
    regulations, to demonstrating the technology identified in 
    paragraph (1).
    (b) Report.--Within 180 days after the date of enactment of this 
Act, the Commandant shall submit a report on the results of the study 
conducted under subsection (a) to the Committee on Transportation and 
Infrastructure and the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation and the Committee on Environment and Public Works of the 
Senate.
    SEC. 306. PHASEOUT OF VESSELS SUPPORTING OIL AND GAS DEVELOPMENT.
    (a) In General.--Notwithstanding section 12111(d) of title 46, 
United States Code, foreign-flag vessels may be chartered by, or on 
behalf of, a lessee to be employed for the setting, relocation, or 
recovery of anchors or other mooring equipment of a mobile offshore 
drilling unit that is located over the Outer Continental Shelf (as 
defined in section 2(a) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1331(a)) for operations in support of exploration, or flow-
testing and stimulation of wells, for offshore mineral or energy 
resources in the Beaufort Sea or the Chukchi Sea adjacent to Alaska--
        (1) for a 1-year period from the date the lessee gives the 
    Secretary of Transportation written notice of the commencement of 
    such exploration drilling if the Secretary determines, after 
    publishing notice in the Federal Register, that insufficient 
    vessels documented under section 12111(d) of title 46, United 
    States Code, are reasonably available and suitable for these 
    support operations and all such reasonably available and suitable 
    vessels are employed in support of such operations; and
        (2) for an additional period until such vessels are available 
    if the Secretary of Transportation determines--
            (A) that, by April 30 of the year following the 
        commencement of exploration drilling, the lessee has entered 
        into a binding agreement to employ a suitable vessel or vessels 
        to be documented under section 12111(d) of title 46, United 
        States Code, in sufficient numbers and with sufficient 
        suitability to replace any foreign-flag vessel or vessels 
        operating under this section; and
            (B) after publishing notice in the Federal Register, that 
        insufficient vessels documented under section 12111(d) of title 
        46, United States Code, are reasonably available and suitable 
        for these support operations and all such reasonably available 
        and suitable vessels are employed in support of such 
        operations.
    (b) Expiration.--Irrespective of the year in which the commitment 
referred to in subsection (a)(2)(A) occurs, foreign-flag anchor 
handling vessels may not be employed for the setting, relocation, or 
recovery of anchors or other mooring equipment of a mobile offshore 
drilling unit after December 31, 2017.
    (c) Lessee Defined.--In this section, the term ``lessee'' means the 
holder of a lease (as defined in section 1331(c) of title 43, United 
States Code), who, prior to giving the written notice in subsection 
(a)(1), has entered into a binding agreement to employ a suitable 
vessel documented or to be documented under 12111(d) of title 46, 
United States Code.
    (d) Savings Provision.--Nothing in subsection (a) may be construed 
to authorize the employment in the coastwise trade of a vessel that 
does not meet the requirements of 12111 of title 46, United States 
Code.
    SEC. 307. ARCTIC MARINE SHIPPING ASSESSMENT IMPLEMENTATION.
    (a) Purpose.--The purpose of this section is to ensure safe and 
secure maritime shipping in the Arctic including the availability of 
aids to navigation, vessel escorts, spill response capability, and 
maritime search and rescue in the Arctic.
    (b) International Maritime Organization Agreements.--To carry out 
the purpose of this section, the Secretary of the department in which 
the Coast Guard is operating is encouraged to enter into negotiations 
through the International Maritime Organization to conclude and execute 
agreements to promote coordinated action among the United States, 
Russia, Canada, Iceland, Norway, and Denmark and other seafaring and 
Arctic nations to ensure, in the Arctic--
        (1) placement and maintenance of aids to navigation;
        (2) appropriate marine safety, tug, and salvage capabilities;
        (3) oil spill prevention and response capability;
        (4) maritime domain awareness, including long-range vessel 
    tracking; and
        (5) search and rescue.
    (c) Coordination by Committee on the Maritime Transportation 
System.--The Committee on the Maritime Transportation System 
established under a directive of the President in the Ocean Action 
Plan, issued December 17, 2004, shall coordinate the establishment of 
domestic transportation policies in the Arctic necessary to carry out 
the purpose of this section.
    (d) Agreements and Contracts.--The Secretary of the department in 
which the Coast Guard is operating may, subject to the availability of 
appropriations, enter into cooperative agreements, contracts, or other 
agreements with, or make grants to individuals and governments to carry 
out the purpose of this section or any agreements established under 
subsection (b).
    (e) Icebreaking.--The Secretary of the department in which the 
Coast Guard is operating shall promote safe maritime navigation by 
means of icebreaking where necessary, feasible, and effective to carry 
out the purposes of this section.
    (f) Independent Ice Breaker Analyses.--
        (1) In general.--Not later than 90 days after the date of 
    enactment of this Act, the Secretary of the department in which the 
    Coast Guard is operating shall require a nongovernmental, 
    independent third party (other than the National Academy of 
    Sciences) that has extensive experience in the analysis of military 
    procurements, to--
            (A) conduct a comparative cost-benefit analysis, taking 
        into account future Coast Guard budget projections (which 
        assume Coast Guard budget growth of no more than inflation) and 
        other recapitalization needs, of--
                (i) rebuilding, renovating, or improving the existing 
            fleet of polar icebreakers for operation by the Coast 
            Guard;
                (ii) constructing new polar icebreakers for operation 
            by the Coast Guard;
                (iii) construction of new polar icebreakers by the 
            National Science Foundation for operation by the 
            Foundation;
                (iv) rebuilding, renovating, or improving the existing 
            fleet of polar icebreakers by the National Science 
            Foundation for operation by the Foundation; and
                (v) any combination of the activities described in 
            clause (i), (ii), (iii), or (iv) to carry out the missions 
            of the Coast Guard and the National Science Foundation; and
            (B) conduct a comprehensive analysis of the impact on all 
        Coast Guard activities, including operations, maintenance, 
        procurements, and end strength, of the acquisition of polar 
        icebreakers described in subparagraph (A) by the Coast Guard or 
        the National Science Foundation assuming that total Coast Guard 
        funding will not increase more than the annual rate of 
        inflation.
        (2) Report.--Not later than 1 year after the date of enactment 
    of this Act, the Secretary of the department in which the Coast 
    Guard is operating shall submit a report containing the results of 
    the analyses required under paragraph (1), together with 
    recommendations the Commandant considers appropriate under section 
    93(a)(24) of title 14, United States Code, to the Committee on 
    Commerce, Science, and Transportation of the Senate and the 
    Committee on Transportation and Infrastructure of the House of 
    Representatives.
    (g) High-Latitude Study.--Not later than 90 days after the date of 
enactment of this Act or the date of completion of the ongoing High-
Latitude Study to assess polar icebreaking mission requirements for all 
Coast Guard missions including search and rescue, marine pollution 
response and prevention, fisheries enforcement, and maritime commerce, 
whichever occurs later, the Commandant of the Coast Guard shall submit 
a report containing the results of the study, together with 
recommendations the Commandant considers appropriate under section 
93(a)(24) of title 14, United States Code, to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives.
    (h) Arctic Definition.--In this section the term ``Arctic'' has the 
same meaning as in section 112 of the Arctic Research and Policy Act of 
1984 (15 U.S.C. 4111).

                      TITLE IV--ACQUISITION REFORM

    SEC. 401. CHIEF ACQUISITION OFFICER.
    (a) In General.--Chapter 3 of title 14, United States Code, is 
further amended by adding at the end the following:
``Sec. 56. Chief Acquisition Officer
    ``(a) In General.--There shall be in the Coast Guard a Chief 
Acquisition Officer selected by the Commandant who shall be a Rear 
Admiral or civilian from the Senior Executive Service (career reserved) 
and who meets the qualifications set forth under subsection (b). The 
Chief Acquisition Officer shall serve at the Assistant Commandant level 
and have acquisition management as that individual's primary duty.
    ``(b) Qualifications.--
        ``(1) The Chief Acquisition Officer and any flag officer 
    serving in the Acquisition Directorate shall be an acquisition 
    professional with a Level III acquisition management certification 
    and must have at least 10 years experience in an acquisition 
    position, of which at least 4 years were spent as--
            ``(A) the program executive officer;
            ``(B) the program manager of a Level 1 or Level 2 
        acquisition project or program;
            ``(C) the deputy program manager of a Level 1 or Level 2 
        acquisition;
            ``(D) the project manager of a Level 1 or Level 2 
        acquisition; or
            ``(E) any other acquisition position of significant 
        responsibility in which the primary duties are supervisory or 
        management duties.
        ``(2) The Commandant shall periodically publish a list of the 
    positions designated under paragraph (1).
        ``(3) In this subsection each of the terms `Level 1 
    acquisition' and `Level 2 acquisition' has the meaning that term 
    has in chapter 15 of this title.
    ``(c) Functions of the Chief Acquisition Officer.--The functions of 
the Chief Acquisition Officer include--
        ``(1) monitoring the performance of acquisition projects and 
    programs on the basis of applicable performance measurements and 
    advising the Commandant, through the chain of command, regarding 
    the appropriate business strategy to achieve the missions of the 
    Coast Guard;
        ``(2) maximizing the use of full and open competition at the 
    prime contract and subcontract levels in the acquisition of 
    property, capabilities, assets, and services by the Coast Guard by 
    establishing policies, procedures, and practices that ensure that 
    the Coast Guard receives a sufficient number of sealed bids or 
    competitive proposals from responsible sources to fulfill the 
    Government's requirements, including performance and delivery 
    schedules, at the lowest cost or best value considering the nature 
    of the property, capability, asset, or service procured;
        ``(3) making acquisition decisions in concurrence with the 
    technical authority, or technical authorities, of the Coast Guard, 
    as designated by the Commandant, consistent with all other 
    applicable laws and decisions establishing procedures within the 
    Coast Guard;
        ``(4) ensuring the use of detailed performance specifications 
    in instances in which performance-based contracting is used;
        ``(5) managing the direction of acquisition policy for the 
    Coast Guard, including implementation of the unique acquisition 
    policies, regulations, and standards of the Coast Guard;
        ``(6) developing and maintaining an acquisition career 
    management program in the Coast Guard to ensure that there is an 
    adequate acquisition workforce;
        ``(7) assessing the requirements established for Coast Guard 
    personnel regarding knowledge and skill in acquisition resources 
    and management and the adequacy of such requirements for 
    facilitating the achievement of the performance goals established 
    for acquisition management;
        ``(8) developing strategies and specific plans for hiring, 
    training, and professional development; and
        ``(9) reporting to the Commandant, through the chain of 
    command, on the progress made in improving acquisition management 
    capability.''.
    (b) Clerical Amendment.--The table of contents for chapter 3 of 
title 14, United States Code, is amended by adding at the end the 
following:

``56. Chief Acquisition Officer.''.

    (c) Selection Deadline.--As soon as practicable after the date of 
enactment of this Act, but no later than October 1, 2011, the 
Commandant of the Coast Guard shall select a Chief Acquisition Officer 
under section 56 of title 14, United States Code, as amended by this 
section.
    (d) Special Rate Supplements.--
        (1) Requirement to establish.--Not later than 1 year after the 
    date of enactment of this Act and in accordance with part 9701.333 
    of title 5, Code of Federal Regulations, the Commandant of the 
    Coast Guard shall establish special rate supplements that provide 
    higher pay levels for employees necessary to carry out the 
    amendment made by this section.
        (2) Subject to appropriations.--The requirement under paragraph 
    (1) is subject to the availability of appropriations.
    (e) Elevation of Disputes to the Chief Acquisition Officer.--If, 
after 90 days following the elevation to the Chief Acquisition Officer 
of any design or other dispute regarding Level 1 or Level 2 
acquisition, the dispute remains unresolved, the Commandant shall 
provide to the appropriate congressional committees a detailed 
description of the issue and the rationale underlying the decision 
taken by the Chief Acquisition Officer to resolve the issue.
    SEC. 402. ACQUISITIONS.
    (a) In General.--Part I of title 14, United States Code, is amended 
by inserting after chapter 13 the following:

                       ``Chapter 15--Acquisitions

                    ``subchapter i--general provisions

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

       ``subchapter ii--improved acquisition process and procedures

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

                      ``subchapter iii--definitions

``581. Definitions.

                   ``SUBCHAPTER I--GENERAL PROVISIONS

``Sec. 561. Acquisition directorate
    ``(a) Establishment.--The Commandant of the Coast Guard shall 
establish an acquisition directorate to provide guidance and oversight 
for the implementation and management of all Coast Guard acquisition 
processes, programs, and projects.
    ``(b) Mission.--The mission of the acquisition directorate is--
        ``(1) to acquire and deliver assets and systems that increase 
    operational readiness, enhance mission performance, and create a 
    safe working environment; and
        ``(2) to assist in the development of a workforce that is 
    trained and qualified to further the Coast Guard's missions and 
    deliver the best-value products and services to the Nation.
``Sec. 562. Improvements in Coast Guard acquisition management
    ``(a) Project or Program Managers.--
        ``(1) Level 1 projects.--An individual may not be assigned as 
    the project or program manager for a Level 1 acquisition unless the 
    individual holds a Level III acquisition certification as a program 
    manager.
        ``(2) Level 2 projects.--An individual may not be assigned as 
    the project or program manager for a Level 2 acquisition unless the 
    individual holds a Level II acquisition certification as a program 
    manager.
    ``(b) Guidance on Tenure and Accountability of Program and Project 
Managers.--
        ``(1) Issuance of guidance.--Not later than one year after the 
    date of enactment of the Coast Guard Authorization Act for Fiscal 
    Years 2010 and 2011, the Commandant shall issue guidance to address 
    the qualifications, resources, responsibilities, tenure, and 
    accountability of program and project managers for the management 
    of acquisition projects and programs. The guidance shall address, 
    at a minimum--
            ``(A) the qualifications required for project or program 
        managers, including the number of years of acquisition 
        experience and the professional training levels to be required 
        of those appointed to project or program management positions;
            ``(B) authorities available to project or program managers, 
        including, to the extent appropriate, the authority to object 
        to the addition of new program requirements that would be 
        inconsistent with the parameters established for an acquisition 
        program; and
            ``(C) the extent to which a project or program manager who 
        initiates a new acquisition project or program will continue in 
        management of that project or program without interruption 
        until the delivery of the first production units of the 
        program.
        ``(2) Strategy.--
            ``(A) In general.--Not later than 18 months after the date 
        of enactment of this section, the Commandant shall develop a 
        comprehensive strategy for enhancing the role of Coast Guard 
        project or program managers in developing and carrying out 
        acquisition programs.
            ``(B) Matters to be addressed.--The strategy required by 
        this section shall address, at a minimum--
                ``(i) the creation of a specific career path and career 
            opportunities for individuals who are or may become project 
            or program managers, including the rotational assignments 
            that will be provided to project or program managers;
                ``(ii) the provision of enhanced training and 
            educational opportunities for individuals who are or may 
            become project or program managers;
                ``(iii) the provision of mentoring support to current 
            and future project or program managers by experienced 
            senior executives and program managers within the Coast 
            Guard, and through rotational assignments to the Department 
            of Defense;
                ``(iv) the methods by which the Coast Guard will 
            collect and disseminate best practices and lessons learned 
            on systems acquisition to enhance project and program 
            management throughout the Coast Guard;
                ``(v) the templates and tools that will be used to 
            support improved data gathering and analysis for project 
            and program management and oversight purposes, including 
            the metrics that will be utilized to assess the 
            effectiveness of Coast Guard project or program managers in 
            managing systems acquisition efforts; and
                ``(vi) the methods by which the accountability of 
            project or program managers for the results of acquisition 
            projects and programs will be increased.
    ``(c) Acquisition Workforce.--
        ``(1) In general.--The Commandant shall designate a sufficient 
    number of positions to be in the Coast Guard's acquisition 
    workforce to perform acquisition-related functions at Coast Guard 
    headquarters and field activities.
        ``(2) Required positions.--In designating positions under 
    subsection (a), the Commandant shall include, at a minimum, 
    positions encompassing the following competencies and functions:
            ``(A) Program management.
            ``(B) Systems planning, research, development, engineering, 
        and testing.
            ``(C) Procurement, including contracting.
            ``(D) Industrial and contract property management.
            ``(E) Life-cycle logistics.
            ``(F) Quality control and assurance.
            ``(G) Manufacturing and production.
            ``(H) Business, cost estimating, financial management, and 
        auditing.
            ``(I) Acquisition education, training, and career 
        development.
            ``(J) Construction and facilities engineering.
            ``(K) Testing and evaluation.
        ``(3) Acquisition management headquarter activities.--The 
    Commandant shall also designate as positions in the acquisition 
    workforce under paragraph (1) those acquisition-related positions 
    located at Coast Guard headquarters units.
        ``(4) Appropriate expertise required.--The Commandant shall 
    ensure that each individual assigned to a position in the 
    acquisition workforce has the appropriate expertise to carry out 
    the responsibilities of that position.
    ``(d) Management Information System.--
        ``(1) In general.--The Commandant shall establish a management 
    information system capability to improve acquisition workforce 
    management and reporting.
        ``(2) Information maintained.--Information maintained with such 
    capability shall include the following standardized information on 
    individuals assigned to positions in the workforce:
            ``(A) Qualifications, assignment history, and tenure of 
        those individuals assigned to positions in the acquisition 
        workforce or holding acquisition-related certifications.
            ``(B) Promotion rates for officers and members of the Coast 
        Guard in the acquisition workforce.
    ``(e) Report on Adequacy of Acquisition Workforce.--
        ``(1) In general.--The Commandant shall report to the 
    appropriate congressional committees and the Committee on Homeland 
    Security of the House of Representatives by July 1 of each year on 
    the scope of the acquisition activities to be performed in the next 
    fiscal year and on the adequacy of the current acquisition 
    workforce to meet that anticipated workload.
        ``(2) Contents.--The report shall--
            ``(A) specify the number of officers, members, and 
        employees of the Coast Guard currently and planned to be 
        assigned to each position designated under subsection (c); and
            ``(B) identify positions that are understaffed to meet the 
        anticipated acquisition workload, and actions that will be 
        taken to correct such understaffing.
    ``(f) Appointments to Acquisition Positions.--The Commandant shall 
ensure that no requirement or preference for officers or members of the 
Coast Guard is used in the consideration of persons for positions in 
the acquisition workforce.
    ``(g) Career Paths.--
        ``(1) Identification of career paths.--To establish acquisition 
    management as a core competency of the Coast Guard, the Commandant 
    shall--
            ``(A) ensure that career paths for officers, members, and 
        employees of the Coast Guard who wish to pursue careers in 
        acquisition are identified in terms of the education, training, 
        experience, and assignments necessary for career progression of 
        those officers, members, and employees to the most senior 
        positions in the acquisition workforce; and
            ``(B) publish information on such career paths.
        ``(2) Promotion parity.--The Commandant shall ensure that 
    promotion parity is established for officers and members of the 
    Coast Guard who have been assigned to the acquisition workforce 
    relative to officers and members who have not been assigned to the 
    acquisition workforce.
``Sec. 563. Recognition of Coast Guard personnel for excellence in 
   acquisition
    ``(a) In General.--Not later than 180 days after the date of 
enactment of the Coast Guard Authorization Act for Fiscal Years 2010 
and 2011, the Commandant shall commence implementation of a program to 
recognize excellent performance by individuals and teams comprised of 
officers, members, and employees of the Coast Guard that contributed to 
the long-term success of a Coast Guard acquisition project or program.
    ``(b) Elements.--The program shall include--
        ``(1) specific award categories, criteria, and eligibility and 
    manners of recognition;
        ``(2) procedures for the nomination by personnel of the Coast 
    Guard of individuals and teams comprised of officers, members, and 
    employees of the Coast Guard for recognition under the program; and
        ``(3) procedures for the evaluation of nominations for 
    recognition under the program by one or more panels of individuals 
    from the Government, academia, and the private sector who have such 
    expertise and are appointed in such manner as the Commandant shall 
    establish for the purposes of this program.
    ``(c) Award of Cash Bonuses.--As part of the program required by 
subsection (a), the Commandant, subject to the availability of 
appropriations, may award to any civilian employee recognized pursuant 
to the program a cash bonus to the extent that the performance of such 
individual so recognized warrants the award of such bonus.
``Sec. 564. Prohibition on use of lead systems integrators
    ``(a) In General.--
        ``(1) Use of lead systems integrator.--Except as provided in 
    subsection (b), the Commandant may not use a private sector entity 
    as a lead systems integrator for an acquisition contract awarded or 
    delivery order or task order issued after the date of enactment of 
    the Coast Guard Authorization Act for Fiscal Years 2010 and 2011.
        ``(2) Full and open competition.--The Commandant and any lead 
    systems integrator engaged by the Coast Guard, pursuant to the 
    exceptions described in subsection (b), shall use full and open 
    competition for any acquisition contract awarded after the date of 
    enactment of that Act, unless otherwise excepted in accordance with 
    Federal acquisition laws and regulations promulgated under those 
    laws, including the Federal Acquisition Regulation.
        ``(3) No effect on small business act.--Nothing in this 
    subsection shall be construed to supersede or otherwise affect the 
    authorities provided by and under the Small Business Act (15 U.S.C. 
    631 et seq.).
    ``(b) Exceptions.--
        ``(1) National distress and response system modernization 
    program; c4isr; national security cutters 2 and 3.--Notwithstanding 
    subsection (a), the Commandant may use a private sector entity as a 
    lead systems integrator for the Coast Guard to complete the 
    National Distress and Response System Modernization Program 
    (otherwise known as the `Rescue 21' program), the C4ISR projects 
    directly related to the Integrated Deepwater program, and National 
    Security Cutters 2 and 3, if the Secretary of the department in 
    which the Coast Guard is operating certifies that--
            ``(A) the acquisition is in accordance with Federal law and 
        the Federal Acquisition Regulation; and
            ``(B) the acquisition and the use of a private sector lead 
        systems integrator for the acquisition is in the best interest 
        of the Federal Government.
        ``(2) Report on decisionmaking process.--If the Commandant uses 
    a private sector lead systems integrator for an acquisition, the 
    Commandant shall notify in writing the appropriate congressional 
    committees of the Commandant's determination and shall provide to 
    such committees a detailed rationale for the determination, at 
    least 30 days before the award of a contract or issuance of a 
    delivery order or task order, using a private sector lead systems 
    integrator, including a comparison of the cost of the acquisition 
    through the private sector lead systems integrator with the 
    expected cost if the acquisition were awarded directly to the 
    manufacturer or shipyard. For purposes of that comparison, the cost 
    of award directly to a manufacturer or shipyard shall include the 
    costs of Government contract management and oversight.
    ``(c) Limitation on Lead Systems Integrators.--Neither an entity 
performing lead systems integrator functions for a Coast Guard 
acquisition nor a Tier 1 subcontractor for any acquisition may have a 
financial interest in a subcontractor below the Tier 1 subcontractor 
level unless--
        ``(1) the subcontractor was selected by the prime contractor 
    through full and open competition for such procurement;
        ``(2) the procurement was awarded by the lead systems 
    integrator or a subcontractor through full and open competition;
        ``(3) the procurement was awarded by a subcontractor through a 
    process over which the lead systems integrator and a Tier 1 
    subcontractor exercised no control; or
        ``(4) the Commandant has determined that the procurement was 
    awarded in a manner consistent with Federal acquisition laws and 
    regulations promulgated under those laws, including the Federal 
    Acquisition Regulation.
    ``(d) Termination Date for Exceptions.--Except as described in 
subsection (b)(1), the Commandant may not use a private sector entity 
as a lead systems integrator for acquisition contracts awarded, or task 
orders or delivery orders issued, after the earlier of--
        ``(1) September 30, 2011; or
        ``(2) the date on which the Commandant certifies in writing to 
    the appropriate congressional committees that the Coast Guard has 
    available and can retain sufficient acquisition workforce personnel 
    and expertise within the Coast Guard, through an arrangement with 
    other Federal agencies, or through contracts or other arrangements 
    with private sector entities, to perform the functions and 
    responsibilities of the lead systems integrator in an efficient and 
    cost-effective manner.
``Sec. 565. Required contract terms
    ``(a) In General.--The Commandant shall ensure that a contract 
awarded or a delivery order or task order issued for an acquisition of 
a capability or an asset with an expected service life of 10 or more 
years and with a total acquisition cost that is equal to or exceeds 
$10,000,000 awarded or issued by the Coast Guard after the date of 
enactment of the Coast Guard Authorization Act for Fiscal Years 2010 
and 2011--
        ``(1) provides that all certifications for an end-state 
    capability or asset under such contract, delivery order, or task 
    order, respectively, will be conducted by the Commandant or an 
    independent third party, and that self-certification by a 
    contractor or subcontractor is not allowed;
        ``(2) provides that the Commandant shall maintain the authority 
    to establish, approve, and maintain technical requirements;
        ``(3) requires that any measurement of contractor and 
    subcontractor performance be based on the status of all work 
    performed, including the extent to which the work performed met all 
    performance, cost, and schedule requirements;
        ``(4) specifies that, for the acquisition or upgrade of air, 
    surface, or shore capabilities and assets for which compliance with 
    TEMPEST certification is a requirement, the standard for 
    determining such compliance will be the air, surface, or shore 
    standard then used by the Department of the Navy for that type of 
    capability or asset; and
        ``(5) for any contract awarded to acquire an Offshore Patrol 
    Cutter, includes provisions specifying the service life, fatigue 
    life, and days underway in general Atlantic and North Pacific Sea 
    conditions, maximum range, and maximum speed the cutter will be 
    built to achieve.
    ``(b) Prohibited Provisions.--
        ``(1) In general.--The Commandant shall ensure that any 
    contract awarded or delivery order or task order issued by the 
    Coast Guard after the date of enactment of the Coast Guard 
    Authorization Act of 2010 does not include any provision allowing 
    for equitable adjustment that is not consistent with the Federal 
    Acquisition Regulations.
        ``(2) Extension of program.--A contract, contract modification, 
    or award term extending a contract with a lead systems integrator--
            ``(A) may not include any minimum requirements for the 
        purchase of a given or determinable number of specific 
        capabilities or assets; and
            ``(B) shall be reviewed by an independent third party with 
        expertise in acquisition management, and the results of that 
        review shall be submitted to the appropriate congressional 
        committees at least 60 days prior to the award of the contract, 
        contract modification, or award term.
    ``(c) Integrated Product Teams.--Integrated product teams, and all 
teams that oversee integrated product teams, shall be chaired by 
officers, members, or employees of the Coast Guard.
    ``(d) Technical Authority.--The Commandant shall maintain or 
designate the technical authority to establish, approve, and maintain 
technical requirements. Any such designation shall be made in writing 
and may not be delegated to the authority of the Chief Acquisition 
Officer established by section 56 of this title.
``Sec. 566. Department of Defense consultation
    ``(a) In General.--The Commandant shall make arrangements as 
appropriate with the Secretary of Defense for support in contracting 
and management of Coast Guard acquisition programs. The Commandant 
shall also seek opportunities to make use of Department of Defense 
contracts, and contracts of other appropriate agencies, to obtain the 
best possible price for assets acquired for the Coast Guard.
    ``(b) Interservice Technical Assistance.--The Commandant shall seek 
to enter into a memorandum of understanding or a memorandum of 
agreement with the Secretary of the Navy to obtain the assistance of 
the Office of the Assistant Secretary of the Navy for Research, 
Development, and Acquisition, including the Navy Systems Command, with 
the oversight of Coast Guard major acquisition programs. The memorandum 
of understanding or memorandum of agreement shall, at a minimum, 
provide for--
        ``(1) the exchange of technical assistance and support that the 
    Assistant Commandants for Acquisition, Human Resources, 
    Engineering, and Information technology may identify;
        ``(2) the use, as appropriate, of Navy technical expertise; and
        ``(3) the temporary assignment or exchange of personnel between 
    the Coast Guard and the Office of the Assistant Secretary of the 
    Navy for Research, Development, and Acquisition, including Naval 
    Systems Command, to facilitate the development of organic 
    capabilities in the Coast Guard.
    ``(c) Technical Requirement Approval Procedures.--The Chief 
Acquisition Officer shall adopt, to the extent practicable, procedures 
modeled after those used by the Navy Senior Acquisition Official to 
approve all technical requirements.
    ``(d) Assessment.--Within 180 days after the date of enactment of 
the Coast Guard Authorization Act for fiscal years 2010 and 2011, the 
Comptroller General of the United States shall transmit a report to the 
appropriate congressional committees that--
        ``(1) contains an assessment of current Coast Guard acquisition 
    and management capabilities to manage Level 1 and Level 2 
    acquisitions;
        ``(2) includes recommendations as to how the Coast Guard can 
    improve its acquisition management, either through internal reforms 
    or by seeking acquisition expertise from the Department of Defense; 
    and
        ``(3) addresses specifically the question of whether the Coast 
    Guard can better leverage Department of Defense or other agencies' 
    contracts that would meet the needs of Level 1 or Level 2 
    acquisitions in order to obtain the best possible price.
``Sec. 567. Undefinitized contractual actions
    ``(a) In General.--The Coast Guard may not enter into an 
undefinitized contractual action unless such action is directly 
approved by the Head of Contracting Activity of the Coast Guard.
    ``(b) Requests for Undefinitized Contractual Actions.--Any request 
to the Head of Contracting Activity for approval of an undefinitized 
contractual action shall include a description of the anticipated 
effect on requirements of the Coast Guard if a delay is incurred for 
the purposes of determining contractual terms, specifications, and 
price before performance is begun under the contractual action.
    ``(c) Requirements for Undefinitized Contractual Actions.--
        ``(1) Deadline for agreement on terms, specifications, and 
    price.--A contracting officer of the Coast Guard may not enter into 
    an undefinitized contractual action unless the contractual action 
    provides for agreement upon contractual terms, specification, and 
    price by the earlier of--
            ``(A) the end of the 180-day period beginning on the date 
        on which the contractor submits a qualifying proposal to 
        definitize the contractual terms, specifications, and price; or
            ``(B) the date on which the amount of funds obligated under 
        the contractual action is equal to more than 50 percent of the 
        negotiated overall ceiling price for the contractual action.
        ``(2) Limitation on obligations.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        the contracting officer for an undefinitized contractual action 
        may not obligate under such contractual action an amount that 
        exceeds 50 percent of the negotiated overall ceiling price 
        until the contractual terms, specifications, and price are 
        definitized for such contractual action.
            ``(B) Exception.--Notwithstanding subparagraph (A), if a 
        contractor submits a qualifying proposal to definitize an 
        undefinitized contractual action before an amount that exceeds 
        50 percent of the negotiated overall ceiling price is obligated 
        on such action, the contracting officer for such action may not 
        obligate with respect to such contractual action an amount that 
        exceeds 75 percent of the negotiated overall ceiling price 
        until the contractual terms, specifications, and price are 
        definitized for such contractual action.
        ``(3) Waiver.--The Commandant may waive the application of this 
    subsection with respect to a contract if the Commandant determines 
    that the waiver is necessary to support--
            ``(A) a contingency operation (as that term is defined in 
        section 101(a)(13) of title 10);
            ``(B) operations to prevent or respond to a transportation 
        security incident (as defined in section 70101(6) of title 46);
            ``(C) an operation in response to an emergency that poses 
        an unacceptable threat to human health or safety or to the 
        marine environment; or
            ``(D) an operation in response to a natural disaster or 
        major disaster or emergency designated by the President under 
        the Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act (42 U.S.C. 5121 et seq.).
        ``(4) Limitation on application.--This subsection does not 
    apply to an undefinitized contractual action for the purchase of 
    initial spares.
    ``(d) Inclusion of Nonurgent Requirements.--Requirements for spare 
parts and support equipment that are not needed on an urgent basis may 
not be included in an undefinitized contractual action by the Coast 
Guard for spare parts and support equipment that are needed on an 
urgent basis unless the Commandant approves such inclusion as being--
        ``(1) good business practice; and
        ``(2) in the best interests of the United States.
    ``(e) Modification of Scope.--The scope of an undefinitized 
contractual action under which performance has begun may not be 
modified unless the Commandant approves such modification as being--
        ``(1) good business practice; and
        ``(2) in the best interests of the United States.
    ``(f) Allowable Profit.--The Commandant shall ensure that the 
profit allowed on an undefinitized contractual action for which the 
final price is negotiated after a substantial portion of the 
performance required is completed reflects--
        ``(1) the possible reduced cost risk of the contractor with 
    respect to costs incurred during performance of the contract before 
    the final price is negotiated; and
        ``(2) the reduced cost risk of the contractor with respect to 
    costs incurred during performance of the remaining portion of the 
    contract.
    ``(g) Definitions.--In this section:
        ``(1) Undefinitized contractual action.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        the term `undefinitized contractual action' means a new 
        procurement action entered into by the Coast Guard for which 
        the contractual terms, specifications, or price are not agreed 
        upon before performance is begun under the action.
            ``(B) Exclusion.--The term `undefinitized contractual 
        action' does not include contractual actions with respect to--
                ``(i) foreign military sales;
                ``(ii) purchases in an amount not in excess of the 
            amount of the simplified acquisition threshold; or
                ``(iii) special access programs.
        ``(2) Qualifying proposal.--The term ``qualifying proposal' 
    means a proposal that contains sufficient information to enable 
    complete and meaningful audits of the information contained in the 
    proposal as determined by the contracting officer.
``Sec. 568. Guidance on excessive pass-through charges
    ``(a) In General.--Not later than 180 days after the date of 
enactment of the Coast Guard Authorization Act for Fiscal Years 2010 
and 2011, the Commandant shall issue guidance to ensure that pass-
through charges on contracts, subcontracts, delivery orders, and task 
orders that are entered into with a private entity acting as a lead 
systems integrator by or on behalf of the Coast Guard are not excessive 
in relation to the cost of work performed by the relevant contractor or 
subcontractor. The guidance shall, at a minimum--
        ``(1) set forth clear standards for determining when no, or 
    negligible, value has been added to a contract by a contractor or 
    subcontractor;
        ``(2) set forth procedures for preventing the payment by the 
    Government of excessive pass-through charges; and
        ``(3) identify any exceptions determined by the Commandant to 
    be in the best interest of the Government.
    ``(b) Excessive Pass-Through Charge Defined.--In this section the 
term `excessive pass-through charge', with respect to a contractor or 
subcontractor that adds no, or negligible, value to a contract or 
subcontract, means a charge to the Government by the contractor or 
subcontractor that is for overhead or profit on work performed by a 
lower tier contractor or subcontractor, other than reasonable charges 
for the direct costs of managing lower tier contractors and 
subcontracts and overhead and profit based on such direct costs.
    ``(c) Application of Guidance.--The guidance under this subsection 
shall apply to contracts awarded to a private entity acting as a lead 
systems integrator by or on behalf of the Coast Guard on or after the 
date that is 360 days after the date of enactment of the Coast Guard 
Authorization Act for Fiscal Years 2010 and 2011.
``Sec. 569. Report on former Coast Guard officials employed by 
   contractors to the agency
    ``(a) Report Required.--Not later than December 31, 2011, and 
annually thereafter, the Comptroller General of the United States shall 
submit a report to the appropriate congressional committees on the 
employment during the preceding year by Coast Guard contractors of 
individuals who were Coast Guard officials in the previous 5-year 
period. The report shall assess the extent to which former Coast Guard 
officials were provided compensation by Coast Guard contractors in the 
preceding calendar year.
    ``(b) Objectives of Report.--At a minimum, the report required by 
this section shall assess the extent to which former Coast Guard 
officials who receive compensation from Coast Guard contractors have 
been assigned by those contractors to work on contracts or programs 
between the contractor and the Coast Guard, including contracts or 
programs for which the former official personally had oversight 
responsibility or decisionmaking authority when they served in or 
worked for the Coast Guard.
    ``(c) Confidentiality Requirement.--The report required by this 
subsection shall not include the names of the former Coast Guard 
officials who receive compensation from Coast Guard contractors.
    ``(d) Access to Information.--A Coast Guard contractor shall 
provide the Comptroller General access to information requested by the 
Comptroller General for the purpose of conducting the study required by 
this section.
    ``(e) Definitions.--In this section:
        ``(1) Coast guard contractor.--The term `Coast Guard 
    contractor' includes any person that received at least $10,000,000 
    in contractor awards from the Coast Guard in the calendar year 
    covered by the annual report.
        ``(2) Coast guard official.--The term `Coast Guard official' 
    includes former officers of the Coast Guard who were compensated at 
    a rate of pay for grade O-7 or above during the calendar year prior 
    to the date on which they separated from the Coast Guard, and 
    former civilian employees of the Coast Guard who served at any 
    Level of the Senior Executive Service under subchapter VIII of 
    chapter 53 of title 5, United States Code, during the calendar year 
    prior to the date on which they separated from the Coast Guard.

      ``SUBCHAPTER II--IMPROVED ACQUISITION PROCESS AND PROCEDURES

``Sec. 571. Identification of major system acquisitions
    ``(a) In General.--
        ``(1) Support mechanisms.--The Commandant shall develop and 
    implement mechanisms to support the establishment of mature and 
    stable operational requirements for all acquisitions.
        ``(2) Mission analysis; affordability assessment.--The 
    Commandant may not initiate a Level 1 or Level 2 acquisition 
    project or program until the Commandant--
            ``(A) completes a mission analysis that--
                ``(i) identifies the specific capability gaps to be 
            addressed by the project or program; and
                ``(ii) develops a clear mission need to be addressed by 
            the project or program; and
            ``(B) prepares a preliminary affordability assessment for 
        the project or program.
    ``(b) Elements.--
        ``(1) Requirements.--The mechanisms required by subsection (a) 
    shall ensure the implementation of a formal process for the 
    development of a mission-needs statement, concept-of-operations 
    document, capability development plan, and resource proposal for 
    the initial project or program funding, and shall ensure the 
    project or program is included in the Coast Guard Capital 
    Investment Plan.
        ``(2) Assessment of trade-offs.--In conducting an affordability 
    assessment under subsection (a)(2)(B), the Commandant shall develop 
    and implement mechanisms to ensure that trade-offs among cost, 
    schedule, and performance are considered in the establishment of 
    preliminary operational requirements for development and production 
    of new assets and capabilities for Level 1 and Level 2 acquisitions 
    projects and programs.
    ``(c) Human Resource Capital Planning.--The Commandant shall 
develop staffing predictions, define human capital performance 
initiatives, and identify preliminary training needs required to 
implement each Level 1 and Level 2 acquisition project and program.
``Sec. 572. Acquisition
    ``(a) In General.--The Commandant may not establish a Level 1 or 
Level 2 acquisition project or program until the Commandant--
        ``(1) clearly defines the operational requirements for the 
    project or program;
        ``(2) establishes the feasibility of alternatives;
        ``(3) develops an acquisition project or program baseline;
        ``(4) produces a life-cycle cost estimate; and
        ``(5) assesses the relative merits of alternatives to determine 
    a preferred solution in accordance with the requirements of this 
    section.
    ``(b) Submission Required Before Proceeding.--Any Coast Guard Level 
1 or Level 2 acquisition project or program may not begin to obtain any 
capability or asset or proceed beyond that phase of its development 
that entails approving the supporting acquisition until the Commandant 
submits to the appropriate congressional committees the following:
        ``(1) The key performance parameters, the key system 
    attributes, and the operational performance attributes of the 
    capability or asset to be acquired under the proposed acquisition 
    project or program.
        ``(2) A detailed list of the systems or other capabilities with 
    which the capability or asset to be acquired is intended to be 
    interoperable, including an explanation of the attributes of 
    interoperability.
        ``(3) The anticipated acquisition project or program baseline 
    and acquisition unit cost for the capability or asset to be 
    acquired under the project or program.
        ``(4) A detailed schedule for the acquisition process showing 
    when all capability and asset acquisitions are to be completed and 
    when all acquired capabilities and assets are to be initially and 
    fully deployed.
    ``(c) Analysis of Alternatives.--
        ``(1) In general.--The Coast Guard may not acquire an 
    experimental or technically immature capability or asset or 
    implement a Level 1 or Level 2 acquisition project or program, 
    unless it has prepared an analysis of alternatives for the 
    capability or asset to be acquired in the concept and technology 
    development phase of the acquisition process for the capability or 
    asset.
        ``(2) Requirements.--The analysis of alternatives shall be 
    prepared by a federally funded research and development center, a 
    qualified entity of the Department of Defense, or a similar 
    independent third-party entity that has appropriate acquisition 
    expertise and has no financial interest in any part of the 
    acquisition project or program that is the subject of the analysis. 
    At a minimum, the analysis of alternatives shall include--
            ``(A) an assessment of the technical maturity of the 
        capability or asset, and technical and other risks;
            ``(B) an examination of capability, interoperability, and 
        other advantages and disadvantages;
            ``(C) an evaluation of whether different combinations or 
        quantities of specific assets or capabilities could meet the 
        Coast Guard's overall performance needs;
            ``(D) a discussion of key assumptions and variables, and 
        sensitivity to change in such assumptions and variables;
            ``(E) when an alternative is an existing capability, asset, 
        or prototype, an evaluation of relevant safety and performance 
        records and costs;
            ``(F) a calculation of life-cycle costs including--
                ``(i) an examination of likely research and development 
            costs and the levels of uncertainty associated with such 
            estimated costs;
                ``(ii) an examination of likely production and 
            deployment costs and the levels of uncertainty associated 
            with such estimated costs;
                ``(iii) an examination of likely operating and support 
            costs and the levels of uncertainty associated with such 
            estimated costs;
                ``(iv) if they are likely to be significant, an 
            examination of likely disposal costs and the levels of 
            uncertainty associated with such estimated costs; and
                ``(v) such additional measures as the Commandant or the 
            Secretary of the department in which the Coast Guard is 
            operating determines to be necessary for appropriate 
            evaluation of the capability or asset; and
            ``(G) the business case for each viable alternative.
    ``(d) Test and Evaluation Master Plan.--
        ``(1) In general.--For any Level 1 or Level 2 acquisition 
    project or program the Chief Acquisition Officer must approve a 
    test and evaluation master plan specific to the acquisition project 
    or program for the capability, asset, or subsystems of the 
    capability or asset and intended to minimize technical, cost, and 
    schedule risk as early as practicable in the development of the 
    project or program.
        ``(2) Test and evaluation strategy.--The master plan shall--
            ``(A) set forth an integrated test and evaluation strategy 
        that will verify that capability-level or asset-level and 
        subsystem-level design and development, including performance 
        and supportability, have been sufficiently proven before the 
        capability, asset, or subsystem of the capability or asset is 
        approved for production; and
            ``(B) require that adequate developmental tests and 
        evaluations and operational tests and evaluations established 
        under subparagraph (A) are performed to inform production 
        decisions.
        ``(3) Other components of the master plan.--At a minimum, the 
    master plan shall identify--
            ``(A) the key performance parameters to be resolved through 
        the integrated test and evaluation strategy;
            ``(B) critical operational issues to be assessed in 
        addition to the key performance parameters;
            ``(C) specific development test and evaluation phases and 
        the scope of each phase;
            ``(D) modeling and simulation activities to be performed, 
        if any, and the scope of such activities;
            ``(E) early operational assessments to be performed, if 
        any, and the scope of such assessments;
            ``(F) operational test and evaluation phases;
            ``(G) an estimate of the resources, including funds, that 
        will be required for all test, evaluation, assessment, 
        modeling, and simulation activities; and
            ``(H) the Government entity or independent entity that will 
        perform the test, evaluation, assessment, modeling, and 
        simulation activities.
        ``(4) Update.--The Chief Acquisition Officer must approve an 
    updated master plan whenever there is a revision to project or 
    program test and evaluation strategy, scope, or phasing.
        ``(5) Limitation.--The Coast Guard may not--
            ``(A) proceed beyond that phase of the acquisition process 
        that entails approving the supporting acquisition of a 
        capability or asset before the master plan is approved by the 
        Chief Acquisition Officer; or
            ``(B) award any production contract for a capability, 
        asset, or subsystem for which a master plan is required under 
        this subsection before the master plan is approved by the Chief 
        Acquisition Officer.
    ``(e) Life-Cycle Cost Estimates.--
        ``(1) In general.--The Commandant shall implement mechanisms to 
    ensure the development and regular updating of life-cycle cost 
    estimates for each acquisition with a total acquisition cost that 
    equals or exceeds $10,000,000 and an expected service life of 10 or 
    more years, and to ensure that these estimates are considered in 
    decisions to develop or produce new or enhanced capabilities and 
    assets.
        ``(2) Types of estimates.--In addition to life-cycle cost 
    estimates that may be developed by acquisition program offices, the 
    Commandant shall require that an independent life-cycle cost 
    estimate be developed for each Level 1 or Level 2 acquisition 
    project or program.
        ``(3) Required updates.--For each Level 1 or Level 2 
    acquisition project or program the Commandant shall require that 
    life-cycle cost estimates shall be updated before each milestone 
    decision is concluded and the project or program enters a new 
    acquisition phase.
``Sec. 573. Preliminary development and demonstration
    ``(a) In General.--The Commandant shall ensure that developmental 
test and evaluation, operational test and evaluation, life-cycle cost 
estimates, and the development and demonstration requirements applied 
by this chapter to acquisition projects and programs are met to confirm 
that the projects or programs meet the requirements identified in the 
mission-analysis and affordability assessment prepared under section 
571(a)(2), the operational requirements developed under section 
572(a)(1) and the following development and demonstration objectives:
        ``(1) To demonstrate that the design, manufacturing, and 
    production solution is based upon a stable, producible, and cost-
    effective product design.
        ``(2) To ensure that the product capabilities meet contract 
    specifications, acceptable operational performance requirements, 
    and system security requirements.
        ``(3) To ensure that the product design is mature enough to 
    commit to full production and deployment.
    ``(b) Tests and Evaluations.--
        ``(1) In general.--The Commandant shall ensure that the Coast 
    Guard conducts developmental tests and evaluations and operational 
    tests and evaluations of a capability or asset and the subsystems 
    of the capability or asset in accordance with the master plan 
    prepared for the capability or asset under section 572(d)(1).
        ``(2) Use of third parties.--The Commandant shall ensure that 
    the Coast Guard uses independent third parties with expertise in 
    testing and evaluating the capabilities or assets and the 
    subsystems of the capabilities or assets being acquired to conduct 
    developmental tests and evaluations and operational tests and 
    evaluations whenever the Coast Guard lacks the capability to 
    conduct the tests and evaluations required by a master plan.
        ``(3) Communication of safety concerns.--The Commandant shall 
    require that safety concerns identified during developmental or 
    operational tests and evaluations or through independent or 
    Government-conducted design assessments of capabilities or assets 
    and subsystems of capabilities or assets to be acquired by the 
    Coast Guard shall be communicated as soon as practicable, but not 
    later than 30 days after the completion of the test or assessment 
    event or activity that identified the safety concern, to the 
    program manager for the capability or asset and the subsystems 
    concerned and to the Chief Acquisition Officer.
        ``(4) Reporting of safety concerns.--Any safety concerns that 
    have been reported to the Chief Acquisition Officer for an 
    acquisition program or project shall be reported by the Commandant 
    to the appropriate congressional committees at least 90 days before 
    the award of any contract or issuance of any delivery order or task 
    order for low, initial, or full-rate production of the capability 
    or asset concerned if they will remain uncorrected or unmitigated 
    at the time such a contract is awarded or delivery order or task 
    order is issued. The report shall include a justification for the 
    approval of that level of production of the capability or asset 
    before the safety concerns are corrected or mitigated. The report 
    shall also include an explanation of the actions that will be taken 
    to correct or mitigate the safety concerns, the date by which those 
    actions will be taken, and the adequacy of current funding to 
    correct or mitigate the safety concerns.
        ``(5) Asset already in low, initial, or full-rate production.--
    If operational test and evaluation of a capability or asset already 
    in low, initial, or full-rate production identifies a safety 
    concern with the capability or asset or any subsystems of the 
    capability or asset not previously identified during developmental 
    or operational test and evaluation, the Commandant shall--
            ``(A) notify the program manager and the Chief Acquisition 
        Officer of the safety concern as soon as practicable, but not 
        later than 30 days after the completion of the test and 
        evaluation event or activity that identified the safety 
        concern; and
            ``(B) notify the Chief Acquisition Officer and include in 
        such notification--
                ``(i) an explanation of the actions that will be taken 
            to correct or mitigate the safety concern in all 
            capabilities or assets and subsystems of the capabilities 
            or assets yet to be produced, and the date by which those 
            actions will be taken;
                ``(ii) an explanation of the actions that will be taken 
            to correct or mitigate the safety concern in previously 
            produced capabilities or assets and subsystems of the 
            capabilities or assets, and the date by which those actions 
            will be taken; and
                ``(iii) an assessment of the adequacy of current 
            funding to correct or mitigate the safety concern in 
            capabilities or assets and subsystems of the capabilities 
            or assets and in previously produced capabilities or assets 
            and subsystems.
    ``(c) Technical Certification.--
        ``(1) In general.--The Commandant shall ensure that any Level 1 
    or Level 2 acquisition project or program is certified by the 
    technical authority of the Coast Guard after review by an 
    independent third party with capabilities in the mission area, 
    asset, or particular asset component.
        ``(2) TEMPEST testing.--The Commandant shall--
            ``(A) cause all electronics on all aircraft, surface, and 
        shore capabilities and assets that require TEMPEST 
        certification and that are delivered after the date of 
        enactment of the Coast Guard Authorization Act of 2010 to be 
        tested in accordance with TEMPEST standards and communications 
        security (comsec) standards by an independent third party that 
        is authorized by the Federal Government to perform such 
        testing; and
            ``(B) certify that the assets meet all applicable TEMPEST 
        requirements.
        ``(3) Cutter classification.--
            ``(A) In general.--The Commandant shall cause each cutter, 
        other than a National Security Cutter, acquired by the Coast 
        Guard and delivered after the date of enactment of the Coast 
        Guard Authorization Act of 2010 to be classed by the American 
        Bureau of Shipping before final acceptance.
            ``(B) Reports.--Not later than December 31, 2011, and 
        biennially thereafter, the Commandant shall provide a report to 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate identifying which, if any, Coast 
        Guard cutters that have been issued a certificate of 
        classification by the American Bureau of Shipping have not been 
        maintained in class and detailing the reasons why they have not 
        been maintained in class.
        ``(4) Other vessels.--The Commandant shall cause the design and 
    construction of each National Security Cutter, other than National 
    Security Cutters 1, 2, and 3, to be assessed by an independent 
    third party with expertise in vessel design and construction 
    certification.
        ``(5) Aircraft airworthiness.--The Commandant shall cause all 
    aircraft and aircraft engines acquired by the Coast Guard and 
    delivered after the date of enactment of the Coast Guard 
    Authorization Act of 2010 to be assessed for airworthiness by an 
    independent third party with expertise in aircraft and aircraft 
    engine certification before final acceptance.
``Sec. 574. Acquisition, production, deployment, and support
    ``(a) In General.--The Commandant shall--
        ``(1) ensure there is a stable and efficient production and 
    support capability to develop an asset or capability for the Coast 
    Guard;
        ``(2) conduct follow-on testing to confirm and monitor 
    performance and correct deficiencies; and
        ``(3) conduct acceptance tests and trials prior to the delivery 
    of each asset or system to ensure the delivered asset or system 
    achieves full operational capability.
    ``(b) Elements.--The Commandant shall--
        ``(1) execute production contracts;
        ``(2) ensure that delivered assets and capabilities meet 
    operational cost and schedules requirements established in the 
    acquisition program baseline;
        ``(3) validate manpower and training requirements to meet 
    system needs to operate, maintain, support, and instruct the assets 
    or capabilities; and
        ``(4) prepare an acquisition project or program transition plan 
    to enter into programmatic sustainment, operations, and support.
``Sec. 575. Acquisition program baseline breach
    ``(a) In General.--The Commandant shall submit a report to the 
appropriate congressional committees and the Committee on Homeland 
Security of the House of Representatives as soon as possible, but not 
later than 30 days, after the Chief Acquisition Officer of the Coast 
Guard becomes aware of the breach of an acquisition program baseline 
for any Level 1 or Level 2 acquisition program, by--
        ``(1) a likely cost overrun greater than 15 percent of the 
    acquisition program baseline for that individual capability or 
    asset or a class of capabilities or assets;
        ``(2) a likely delay of more than 180 days in the delivery 
    schedule for any individual capability or asset or class of 
    capabilities or assets; or
        ``(3) an anticipated failure for any individual capability or 
    asset or class of capabilities or assets to satisfy any key 
    performance threshold or parameter under the acquisition program 
    baseline.
    ``(b) Content.--The report submitted under subsection (a) shall 
include--
        ``(1) a detailed description of the breach and an explanation 
    of its cause;
        ``(2) the projected impact to performance, cost, and schedule;
        ``(3) an updated acquisition program baseline and the complete 
    history of changes to the original acquisition program baseline;
        ``(4) the updated acquisition schedule and the complete history 
    of changes to the original schedule;
        ``(5) a full life-cycle cost analysis for the capability or 
    asset or class of capabilities or assets;
        ``(6) a remediation plan identifying corrective actions and any 
    resulting issues or risks; and
        ``(7) a description of how progress in the remediation plan 
    will be measured and monitored.
    ``(c) Substantial Variances in Costs or Schedule.--If a likely cost 
overrun is greater than 20 percent or a likely delay is greater than 12 
months from the costs and schedule described in the acquisition program 
baseline for any Level 1 or Level 2 acquisition project or program of 
the Coast Guard, the Commandant shall include in the report a written 
certification, with a supporting explanation, that--
        ``(1) the capability or asset or capability or asset class to 
    be acquired under the project or program is essential to the 
    accomplishment of Coast Guard missions;
        ``(2) there are no alternatives to such capability or asset or 
    capability or asset class that will provide equal or greater 
    capability in both a more cost-effective and timely manner;
        ``(3) the new acquisition schedule and estimates for total 
    acquisition cost are reasonable; and
        ``(4) the management structure for the acquisition program is 
    adequate to manage and control performance, cost, and schedule.
``Sec. 576. Acquisition approval authority
    ``Nothing in this subchapter shall be construed as altering or 
diminishing in any way the statutory authority and responsibility of 
the Secretary of the department in which the Coast Guard is operating, 
or the Secretary's designee, to--
        ``(1) manage and administer department procurements, including 
    procurements by department components, as required by section 701 
    of the Homeland Security Act of 2002 (6 U.S.C. 341); or
        ``(2) manage department acquisition activities and act as the 
    Acquisition Decision Authority with regard to the review or 
    approval of a Coast Guard Level 1 or Level 2 acquisition project or 
    program, as required by section 16 of the Office of Federal 
    Procurement Policy Act (41 U.S.C. 414) and related implementing 
    regulations and directives.

                     ``SUBCHAPTER III--DEFINITIONS

``Sec. 581. Definitions
    ``In this chapter:
        ``(1) Appropriate congressional committees.--The term 
    `appropriate congressional committees' means the Committee on 
    Transportation and Infrastructure of the House of Representatives 
    and the Committee on Commerce, Science, and Transportation of the 
    Senate.
        ``(2) Chief acquisition officer.--The term `Chief Acquisition 
    Officer' means the officer appointed under section 56 of this 
    title.
        ``(3) Commandant.--The term `Commandant' means the Commandant 
    of the Coast Guard.
        ``(4) Level 1 acquisition.--The term `Level 1 acquisition' 
    means--
            ``(A) an acquisition by the Coast Guard--
                ``(i) the estimated life-cycle costs of which exceed 
            $1,000,000,000; or
                ``(ii) the estimated total acquisition costs of which 
            exceed $300,000,000; or
            ``(B) any acquisition that the Chief Acquisition Officer of 
        the Coast Guard determines to have a special interest--
                ``(i) due to--

                    ``(I) the experimental or technically immature 
                nature of the asset;
                    ``(II) the technological complexity of the asset;
                    ``(III) the commitment of resources; or
                    ``(IV) the nature of the capability or set of 
                capabilities to be achieved; or

                ``(ii) because such acquisition is a joint acquisition.
        ``(5) Level 2 acquisition.--The term `Level 2 acquisition' 
    means an acquisition by the Coast Guard--
            ``(A) the estimated life-cycle costs of which are equal to 
        or less than $1,000,000,000, but greater than $300,000,000; or
            ``(B) the estimated total acquisition costs of which are 
        equal to or less than $300,000,0000, but greater than 
        $100,000,000.
        ``(6) Life-cycle cost.--The term `life-cycle cost' means all 
    costs for development, procurement, construction, and operations 
    and support for a particular capability or asset, without regard to 
    funding source or management control.
        ``(7) Project or program manager defined.--The term `project or 
    program manager' means an individual designated--
            ``(A) to develop, produce, and deploy a new asset to meet 
        identified operational requirements; and
            ``(B) to manage cost, schedule, and performance of the 
        acquisition, project, or program.
        ``(8) Safety concern.--The term `safety concern' means any 
    hazard associated with a capability or asset or a subsystem of a 
    capability or asset that is likely to cause serious bodily injury 
    or death to a typical Coast Guard user in testing, maintaining, 
    repairing, or operating the capability, asset, or subsystem or any 
    hazard associated with the capability, asset, or subsystem that is 
    likely to cause major damage to the capability, asset, or subsystem 
    during the course of its normal operation by a typical Coast Guard 
    user.
        ``(9) Developmental test and evaluation.--The term 
    `developmental test and evaluation' means--
            ``(A) the testing of a capability or asset and the 
        subsystems of the capability or asset to determine whether they 
        meet all contractual performance requirements, including 
        technical performance requirements, supportability 
        requirements, and interoperability requirements and related 
        specifications; and
            ``(B) the evaluation of the results of such testing.
        ``(10) Operational test and evaluation.--The term `operational 
    test and evaluation' means--
            ``(A) the testing of a capability or asset and the 
        subsystems of the capability or asset, under conditions similar 
        to those in which the capability or asset and subsystems will 
        actually be deployed, for the purpose of determining the 
        effectiveness and suitability of the capability or asset and 
        subsystems for use by typical Coast Guard users to conduct 
        those missions for which the capability or asset and subsystems 
        are intended to be used; and
            ``(B) the evaluation of the results of such testing.''.
    (b) Conforming Amendment.--The part analysis for part I of title 
14, United States Code, is amended by inserting after the item relating 
to chapter 13 the following:

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

    SEC. 403. NATIONAL SECURITY CUTTERS.
    (a) National Security Cutters 1 and 2.--Not later than 90 days 
before the Coast Guard awards any contract or issues any delivery order 
or task order to strengthen the hull of either of National Security 
Cutter 1 or 2 to resolve the structural design and performance issues 
identified in the Department of Homeland Security Inspector General's 
Report OIG-07-23 dated January 2007, the Commandant shall submit to the 
appropriate congressional committees all results of an assessment of 
the proposed hull strengthening design conducted by the Coast Guard, 
including--
        (1) a description in detail of the extent to which the hull 
    strengthening measures to be implemented on those cutters will 
    enable the cutters to meet contract and performance requirements;
        (2) a cost-benefit analysis of the proposed hull strengthening 
    measures for National Security Cutters 1 and 2; and
        (3) a description of any operational restrictions that would 
    have to be applied to either National Security Cutter 1 or 2 if the 
    proposed hull strengthening measures were not implemented on either 
    cutter.
    (b) Appropriate Congressional Committees.--In this section the term 
``appropriate congressional committees'' means the Committees on 
Transportation and Infrastructure and Homeland Security of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate.
    SEC. 404. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.
    (a) In General.--For purposes of sections 3304, 5333, and 5753 of 
title 5, United States Code, the Commandant of the Coast Guard may--
        (1) designate any category of acquisition positions within the 
    Coast Guard as shortage category positions; and
        (2) use the authorities in such sections to recruit and appoint 
    highly qualified persons directly to positions so designated.
    (b) Limitation.--The Commandant may not appoint a person to a 
position of employment under this paragraph after September 30, 2012.
    (c) Reports.--The Commandant shall include in reports under section 
562(d) of title 14, United States Code, as added by this title, 
information described in that section regarding positions designated 
under this section.

                   TITLE V--COAST GUARD MODERNIZATION

    SEC. 501. SHORT TITLE.
    This title may be cited as the ``Coast Guard Modernization Act of 
2010''.

                   Subtitle A--Coast Guard Leadership

    SEC. 511. VICE ADMIRALS.
    (a) Vice Admirals.--Section 50 of such title is amended to read as 
follows:
``Sec. 50. Vice admirals
    ``(a)(1) The President may designate no more than 4 positions of 
importance and responsibility that shall be held by officers who--
            ``(A) while so serving, shall have the grade of vice 
        admiral, with the pay and allowances of that grade; and
            ``(B) shall perform such duties as the Commandant may 
        prescribe.
    ``(2) The President may appoint, by and with the advice and consent 
of the Senate, and reappoint, by and with the advice and consent of the 
Senate, to any such position an officer of the Coast Guard who is 
serving on active duty above the grade of captain. The Commandant shall 
make recommendations for such appointments.
    ``(3) (A) Except as provided in subparagraph (B), one of the vice 
admirals designated under paragraph (1) must have at least 10 years 
experience in vessel inspection, marine casualty investigations, 
mariner licensing, or an equivalent technical expertise in the design 
and construction of commercial vessels, with at least 4 years of 
leadership experience at a staff or unit carrying out marine safety 
functions and shall serve as the principal advisor to the Commandant on 
these issues.
    ``(B) The requirements of subparagraph (A) do not apply to such 
vice admiral if the subordinate officer serving in the grade of rear 
admiral with responsibilities for marine safety, security, and 
stewrdship possesses that experience.
    ``(b)(1) The appointment and the grade of vice admiral shall be 
effective on the date the officer assumes that duty and, except as 
provided in paragraph (2) of this subsection or in section 51(d) of 
this title, shall terminate on the date the officer is detached from 
that duty.
    ``(2) An officer who is appointed to a position designated under 
subsection (a) shall continue to hold the grade of vice admiral--
        ``(A) while under orders transferring the officer to another 
    position designated under subsection (a), beginning on the date the 
    officer is detached from that duty and terminating on the date 
    before the day the officer assumes the subsequent duty, but not for 
    more than 60 days;
        ``(B) while hospitalized, beginning on the day of the 
    hospitalization and ending on the day the officer is discharged 
    from the hospital, but not for more than 180 days; and
        ``(C) while awaiting retirement, beginning on the date the 
    officer is detached from duty and ending on the day before the 
    officer's retirement, but not for more than 60 days.
    ``(c)(1) An appointment of an officer under subsection (a) does not 
vacate the permanent grade held by the officer.
    ``(2) An officer serving in a grade above rear admiral who holds 
the permanent grade of rear admiral (lower half) shall be considered 
for promotion to the permanent grade of rear admiral as if the officer 
was serving in the officer's permanent grade.
    ``(d) Whenever a vacancy occurs in a position designated under 
subsection (a), the Commandant shall inform the President of the 
qualifications needed by an officer serving in that position or office 
to carry out effectively the duties and responsibilities of that 
position or office.''.
    (b) Repeal.--Section 50a of such title is repealed.
    (c) Conforming Amendments.--Section 51 of such title is amended--
        (1) by striking subsections (a), (b), and (c) and inserting the 
    following:
    ``(a) An officer, other than the Commandant, who, while serving in 
the grade of vice admiral, is retired for physical disability shall be 
placed on the retired list with the highest grade in which that officer 
served.
    ``(b) An officer, other than the Commandant, who is retired while 
serving in the grade of vice admiral, or who, after serving at least 
2\1/2\ years in the grade of vice admiral, is retired while serving in 
a lower grade, may in the discretion of the President, be retired with 
the highest grade in which that officer served.
    ``(c) An officer, other than the Commandant, who, after serving 
less than 2\1/2\ years in the grade of vice admiral, is retired while 
serving in a lower grade, shall be retired in his permanent grade.''; 
and
        (2) by striking ``Area Commander, or Chief of Staff'' in 
    subsection (d)(2) and inserting ``or Vice Admiral''.
    (d) Continuity of Grade.--Section 52 of title 14, United States 
Code, is amended by inserting ``or admiral'' after ``vice admiral'' the 
first place it appears.
    (e) Continuation on Active Duty.--The second sentence of section 
290(a) of title 14, United States Code, is amended to read as follows: 
``Officers, other than the Commandant, serving for the time being or 
who have served in the grade of vice admiral are not subject to 
consideration for continuation under this subsection, and as to all 
other provisions of this section shall be considered as having been 
continued at the grade of rear admiral.''.
    (f) Clerical Amendments.--
        (1) The section caption for section 47 of such title is amended 
    to read as follows:
``Sec. 47. Vice commandant; appointment''.
        (2) The section caption for section 52 of title 14, United 
    States Code, is amended to read as follows:
``Sec. 52. Vice admirals and admiral, continuity of grade''.
        (3) The table of contents for chapter 3 of such title is 
    amended--
            (A) by striking the item relating to section 47 and 
        inserting the following:

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

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

``50. Vice admirals.''; and

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

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

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

                    Subtitle B--Workforce Expertise

    SEC. 521. PREVENTION AND RESPONSE STAFF.
    (a) In General.--Chapter 3 of title 14, United States Code, is 
amended by adding at the end the following new sections:
``Sec. 57. Prevention and response workforces
    ``(a) Career Paths.--The Secretary, acting through the Commandant, 
shall ensure that appropriate career paths for civilian and military 
Coast Guard personnel who wish to pursue career paths in prevention or 
response positions are identified in terms of the education, training, 
experience, and assignments necessary for career progression of 
civilians and members of the Armed Forces to the most senior prevention 
or response positions, as appropriate. The Secretary shall make 
available published information on such career paths.
    ``(b) Qualifications for Certain Assignments.--An officer, member, 
or civilian employee of the Coast Guard assigned as a--
        ``(1) marine inspector shall have the training, experience, and 
    qualifications equivalent to that required for a similar position 
    at a classification society recognized by the Secretary under 
    section 3316 of title 46 for the type of vessel, system, or 
    equipment that is inspected;
        ``(2) marine casualty investigator shall have the training, 
    experience, and qualifications in investigation, marine casualty 
    reconstruction, evidence collection and preservation, human 
    factors, and documentation using best investigation practices by 
    Federal and non-Federal entities; or
        ``(3) marine safety engineer shall have knowledge, skill, and 
    practical experience in--
            ``(A) the construction and operation of commercial vessels;
            ``(B) judging the character, strength, stability, and 
        safety qualities of such vessels and their equipment; or
            ``(C) the qualifications and training of vessel personnel.
    ``(c) Apprenticeship Requirement To Qualify for Certain Careers.--
The Commandant may require an officer, member, or employee of the Coast 
Guard in training for a specialized prevention or response career path 
to serve an apprenticeship under the guidance of a qualified 
individual. However, an individual in training to become a marine 
inspector, marine casualty investigator, or marine safety engineer 
shall serve a minimum of one-year as an apprentice unless the 
Commandant authorizes a shorter period for certain qualifications.
    ``(d) Management Information System.--The Secretary, acting through 
the Commandant, shall establish a management information system for the 
prevention and response workforces that shall provide, at a minimum, 
the following standardized information on persons serving in those 
workforces:
        ``(1) Qualifications, assignment history, and tenure in 
    assignments.
        ``(2) Promotion rates for military and civilian personnel.
    ``(e) Assessment of Adequacy of Marine Safety Workforce.--
        ``(1) Report.--The Secretary, acting through the Commandant, 
    shall report to the Committee on Transportation and Infrastructure 
    of the House of Representatives and the Committee on Commerce, 
    Science, and Transportation of the Senate by December 1 of each 
    year on the adequacy of the current marine safety workforce to meet 
    that anticipated workload.
        ``(2) Contents.--The report shall specify the number of 
    civilian and military Coast Guard personnel currently assigned to 
    marine safety positions and shall identify positions that are 
    understaffed to meet the anticipated marine safety workload.
    ``(f) Sector Chief of Prevention.--There shall be in each Coast 
Guard sector a Chief of Prevention who shall be at least a Lieutenant 
Commander or civilian employee within the grade GS-13 of the General 
Schedule, and who shall be a--
        ``(1) marine inspector, qualified to inspect vessels, vessel 
    systems, and equipment commonly found in the sector; and
        ``(2) qualified marine casualty investigator or marine safety 
    engineer.
    ``(g) Signatories of Letter of Qualification for Certain Prevention 
Personnel.--Each individual signing a letter of qualification for 
marine safety personnel must hold a letter of qualification for the 
type being certified.
    ``(h) Sector Chief of Response.--There shall be in each Coast Guard 
sector a Chief of Response who shall be at least a Lieutenant Commander 
or civilian employee within the grade GS-13 of the General Schedule in 
each Coast Guard sector.
``Sec. 58. Centers of expertise for Coast Guard prevention and response
    ``(a) Establishment.--The Commandant of the Coast Guard may 
establish and operate one or more centers of expertise for prevention 
and response missions of the Coast Guard (in this section referred to 
as a `center').
    ``(b) Missions.--Each center shall--
        ``(1) promote and facilitate education, training, and research;
        ``(2) develop a repository of information on its missions and 
    specialties; and
        ``(3) perform any other missions as the Commandant may specify.
    ``(c) Joint Operation With Educational Institution Authorized.--The 
Commandant may enter into an agreement with an appropriate official of 
an institution of higher education to--
        ``(1) provide for joint operation of a center; and
        ``(2) provide necessary administrative services for a center, 
    including administration and allocation of funds.
    ``(d) Acceptance of Donations.--
        ``(1) Except as provided in paragraph (2), the Commandant may 
    accept, on behalf of a center, donations to be used to defray the 
    costs of the center or to enhance the operation of the center. 
    Those donations may be accepted from any State or local government, 
    any foreign government, any foundation or other charitable 
    organization (including any that is organized or operates under the 
    laws of a foreign country), or any individual.
        ``(2) The Commandant may not accept a donation under paragraph 
    (1) if the acceptance of the donation would compromise or appear to 
    compromise--
            ``(A) the ability of the Coast Guard or the department in 
        which the Coast Guard is operating, any employee of the Coast 
        Guard or the department, or any member of the Armed Forces to 
        carry out any responsibility or duty in a fair and objective 
        manner; or
            ``(B) the integrity of any program of the Coast Guard, the 
        department in which the Coast Guard is operating, or of any 
        person involved in such a program.
        ``(3) The Commandant shall prescribe written guidance setting 
    forth the criteria to be used in determining whether or not the 
    acceptance of a donation from a foreign source would have a result 
    described in paragraph (2).
``Sec. 59. Marine industry training program
    ``(a) In General.--The Commandant shall, by policy, establish a 
program under which an officer, member, or employee of the Coast Guard 
may be assigned to a private entity to further the institutional 
interests of the Coast Guard with regard to marine safety, including 
for the purpose of providing training to an officer, member, or 
employee. Policies to carry out the program--
        ``(1) with regard to an employee of the Coast Guard, shall 
    include provisions, consistent with sections 3702 through 3704 of 
    title 5, as to matters concerning--
            ``(A) the duration and termination of assignments;
            ``(B) reimbursements; and
            ``(C) status, entitlements, benefits, and obligations of 
        program participants; and
        ``(2) shall require the Commandant, before approving the 
    assignment of an officer, member, or employee of the Coast Guard to 
    a private entity, to determine that the assignment is an effective 
    use of the Coast Guard's funds, taking into account the best 
    interests of the Coast Guard and the costs and benefits of 
    alternative methods of achieving the same results and objectives.
    ``(b) Annual Report.--Not later than the date of the submission 
each year of the President's budget request under section 1105 of title 
31, the Commandant shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report that 
describes--
        ``(1) the number of officers, members, and employees of the 
    Coast Guard assigned to private entities under this section; and
        ``(2) the specific benefit that accrues to the Coast Guard for 
    each assignment.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is further amended by adding at the end the following new 
items:

``57. Prevention and response workforces.
``58. Centers of expertise for Coast Guard prevention and response.
``59. Marine industry training programs.''.
    SEC. 522. MARINE SAFETY MISSION PRIORITIES AND LONG-TERM GOALS.
    (a) In General.--Chapter 21 of title 46, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2116. Marine safety strategy, goals, and performance assessments
    ``(a) Long-Term Strategy and Goals.--In conjunction with existing 
federally required strategic planning efforts, the Secretary shall 
develop a long-term strategy for improving vessel safety and the safety 
of individuals on vessels. The strategy shall include the issuance each 
year of an annual plan and schedule for achieving the following goals:
        ``(1) Reducing the number and rates of marine casualties.
        ``(2) Improving the consistency and effectiveness of vessel and 
    operator enforcement and compliance programs.
        ``(3) Identifying and targeting enforcement efforts at high-
    risk vessels and operators.
        ``(4) Improving research efforts to enhance and promote vessel 
    and operator safety and performance.
    ``(b) Contents of Strategy and Annual Plans.--
        ``(1) Measurable goals.--The strategy and annual plans shall 
    include specific numeric or measurable goals designed to achieve 
    the goals set forth in subsection (a). The purposes of the numeric 
    or measurable goals are the following:
            ``(A) To increase the number of safety examinations on all 
        high-risk vessels.
            ``(B) To eliminate the backlog of marine safety-related 
        rulemakings.
            ``(C) To improve the quality and effectiveness of marine 
        safety information databases by ensuring that all Coast Guard 
        personnel accurately and effectively report all safety, 
        casualty, and injury information.
            ``(D) To provide for a sufficient number of Coast Guard 
        marine safety personnel, and provide adequate facilities and 
        equipment to carry out the functions referred to in section 
        93(c).
        ``(2) Resource needs.--The strategy and annual plans shall 
    include estimates of--
            ``(A) the funds and staff resources needed to accomplish 
        each activity included in the strategy and plans; and
            ``(B) the staff skills and training needed for timely and 
        effective accomplishment of each goal.
    ``(c) Submission With the President's Budget.--Beginning with 
fiscal year 2011 and each fiscal year thereafter, the Secretary shall 
submit to Congress the strategy and annual plan not later than 60 days 
following the transmission of the President's budget submission under 
section 1105 of title 31.
    ``(d) Achievement of Goals.--
        ``(1) Progress assessment.--No less frequently than 
    semiannually, the Coast Guard Commandant shall assess the progress 
    of the Coast Guard toward achieving the goals set forth in 
    subsection (b). The Commandant shall convey the Commandant's 
    assessment to the employees of the marine safety workforce and 
    shall identify any deficiencies that should be remedied before the 
    next progress assessment.
        ``(2) Report to congress.--The Secretary shall report annually 
    to the Committee on Transportation and Infrastructure of the House 
    of Representatives and the Committee on Commerce, Science, and 
    Transportation of the Senate--
            ``(A) on the performance of the marine safety program in 
        achieving the goals of the marine safety strategy and annual 
        plan under subsection (a) for the year covered by the report;
            ``(B) on the program's mission performance in achieving 
        numerical measurable goals established under subsection (b); 
        and
            ``(C) recommendations on how to improve performance of the 
        program.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended 
by adding at the end the following new item:

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

    (c) Certificates of Inspection.--Section 3309 of title 46, United 
States Code, is amended by adding at the end the following:
    ``(d) A certificate of inspection issued under this section shall 
be signed by the senior Coast Guard member or civilian employee who 
inspected the vessel, in addition to the officer in charge of marine 
inspection.''.
    SEC. 523. POWERS AND DUTIES.
    Section 93 of title 14, United States Code, is amended by adding at 
the end the following new subsections:
    ``(c) Marine Safety Responsibilities.--In exercising the 
Commandant's duties and responsibilities with regard to marine safety, 
the individual with the highest rank who meets the experience 
qualifications set forth in section 50(a)(3) shall serve as the 
principal advisor to the Commandant regarding--
        ``(1) the operation, regulation, inspection, identification, 
    manning, and measurement of vessels, including plan approval and 
    the application of load lines;
        ``(2) approval of materials, equipment, appliances, and 
    associated equipment;
        ``(3) the reporting and investigation of marine casualties and 
    accidents;
        ``(4) the licensing, certification, documentation, protection 
    and relief of merchant seamen;
        ``(5) suspension and revocation of licenses and certificates;
        ``(6) enforcement of manning requirements, citizenship 
    requirements, control of log books;
        ``(7) documentation and numbering of vessels;
        ``(8) State boating safety programs;
        ``(9) commercial instruments and maritime liens;
        ``(10) the administration of bridge safety;
        ``(11) administration of the navigation rules;
        ``(12) the prevention of pollution from vessels;
        ``(13) ports and waterways safety;
        ``(14) waterways management; including regulation for regattas 
    and marine parades;
        ``(15) aids to navigation; and
        ``(16) other duties and powers of the Secretary related to 
    marine safety and stewardship.
    ``(d) Other Authority Not Affected.--Nothing in subsection (c) 
affects--
        ``(1) the authority of Coast Guard officers and members to 
    enforce marine safety regulations using authority under section 89 
    of this title; or
        ``(2) the exercise of authority under section 91 of this title 
    and the provisions of law codified at sections 191 through 195 of 
    title 50 on the date of enactment of this paragraph.''.
    SEC. 524. APPEALS AND WAIVERS.
    (a) In General.--Chapter 5 of title 14, United States Code, is 
further amended by inserting at the end the following new section:
``Sec. 102. Appeals and waivers
    ``Except for the Commandant of the Coast Guard, any individual 
adjudicating an appeal or waiver of a decision regarding marine safety, 
including inspection or manning and threats to the environment, shall--
        ``(1) be a qualified specialist with the training, experience, 
    and qualifications in marine safety to effectively judge the facts 
    and circumstances involved in the appeal and make a judgment 
    regarding the merits of the appeal; or
        ``(2) have a senior staff member who--
            ``(A) meets the requirements of paragraph (1);
            ``(B) actively advises the individual adjudicating the 
        appeal; and
            ``(C) concurs in writing on the decision on appeal.''.
    (b) Clerical Amendment.--The analysis for such chapter is further 
amended by adding at the end the following new item:

``102. Appeals and waivers.''.
    SEC. 525. COAST GUARD ACADEMY.
    (a) In General.--Chapter 9 of title 14, United States Code, is 
further amended by adding at the end the following new section:
``Sec. 200. Marine safety curriculum
    ``The Commandant of the Coast Guard shall ensure that professional 
courses of study in marine safety are provided at the Coast Guard 
Academy, and during other officer accession programs, to give Coast 
Guard cadets and other officer candidates a background and 
understanding of the marine safety program. These courses may include 
such topics as program history, vessel design and construction, vessel 
inspection, casualty investigation, and administrative law and 
regulations.''.
    (b) Clerical Amendment.--The analysis for such chapter is further 
amended by adding at the end the following new item:

``200. Marine safety curriculum.''.
    SEC. 526. REPORT REGARDING CIVILIAN MARINE INSPECTORS.
    Not later than 1 year after the date of enactment of this Act, the 
Commandant of the Coast Guard shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on Coast Guard's efforts to recruit and retain civilian marine 
inspectors and investigators and the impact of such recruitment and 
retention efforts on Coast Guard organizational performance.

                        TITLE VI--MARINE SAFETY

    SEC. 601. SHORT TITLE.
    This title may be cited as the ``Maritime Safety Act of 2010''.
    SEC. 602. VESSEL SIZE LIMITS.
    (a) Length, Tonnage, and Horsepower.--Section 12113(d)(2) of title 
46, United States Code, is amended--
        (1) by inserting ``and'' after the semicolon at the end of 
    subparagraph (A)(i);
        (2) by striking ``and'' at the end of subparagraph (A)(ii);
        (3) by striking subparagraph (A)(iii);
        (4) by striking the period at the end of subparagraph (B) and 
    inserting a semicolon; and
        (5) by inserting at the end the following:
            ``(C) the vessel is either a rebuilt vessel or a 
        replacement vessel under section 208(g) of the American 
        Fisheries Act (title II of division C of Public Law 105-277; 
        112 Stat. 2681-627) and is eligible for a fishery endorsement 
        under this section; or
            ``(D) the vessel is a fish tender vessel that is not 
        engaged in the harvesting or processing of fish.''.
    (b) Conforming Amendments.--
        (1) Vessel rebuilding and replacement.--Section 208(g) of the 
    American Fisheries Act (title II of division C of Public Law 105-
    277; 112 Stat. 2681-627) is amended to read as follows:
    ``(g) Vessel Rebuilding and Replacement.--
        ``(1) In general.--
            ``(A) Rebuild or replace.--Notwithstanding any limitation 
        to the contrary on replacing, rebuilding, or lengthening 
        vessels or transferring permits or licenses to a replacement 
        vessel contained in sections 679.2 and 679.4 of title 50, Code 
        of Federal Regulations, as in effect on the date of enactment 
        of the Coast Guard Authorization Act of 2010 and except as 
        provided in paragraph (4), the owner of a vessel eligible under 
        subsection (a), (b), (c), (d), or (e), in order to improve 
        vessel safety and operational efficiencies (including fuel 
        efficiency), may rebuild or replace that vessel (including fuel 
        efficiency) with a vessel documented with a fishery endorsement 
        under section 12113 of title 46, United States Code.
            ``(B) Same requirements.--The rebuilt or replacement vessel 
        shall be eligible in the same manner and subject to the same 
        restrictions and limitations under such subsection as the 
        vessel being rebuilt or replaced.
            ``(C) Transfer of permits and licenses.--Each fishing 
        permit and license held by the owner of a vessel or vessels to 
        be rebuilt or replaced under subparagraph (A) shall be 
        transferred to the rebuilt or replacement vessel or its owner, 
        as necessary to permit such rebuilt or replacement vessel to 
        operate in the same manner as the vessel prior to the 
        rebuilding or the vessel it replaced, respectively.
        ``(2) Recommendations of north pacific fishery management 
    council.--The North Pacific Fishery Management Council may 
    recommend for approval by the Secretary such conservation and 
    management measures, including size limits and measures to control 
    fishing capacity, in accordance with the Magnuson-Stevens Act as it 
    considers necessary to ensure that this subsection does not 
    diminish the effectiveness of fishery management plans of the 
    Bering Sea and Aleutian Islands Management Area or the Gulf of 
    Alaska.
        ``(3) Special rule for replacement of certain vessels.--
            ``(A) In general.--Notwithstanding the requirements of 
        subsections (b)(2), (c)(1), and (c)(2) of section 12113 of 
        title 46, United States Code, a vessel that is eligible under 
        subsection (a), (b), (c), or (e) and that qualifies to be 
        documented with a fishery endorsement pursuant to section 
        213(g) may be replaced with a replacement vessel under 
        paragraph (1) if the vessel that is replaced is validly 
        documented with a fishery endorsement pursuant to section 
        213(g) before the replacement vessel is documented with a 
        fishery endorsement under section 12113 of title 46, United 
        States Code.
            ``(B) Applicability.--A replacement vessel under 
        subparagraph (A) and its owner and mortgagee are subject to the 
        same limitations under section 213(g) that are applicable to 
        the vessel that has been replaced and its owner and mortgagee.
        ``(4) Special rules for certain catcher vessels.--
            ``(A) In general.--A replacement for a covered vessel 
        described in subparagraph (B) is prohibited from harvesting 
        fish in any fishery (except for the Pacific whiting fishery) 
        managed under the authority of any Regional Fishery Management 
        Council (other than the North Pacific Fishery Management 
        Council) established under section 302(a) of the Magnuson-
        Stevens Act.
            ``(B) Covered vessels.--A covered vessel referred to in 
        subparagraph (A) is--
                ``(i) a vessel eligible under subsection (a), (b), or 
            (c) that is replaced under paragraph (1); or
                ``(ii) a vessel eligible under subsection (a), (b), or 
            (c) that is rebuilt to increase its registered length, 
            gross tonnage, or shaft horsepower.
        ``(5) Limitation on fishery endorsements.--Any vessel that is 
    replaced under this subsection shall thereafter not be eligible for 
    a fishery endorsement under section 12113 of title 46, United 
    States Code, unless that vessel is also a replacement vessel 
    described in paragraph (1).
        ``(6) Gulf of alaska limitation.--Notwithstanding paragraph 
    (1), the Secretary shall prohibit from participation in the 
    groundfish fisheries of the Gulf of Alaska any vessel that is 
    rebuilt or replaced under this subsection and that exceeds the 
    maximum length overall specified on the license that authorizes 
    fishing for groundfish pursuant to the license limitation program 
    under part 679 of title 50, Code of Federal Regulations, as in 
    effect on the date of enactment of the Coast Guard Authorization 
    Act of 2010.
        ``(7) Authority of pacific council.--Nothing in this section 
    shall be construed to diminish or otherwise affect the authority of 
    the Pacific Council to recommend to the Secretary conservation and 
    management measures to protect fisheries under its jurisdiction 
    (including the Pacific whiting fishery) and participants in such 
    fisheries from adverse impacts caused by this Act.''.
        (2) Repeal of exemption of certain vessels.--Section 203(g) of 
    the American Fisheries Act (title II of division C of Public Law 
    105-277; 112 Stat. 2681-620) is repealed.
        (3) Fishery cooperative exit provisions.--Section 210(b) of the 
    American Fisheries Act (title II of division C of Public Law 105-
    277; 112 Stat. 2681-629) is amended--
            (A) by moving the matter beginning with ``the Secretary 
        shall'' in paragraph (1) 2 ems to the right; and
            (B) by adding at the end the following:
        ``(7) Fishery cooperative exit provisions.--
            ``(A) Fishing allowance determination.--For purposes of 
        determining the aggregate percentage of directed fishing 
        allowances under paragraph (1), when a catcher vessel is 
        removed from the directed pollock fishery, the fishery 
        allowance for pollock for the vessel being removed--
                ``(i) shall be based on the catch history determination 
            for the vessel made pursuant to section 679.62 of title 50, 
            Code of Federal Regulations, as in effect on the date of 
            enactment of the Coast Guard Authorization Act of 2010; and
                ``(ii) shall be assigned, for all purposes under this 
            title, in the manner specified by the owner of the vessel 
            being removed to any other catcher vessel or among other 
            catcher vessels participating in the fishery cooperative if 
            such vessel or vessels remain in the fishery cooperative 
            for at least one year after the date on which the vessel 
            being removed leaves the directed pollock fishery.
            ``(B) Eligibility for fishery endorsement.--Except as 
        provided in subparagraph (C), a vessel that is removed pursuant 
        to this paragraph shall be permanently ineligible for a fishery 
        endorsement, and any claim (including relating to catch 
        history) associated with such vessel that could qualify any 
        owner of such vessel for any permit to participate in any 
        fishery within the exclusive economic zone of the United States 
        shall be extinguished, unless such removed vessel is thereafter 
        designated to replace a vessel to be removed pursuant to this 
        paragraph.
            ``(C) Limitations on statutory construction.--Nothing in 
        this paragraph shall be construed--
                ``(i) to make the vessels AJ (United States official 
            number 905625), DONA MARTITA (United States official number 
            651751), NORDIC EXPLORER (United States official number 
            678234), and PROVIDIAN (United States official number 
            1062183) ineligible for a fishery endorsement or any permit 
            necessary to participate in any fishery under the authority 
            of the New England Fishery Management Council or the Mid-
            Atlantic Fishery Management Council established, 
            respectively, under subparagraphs (A) and (B) of section 
            302(a)(1) of the Magnuson-Stevens Act; or
                ``(ii) to allow the vessels referred to in clause (i) 
            to participate in any fishery under the authority of the 
            Councils referred to in clause (i) in any manner that is 
            not consistent with the fishery management plan for the 
            fishery developed by the Councils under section 303 of the 
            Magnuson-Stevens Act.''.
    SEC. 603. COLD WEATHER SURVIVAL TRAINING.
    The Commandant of the Coast Guard shall report to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate on 
the efficacy of cold weather survival training conducted by the Coast 
Guard over the preceding 5 years. The report shall include plans for 
conducting such training in fiscal years 2010 through 2013.
    SEC. 604. FISHING VESSEL SAFETY.
    (a) Safety Standards.--Section 4502 of title 46, United States 
Code, is amended--
        (1) in subsection (a), by--
            (A) striking paragraphs (6) and (7) and inserting the 
        following:
        ``(6) other equipment required to minimize the risk of injury 
    to the crew during vessel operations, if the Secretary determines 
    that a risk of serious injury exists that can be eliminated or 
    mitigated by that equipment; and''; and
            (B) redesignating paragraph (8) as paragraph (7);
        (2) in subsection (b)--
            (A) in paragraph (1) in the matter preceding subparagraph 
        (A), by striking ``documented'';
            (B) in paragraph (1)(A), by striking ``the Boundary Line'' 
        and inserting ``3 nautical miles from the baseline from which 
        the territorial sea of the United States is measured or beyond 
        3 nautical miles from the coastline of the Great Lakes'';
            (C) in paragraph (2)(B), by striking ``lifeboats or 
        liferafts'' and inserting ``a survival craft that ensures that 
        no part of an individual is immersed in water'';
            (D) in paragraph (2)(D), by inserting ``marine'' before 
        ``radio'';
            (E) in paragraph (2)(E), by striking ``radar reflectors, 
        nautical charts, and anchors'' and inserting ``nautical charts, 
        and publications'';
            (F) in paragraph (2)(F), by striking ``, including medicine 
        chests'' and inserting ``and medical supplies sufficient for 
        the size and area of operation of the vessel''; and
            (G) by amending paragraph (2)(G) to read as follows:
        ``(G) ground tackle sufficient for the vessel.'';
        (3) by amending subsection (f) to read as follows:
    ``(f) To ensure compliance with the requirements of this chapter, 
the Secretary--
        ``(1) shall require the individual in charge of a vessel 
    described in subsection (b) to keep a record of equipment 
    maintenance, and required instruction and drills; and
        ``(2) shall examine at dockside a vessel described in 
    subsection (b) at least once every 2 years, and shall issue a 
    certificate of compliance to a vessel meeting the requirements of 
    this chapter.''; and
        (4) by adding at the end the following:
    ``(g)(1) The individual in charge of a vessel described in 
subsection (b) must pass a training program approved by the Secretary 
that meets the requirements in paragraph (2) of this subsection and 
hold a valid certificate issued under that program.
    ``(2) The training program shall--
        ``(A) be based on professional knowledge and skill obtained 
    through sea service and hands-on training, including training in 
    seamanship, stability, collision prevention, navigation, fire 
    fighting and prevention, damage control, personal survival, 
    emergency medical care, emergency drills, and weather;
        ``(B) require an individual to demonstrate ability to 
    communicate in an emergency situation and understand information 
    found in navigation publications;
        ``(C) recognize and give credit for recent past experience in 
    fishing vessel operation; and
        ``(D) provide for issuance of a certificate to an individual 
    that has successfully completed the program.
    ``(3) The Secretary shall prescribe regulations implementing this 
subsection. The regulations shall require that individuals who are 
issued a certificate under paragraph (2)(D) must complete refresher 
training at least once every 5 years as a condition of maintaining the 
validity of the certificate.
    ``(4) The Secretary shall establish a publicly accessible 
electronic database listing the names of individuals who have 
participated in and received a certificate confirming successful 
completion of a training program approved by the Secretary under this 
section.
    ``(h) A vessel to which this chapter applies shall be constructed 
in a manner that provides a level of safety equivalent to the minimum 
safety standards the Secretary may establish for recreational vessels 
under section 4302, if--
        ``(1) subsection (b) of this section applies to the vessel;
        ``(2) the vessel is less than 50 feet overall in length; and
        ``(3) the vessel is built after January 1, 2010.
    ``(i)(1) The Secretary shall establish a Fishing Safety Training 
Grants Program to provide funding to municipalities, port authorities, 
other appropriate public entities, not-for-profit organizations, and 
other qualified persons that provide commercial fishing safety 
training--
        ``(A) to conduct fishing vessel safety training for vessel 
    operators and crewmembers that--
            ``(i) in the case of vessel operators, meets the 
        requirements of subsection (g); and
            ``(ii) in the case of crewmembers, meets the requirements 
        of subsection (g)(2)(A), such requirements of subsection 
        (g)(2)(B) as are appropriate for crewmembers, and the 
        requirements of subsections (g)(2)(D), (g)(3), and (g)(4); and
        ``(B) for purchase of safety equipment and training aids for 
    use in those fishing vessel safety training programs.
    ``(2) The Secretary shall award grants under this subsection on a 
competitive basis.
    ``(3) The Federal share of the cost of any activity carried out 
with a grant under this subsection shall not exceed 75 percent.
    ``(4) There is authorized to be appropriated $3,000,000 for each of 
fiscal years 2010 through 2014 for grants under this subsection.
    ``(j)(1) The Secretary shall establish a Fishing Safety Research 
Grant Program to provide funding to individuals in academia, members of 
non-profit organizations and businesses involved in fishing and 
maritime matters, and other persons with expertise in fishing safety, 
to conduct research on methods of improving the safety of the 
commercial fishing industry, including vessel design, emergency and 
survival equipment, enhancement of vessel monitoring systems, 
communications devices, de-icing technology, and severe weather 
detection.
    ``(2) The Secretary shall award grants under this subsection on a 
competitive basis.
    ``(3) The Federal share of the cost of any activity carried out 
with a grant under this subsection shall not exceed 75 percent.
    ``(4) There is authorized to be appropriated $3,000,000 for each 
fiscal years 2010 through 2014 for activities under this subsection.''.
    (b) Conforming Amendment.--Section 4506(b) of title 46, United 
States Code, is repealed.
    (c) Advisory Committee.--
        (1) Change of name.--Section 4508 of title 46, United States 
    Code, is amended--
            (A) by striking the section heading and inserting the 
        following:
``Sec. 4508. Commercial Fishing Safety Advisory Committee'';
        and
            (B) in subsection (a) by striking ``Industry Vessel''.
        (2) Membership requirements.--Section 4508(b)(1) of that title 
    is amended--
            (A) by striking ``seventeen'' and inserting ``eighteen'';
            (B) in subparagraph (A)--
                (i) in the matter preceding clause (i), by striking 
            ``from the commercial fishing industry who--'' and 
            inserting ``who shall represent the commercial fishing 
            industry and who--''; and
                (ii) in clause (ii), by striking ``an uninspected'' and 
            inserting ``a'';
            (C) by striking subparagraph (B) and inserting the 
        following:
        ``(B) three members who shall represent the general public, 
    including, whenever possible--
            ``(i) an independent expert or consultant in maritime 
        safety;
            ``(ii) a marine surveyor who provides services to vessels 
        to which this chapter applies; and
            ``(iii) a person familiar with issues affecting fishing 
        communities and families of fishermen;''; and
            (D) in subparagraph (C)--
                (i) in the matter preceding clause (i), by striking 
            ``representing each of--'' 
            and inserting ``each of whom shall represent--'';
                (ii) in clause (i), by striking ``or marine 
            surveyors;'' and inserting ``and marine engineers;'';
                (iii) in clause (iii), by striking ``and'' after the 
            semicolon at the end;
                (iv) in clause (iv), by striking the period at the end 
            and inserting ``; and''; and
                (v) by adding at the end the following new clause:
            ``(v) owners of vessels to which this chapter applies.''.
        (3) Termination.--Section 4508(e)(1) of that title is amended 
    by striking ``September 30, 2010.'' and inserting ``September 30, 
    2020.''.
        (4) Clerical amendment.--The table of sections at the beginning 
    of chapter 45 of title 46, United States Code, is amended by 
    striking the item relating to such section and inserting the 
    following:

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

    (d) Loadlines for Vessels 79 Feet or Greater in Length.--
        (1) Limitation on exemption for fishing vessels.--Section 
    5102(b)(3) of title 46, United States Code, is amended by inserting 
    after ``vessel'' the following ``, unless the vessel is built after 
    July 1, 2012''.
        (2) Alternate program for certain fishing vessels.--Section 
    5103 of title 46, United States Code, is amended by adding at the 
    end the following:
    ``(c) A fishing vessel built on or before July 1, 2012, that 
undergoes a substantial change to the dimension of or type of the 
vessel completed after the later of July 1, 2012, or the date the 
Secretary establishes standards for an alternate loadline compliance 
program, shall comply with such an alternative loadline compliance 
program that is developed in cooperation with the commercial fishing 
industry and prescribed by the Secretary.''.
    (e) Classing of Vessels.--
        (1) In general.--Section 4503 of title 46, United States Code, 
    is amended--
            (A) by striking the section heading and inserting the 
        following:
``Sec. 4503. Fishing, fish tender, and fish processing vessel 
    certification'';
            (B) in subsection (a) by striking ``fish processing''; and
            (C) by adding at the end the following:
    ``(c) This section applies to a vessel to which section 4502(b) of 
this title applies that is at least 50 feet overall in length and is 
built after July 1, 2012.
    ``(d)(1) After January 1, 2020, a fishing vessel, fish processing 
vessel, or fish tender vessel to which section 4502(b) of this title 
applies shall comply with an alternate safety compliance program that 
is developed in cooperation with the commercial fishing industry and 
prescribed by the Secretary, if the vessel--
        ``(A) is at least 50 feet overall in length;
        ``(B) is built before July 1, 2012; and
        ``(C) is 25 years of age or older.
    ``(2) A fishing vessel, fish processing vessel, or fish tender 
vessel built before July 1, 2012, that undergoes a substantial change 
to the dimension of or type of vessel completed after the later of July 
1, 2012, or the date the Secretary establishes standards for an 
alternate safety compliance program, shall comply with such an 
alternative safety compliance program that is developed in cooperation 
with the commercial fishing industry and prescribed by the Secretary.
    ``(3) Alternative safety compliance programs may be developed for 
purposes of paragraph (1) for specific regions and fisheries.
    ``(4) Notwithstanding paragraph (1), vessels owned by a person that 
owns more than 30 vessels subject to that paragraph are not required to 
meet the alternate safety compliance requirements of that paragraph 
until January 1, 2030, if that owner enters into a compliance agreement 
with the Secretary that provides for a fixed schedule for all of the 
vessels owned by that person to meet requirements of that paragraph by 
that date and the vessel owner is meeting that schedule.
    ``(5) A fishing vessel, fish processing vessel, or fish tender 
vessel to which section 4502(b) of this title applies that was classed 
before July 1, 2012, shall--
        ``(A) remain subject to the requirements of a classification 
    society approved by the Secretary; and
        ``(B) have on board a certificate from that society.''.
        (2) Clerical amendment.--The table of sections at the beginning 
    of chapter 45 of title 46, United States Code, is amended by 
    striking the item relating to such section and inserting the 
    following:

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

    (f) Alternative Safety Compliance Program.--No later than January 
1, 2017, the Secretary of the department in which the Coast Guard is 
operating shall prescribe an alternative safety compliance program 
referred to in section 4503(d)(1) of the title 46, United States Code, 
as amended by this section.
    SEC. 605. MARINER RECORDS.
    Section 7502 of title 46, United States Code, is amended--
        (1) by inserting ``(a)'' before ``The'';
        (2) by striking ``computerized records'' and inserting 
    ``records, including electronic records,''; and
        (3) by adding at the end the following:
    ``(b) The Secretary may prescribe regulations requiring a vessel 
owner or managing operator of a commercial vessel, or the employer of a 
seaman on that vessel, to maintain records of each individual engaged 
on the vessel subject to inspection under chapter 33 on matters of 
engagement, discharge, and service for not less than 5 years after the 
date of the completion of the service of that individual on the vessel. 
The regulations may require that a vessel owner, managing operator, or 
employer shall make these records available to the individual and the 
Coast Guard on request.
    ``(c) A person violating this section, or a regulation prescribed 
under this section, is liable to the United States Government for a 
civil penalty of not more than $5,000.''.
    SEC. 606. DELETION OF EXEMPTION OF LICENSE REQUIREMENT FOR 
      OPERATORS OF CERTAIN TOWING VESSELS.
    Section 8905 of title 46, United States Code, is amended--
        (1) by striking subsection (b); and
        (2) by redesignating subsection (c) as subsection (b).
    SEC. 607. LOG BOOKS.
    (a) In General.--Chapter 113 of title 46, United States Code, is 
amended by adding at the end the following:
``Sec. 11304. Additional logbook and entry requirements
    ``(a) A vessel of the United States that is subject to inspection 
under section 3301 of this title, except a vessel on a voyage from a 
port in the United States to a port in Canada, shall have an official 
logbook, which shall be kept available for review by the Secretary on 
request.
    ``(b) The log book required by subsection (a) shall include the 
following entries:
        ``(1) The time when each seaman and each officer assumed or 
    relieved the watch.
        ``(2) The number of hours in service to the vessels of each 
    seaman and each officer.
        ``(3) An account of each accident, illness, and injury that 
    occurs during each watch.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following:

``11304. Additional logbook and entry requirements.''.
    SEC. 608. SAFE OPERATIONS AND EQUIPMENT STANDARDS.
    (a) In General.--Chapter 21 of title 46, United States Code, is 
further amended by adding at the end the following new sections:
``Sec. 2117. Termination for unsafe operation
    ``An individual authorized to enforce this title--
        ``(1) may remove a certificate required by this title from a 
    vessel that is operating in a condition that does not comply with 
    the provisions of the certificate;
        ``(2) may order the individual in charge of a vessel that is 
    operating that does not have on board the certificate required by 
    this title to return the vessel to a mooring and to remain there 
    until the vessel is in compliance with this title; and
        ``(3) may direct the individual in charge of a vessel to which 
    this title applies to immediately take reasonable steps necessary 
    for the safety of individuals on board the vessel if the official 
    observes the vessel being operated in an unsafe condition that the 
    official believes creates an especially hazardous condition, 
    including ordering the individual in charge to return the vessel to 
    a mooring and to remain there until the situation creating the 
    hazard is corrected or ended.
``Sec. 2118. Establishment of equipment standards
    ``(a) In establishing standards for approved equipment required on 
vessels subject to part B of this title, the Secretary shall establish 
standards that are--
        ``(1) based on performance using the best available technology 
    that is economically achievable; and
        ``(2) operationally practical.
    ``(b) Using the standards established under subsection (a), the 
Secretary may also certify lifesaving equipment that is not required to 
be carried on vessels subject to part B of this title to ensure that 
such equipment is suitable for its intended purpose.
    ``(c) At least once every 10 years the Secretary shall review and 
revise the standards established under subsection (a) to ensure that 
the standards meet the requirements of this section.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is further amended by adding at the end the following:

``2117. Termination for unsafe operation.
``2118. Establishment of equipment standards.''.
    SEC. 609. APPROVAL OF SURVIVAL CRAFT.
    (a) In General.--Chapter 31 of title 46, United States Code, is 
amended by adding at the end the following new section:
``Sec. 3104. Survival craft
    ``(a) Except as provided in subsection (b), the Secretary may not 
approve a survival craft as a safety device for purposes of this part, 
unless the craft ensures that no part of an individual is immersed in 
water.
    ``(b) The Secretary may authorize a survival craft that does not 
provide protection described in subsection (a) to remain in service 
until not later than January 1, 2015, if--
        ``(1) it was approved by the Secretary before January 1, 2010; 
    and
        ``(2) it is in serviceable condition.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following:

``3104. Survival craft.''.
    SEC. 610. SAFETY MANAGEMENT.
    (a) Vessels to Which Requirements Apply.--Section 3202 of title 46, 
United States Code, is amended--
        (1) in subsection (a) by striking the heading and inserting 
    ``Foreign Voyages and Foreign Vessels.--'';
        (2) by redesignating subsections (b) and (c) as subsections (c) 
    and (d), respectively;
        (3) by inserting after subsection (a) the following:
    ``(b) Other Passenger Vessels.--This chapter applies to a vessel 
that is--
        ``(1) a passenger vessel or small passenger vessel; and
        ``(2) is transporting more passengers than a number prescribed 
    by the Secretary based on the number of individuals on the vessel 
    that could be killed or injured in a marine casualty.'';
        (4) in subsection (d), as so redesignated, by striking 
    ``subsection (b)'' and inserting ``subsection (c)''; and
        (5) in subsection (d)(4), as so redesignated, by inserting 
    ``that is not described in subsection (b) of this section'' after 
    ``waters''.
    (b) Safety Management System.--Section 3203 of title 46, United 
States Code, is amended by adding at the end the following new 
subsection:
    ``(c) In prescribing regulations for passenger vessels and small 
passenger vessels, the Secretary shall consider--
        ``(1) the characteristics, methods of operation, and nature of 
    the service of these vessels; and
        ``(2) with respect to vessels that are ferries, the sizes of 
    the ferry systems within which the vessels operate.''.
    SEC. 611. PROTECTION AGAINST DISCRIMINATION.
    (a) In General.--Section 2114 of title 46, United States Code, is 
amended--
        (1) in subsection (a)(1)(A), by striking ``or'' after the 
    semicolon;
        (2) in subsection (a)(1)(B), by striking the period at the end 
    and inserting a semicolon;
        (3) by adding at the end of subsection (a)(1) the following new 
    subparagraphs:
        ``(C) the seaman testified in a proceeding brought to enforce a 
    maritime safety law or regulation prescribed under that law;
        ``(D) the seaman notified, or attempted to notify, the vessel 
    owner or the Secretary of a work-related personal injury or work-
    related illness of a seaman;
        ``(E) the seaman cooperated with a safety investigation by the 
    Secretary or the National Transportation Safety Board;
        ``(F) the seaman furnished information to the Secretary, the 
    National Transportation Safety Board, or any other public official 
    as to the facts relating to any marine casualty resulting in injury 
    or death to an individual or damage to property occurring in 
    connection with vessel transportation; or
        ``(G) the seaman accurately reported hours of duty under this 
    part.''; and
        (4) by amending subsection (b) to read as follows:
    ``(b) A seaman alleging discharge or discrimination in violation of 
subsection (a) of this section, or another person at the seaman's 
request, may file a complaint with respect to such allegation in the 
same manner as a complaint may be filed under subsection (b) of section 
31105 of title 49. Such complaint shall be subject to the procedures, 
requirements, and rights described in that section, including with 
respect to the right to file an objection, the right of a person to 
file for a petition for review under subsection (c) of that section, 
and the requirement to bring a civil action under subsection (d) of 
that section.''.
    (b) Existing Actions.--This section shall not affect the 
application of section 2114(b) of title 46, United States Code, as in 
effect before the date of enactment of this Act, to an action filed 
under that section before that date.
    SEC. 612. OIL FUEL TANK PROTECTION.
    Section 3306 of title 46, United States Code, is amended by adding 
at the end the following new subsection:
    ``(k)(1) Each vessel of the United States that is constructed under 
a contract entered into after the date of enactment of the Maritime 
Safety Act of 2010, or that is delivered after January 1, 2011, with an 
aggregate capacity of 600 cubic meters or more of oil fuel, shall 
comply with the requirements of Regulation 12A under Annex I to the 
Protocol of 1978 relating to the International Convention for the 
Prevention of Pollution from Ships, 1973, entitled `Oil Fuel Tank 
Protection'.
    ``(2) The Secretary may prescribe regulations to apply the 
requirements described in Regulation 12A to vessels described in 
paragraph (1) that are not otherwise subject to that convention. Any 
such regulation shall be considered to be an interpretive rule for the 
purposes of section 553 of title 5.
    ``(3) In this subsection the term `oil fuel' means any oil used as 
fuel in connection with the propulsion and auxiliary machinery of the 
vessel in which such oil is carried.''.
    SEC. 613. OATHS.
    Section 7105 of title 46, United States Code, is amended by 
striking ``before a designated official''.
    SEC. 614. DURATION OF LICENSES, CERTIFICATES OF REGISTRY, AND 
      MERCHANT MARINERS' DOCUMENTS.
    (a) Merchant Mariner's Documents.--Section 7302(f) of title 46, 
United States Code, is amended to read as follows:
    ``(f) Periods of Validity and Renewal of Merchant Mariners' 
Documents.--
        ``(1) In general.--Except as provided in subsection (g), a 
    merchant mariner's document issued under this chapter is valid for 
    a 5-year period and may be renewed for additional 5-year periods.
        ``(2) Advance renewals.--A renewed merchant mariner's document 
    may be issued under this chapter up to 8 months in advance but is 
    not effective until the date that the previously issued merchant 
    mariner's document expires or until the completion of any active 
    suspension or revocation of that previously issued merchant 
    mariner's document, whichever is later.''.
    (b) Duration of Licenses.--Section 7106 of such title is amended to 
read as follows:
``Sec. 7106. Duration of licenses
    ``(a) In General.--A license issued under this part is valid for a 
5-year period and may be renewed for additional 5-year periods; except 
that the validity of a license issued to a radio officer is conditioned 
on the continuous possession by the holder of a first-class or second-
class radiotelegraph operator license issued by the Federal 
Communications Commission.
    ``(b) Advance Renewals.--A renewed license issued under this part 
may be issued up to 8 months in advance but is not effective until the 
date that the previously issued license expires or until the completion 
of any active suspension or revocation of that previously issued 
merchant mariner's document, whichever is later.''.
    (c) Certificates of Registry.--Section 7107 of such title is 
amended to read as follows:
``Sec. 7107. Duration of certificates of registry
    ``(a) In General.--A certificate of registry issued under this part 
is valid for a 5-year period and may be renewed for additional 5-year 
periods; except that the validity of a certificate issued to a medical 
doctor or professional nurse is conditioned on the continuous 
possession by the holder of a license as a medical doctor or registered 
nurse, respectively, issued by a State.
    ``(b) Advance Renewals.--A renewed certificate of registry issued 
under this part may be issued up to 8 months in advance but is not 
effective until the date that the previously issued certificate of 
registry expires or until the completion of any active suspension or 
revocation of that previously issued merchant mariner's document, 
whichever is later.''.
    SEC. 615. AUTHORIZATION TO EXTEND THE DURATION OF LICENSES, 
      CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS' DOCUMENTS.
    (a) Merchant Mariner Licenses and Documents.--Chapter 75 of title 
46, United States Code, is amended by adding at the end the following:
``Sec. 7507. Authority to extend the duration of licenses, certificates 
    of registry, and merchant mariner documents
    ``(a) Licenses and Certificates of Registry.--Notwithstanding 
sections 7106 and 7107, the Secretary of the department in which the 
Coast Guard is operating may--
        ``(1) extend for not more than one year an expiring license or 
    certificate of registry issued for an individual under chapter 73 
    if the Secretary determines that the extension is required to 
    enable the Coast Guard to eliminate a backlog in processing 
    applications for those licenses or certificates of registry or in 
    response to a national emergency or natural disaster, as deemed 
    necessary by the Secretary; or
        ``(2) issue for not more than five years an expiring license or 
    certificate of registry issued for an individual under chapter 73 
    for the exclusive purpose of aligning the expiration date of such 
    license or certificate of registry with the expiration date of a 
    merchant mariner's document.
    ``(b) Merchant Mariner Documents.--Notwithstanding section 7302(g), 
the Secretary may--
        ``(1) extend for not more than one year an expiring merchant 
    mariner's document issued for an individual under chapter 73 if the 
    Secretary determines that the extension is required to enable the 
    Coast Guard to eliminate a backlog in processing applications for 
    those licenses or certificates of registry or in response to a 
    national emergency or natural disaster, as deemed necessary by the 
    Secretary; or
        ``(2) issue for not more than five years an expiring merchant 
    mariner's document issued for an individual under chapter 73 for 
    the exclusive purpose of aligning the expiration date of such 
    merchant mariner's document with the expiration date of a merchant 
    mariner's document.
    ``(c) Manner of Extension.--Any extensions granted under this 
section may be granted to individual seamen or a specifically 
identified group of seamen.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended 
by adding at the end the following:

``7507. Authority to extend the duration of licenses, certificates of 
          registry, and merchant mariner documents.''.
    SEC. 616. MERCHANT MARINER ASSISTANCE REPORT.
    Not later than 180 days after the date of enactment of this Act, 
the Commandant of the Coast Guard shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report regarding the feasibility of--
        (1) expanding the streamlined evaluation process program that 
    was affiliated with the Houston Regional Examination Center of the 
    Coast Guard to all processing centers of the Coast Guard 
    nationwide;
        (2) including proposals to simplify the application process for 
    a license as an officer, staff officer, or operator and for a 
    merchant mariner's document to help eliminate errors by merchant 
    mariners when completing the application form (CG-719B), including 
    instructions attached to the application form and a modified 
    application form for renewals with questions pertaining only to the 
    period of time since the previous application;
        (3) providing notice to an applicant of the status of the 
    pending application, including a process to allow the applicant to 
    check on the status of the application by electronic means; and
        (4) ensuring that all information collected with respect to 
    applications for new or renewed licenses, merchant mariner 
    documents, and certificates of registry is retained in a secure 
    electronic format.
    SEC. 617. OFFSHORE SUPPLY VESSELS.
    (a) Removal of Tonnage Limits.--
        (1) Definition.--
            (A) In general.--Section 2101(19) of title 46, United 
        States Code, is amended by striking ``of more than 15 gross 
        tons but less than 500 gross tons as measured under section 
        14502 of this title, or an alternate tonnage measured under 
        section 14302 of this title as prescribed by the Secretary 
        under section 14104 of this title''.
            (B) Exemption.--Section 5209(b)(1) of the Oceans Act of 
        1992 (Public Law 102-587; 46 U.S.C. 2101 note) is amended by 
        striking ``vessel.'' and inserting ``vessel of less than 500 
        gross tons as measured under section 14502, or an alternate 
        tonnage measured under section 14302 of such title as 
        prescribed by the Secretary under section 14104 of such 
        title.''.
        (2) Application.--Section 3702(b) of title 46, United States 
    Code, is amended by striking paragraph (1) and redesignating 
    paragraphs (2) and (3) as paragraphs (1) and (2), respectively.
    (b) Scale of Employment: Able Seamen.--Section 7312(d) of title 46, 
United States Code, is amended to read as follows:
    ``(d) Individuals qualified as able seamen--offshore. supply vessel 
under section 7310 of this title may constitute all of the able seamen 
required on board a vessel of less than 500 gross tons as measured 
under section 14502 of this title or 6,000 gross tons as measured under 
section 14302 of this title engaged in support of exploration, 
exploitation, or production of offshore mineral or energy resources. 
Individuals qualified as able seamen--limited under section 7308 of 
this title may constitute all of the able seamen required on board a 
vessel of at least 500 gross tons as measured under section 14502 of 
this title or 6,000 gross tons as measured under section as measured 
under section 14302 of this title as prescribed by the Secretary under 
section 14104 of this title engaged in support of exploration, 
exploitation, or production of offshore mineral or energy resources.''.
    (c) Minimum Number of Licensed Individuals.--Section 8301(b) of 
title 46, United States Code, is amended to read as follows:
    ``(b)(1) An offshore supply vessel of less than 500 gross tons as 
measured under section 14502 of this title or 6,000 gross tons as 
measured under section 14302 of this title on a voyage of less than 600 
miles shall have a licensed mate. If the vessel is on a voyage of at 
least 600 miles, however, the vessel shall have 2 licensed mates.
    ``(2) An offshore supply vessel of at least 6,000 gross tons as 
measured under section 14302 of this title on a voyage of less than 600 
miles shall have at least two licensed mates, provided the offshore 
supply vessel meets the requirements of section 8104(g)(2). An offshore 
supply vessel of at least 6,000 gross tons as measured under section 
14302 of this title on a voyage of at least 600 miles shall have three 
licensed mates.
    ``(3) An offshore supply vessel of more than 200 gross tons as 
measured under section 14502 of this title, or an alternate tonnage 
measured under section 14302 of this title as prescribed by the 
Secretary under section 14104 of this title, may not be operated 
without a licensed engineer.''.
    (d) Watches.--Section 8104(g) of title 46, United States Code, is 
amended--
        (1) by inserting ``(1)'' after ``(g)''; and
        (2) by adding at the end the following:
    ``(2) Paragraph (1) applies to an offshore supply vessel of at 
least 6,000 gross tons as measured under section 14302 of this title if 
the individuals engaged on the vessel are in compliance with hours of 
service requirements (including recording and recordkeeping of that 
service) as prescribed by the Secretary.''.
    (e) Oil Fuel Tank Protection.--
        (1) Application.--An offshore supply vessel of at least 6,000 
    gross tons as measured under section 14302 of title 46, United 
    States Code, that is constructed under a contract entered into 
    after the date of enactment of this Act, or that is delivered after 
    August 1, 2010, with an aggregate capacity of 600 cubic meters or 
    more of oil fuel, shall comply with the requirements of Regulation 
    12A under Annex I to the Protocol of 1978 relating to the 
    International Convention for the Prevention of Pollution from 
    Ships, 1973, entitled Oil Fuel Tank Protection, regardless of 
    whether such vessel is engaged in the coastwise trade or on an 
    international voyage.
        (2) Definition.--In this subsection the term ``oil fuel'' means 
    any oil used as fuel in connection with the propulsion and 
    auxiliary machinery of the vessel in which such oil is carried.
    (f) Regulations.--
        (1) In general.--Not later than January 1, 2012, the Secretary 
    of the department in which the Coast Guard is operating shall 
    promulgate regulations to implement the amendments and authorities 
    enacted by this section for offshore supply vessels of at least 
    6,000 gross tons as measured under section 14302 of title 46, 
    United States Code, and to ensure the safe carriage of oil, 
    hazardous substances, and individuals in addition to the crew on 
    such vessels. The final rule issued pursuant to such rulemaking may 
    supersede the interim final rule promulgated under paragraph (2) of 
    this subsection. In promulgating regulations under this subsection, 
    the Secretary shall take into consideration the characteristics of 
    offshore supply vessels, their methods of operation, and their 
    service in support of exploration, exploitation, or production of 
    offshore mineral or energy resources.
        (2) Interim final rule authority.--As soon as is practicable 
    and without regard to the provisions of chapters 5 and 6 of title 
    5, United States Code, the Secretary shall issue an interim final 
    rule as a temporary regulation implementing this section (including 
    the amendments made by this section) for offshore supply vessels of 
    at least 6,000 gross tons as measured under section 14302 of title 
    46, United States Code, and to ensure the safe carriage of oil, 
    hazardous substances, and individuals in addition to the crew on 
    such vessels.
        (3) Interim period.--After the effective date of this Act, 
    prior to the effective date of the regulations prescribed by 
    paragraph (2) of this subsection, and without regard to the 
    provisions of chapters 5 and 6 of title 5, United States Code, and 
    the offshore supply vessel tonnage limits of applicable regulations 
    and policy guidance promulgated prior to the date of enactment of 
    this Act, the Secretary of the department in which the Coast Guard 
    is operating may--
            (A) issue a certificate of inspection under section 3309 of 
        title 46, United States Code, to an offshore supply vessel of 
        at least 6,000 gross tons as measured under section 14302 of 
        that title if the Secretary determines that such vessel's 
        arrangements and equipment meet the current Coast Guard 
        requirements for certification as a cargo and miscellaneous 
        vessel;
            (B) authorize a master, mate, or engineer who possesses an 
        ocean or near coastal license and endorsement under part 11 of 
        subchapter B of title 46, Code of Federal Regulations, (or any 
        successor regulation) that qualifies the licensed officer for 
        service on offshore supply vessels of at least 3,000 gross tons 
        but less than 6,000 gross tons, as measured under section 14302 
        of title 46, United States Code, to operate offshore supply 
        vessels of at least 6,000 gross tons, as measured under such 
        section; and
            (C) authorize any such master, mate, or engineer who also 
        possesses an ocean or near coastal license and endorsement 
        under such part that qualifies the licensed officer for service 
        on non trade-restricted vessels of at least 1,600 gross tons 
        but less than 3,000 gross tons, as measured under such section, 
        to increase the tonnage limitation of such license and 
        endorsement under section 402(c) of such part, using service on 
        vessels certificated under both subchapters I and L of such 
        title and measured only under such section, except that such 
        tonnage limitation shall not exceed 10,000 gross tons as 
        measured under such section.
    SEC. 618. ASSOCIATED EQUIPMENT.
    Section 2101(1)(B) of title 46, United States Code, is amended by 
inserting ``with the exception of emergency locator beacons for 
recreational vessels operating beyond 3 nautical miles from the 
baselines from which the territorial sea of the United States is 
measured or beyond 3 nautical miles from the coastline of the Great 
Lake,'' before ``does''.
    SEC. 619. LIFESAVING DEVICES ON UNINSPECTED VESSELS.
    Section 4102(b) of title 46, United States Code, is amended to read 
as follows:
    ``(b) The Secretary shall prescribe regulations requiring the 
installation, maintenance, and use of life preservers and other 
lifesaving devices for individuals on board uninspected vessels.''.
    SEC. 620. STUDY OF BLENDED FUELS IN MARINE APPLICATION.
    (a) Survey.--
        (1) In general.--Not later than 180 days after the date of 
    enactment of this Act, the Secretary of Homeland Security, acting 
    through the Commandant of the Coast Guard, shall submit a survey of 
    published data and reports, pertaining to the use, safety, and 
    performance of blended fuels in marine applications, to the 
    Committee on Transportation and Infrastructure of the House of 
    Representatives and the Committees on Commerce, Science, and 
    Transportation of the Senate.
        (2) Included information.--To the extent possible, the survey 
    required in subsection (a), shall include data and reports on--
            (A) the impact of blended fuel on the operation, 
        durability, and performance of recreational and commercial 
        marine engines, vessels, and marine engine and vessel 
        components and associated equipment;
            (B) the safety impacts of blended fuels on consumers that 
        own and operate recreational and commercial marine engines and 
        marine engine components and associated equipment; and
            (C) to the extent available, fires and explosions on board 
        vessels propelled by engines using blended fuels.
    (b) Study.--
        (1) In general.--Not later than 36 months after the date of 
    enactment of this Act, the Secretary, acting through the 
    Commandant, shall conduct a comprehensive study on the use, safety, 
    and performance of blended fuels in marine applications. The 
    Secretary is authorized to conduct such study in conjunction with--
            (A) any other Federal agency;
            (B) any State government or agency;
            (C) any local government or agency, including local police 
        and fire departments; and
            (D) any private entity, including engine and vessel 
        manufacturers.
        (2) Evaluation.--The study shall include an evaluation of--
            (A) the impact of blended fuel on the operation, durability 
        and performance of recreational and commercial marine engines, 
        vessels, and marine engine and vessel components and associated 
        equipment;
            (B) the safety impacts of blended fuels on consumers that 
        own and operate recreational and commercial marine engines and 
        marine engine components and associated equipment; and
            (C) fires and explosions on board vessels propelled by 
        engines using blended fuels.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Homeland Security to carry out the 
survey and study under this section $1,000,000.
    SEC. 621. RENEWAL OF ADVISORY COMMITTEES.
    (a) Great Lakes Pilotage Advisory Committee.--Section 9307(f)(1) of 
title 46, United States Code, is amended by striking ``September 30, 
2010.'' and inserting ``September 30, 2020.''.
    (b) National Boating Safety Advisory Council.--Section 13110 of 
title 46, United States Code, is amended--
        (1) in subsection (d), by striking the first sentence; and
        (2) in subsection (e), by striking ``September 30, 2010.'' and 
    inserting ``September 30, 2020.''.
    (c) Houston-Galveston Navigation Safety Advisory Committee.--
Section 18(h) of the Coast Guard Authorization Act of 1991 (Public Law 
102-241 as amended by Public Law 104-324) is amended by striking 
``September 30, 2010.'' and inserting ``September 30, 2020.''.
    (d) Lower Mississippi River Waterway Safety Advisory Committee.--
Section 19 of the Coast Guard Authorization Act of 1991 (Public Law 
102-241) is amended--
        (1) in subsection (b)--
            (A) in the matter preceding paragraph (1), by striking 
        ``twenty-four'' and inserting ``twenty-five''; and
            (B) by adding at the end the following new paragraph:
        ``(12) One member representing the Associated Federal Pilots 
    and Docking Masters of Louisiana.''; and
        (2) in subsection (g), by striking ``September 30, 2010.'' and 
    inserting ``September 30, 2020.''.
    (e) Towing Safety Advisory Committee.--The Act entitled ``An Act To 
establish a Towing Safety Advisory Committee in the Department of 
Transportation'', approved October 6, 1980, (33 U.S.C. 1231a) is 
amended--
        (1) by striking subsection (a) and inserting the following:
    ``(a) There is established a Towing Safety Advisory Committee 
(hereinafter referred to as the `Committee'). The Committee shall 
consist of eighteen members with particular expertise, knowledge, and 
experience regarding shallow-draft inland and coastal waterway 
navigation and towing safety as follows:
        ``(1) Seven members representing the barge and towing industry, 
    reflecting a regional geographic balance.
        ``(2) One member representing the offshore mineral and oil 
    supply vessel industry.
        ``(3) One member representing holders of active licensed 
    Masters or Pilots of towing vessels with experience on the Western 
    Rivers and the Gulf Intracoastal Waterway.
        ``(4) One member representing the holders of active licensed 
    Masters of towing vessels in offshore service.
        ``(5) One member representing Masters who are active ship-
    docking or harbor towing vessel.
        ``(6) One member representing licensed or unlicensed towing 
    vessel engineers with formal training and experience.
        ``(7) Two members representing each of the following groups:
            ``(A) Port districts, authorities, or terminal operators.
            ``(B) Shippers (of whom at least one shall be engaged in 
        the shipment of oil or hazardous materials by barge).
        ``(8) Two members representing the general public.''; and
        (2) in subsection (e), by striking ``September 30, 2010.'' and 
    inserting ``September 30, 2020.''.
    (f) Navigation Safety Advisory Council.--Section 5 of the Inland 
Navigational Rules Act of 1980 (33 U.S.C. 2073) is amended--
        (1) by striking subsections (a) and (b) and inserting the 
    following:
    ``(a) Establishment of Council.--
        ``(1) In general.--The Secretary of the department in which the 
    Coast Guard is operating shall establish a Navigation Safety 
    Advisory Council (hereinafter referred to as the `Council'), 
    consisting of not more than 21 members. All members shall have 
    expertise in Inland and International vessel navigation Rules of 
    the Road, aids to maritime navigation, maritime law, vessel safety, 
    port safety, or commercial diving safety. Upon appointment, all 
    non-Federal members shall be designated as representative members 
    to represent the viewpoints and interests of one of the following 
    groups or organizations:
            ``(A) Commercial vessel owners or operators.
            ``(B) Professional mariners.
            ``(C) Recreational boaters.
            ``(D) The recreational boating industry.
            ``(E) State agencies responsible for vessel or port safety.
            ``(F) The Maritime Law Association.
        ``(2) Panels.--Additional persons may be appointed to panels of 
    the Council to assist the Council in performance of its functions.
        ``(3) Nominations.--The Secretary, through the Coast Guard 
    Commandant, shall not less often than once a year publish a notice 
    in the Federal Register soliciting nominations for membership on 
    the Council.
    ``(b) Functions.--The Council shall advise, consult with, and make 
recommendations to the Secretary, through the Coast Guard Commandant, 
on matters relating to maritime collisions, rammings, groundings, 
Inland Rules of the Road, International Rules of the Road, navigation 
regulations and equipment, routing measures, marine information, diving 
safety, and aids to navigation systems. Any advice and recommendations 
made by the Council to the Secretary shall reflect the independent 
judgment of the Council on the matter concerned. The Council shall meet 
at the call of the Coast Guard Commandant, but in any event not less 
than twice during each calendar year. All proceedings of the Council 
shall be public, and a record of the proceedings shall be made 
available for public inspection.''; and
        (2) in subsection (d), by striking ``September 30, 2010.'' and 
    inserting ``September 30, 2020.''.
    (g) Delaware River and Bay Oil Spill Advisory Committee.--
        (1) In general.--Section 607 of the Coast Guard and Maritime 
    Transportation Act of 2006 (Public Law 109-241; 120 Stat. 556) is 
    amended--
            (A) in subsection (c)(2), by striking ``Not later than 18 
        months after the date that the Commandant completes appointment 
        of the members of the Committee,'' and inserting ``Not later 
        than December 31, 2010,'';
            (B) in subsection (h), by striking ``2007'' and inserting 
        ``2011''; and
            (C) by striking subsection (i) and inserting the following:
    ``(i) Termination.--The Committee shall terminate 30 days after it 
transmits its report, pursuant to subsection (c)(2), but no later than 
December 31, 2010, whichever is earlier.''.
        (2) Effective date.--The amendments made by this subsection are 
    deemed to have taken effect as if they were enacted on July 11, 
    2006.
        (3) Charter.--Any charter pertaining to the Delaware River and 
    Bay Oil Spill Advisory Committee is deemed not to have lapsed, and 
    to have remained in effect, and, notwithstanding any other 
    provision of law or policy, shall terminate 30 days after the date 
    the Committee transmits its report, pursuant to section 607(c)(2) 
    of the Coast Guard and Maritime Transportation Act of 2006 (Public 
    Law 109-241; 120 Stat. 557), but not later than December 31, 2010, 
    whichever is earlier.
        (4) Appointments to committee.--Any appointment to the Delaware 
    River and Bay Oil Spill Advisory Committee is deemed not to have 
    lapsed, and to have remained in effect, and, notwithstanding any 
    other provision of law or policy, shall terminate 30 days after the 
    Committee transmits its report, pursuant to section 607(c)(2) of 
    the Coast Guard and Maritime Transportation Act of 2006 (Public Law 
    109-241; 120 Stat. 557), but not later than December 31, 2010, 
    whichever is earlier.
    SEC. 622. DELEGATION OF AUTHORITY.
    (a) In General.--Section 3316 of title 46, United States Code, is 
amended by adding at the end the following new subsection:
    ``(d)(1) The Secretary may delegate to the American Bureau of 
Shipping or another classification society recognized by the Secretary 
as meeting acceptable standards for such a society, for a United States 
offshore facility, the authority to--
        ``(A) review and approve plans required for issuing a 
    certificate of inspection, a certificate of compliance, or any 
    other certification and related documents issued by the Coast Guard 
    pursuant to regulations issued under section 30 of the Outer 
    Continental Shelf Lands Act (43 U.S.C. 1356); and
        ``(B) conduct inspections and examinations.
    ``(2) The Secretary may make a delegation under paragraph (1) to a 
foreign classification society only if--
        ``(A) the foreign society has offices and maintains records in 
    the United States; and
        ``(B)(i) the government of the foreign country in which the 
    foreign society is headquartered delegates that authority to the 
    American Bureau of Shipping; or
        ``(ii) the Secretary has entered into an agreement with the 
    government of the foreign country in which the foreign society is 
    headquartered that--
            ``(I) ensures the government of the foreign country will 
        accept plan review, inspections, or examinations conducted by 
        the American Bureau of Shipping and provide equivalent access 
        to inspect, certify, and provide related services to offshore 
        facilities located in that country or operating under the 
        authority of that country; and
            ``(II) is in full accord with principles of reciprocity in 
        regards to any delegation contemplated by the Secretary under 
        paragraph (1).
    ``(3) If an inspection or examination is conducted under authority 
delegated under this subsection, the person to which the authority was 
delegated--
        ``(A) shall maintain in the United States complete files of all 
    information derived from or necessarily connected with the 
    inspection or examination for at least 2 years after the United 
    States offshore facility ceases to be certified; and
        ``(B) shall permit access to those files at all reasonable 
    times to any officer, employee, or member of the Coast Guard 
    designated--
            ``(i) as a marine inspector and serving in a position as a 
        marine inspector; or
            ``(ii) in writing by the Secretary to have access to those 
        files.
    ``(4) For purposes of this subsection--
        ``(A) the term `offshore facility' means any installation, 
    structure, or other device (including any vessel not documented 
    under chapter 121 of this title or the laws of another country), 
    fixed or floating, that dynamically holds position or is 
    temporarily or permanently attached to the seabed or subsoil under 
    the sea; and
        ``(B) the term `United States offshore facility' means any 
    offshore facility, fixed or floating, that dynamically holds 
    position or is temporarily or permanently attached to the seabed or 
    subsoil under the territorial sea of the United States or the outer 
    Continental Shelf (as that term is defined in section 2 of the 
    Outer Continental Shelf Lands Act (43 U.S.C. 1331)), including any 
    vessel, rig, platform, or other vehicle or structure subject to 
    regulation under section 30 of the Outer Continental Shelf Lands 
    Act (43 U.S.C. 1356).''.
    (b) Review and Approval of Classification Society Required.--
Section 3316(c) of title 46, United States Code, is amended by striking 
so much as precedes paragraph (2) and inserting the following:
    ``(c)(1) A classification society (including an employee or agent 
of that society) may not review, examine, survey, or certify the 
construction, repair, or alteration of a vessel in the United States 
unless the society has applied for approval under this subsection and 
the Secretary has reviewed and approved that society with respect to 
the conduct of that society under paragraph (2).''.

                  TITLE VII--OIL POLLUTION PREVENTION

    SEC. 701. RULEMAKINGS.
    (a) Status Report.--
        (1) In general.--Not later than 90 days after the date of 
    enactment of this Act, the Secretary of the department in which the 
    Coast Guard is operating shall provide a report to the Senate 
    Committee on Commerce, Science, and Transportation and the House of 
    Representatives Committee on Transportation and Infrastructure on 
    the status of all Coast Guard rulemakings required or otherwise 
    being developed (but for which no final rule has been issued as of 
    the date of enactment of this Act) under section 311 of the Federal 
    Water Pollution Control Act (33 U.S.C. 1321).
        (2) Information required.--The Secretary shall include in the 
    report required in paragraph (1)--
            (A) a detailed explanation with respect to each such 
        rulemaking as to--
                (i) what steps have been completed;
                (ii) what areas remain to be addressed; and
                (iii) the cause of any delays; and
            (B) the date by which a final rule may reasonably be 
        expected to be issued.
    (b) Final Rules.--The Secretary shall issue a final rule in each 
pending rulemaking described in subsection (a) as soon as practicable, 
but in no event later than 18 months after the date of enactment of 
this Act.
    (c) Towing Vessels.--No later than 90 days after the date of 
enactment of this Act, the Secretary shall issue a notice of proposed 
rulemaking regarding inspection requirements for towing vessels 
required under section 3306(j) of title 46, United States Code. The 
Secretary shall issue a final rule pursuant to that rulemaking no later 
than 1 year after the date of enactment of this Act.
    SEC. 702. OIL TRANSFERS FROM VESSELS.
    (a) Regulations.--Within 1 year after the date of enactment of this 
Act, the Secretary shall promulgate regulations to reduce the risks of 
oil spills in operations involving the transfer of oil from or to a 
tank vessel. The regulations--
        (1) shall focus on operations that have the highest risks of 
    discharge, including operations at night and in inclement weather;
        (2) shall consider--
            (A) requirements for the use of equipment, such as putting 
        booms in place for transfers, safety, and environmental 
        impacts;
            (B) operational procedures such as manning standards, 
        communications protocols, and restrictions on operations in 
        high-risk areas; or
            (C) both such requirements and operational procedures; and
        (3) shall take into account the safety of personnel and 
    effectiveness of available procedures and equipment for preventing 
    or mitigating transfer spills.
    (b) Application With State Laws.--The regulations promulgated under 
subsection (a) do not preclude the enforcement of any State law or 
regulation the requirements of which are at least as stringent as 
requirements under the regulations (as determined by the Secretary) 
that--
        (1) applies in State waters; and
        (2) does not conflict with, or interfere with the enforcement 
    of, requirements and operational procedures under the regulations.
    SEC. 703. IMPROVEMENTS TO REDUCE HUMAN ERROR AND NEAR MISS 
      INCIDENTS.
    (a) Report.--Within 1 year after the date of enactment of this Act, 
the Secretary shall transmit a report to the Senate Committee on 
Commerce, Science, and Transportation and the House Committee on 
Transportation and Infrastructure that, using available data--
        (1) identifies the types of human errors that, combined, could 
    cause oil spills, with particular attention to human error caused 
    by fatigue, in the past 10 years;
        (2) in consultation with representatives of industry and labor 
    and experts in the fields of marine casualties and human factors, 
    identifies the most frequent types of near-miss oil spill incidents 
    involving vessels such as collisions, allisions, groundings, and 
    loss of propulsion in the past 10 years;
        (3) describes the extent to which there are gaps in the data 
    required under paragraphs (1) and (2), including gaps in the 
    ability to define and identify fatigue, and explains the reason for 
    those gaps; and
        (4) includes recommendations by the Secretary and 
    representatives of industry and labor and experts in the fields of 
    marine casualties and human factors to address the identified types 
    of errors and any such gaps in the data.
    (b) Measures.--Based on the findings contained in the report 
required by subsection (a), the Secretary shall take appropriate action 
to reduce the risk of oil spills caused by human error.
    (c) Confidentiality of Voluntarily Submitted Information.--The 
identity of a person making a voluntary disclosure under this section, 
and any information obtained from any such voluntary disclosure, shall 
be treated as confidential.
    (d) Discovery of Voluntarily Submitted Information.--
        (1) In general.--Except as provided in this subsection, a party 
    in a judicial proceeding may not use discovery to obtain 
    information or data collected or received by the Secretary for use 
    in the report required in subsection (a).
        (2) Exception.--
            (A) Notwithstanding paragraph (1), a court may allow 
        discovery by a party in a judicial proceeding of data described 
        in paragraph (1) if, after an in camera review of the 
        information or data, the court decides that there is a 
        compelling reason to allow the discovery.
            (B) When a court allows discovery in a judicial proceeding 
        as permitted under this paragraph, the court shall issue a 
        protective order--
                (i) to limit the use of the data to the judicial 
            proceeding; and
                (ii) to prohibit dissemination of the data to any 
            person who does not need access to the data for the 
            proceeding.
            (C) A court may allow data it has decided is discoverable 
        under this paragraph to be admitted into evidence in a judicial 
        proceeding only if the court places the data under seal to 
        prevent the use of the data for a purpose other than for the 
        proceeding.
        (3) Application.--Paragraph (1) shall not apply to--
            (A) any disclosure made with actual knowledge that the 
        disclosure was false, inaccurate, or misleading; or
            (B) any disclosure made with reckless disregard as to the 
        truth or falsity of that disclosure.
    (e) Restriction on Use of Data.--Data that is voluntarily submitted 
for the purpose of the study required under subsection (a) shall not be 
used in an administrative action under chapter 77 of title 46, United 
States Code.
    SEC. 704. OLYMPIC COAST NATIONAL MARINE SANCTUARY.
    The Secretary of the Department in which the Coast Guard is 
operating and the Under Secretary of Commerce for Oceans and Atmosphere 
shall revise the area to be avoided off the coast of the State of 
Washington so that restrictions apply to all vessels required to 
prepare a response plan pursuant to section 311(j) of the Federal Water 
Pollution Control Act (33 U.S.C. 1321(j)) (other than fishing or 
research vessels while engaged in fishing or research within the area 
to be avoided).
    SEC. 705. PREVENTION OF SMALL OIL SPILLS.
    (a) Prevention and Education Program.--The Under Secretary of 
Commerce for Oceans and Atmosphere, in consultation with the Secretary 
of the Department in which the Coast Guard is operating and other 
appropriate agencies, shall establish an oil spill prevention and 
education program for small vessels. The program shall provide for 
assessment, outreach, and training and voluntary compliance activities 
to prevent and improve the effective response to oil spills from 
vessels and facilities not required to prepare a vessel response plan 
under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), 
including recreational vessels, commercial fishing vessels, marinas, 
and aquaculture facilities. The Under Secretary may provide grants to 
sea grant colleges and institutes designated under section 207 of the 
National Sea Grant College Program Act (33 U.S.C. 1126) and to State 
agencies, tribal governments, and other appropriate entities to carry 
out--
        (1) regional assessments to quantify the source, incidence and 
    volume of small oil spills, focusing initially on regions in the 
    country where, in the past 10 years, the incidence of such spills 
    is estimated to be the highest;
        (2) voluntary, incentive-based clean marina programs that 
    encourage marina operators, recreational boaters, and small 
    commercial vessel operators to engage in environmentally sound 
    operating and maintenance procedures and best management practices 
    to prevent or reduce pollution from oil spills and other sources;
        (3) cooperative oil spill prevention education programs that 
    promote public understanding of the impacts of spilled oil and 
    provide useful information and techniques to minimize pollution, 
    including methods to remove oil and reduce oil contamination of 
    bilge water, prevent accidental spills during maintenance and 
    refueling and properly cleanup and dispose of oil and hazardous 
    substances; and
        (4) support for programs, including outreach and education to 
    address derelict vessels and the threat of such vessels sinking and 
    discharging oil and other hazardous substances, including outreach 
    and education to involve efforts to the owners of such vessels.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Under Secretary of Commerce for Oceans and 
Atmosphere to carry out this section, $10,000,000 for each of fiscal 
years 2010 through 2014.
    SEC. 706. IMPROVED COORDINATION WITH TRIBAL GOVERNMENTS.
    (a) In General.--Within 6 months after the date of enactment of 
this Act, the Secretary of the Department in which the Coast Guard is 
operating shall complete the development of a tribal consultation 
policy, which recognizes and protects to the maximum extent practicable 
tribal treaty rights and trust assets in order to improve the Coast 
Guard's consultation and coordination with the tribal governments of 
federally recognized Indian tribes with respect to oil spill 
prevention, preparedness, response and natural resource damage 
assessment.
    (b) Inclusion of Tribal Government.--The Secretary of the 
Department in which the Coast Guard is operating shall ensure that, as 
soon as practicable after identifying an oil spill that is likely to 
have a significant impact on natural or cultural resources owned or 
directly utilized by a federally recognized Indian tribe, the Coast 
Guard will--
        (1) ensure that representatives of the tribal government of the 
    affected tribes are included as part of the incident command system 
    established by the Coast Guard to respond to the spill;
        (2) share information about the oil spill with the tribal 
    government of the affected tribe; and
        (3) to the extent practicable, involve tribal governments in 
    deciding how to respond to the spill.
    (c) Cooperative Arrangements.--The Coast Guard may enter into 
memoranda of agreement and associated protocols with Indian tribal 
governments in order to establish cooperative arrangements for oil 
pollution prevention, preparedness, and response. Such memoranda may be 
entered into prior to the development of the tribal consultation and 
coordination policy to provide Indian tribes grant and contract 
assistance. Such memoranda of agreement and associated protocols with 
Indian tribal governments may include--
        (1) arrangements for the assistance of the tribal government to 
    participate in the development of the National Contingency Plan and 
    local Area Contingency Plans to the extent they affect tribal 
    lands, cultural and natural resources;
        (2) arrangements for the assistance of the tribal government to 
    develop the capacity to implement the National Contingency Plan and 
    local Area Contingency Plans to the extent they affect tribal 
    lands, cultural and natural resources;
        (3) provisions on coordination in the event of a spill, 
    including agreements that representatives of the tribal government 
    will be included as part of the regional response team co-chaired 
    by the Coast Guard and the Environmental Protection Agency to 
    establish policies for responding to oil spills;
        (4) arrangements for the Coast Guard to provide training of 
    tribal incident commanders and spill responders for oil spill 
    preparedness and response;
        (5) demonstration projects to assist tribal governments in 
    building the capacity to protect tribal treaty rights and trust 
    assets from oil spills; and
        (6) such additional measures the Coast Guard determines to be 
    necessary for oil pollution prevention, preparedness, and response.
    (d) Funding for Tribal Participation.--Subject to the availability 
of appropriations, the Commandant of the Coast Guard shall provide 
assistance to participating tribal governments in order to facilitate 
the implementation of cooperative arrangements under subsection (c) and 
ensure the participation of tribal governments in such arrangements. 
There are authorized to be appropriated to the Commandant $500,000 for 
each of fiscal years 2010 through 2014 to be used to carry out this 
section.
    SEC. 707. REPORT ON AVAILABILITY OF TECHNOLOGY TO DETECT THE LOSS 
      OF OIL.
    Within 1 year after the date of enactment of this Act, the 
Secretary of the Department in which the Coast Guard is operating shall 
submit a report to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on 
Transportation and Infrastructure on the availability, feasibility, and 
potential cost of technology to detect the loss of oil carried as cargo 
or as fuel on tank and non-tank vessels greater than 400 gross tons.
    SEC. 708. USE OF OIL SPILL LIABILITY TRUST FUND.
    (a) In General.--Section 1012(a)(5) of the Oil Pollution Act of 
1990 (33 U.S.C. 2712(a)(5)) is amended--
        (1) by redesignating subparagraphs (B) and (C) as subparagraphs 
    (C) and (D), respectively; and
        (2) by inserting after subparagraph (A) the following:
            ``(B) not more than $15,000,000 in each fiscal year shall 
        be available to the Under Secretary of Commerce for Oceans and 
        Atmosphere for expenses incurred by, and activities related to, 
        response and damage assessment capabilities of the National 
        Oceanic and Atmospheric Administration;''.
    (b) Audits; Annual Reports.--Section 1012 of the Oil Pollution Act 
of 1990 (33 U.S.C. 2712) is amended--
        (1) by striking subsection (g) and inserting the following:
    ``(g) Audits.--
        ``(1) In general.--The Comptroller General of the United States 
    shall conduct an audit, including a detailed accounting of each 
    disbursement from the Fund in excess of $500,000 that is--
            ``(A) disbursed by the National Pollution Fund Center and 
        not reimbursed by the responsible party; and
            ``(B) administered and managed by the receiving Federal 
        agencies, including final payments made to agencies and 
        contractors and, to the extent possible, subcontractors.
        ``(2) Frequency.--The audits shall be conducted--
            ``(A) at least once every 3 years after the date of 
        enactment of the Coast Guard Authorization Act of 2010 until 
        2016; and
            ``(B) at least once every 5 years after the last audit 
        conducted under subparagraph (A).
        ``(3) Submission of results.--The Comptroller shall submit the 
    results of each audit conducted under paragraph (1) to--
            ``(A) the Senate Committee on Commerce, Science, and 
        Transportation;
            ``(B) the House of Representatives Committee on 
        Transportation and Infrastructure; and
            ``(C) the Secretary or Administrator of each agency 
        referred to in paragraph (1)(B).''; and
        (2) by adding at the end thereof the following:
    ``(l) Reports.--
        ``(1) In general.--Within one year after the date of enactment 
    of the Coast Guard Authorization Act of 2010, and annually 
    thereafter, the President, through the Secretary of the Department 
    in which the Coast Guard is operating, shall--
            ``(A) provide a report on disbursements for the preceding 
        fiscal year from the Fund, regardless of whether those 
        disbursements were subject to annual appropriations, to--
                ``(i) the Senate Committee on Commerce, Science, and 
            Transportation; and
                ``(ii) the House of Representatives Committee on 
            Transportation and Infrastructure; and
            ``(B) make the report available to the public on the 
        National Pollution Funds Center Internet website.
        ``(2) Contents.--The report shall include--
            ``(A) a list of each disbursement of $250,000 or more from 
        the Fund during the preceding fiscal year; and
            ``(B) a description of how each such use of the Fund meets 
        the requirements of subsection (a).
        ``(3) Agency recordkeeping.--Each Federal agency that receives 
    amounts from the Fund shall maintain records describing the 
    purposes for which such funds were obligated or expended in such 
    detail as the Secretary may require for purposes of the report 
    required under paragraph (1).''.
    SEC. 709. INTERNATIONAL EFFORTS ON ENFORCEMENT.
    The Secretary of the department in which the Coast Guard is 
operating, in consultation with the heads of other appropriate Federal 
agencies, shall ensure that the Coast Guard pursues stronger 
enforcement in the International Maritime Organization of agreements 
related to oil discharges, including joint enforcement operations, 
training, and stronger compliance mechanisms.
    SEC. 710. HIGHER VOLUME PORT AREA REGULATORY DEFINITION CHANGE.
    (a) In General.--Within 1 year after the date of enactment of this 
Act, the Commandant shall initiate a rulemaking proceeding to modify 
the definition of the term ``higher volume port area'' in section 
155.1020 of the Coast Guard regulations (33 C.F.R. 155.1020) by 
striking ``Port Angeles, WA'' in paragraph (13) of that section and 
inserting ``Cape Flattery, WA''.
    (b) Vessel Response Plan Reviews.--Within 5 years after the date of 
enactment of this Act, the Coast Guard shall complete its review of any 
changes to vessel response plans under the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.) resulting from the modification of 
the higher volume port area definition required by subsection (a).
    SEC. 711. TUG ESCORTS FOR LADEN OIL TANKERS.
    (a) Comparability Analysis.--
        (1) In general.--Within 1 year after the date of enactment of 
    this Act, the Commandant, in consultation with the Secretary of 
    State, is strongly encouraged to enter into negotiations with the 
    Government of Canada to update the comparability analysis which 
    serves as the basis for the Cooperative Vessel Traffic Service 
    agreement between the United States and Canada for the management 
    of maritime traffic in Puget Sound, the Strait of Georgia, Haro 
    Strait, Rosario Strait, and the Strait of Juan de Fuca. The updated 
    analysis shall, at a minimum, consider--
            (A) requirements for laden tank vessels to be escorted by 
        tug boats;
            (B) vessel emergency response towing capability at the 
        entrance to the Strait of Juan de Fuca; and
            (C) spill response capability throughout the shared water, 
        including oil spill response planning requirements for vessels 
        bound for one nation transiting through the waters of the other 
        nation.
        (2) Consultation requirement.--In conducting the analysis 
    required under this subsection, the Commandant shall consult with 
    the State of Washington and affected tribal governments.
        (3) Recommendations.--Within 18 months after the date of 
    enactment of this Act, the Commandant shall submit recommendations 
    based on the analysis required under this subsection to the Senate 
    Committee on Commerce, Science, and Transportation and the House of 
    Representatives Committee on Transportation and Infrastructure. The 
    recommendations shall consider a full range of options for the 
    management of maritime traffic, including Federal legislation, 
    promulgation of Federal rules, and the establishment of cooperative 
    agreements for shared funding of spill prevention and response 
    systems.
    (b) Dual Escort Vessels for Double Hulled Tankers in Prince William 
Sound, Alaska.--
        (1) In general.--Section 4116(c) of the Oil Pollution Act of 
    1990 (46 U.S.C. 3703 note) is amended--
            (A) by striking ``Not later than 6 months after the date of 
        the enactment of this Act, the'' and inserting ``(1) In 
        general.--The''; and
            (B) by adding at the end the following:
        ``(2) Prince william sound, alaska.--
            ``(A) In general.--The requirement in paragraph (1) 
        relating to single hulled tankers in Prince William Sound, 
        Alaska, described in that paragraph being escorted by at least 
        2 towing vessels or other vessels considered to be appropriate 
        by the Secretary (including regulations promulgated in 
        accordance with section 3703(a)(3) of title 46, United States 
        Code, as set forth in part 168 of title 33, Code of Federal 
        Regulations (as in effect on March 1, 2009) implementing this 
        subsection with respect to those tankers) shall apply to double 
        hulled tankers over 5,000 gross tons transporting oil in bulk 
        in Prince William Sound, Alaska.
            ``(B) Implementation of requirements.--The Secretary of the 
        department in which the Coast Guard is operating shall 
        prescribe interim final regulations to carry out subparagraph 
        (A) as soon as practicable without notice and hearing pursuant 
        to section 553 of title 5 of the United States Code.''.
        (2) Effective date.--The amendments made by subsection (b) take 
    effect on the date that is 90 days after the date of enactment of 
    this Act.
    (c) Preservation of State Authority.--Nothing in this Act or in any 
other provision of Federal law related to the regulation of maritime 
transportation of oil shall affect, or be construed or interpreted as 
preempting, the authority of any State or political subdivision thereof 
which require the escort by one or more tugs of laden oil tankers in 
the areas which are specified in section 4116(c) of the Oil Pollution 
Act of 1990 (46 U.S.C. 3703 note).
    (d) Vessel Traffic Risk Assessment.--
        (1) Requirement.--The Commandant of the Coast Guard, acting 
    through the appropriate Area Committee established under section 
    311(j)(4) of the Federal Water Pollution Control Act, shall prepare 
    a vessel traffic risk assessment for Cook Inlet, Alaska, within 1 
    year after the date of enactment of this Act.
        (2) Contents.--The assessment shall describe, for the region 
    covered by the assessment--
            (A) the amount and character of present and estimated 
        future shipping traffic in the region; and
            (B) the current and projected use and effectiveness in 
        reducing risk, of--
                (i) traffic separation schemes and routing measures;
                (ii) long-range vessel tracking systems developed under 
            section 70115 of title 46, United States Code;
                (iii) towing, response, or escort tugs;
                (iv) vessel traffic services;
                (v) emergency towing packages on vessels;
                (vi) increased spill response equipment including 
            equipment appropriate for severe weather and sea 
            conditions;
                (vii) the Automatic Identification System developed 
            under section 70114 of title 46, United States Code;
                (viii) particularly sensitive sea areas, areas to be 
            avoided, and other traffic exclusion zones;
                (ix) aids to navigation; and
                (x) vessel response plans.
        (3) Recommendations.--
            (A) In general.--The assessment shall include any 
        appropriate recommendations to enhance the safety, or lessen 
        potential adverse environmental impacts, of marine shipping.
            (B) Consultation.--Before making any recommendations under 
        paragraph (1) for a region, the Area Committee shall consult 
        with affected local, State, and Federal government agencies, 
        representatives of the fishing industry, Alaska Natives from 
        the region, the conservation community, and the merchant 
        shipping and oil transportation industries.
        (4) Provision to congress.--The Commandant shall provide a copy 
    of the assessment to the Committee on Transportation and 
    Infrastructure of the House of Representatives and the Committee on 
    Commerce, Science, and Transportation of the Senate.
    SEC. 712. EXTENSION OF FINANCIAL RESPONSIBILITY.
    Section 1016(a) of the Oil Pollution Act of 1990 (33 U.S.C. 
2716(a)) is amended--
        (1) by striking ``or'' after the semicolon in paragraph (1);
        (2) by inserting ``or'' after the semicolon in paragraph (2); 
    and
        (3) by inserting after paragraph (2) the following:
        ``(3) any tank vessel over 100 gross tons using any place 
    subject to the jurisdiction of the United States;''.
    SEC. 713. LIABILITY FOR USE OF SINGLE-HULL VESSELS.
    Section 1001(32)(A) of the Oil Pollution Act of 1990 (33 U.S.C. 
2701(32)(A)) is amended by inserting ``In the case of a vessel, the 
term `responsible party' also includes the owner of oil being 
transported in a tank vessel with a single hull after December 31, 2010 
(other than a vessel described in section 3703a(b)(3) of title 46, 
United States Code).'' after ``vessel.''.

                       TITLE VIII--PORT SECURITY

    SEC. 801. AMERICA'S WATERWAY WATCH PROGRAM.
    (a) In General.--Chapter 701 of title 46, United States Code, is 
amended by adding at the end thereof the following:
``Sec. 70122. Waterway watch program
    ``(a) Program Established.--There is hereby established, within the 
Coast Guard, the America's Waterway Watch Program.
    ``(b) Purpose.--The Secretary shall administer the Program in a 
manner that promotes voluntary reporting of activities that may 
indicate that a person or persons may be preparing to engage or 
engaging in a violation of law relating to a threat or an act of 
terrorism (as that term is defined in section 3077 of title 18) against 
a vessel, facility, port, or waterway.
    ``(c) Information; Training.--
        ``(1) Information.--The Secretary may establish, as an element 
    of the Program, a network of individuals and community-based 
    organizations that encourage the public and industry to recognize 
    activities referred to in subsection (b), promote voluntary 
    reporting of such activity, and enhance the situational awareness 
    within the Nation's ports and waterways. Such network shall, to the 
    extent practicable, be conducted in cooperation with Federal, 
    State, and local law enforcement agencies.
        ``(2) Training.--The Secretary may provide training in--
            ``(A) observing and reporting on covered activities; and
            ``(B) sharing such reports and coordinating the response by 
        Federal, State, and local law enforcement agencies.
    ``(d) Voluntary Participation.--Participation in the Program--
        ``(1) shall be wholly voluntary;
        ``(2) shall not be a prerequisite to eligibility for, or 
    receipt of, any other service or assistance from, or to 
    participation in, any other program of any kind; and
        ``(3) shall not require disclosure of information regarding the 
    individual reporting covered activities or, for proprietary 
    purposes, the location of such individual.
    ``(e) Coordination.--The Secretary shall coordinate the Program 
with other like watch programs. The Secretary shall submit, concurrent 
with the President's budget submission for each fiscal year, a report 
on coordination of the Program and like watch programs within the 
Department of Homeland Security to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Homeland Security 
of the House of Representatives.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated for the purposes of this section $3,000,000 for each of 
fiscal years 2011 through 2016. Such funds shall remain available until 
expended.''.
    (b) Clerical Amendment.--The table of contents for chapter 701 of 
title 46, United States Code, is amended by inserting after the item 
relating to section 70121 the following:

``70122. Waterway watch program.''.
    SEC. 802. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL.
    (a) In General.--Not later than 120 days after completing the pilot 
program under section 70105(k)(1) of title 46, United States Code, to 
test TWIC access control technologies at port facilities and vessels 
nationwide, the Secretary of Homeland Security shall submit to the 
Committee on Homeland Security and the Committee on Transportation and 
Infrastructure of the House of Representatives, the Committee on 
Commerce, Science, and Transportation of the Senate, and to the 
Comptroller General a report containing an assessment of the results of 
the pilot. The report shall include--
        (1) the findings of the pilot program with respect to key 
    technical and operational aspects of implementing TWIC technologies 
    in the maritime sector;
        (2) a comprehensive listing of the extent to which established 
    metrics were achieved during the pilot program; and
        (3) an analysis of the viability of those technologies for use 
    in the maritime environment, including any challenges to 
    implementing those technologies and strategies for mitigating 
    identified challenges.
    (b) GAO Assessment.--The Comptroller General shall review the 
report and submit to the Committee on Homeland Security and the 
Committee on Transportation and Infrastructure of the House of 
Representatives, and the Committee on Commerce, Science, and 
Transportation of the Senate an assessment of the report's findings and 
recommendations.
    SEC. 803. INTERAGENCY OPERATIONAL CENTERS FOR PORT SECURITY.
    Section 70107A(b) of title 46, United States Code, is amended--
        (1) by striking paragraph (3);
        (2) by redesignating paragraphs (1) and (2) as paragraphs (2) 
    and (3), respectively;
        (3) by inserting before paragraph (2), as so redesignated, the 
    following:
        ``(1)(A) include--
            ``(i) information management systems, and
            ``(ii) sensor management systems; and
        ``(B) where practicable, provide for the physical co-location 
    of the Coast Guard and, as the Secretary determines appropriate, 
    representatives of the United States Customs and Border Protection, 
    the United States Immigration and Customs Enforcement, the 
    Transportation Security Administration, the Department of Justice, 
    the Department of Defense, and other Federal agencies, State and 
    local law enforcement or port security personnel, members of the 
    Area Maritime Security Committee, and other public and private 
    sector stakeholders adversely affected by a transportation security 
    incident or transportation disruption;''; and
        (4) in paragraph (2), as so redesignated--
            (A) by striking ``existing centers, including--'' and 
        inserting ``existing centers;''; and
            (B) by striking subparagraph (A) and (B); and
        (5) by adding ``and'' at the end of paragraph (3), as so 
    redesignated.
    SEC. 804. DEPLOYABLE, SPECIALIZED FORCES.
    (a) In General.--Section 70106 of title 46, United States Code, is 
amended to read as follows:
``Sec. 70106. Deployable, specialized forces
    ``(a) Establishment.--
        ``(1) In general.--To enhance the domestic maritime security 
    capability of the United States, the Secretary shall establish 
    deployable specialized forces of varying capabilities as are needed 
    to safeguard the public and protect vessels, harbors, ports, 
    facilities, and cargo in waters subject to the jurisdiction of the 
    United States from destruction, loss or injury from crime, or 
    sabotage due to terrorist activity, and to respond to such activity 
    in accordance with the transportation security plans developed 
    under section 70103.
        ``(2) Enhanced teams.--Such specialized forces shall include no 
    less than two enhanced teams to serve as deployable forces capable 
    of combating terrorism, engaging in interdiction, law enforcement, 
    and advanced tactical maritime security operations to address known 
    or potentially armed security threats (including non-compliant 
    actors at sea), and participating in homeland security, homeland 
    defense, and counterterrorism exercises in the maritime 
    environment.
    ``(b) Mission.--The combined force of the specialized forces 
established under subsection (a) shall be trained, equipped, and 
capable of being deployed to--
        ``(1) deter, protect against, and rapidly respond to threats of 
    maritime terrorism;
        ``(2) conduct maritime operations to protect against and 
    disrupt illegal use, access to, or proliferation of weapons of mass 
    destruction;
        ``(3) enforce moving or fixed safety or security zones 
    established pursuant to law;
        ``(4) conduct high speed intercepts;
        ``(5) board, search, and seize any article or thing on or at, 
    respectively, a vessel or facility found to present a risk to the 
    vessel or facility, or to a port;
        ``(6) rapidly deploy to supplement United States armed forces 
    domestically or overseas;
        ``(7) respond to criminal or terrorist acts so as to minimize, 
    insofar as possible, the disruption caused by such acts;
        ``(8) assist with facility vulnerability assessments required 
    under this chapter; and
        ``(9) carry out any other missions of the Coast Guard as are 
    assigned to it by the Secretary.
    ``(c) Minimization of Response Times.--The enhanced teams 
established under subsection (a)(2) shall, to the extent practicable, 
be stationed in such a way so as to minimize the response time to 
maritime terrorist threats and potential or actual transportation 
security incidents.
    ``(d) Coordination With Other Agencies.--To the maximum extent 
feasible, the combined force of the specialized forces established 
under subsection (a) shall coordinate their activities with other 
Federal, State, and local law enforcement and emergency response 
agencies.''.
    (b) Clerical Amendment.--The table of contents for chapter 701 of 
title 46, United States Code, is amended by striking the item relating 
to section 70106 and inserting the following:

``70106. Deployable, specialized forces.''.
    SEC. 805. COAST GUARD DETECTION CANINE TEAM PROGRAM EXPANSION.
    (a) Definitions.--For purposes of this section:
        (1) Canine detection team.--The term ``detection canine team'' 
    means a canine and a canine handler that are trained to detect 
    narcotics or explosives, or other threats as defined by the 
    Secretary.
        (2) Secretary.--The term ``Secretary'' means the Secretary of 
    Homeland Security.
    (b) Detection Canine Teams.--
        (1) Increased capacity.--Not later than 1 year after the date 
    of enactment of this Act, and subject to the availability of 
    appropriations, the Secretary shall--
            (A) begin to increase the number of detection canine teams 
        certified by the Coast Guard for the purposes of maritime-
        related security by no fewer than 10 canine teams annually 
        through fiscal year 2012; and
            (B) encourage owners and operators of port facilities, 
        passenger cruise liners, oceangoing cargo vessels, and other 
        vessels identified by the Secretary to strengthen security 
        through the use of highly trained detection canine teams.
        (2) Canine procurement.--The Secretary, acting through the 
    Commandant of the Coast Guard, shall procure detection canine teams 
    as efficiently as possible, including, to the greatest extent 
    possible, through increased domestic breeding, while meeting the 
    performance needs and criteria established by the Commandant.
    (c) Deployment.--The Secretary shall prioritize deployment of the 
additional canine teams to ports based on risk, consistent with the 
Security and Accountability For Every Port Act of 2006 (Public Law 109-
347).
    SEC. 806. COAST GUARD PORT ASSISTANCE PROGRAM.
    (a) Foreign Port Assessment.--Chapter 701 of title 46, United 
States Code, is amended--
        (1) by adding at the end of section 70108 the following:
    ``(e) Limitation on Statutory Construction.--The absence of an 
inspection of a foreign port shall not bar the Secretary from making a 
finding that a port in a foreign country does not maintain effective 
antiterrorism measures.'';
        (2) by striking ``If the Secretary, after conducting an 
    assessment under section 70108, finds that a port in a foreign 
    country does not maintain effective antiterrorism measures,'' in 
    section 70109(a) and inserting ``Unless the Secretary finds that a 
    port in a foreign country maintains effective antiterrorism 
    measures,''; and
        (3) by striking ``If the Secretary finds that a foreign port 
    does not maintain effective antiterrorism measures,'' in section 
    70110(a) and inserting ``Unless the Secretary finds that a foreign 
    port maintains effective antiterrorism measures,''.
    (b) Assistance Program.--Section 70110 of title 46, United States 
Code, is amended by adding at the end the following:
    ``(f) Coast Guard Assistance Program.--
        ``(1) In general.--The Secretary may lend, lease, donate, or 
    otherwise provide equipment, and provide technical training and 
    support, to the owner or operator of a foreign port or facility--
            ``(A) to assist in bringing the port or facility into 
        compliance with applicable International Ship and Port Facility 
        Code standards; and
            ``(B) to assist the port or facility in correcting 
        deficiencies identified in periodic port assessments and 
        reassessments required under section 70108 of this title.
        ``(2) Conditions.--The Secretary--
            ``(A) may provide such assistance based upon an assessment 
        of the risks to the security of the United States and the 
        inability of the owner or operator of the port or facility to 
        bring the port or facility into compliance with those standards 
        and to maintain compliance with, or exceed, such standards;
            ``(B) may not provide such assistance unless the port or 
        facility has been subjected to a comprehensive port security 
        assessment by the Coast Guard; and
            ``(C) may only lend, lease, or otherwise provide equipment 
        that the Secretary has first determined is not required by the 
        Coast Guard for the performance of its missions.''.
    (c) Safety and Security Assistance for Foreign Ports.--
        (1) In general.--Section 70110(e)(1) of title 46, United States 
    Code, is amended by striking the second sentence and inserting the 
    following: ``The Secretary shall establish a strategic plan to 
    utilize those assistance programs to assist ports and facilities 
    that are found by the Secretary under subsection (a) not to 
    maintain effective antiterrorism measures in the implementation of 
    port security antiterrorism measures.''.
        (2) Conforming amendments.--
            (A) Section 70110 of title 46, United States Code, is 
        amended--
                (i) by inserting ``or facilities'' after ``ports'' in 
            the section heading;
                (ii) by inserting ``or facility'' after ``port'' each 
            place it appears; and
                (iii) by striking ``Ports'' in the heading for 
            subsection (e) and inserting ``Ports, Facilities,''.
            (B) Section 70108(c) of such title is amended--
                (i) by striking paragraph (2); and
                (ii) by redesignating paragraphs (3) and (4) as 
            paragraphs (2) and (3), respectively.
            (C) The table of contents for chapter 701 of title 46, 
        United States Code, is amended by striking the item relating to 
        section 70110 and inserting the following:

``70110. Actions and assistance for foreign ports or facilities and 
          United States territories.''.
    SEC. 807. MARITIME BIOMETRIC IDENTIFICATION.
    (a) In General.--Chapter 701 of title 46, United States Code, is 
further amended by adding at the end the following:
``Sec. 70123. Mobile biometric identification
    ``(a) In General.--Within one year after the date of the enactment 
of the Coast Guard Authorization Act of 2010, the Secretary shall 
conduct, in the maritime environment, a program for the mobile 
biometric identification of suspected individuals, including 
terrorists, to enhance border security and for other purposes.
    ``(b) Requirements.--The Secretary shall ensure the program 
required in this section is coordinated with other biometric 
identification programs within the Department of Homeland Security.
    ``(c) Definition.--For the purposes of this section, the term 
`biometric identification' means use of fingerprint and digital 
photography images and facial and iris scan technology and any other 
technology considered applicable by the Department of Homeland 
Security.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following:

``70123. Mobile biometric identification.''.

    (c) Cost Analysis.--Within 90 days after the date of the enactment 
of this Act, the Secretary of the department in which the Coast Guard 
is operating shall submit to the Committees on Homeland Security and 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate an 
analysis of the cost of expanding the Coast Guard's biometric 
identification capabilities for use by the Coast Guard's Deployable 
Operations Group, cutters, stations, and other deployable maritime 
teams considered appropriate by the Secretary, and any other 
appropriate Department of Homeland Security maritime vessels and units. 
The analysis may include a tiered plan for the deployment of this 
program that gives priority to vessels and units more likely to 
encounter individuals suspected of making illegal border crossings 
through the maritime environment.
    (d) Study on Emerging Biometric Capabilities.--
        (1) Study required.--The Secretary of Homeland Security shall 
    submit to the Committees on Homeland Security and Transportation 
    and Infrastructure of the House of Representatives and the 
    Committee on Commerce, Science, and Transportation of the Senate a 
    study on the use by the Coast Guard and other departmental entities 
    of the combination of biometric technologies to rapidly identify 
    individuals for security purposes. Such study shall focus on--
            (A) increased accuracy of facial recognition;
            (B) enhancement of existing iris recognition technology; 
        and
            (C) other emerging biometric technologies capable of 
        assisting in confirming the identification of individuals.
        (2) Purpose of study.--The purpose of the study required by 
    paragraph (1) is to facilitate the use of a combination biometrics, 
    including facial and iris recognition, to provide a higher 
    probability of success in identification than a single approach and 
    to achieve transformational advances in the flexibility, 
    authenticity, and overall capability of integrated biometric 
    detectors. The operational goal of the study should be to provide 
    the capability to nonintrusively collect biometrics in an accurate 
    and expeditious manner to assist the Coast Guard and the Department 
    of Homeland Security in fulfilling its mission to protect and 
    support national security.
    SEC. 808. PILOT PROGRAM FOR FINGERPRINTING OF MARITIME WORKERS.
    (a) In General.--Within 180 days after the date of enactment of 
this Act, the Secretary of Homeland Security shall establish procedures 
providing for an individual who is required to be fingerprinted for 
purposes of obtaining a transportation security card under section 
70105 of title 46, United States Code, the ability to be fingerprinted 
at any of not less than 20 facilities operated by or under contract 
with an agency of the Department of Homeland Security that fingerprints 
the public for the Department. These facilities shall be in addition to 
facilities established under section 70105 of title 46, United States 
Code.
    (b) Expiration.--The requirement made by subsection (a) expires 1 
year after the date the Secretary establishes the facilities required 
under that subsection.
    SEC. 809. TRANSPORTATION SECURITY CARDS ON VESSELS.
    Section 70105(b)(2) of title 46, United States Code, is amended--
        (1) in subparagraph (B), by inserting after ``title'' the 
    following: ``allowed unescorted access to a secure area designated 
    in a vessel security plan approved under section 70103 of this 
    title''; and
        (2) in subparagraph (D), by inserting after ``tank vessel'' the 
    following: ``allowed unescorted access to a secure area designated 
    in a vessel security plan approved under section 70103 of this 
    title''.
    SEC. 810. MARITIME SECURITY ADVISORY COMMITTEES.
     Section 70112 of title 46, United States Code, is amended--
        (1) by amending subsection (b)(5) to read as follows:
    ``(5)(A) The National Maritime Security Advisory Committee shall be 
composed of--
        ``(i) at least 1 individual who represents the interests of the 
    port authorities;
        ``(ii) at least 1 individual who represents the interests of 
    the facilities owners or operators;
        ``(iii) at least 1 individual who represents the interests of 
    the terminal owners or operators;
        ``(iv) at least 1 individual who represents the interests of 
    the vessel owners or operators;
        ``(v) at least 1 individual who represents the interests of the 
    maritime labor organizations;
        ``(vi) at least 1 individual who represents the interests of 
    the academic community;
        ``(vii) at least 1 individual who represents the interests of 
    State or local governments; and
        ``(viii) at least 1 individual who represents the interests of 
    the maritime industry.
    ``(B) Each Area Maritime Security Advisory Committee shall be 
composed of individuals who represents the interests of the port 
industry, terminal operators, port labor organizations, and other users 
of the port areas.''; and
        (2) in subsection (g)--
            (A) in paragraph (1)(A), by striking ``2008;'' and 
        inserting ``2020;''; and
            (B) in paragraph (2), by striking ``2006'' and inserting 
        ``2018''.
    SEC. 811. SEAMEN'S SHORESIDE ACCESS.
    Each facility security plan approved under section 70103(c) of 
title 46, United States Code, shall provide a system for seamen 
assigned to a vessel at that facility, pilots, and representatives of 
seamen's welfare and labor organizations to board and depart the vessel 
through the facility in a timely manner at no cost to the individual.
    SEC. 812. WATERSIDE SECURITY OF ESPECIALLY HAZARDOUS CARGO.
    (a) National Study.--
        (1) In general.--The Secretary of the department in which the 
    Coast Guard is operating shall--
            (A) initiate a national study to identify measures to 
        improve the security of maritime transportation of especially 
        hazardous cargo; and
            (B) coordinate with other Federal agencies, the National 
        Maritime Security Advisory Committee, and appropriate State and 
        local government officials through the Area Maritime Security 
        Committees and other existing coordinating committees, to 
        evaluate the waterside security of vessels carrying, and 
        waterfront facilities handling, especially hazardous cargo.
        (2) Matters to be included.--The study conducted under this 
    subsection shall include--
            (A) an analysis of existing risk assessment information 
        relating to waterside security generated by the Coast Guard and 
        Area Maritime Security Committees as part of the Maritime 
        Security Risk Analysis Model;
            (B) a review and analysis of appropriate roles and 
        responsibilities of maritime stakeholders, including Federal, 
        State, and local law enforcement and industry security 
        personnel, responsible for waterside security of vessels 
        carrying, and waterfront facilities handling, especially 
        hazardous cargo, including--
                (i) the number of ports in which State and local law 
            enforcement entities are providing any services to enforce 
            Coast Guard-imposed security zones around vessels 
            transiting to, through, or from United States ports or to 
            conduct security patrols in United States ports;
                (ii) the number of formal agreements entered into 
            between the Coast Guard and State and local law enforcement 
            entities to engage State and local law enforcement entities 
            in the enforcement of Coast Guard-imposed security zones 
            around vessels transiting to, through, or from United 
            States ports or the conduct of port security patrols in 
            United States ports, the duration of those agreements, and 
            the aid that State and local entities are engaged to 
            provide through such agreements;
                (iii) the extent to which the Coast Guard has set 
            national standards for training, equipment, and resources 
            to ensure that State and local law enforcement entities 
            engaged in enforcing Coast Guard-imposed security zones 
            around vessels transiting to, through, or from United 
            States ports or in conducting port security patrols in 
            United States ports (or both) can deter to the maximum 
            extent practicable a transportation security incident;
                (iv) the extent to which the Coast Guard has assessed 
            the ability of State and local law enforcement entities to 
            carry out the security assignments that they have been 
            engaged to perform, including their ability to meet any 
            national standards for training, equipment, and resources 
            that have been established by the Coast Guard in order to 
            ensure that those entities can deter to the maximum extent 
            practicable a transportation security incident;
                (v) the extent to which State and local law enforcement 
            entities are able to meet national standards for training, 
            equipment, and resources established by the Coast Guard to 
            ensure that those entities can deter to the maximum extent 
            practicable a transportation security incident;
                (vi) the differences in law enforcement authority, and 
            particularly boarding authority, between the Coast Guard 
            and State and local law enforcement entities, and the 
            impact that these differences have on the ability of State 
            and local law enforcement entities to provide the same 
            level of security that the Coast Guard provides during the 
            enforcement of Coast Guard-imposed security zones and the 
            conduct of security patrols in United States ports; and
                (vii) the extent of resource, training, and equipment 
            differences between State and local law enforcement 
            entities and the Coast Guard units engaged in enforcing 
            Coast Guard-imposed security zones around vessels 
            transiting to, through, or from United States ports or 
            conducting security patrols in United States ports;
            (C) recommendations for risk-based security measures to 
        improve waterside security of vessels carrying, and waterfront 
        facilities handling, especially hazardous cargo; and
            (D) identification of security funding alternatives, 
        including an analysis of the potential for cost-sharing by the 
        public and private sectors as well as any challenges associated 
        with such cost-sharing.
        (3) Information protection.--In carrying out the coordination 
    necessary to effectively complete the study, the Commandant shall 
    implement measures to ensure the protection of any sensitive 
    security information, proprietary information, or classified 
    information collected, reviewed, or shared during collaborative 
    engagement with maritime stakeholders and other Government 
    entities, except that nothing in this paragraph shall constitute 
    authority to withhold information from--
            (A) the Congress; or
            (B) first responders requiring such information for the 
        protection of life or property.
        (4) Report.--Not later than 12 months after the date of 
    enactment of this Act, the Secretary of the Department in which the 
    Coast Guard is operating shall submit to the Committees on Homeland 
    Security and Transportation and Infrastructure of the House of 
    Representatives and the Committee on Commerce, Science, and 
    Transportation of the Senate a report on the results of the study 
    under this subsection.
    (b) National Strategy.--Not later than 6 months after submission of 
the report required by subsection (a), the Secretary of the department 
in which the Coast Guard is operating shall develop, in conjunction 
with appropriate Federal agencies, a national strategy for the 
waterside security of vessels carrying, and waterfront facilities 
handling, especially hazardous cargo. The strategy shall utilize the 
results of the study required by subsection (a).
    (c) Security of Especially Hazardous Cargo.--Section 70103 of title 
46, United States Code, is amended by adding at the end the following:
    ``(e) Especially Hazardous Cargo.--
        ``(1) Enforcement of security zones.--Consistent with other 
    provisions of Federal law, the Coast Guard shall coordinate and be 
    responsible for the enforcement of any Federal security zone 
    established by the Coast Guard around a vessel containing 
    especially hazardous cargo. The Coast Guard shall allocate 
    available resources so as to deter and respond to a transportation 
    security incident, to the maximum extent practicable, and to 
    protect lives or protect property in danger.
        ``(2) Resource deficiency reporting.--
            ``(A) In general.--When the Secretary submits the annual 
        budget request for a fiscal year for the department in which 
        the Coast Guard is operating to the Office of Management and 
        Budget, the Secretary shall provide to the Committees on 
        Homeland Security and Transportation and Infrastructure of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate a report that 
        includes--
                ``(i) for the last full fiscal year preceding the 
            report, a statement of the number of security zones 
            established for especially hazardous cargo shipments;
                ``(ii) for the last full fiscal year preceding the 
            report, a statement of the number of especially hazardous 
            cargo shipments provided a waterborne security escort, 
            subdivided by Federal, State, local, or private security; 
            and
                ``(iii) an assessment as to any additional vessels, 
            personnel, infrastructure, and other resources necessary to 
            provide waterborne escorts to those especially hazardous 
            cargo shipments for which a security zone is established.
            ``(B) Especially hazardous cargo defined.--In this 
        subsection, the term `especially hazardous cargo' means 
        anhydrous ammonia, ammonium nitrate, chlorine, liquefied 
        natural gas, liquiefied petroleum gas, and any other substance, 
        material, or group or class of material, in a particular amount 
        and form that the Secretary determines by regulation poses a 
        significant risk of creating a transportation security incident 
        while being transported in maritime commerce.''.
    (d) Definitions.--For the purposes of this section, the follow 
definitions apply:
        (1) Especially hazardous cargo.--The term ``especially 
    hazardous cargo'' means anhydrous ammonia, ammonium nitrate, 
    chlorine, liquefied natural gas, liquiefied petroleum gas, and any 
    other substance, material, or group or class of material, in a 
    particular amount and form that the Secretary determines by 
    regulation poses a significant risk of creating a transportation 
    security incident while being transported in maritime commerce.
        (2) Area maritime security committee.--The term ``Area Maritime 
    Security Committee'' means each of those committees responsible for 
    producing Area Maritime Transportation Security Plans under chapter 
    701 of title 46, United States Code.
        (3) Transportation security incident.--The term 
    ``transportation security incident'' has the same meaning as that 
    term has in section 70101 of title 46, United States Code.
    SEC. 813. REVIEW OF LIQUEFIED NATURAL GAS FACILITIES.
    Consistent with other provisions of law, the Secretary of the 
department in which the Coast Guard is operating shall make a 
recommendation, after considering recommendations made by the States, 
to the Federal Energy Regulatory Commission as to whether the waterway 
to a proposed waterside liquefied natural gas facility is suitable or 
unsuitable for the marine traffic associated with such facility.
    SEC. 814. USE OF SECONDARY AUTHENTICATION FOR TRANSPORTATION 
      SECURITY CARDS.
    Section 70105 of title 46, United States Code, is amended by adding 
at the end the following new subsection:
    ``(n) The Secretary may use a secondary authentication system to 
verify the identification of individuals using transportation security 
cards when the individual's fingerprints are not able to be taken or 
read.''.
    SEC. 815. ASSESSMENT OF TRANSPORTATION SECURITY CARD ENROLLMENT 
      SITES.
    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of the department in which the 
Coast Guard is operating shall prepare an assessment of the enrollment 
sites for transportation security cards issued under section 70105 of 
title 46, United States Code, including--
        (1) the feasibility of keeping those enrollment sites open 
    after the date of enactment of this Act; and
        (2) the quality of customer service, including the periods of 
    time individuals are kept on hold on the telephone, whether 
    appointments are kept, and processing times for applications.
    (b) Timelines and Benchmarks.--The Secretary shall develop 
timelines and benchmarks for implementing the findings of the 
assessment as the Secretary deems necessary.
    SEC. 816. ASSESSMENT OF THE FEASIBILITY OF EFFORTS TO MITIGATE THE 
      THREAT OF SMALL BOAT ATTACK IN MAJOR PORTS.
    The Secretary of the department in which the Coast Guard is 
operating shall assess and report to Congress on the feasibility of 
efforts to mitigate the threat of small boat attack in security zones 
of major ports, including specifically the use of transponders, radio 
frequency identification devices, and high-frequency surface radar 
systems to track small boats.
    SEC. 817. REPORT AND RECOMMENDATION FOR UNIFORM SECURITY BACKGROUND 
      CHECKS.
    Not later than 1 year after the date of enactment of this Act, the 
Comptroller General shall submit to the Committee on Homeland Security 
of the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate a report that contains--
        (1) a review of background checks and forms of identification 
    required under State and local transportation security programs;
        (2) a determination as to whether the background checks and 
    forms of identification required under such programs duplicate or 
    conflict with Federal programs; and
        (3) recommendations on limiting the number of background checks 
    and forms of identification required under such programs to reduce 
    or eliminate duplication with Federal programs.
    SEC. 818. TRANSPORTATION SECURITY CARDS: ACCESS PENDING ISSUANCE; 
      DEADLINES FOR PROCESSING; RECEIPT.
    (a) Access; Deadlines.--Section 70105 of title 46, United States 
Code, is further amended by adding at the end the following new 
subsections:
    ``(o) Escorting.--The Secretary shall coordinate with owners and 
operators subject to this section to allow any individual who has a 
pending application for a transportation security card under this 
section or is waiting for reissuance of such card, including any 
individual whose card has been lost or stolen, and who needs to perform 
work in a secure or restricted area to have access to such area for 
that purpose through escorting of such individual in accordance with 
subsection (a)(1)(B) by another individual who holds a transportation 
security card. Nothing in this subsection shall be construed as 
requiring or compelling an owner or operator to provide escorted 
access.
    ``(p) Processing Time.--The Secretary shall review an initial 
transportation security card application and respond to the applicant, 
as appropriate, including the mailing of an Initial Determination of 
Threat Assessment letter, within 30 days after receipt of the initial 
application. The Secretary shall, to the greatest extent practicable, 
review appeal and waiver requests submitted by a transportation 
security card applicant, and send a written decision or request for 
additional information required for the appeal or waiver determination, 
within 30 days after receipt of the applicant's appeal or waiver 
written request. For an applicant that is required to submit additional 
information for an appeal or waiver determination, the Secretary shall 
send a written decision, to the greatest extent practicable, within 30 
days after receipt of all requested information.''.
    (b) Receipt of Cards.--
        (1) Report by comptroller general.--Within 180 days after the 
    date of enactment of this Act, the Comptroller General of the 
    United States shall submit to the Committee on Homeland Security of 
    the House of Representatives and the Committee on Commerce, 
    Science, and Transportation of the Senate a report assessing the 
    costs, technical feasibility, and security measures associated with 
    implementing procedures to deliver a transportation security card 
    to an approved applicant's place of residence in a secure manner or 
    to allow an approved applicant to receive the card at an enrollment 
    center of the individual's choosing.
        (2) Process for alternative means of receipt.--If the 
    Comptroller General finds in the final report under paragraph (1) 
    that it is feasible for a transportation security card to be sent 
    to an approved applicant's place of residence in a secure manner, 
    the Secretary shall, within 1 year after the date of issuance of 
    the final report by the Comptroller General, implement a secure 
    process to permit an individual approved for a transportation 
    security card to receive the card at the applicant's place of 
    residence or at the enrollment center of the individual's choosing. 
    The individual shall be responsible for any additional cost 
    associated with the secure delivery of a transportation security 
    card.
    SEC. 819. HARMONIZING SECURITY CARD EXPIRATIONS.
    Section 70105(b) of title 46, United States Code, is amended by 
adding at the end the following new paragraph:
    ``(6) The Secretary may extend for up to one year the expiration of 
a biometric transportation security card required by this section to 
align the expiration with the expiration of a license, certificate of 
registry, or merchant mariner document required under chapter 71 or 
73.''.
    SEC. 820. CLARIFICATION OF RULEMAKING AUTHORITY.
    (a) In General.--Chapter 701 of title 46, United States Code, is 
further amended by adding at the end the following:
``SEC. 70124. REGULATIONS.
    ``Unless otherwise provided, the Secretary may issue regulations 
necessary to implement this chapter.''.
    (b) Clerical Amendment.--The table of contents for chapter 701 of 
such title is further amended by adding at the end the following new 
item:

``70124. Regulations.''.
    SEC. 821. PORT SECURITY TRAINING AND CERTIFICATION.
    (a) Port Security Training Program.--Chapter 701 of title 46, 
United States Code, is further amended by adding at the end the 
following:
``Sec. 70125. Port security training for facility security officers
    ``(a) Facility Security Officers.--The Secretary shall establish 
comprehensive facility security officer training requirements designed 
to provide full security training that would lead to certification of 
such officers. In establishing the requirements, the Secretary shall--
        ``(1) work with affected industry stakeholders; and
        ``(2) evaluate--
            ``(A) the requirements of subsection (b);
            ``(B) existing security training programs employed at 
        marine terminal facilities; and
            ``(C) existing port security training programs developed by 
        the Federal Government.
    ``(b) Requirements.--The training program shall provide validated 
training that--
        ``(1) provides training at the awareness, performance, 
    management, and planning levels;
        ``(2) utilizes multiple training mediums and methods;
        ``(3) establishes a validated provisional on-line certification 
    methodology;
        ``(4) provide for continuing education and training for 
    facility security officers beyond certification requirements, 
    including a program to educate on the dangers and issues associated 
    with the shipment of hazardous and especially hazardous cargo;
        ``(5) addresses port security topics, including--
            ``(A) facility security plans and procedures, including how 
        to develop security plans and security procedure requirements 
        when threat levels are elevated;
            ``(B) facility security force operations and management;
            ``(C) physical security and access control at facilities;
            ``(D) methods of security for preventing and countering 
        cargo theft;
            ``(E) container security;
            ``(F) recognition and detection of weapons, dangerous 
        substances, and devices;
            ``(G) operation and maintenance of security equipment and 
        systems;
            ``(H) security threats and patterns;
            ``(I) security incident procedures, including procedures 
        for communicating with governmental and nongovernmental 
        emergency response providers; and
            ``(J) evacuation procedures;
        ``(6) is consistent with, and supports implementation of, the 
    National Incident Management System, the National Response Plan, 
    the National Infrastructure Protection Plan, the National 
    Preparedness Guidance, the National Preparedness Goal, the National 
    Maritime Transportation Security Plan, and other such national 
    initiatives;
        ``(7) is evaluated against clear and consistent performance 
    measures;
        ``(8) addresses security requirements under facility security 
    plans;
        ``(9) addresses requirements under the International Code for 
    the Security of Ships and Port Facilities to address shore leave 
    for mariners and access to visitors, representatives of seafarers' 
    welfare organizations, and labor organizations; and
        ``(10) such other subject matters as may be prescribed by the 
    Secretary.
    ``(c) Continuing Security Training.--The Secretary, in coordination 
with the Secretary of Transportation, shall work with State and local 
law enforcement agencies and industry stakeholders to develop and 
certify the following additional security training requirements for 
Federal, State, and local officials with security responsibilities at 
United States seaports:
        ``(1) A program to familiarize them with port and shipping 
    operations, requirements of the Maritime Transportation Security 
    Act of 2002 (Public Law 107-295), and other port and cargo security 
    programs that educates and trains them with respect to their roles 
    and responsibilities.
        ``(2) A program to familiarize them with dangers and potential 
    issues with respect to shipments of hazardous and especially 
    hazardous cargoes.
        ``(3) A program of continuing education as deemed necessary by 
    the Secretary.
    ``(d) Training Partners.--In developing curriculum and delivering 
training established pursuant to subsections (a) and (c), the 
Secretary, in coordination with the Maritime Administrator of the 
Department of Transportation and consistent with section 109 of the 
Maritime Transportation Security Act of 2002 [46 U.S.C. 70101 note], 
shall work with institutions with maritime expertise and with industry 
stakeholders with security expertise to develop appropriate training 
capacity to ensure that training can be provided in a geographically 
balanced manner to personnel seeking certification under subsection (a) 
or education and training under subsection (c).
    ``(e) Established Grant Program.--The Secretary shall issue 
regulations or grant solicitations for grants for homeland security or 
port security to ensure that activities surrounding the development of 
curriculum and the provision of training and these activities are 
eligible grant activities under both grant programs.''.
    (b) Conforming Amendment.--Section 113 of the SAFE Port Act (6 
U.S.C. 911) is repealed.
    (c) Table of Contents Amendment.--The table of contents for chapter 
701 of title 46, United States Code, is further amended by adding at 
the end the following:

``70125. Port security training for facility security officers.''.
    SEC. 822. INTEGRATION OF SECURITY PLANS AND SYSTEMS WITH LOCAL PORT 
      AUTHORITIES, STATE HARBOR DIVISIONS, AND LAW ENFORCEMENT 
      AGENCIES.
    Section 70102 of title 46, United States Code, is amended by adding 
at the end thereof the following:
    ``(c) Sharing of Assessment Integration of Plans and Equipment.--
The owner or operator of a facility, consistent with any Federal 
security restrictions, shall--
        ``(1) make a current copy of the vulnerability assessment 
    conducted under subsection (b) available to the port authority with 
    jurisdiction of the facility and appropriate State or local law 
    enforcement agencies; and
        ``(2) integrate, to the maximum extent practical, any security 
    system for the facility with compatible systems operated or 
    maintained by the appropriate State, law enforcement agencies, and 
    the Coast Guard.''.
    SEC. 823. TRANSPORTATION SECURITY CARDS.
    Section 70105 of title 46, United States Code, is further amended 
by adding at the end thereof the following:
    ``(q) Receipt and Activation of Transportation Security Card.--
        ``(1) In general.--Not later than one year after the date of 
    publication of final regulations required by subsection (k)(3) of 
    this section the Secretary shall develop a plan to permit the 
    receipt and activation of transportation security cards at any 
    vessel or facility described in subsection (a) of this section that 
    desires to implement this capability. This plan shall comply, to 
    the extent possible, with all appropriate requirements of Federal 
    standards for personal identity verification and credential.
        ``(2) Limitation.--The Secretary may not require any such 
    vessel or facility to provide on-site activation capability.''.
    SEC. 824. PRE-POSITIONING INTEROPERABLE COMMUNICATIONS EQUIPMENT AT 
      INTERAGENCY OPERATIONAL CENTERS.
    Section 70107A of title 46, United States Code, is amended--
        (1) by redesignating subsections (e) and (f) as subsections (f) 
    and (g), respectively; and
        (2) by inserting after subsection (d) the following:
    ``(e) Deployment of Interoperable Communications Equipment at 
Interagency Operational Centers.--The Secretary, subject to the 
availability of appropriations, shall ensure that interoperable 
communications technology is deployed at all interagency operational 
centers established under subsection (a) and that such technology and 
equipment has been tested in live operational environments before 
deployment.''.
    SEC. 825. INTERNATIONAL PORT AND FACILITY INSPECTION COORDINATION.
    (a) Coordination.--The Secretary of the department in which the 
Coast Guard is operating shall, to the extent practicable, conduct the 
assessments required by the following provisions of law concurrently, 
or develop a process by which they are integrated and conducted by the 
Coast Guard:
        (1) Section 205 of the SAFE Port Act (6 U.S.C. 945).
        (2) Section 213 of that Act (6 U.S.C. 964).
        (3) Section 70108 of title 46, United States Code.
    (b) Limitation.--Nothing in subsection (a) shall be construed to 
affect or diminish the Secretary's authority or discretion--
        (1) to conduct an assessment of a foreign port at any time;
        (2) to compel the Secretary to conduct an assessment of a 
    foreign port so as to ensure that 2 or more assessments are 
    conducted concurrently; or
        (3) to cancel an assessment of a foreign port if the Secretary 
    is unable to conduct 2 or more assessments concurrently.
    (c) Multiple Assessment Report.--The Secretary shall provide 
written notice to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committees on Transportation and 
Infrastructure and Homeland Security of the House of Representatives 
whenever the Secretary conducts 2 or more assessments of the same port 
within a 3-year period.
    SEC. 826. AREA TRANSPORTATION SECURITY INCIDENT MITIGATION PLAN.
    Section 70103(b)(2) of title 46, United States Code, is amended--
        (1) by redesignating subparagraphs (E) through (G) as 
    subparagraphs (F) through (H), respectively; and
        (2) by inserting after subparagraph (D) the following:
        ``(E) establish area response and recovery protocols to prepare 
    for, respond to, mitigate against, and recover from a 
    transportation security incident consistent with section 202 of the 
    SAFE Port Act of 2006 (6 U.S.C. 942) and subsection (a) of this 
    section;''.
    SEC. 827. RISK BASED RESOURCE ALLOCATION.
    (a) National Standard.--Within 1 year after the date of enactment 
of this Act, in carrying out chapter 701 of title 46, United States 
Code, the Secretary of the department in which the Coast Guard is 
operating shall develop and utilize a national standard and formula for 
prioritizing and addressing assessed security risks at United State 
ports and facilities on or adjacent to the waterways of the United 
States, such as the Maritime Security Risk Assessment Model that has 
been tested by the Department of Homeland Security.
    (b) Use by Maritime Security Committees.--Within 2 years after the 
date of enactment of this Act, the Secretary shall require each Area 
Maritime Security Committee to use this standard to regularly evaluate 
each port's assessed risk and prioritize how to mitigate the most 
significant risks.
    (c) Other Uses of Standard.--The Secretary shall utilize the 
standard when considering departmental resource allocations and grant 
making decisions.
    (d) Use of Maritime Risk Assessment Model.--Within 180 days after 
the date of enactment of this Act, the Secretary of the department in 
which the Coast Guard is operating shall make the United States Coast 
Guard's Maritime Security Risk Assessment Model available, in an 
unclassified version, on a limited basis to regulated vessels and 
facilities to conduct true risk assessments of their own facilities and 
vessels using the same criteria employed by the Coast Guard when 
evaluating a port area, facility, or vessel.
    SEC. 828. PORT SECURITY ZONES.
    (a) In General.--Section 701 of title 46, United States Code, is 
amended by adding at the end the following:

                  ``SUBCHAPTER II--PORT SECURITY ZONES

``Sec. 70131. Definitions
    ``In this subchapter:
        ``(1) Law enforcement agency.--The term `law enforcement 
    agency' means an agency of a State, a political subdivision of a 
    State, or a Federally recognized tribe that is authorized by law to 
    supervise the prevention, detection, investigation, or prosecution 
    of any violation of criminal law.
        ``(2) Security zone.--The term `security zone' means a security 
    zone, established by the Commandant of the Coast Guard or the 
    Commandant's designee pursuant to section 1 of title II of the Act 
    of June 15, 1917 (50 U.S.C. 191) or section 7(b) of the Ports and 
    Waterways Safety Act (33 U.S.C. 1226(b)), for a vessel carrying 
    especially hazardous cargo when such vessel--
            ``(A) enters, or operates within, the internal waters of 
        the United States and the territorial sea of the United States; 
        or
            ``(B) transfers such cargo or residue in any port or place, 
        under the jurisdiction of the United States, within the 
        territorial sea of the United States or the internal waters of 
        the United States.
``Sec. 70132. Credentialing standards, training, and certification for 
     State and local support for the enforcement of security zones for 
     the transportation of especially hazardous cargo
    ``(a) Standard.--The Commandant of the Coast Guard shall establish, 
by regulation, national standards for training and credentialing of law 
enforcement personnel--
        ``(1) to enforce a security zone; or
        ``(2) to assist in the enforcement of a security zone.
    ``(b) Training.--
        ``(1) The Commandant of the Coast Guard--
            ``(A) shall develop and publish a training curriculum for--
                ``(i) law enforcement personnel to enforce a security 
            zone;
                ``(ii) law enforcement personnel to enforce or assist 
            in the enforcement of a security zone; and
                ``(iii) personnel who are employed or retained by a 
            facility or vessel owner to assist in the enforcement of a 
            security zone; and
            ``(B) may--
                ``(i) test and deliver such training, the curriculum 
            for which is developed pursuant to subparagraph (A);
                ``(ii) enter into an agreement under which a public 
            entity (including a Federal agency) or private entity may 
            test and deliver such training, the curriculum for which 
            has been developed pursuant to subparagraph (A); and
                ``(iii) may accept a program, conducted by a public 
            entity (including a Federal agency) or private entity, 
            through which such training is delivered the curriculum for 
            which is developed pursuant to subparagraph (A).
        ``(2) Any Federal agency that provides such training, and any 
    public or private entity that receives moneys, pursuant to section 
    70107(b)(8) of this title, to provide such training, shall provide 
    such training--
            ``(A) to law enforcement personnel who enforce or assist in 
        the enforcement of a security zone; and
            ``(B) on an availability basis to--
                ``(i) law enforcement personnel who assist in the 
            enforcement of a security zone; and
                ``(ii) personnel who are employed or retained by a 
            facility or vessel owner or operator to assist in the 
            enforcement of a security zone.
        ``(3) If a Federal agency provides the training, the head of 
    such agency may, notwithstanding any other provision of law, accept 
    payment from any source for such training, and any amount received 
    as payment shall be credited to the appropriation, current at the 
    time of collection, charged with the cost thereof and shall be 
    merged with, and available for, the same purposes of such 
    appropriation.
        ``(4) Notwithstanding any other provision of law, any moneys, 
    awarded by the Department of Homeland Security in the form of 
    awards or grants, may be used by the recipient to pay for training 
    of personnel to assist in the enforcement of security zones and 
    limited access areas.
    ``(c) Certification; Training Partners.--In developing and 
delivering training under the training program, the Secretary, in 
coordination with the Maritime Administrator of the Department of 
Transportation, and consistent with section 109 of the Maritime 
Transportation Security Act of 2002 (46 U.S.C. 70101 note), shall--
        ``(1) work with government training facilities, academic 
    institutions, private organizations, employee organizations, and 
    other entities that provide specialized, state-of-the-art training 
    for governmental and nongovernmental emergency responder providers 
    or commercial seaport personnel and management;
        ``(2) utilize, as appropriate, government training facilities, 
    courses provided by community colleges, public safety academies, 
    State and private universities, and other facilities; and
        ``(3) certify organizations that offer the curriculum for 
    training and certification.''.
    (b) Grants; Administration.--Section 70107 of title 46, United 
States Code, is amended--
        (1) by striking ``services.'' in subsection (a) and inserting 
    ``services and to train law enforcement personnel under section 
    70132 of this title.'';
        (2) by adding at the end of subsection (b) the following:
        ``(8) The cost of training law enforcement personnel--
            ``(A) to enforce a security zone under section 70132 of 
        this title; or
            ``(B) assist in the enforcement of a security zone.'';
        (3) by adding at the end of subsection (c)(2) the following:
            ``(C) Training.--There are no matching requirements for 
        grants under subsection (a) to train law enforcement agency 
        personnel in the enforcement of security zones under section 
        70132 of this title or in assisting in the enforcement of such 
        security zones.''; and
        (4) by striking ``2011'' in subsection (l) and inserting 
    ``2013''.
    (c) Conforming Amendments.--
        (1) Subchapter I designation.--Chapter 701 of title 46, United 
    States Code, is amended by inserting before section 70101 the 
    following:

                       ``SUBCHAPTER I--GENERAL''.

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

                       ``Subchapter I--General'';

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

                  ``subchapter ii--port security zones

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

                   TITLE IX--MISCELLANEOUS PROVISIONS

    SEC. 901. WAIVERS.
    (a) General Coastwise Waiver.--Notwithstanding section 12112 and 
chapter 551 of title 46, United States Code, the Secretary of the 
department in which the Coast Guard is operating may issue a 
certificate of documentation with a coastwise endorsement for the 
following vessels:
        (1) ZIPPER (State of New York regulation number NY3205EB).
        (2) GULF DIVER IV (United States official number 553457).
    (b) GALLANT LADY.--Section 1120(c) of the Coast Guard Authorization 
Act of 1996 (110 Stat. 3977) is amended--
        (1) in paragraph (1)--
            (A) by striking ``of Transportation'' and inserting ``of 
        the department in which the Coast Guard is operating''; and
            (B) by striking subparagraph (A) and inserting the 
        following:
            ``(A) the vessel GALLANT LADY (Feadship hull number 672, 
        approximately 168 feet in length).'';
        (2) by amending paragraph (3) to read as follows:
        ``(3) Condition.--The only nonrecreational activity authorized 
    for the vessel referred to in subparagraph (A) of paragraph (1) is 
    the transportation of individuals on behalf of an organization 
    described in section 501(c)(3) of the Internal Revenue Code of 1986 
    and exempt from tax under section 501(a) of such Code, for which 
    the owner of the vessel receives no compensation.'';
        (3) by striking paragraph (4) and redesignating paragraph (5) 
    as paragraph (4); and
        (4) in paragraph (4) (as so redesignated) by striking all after 
    ``shall expire'' and inserting ``on the date of the sale of the 
    vessel by the owner.''.
    (c) Activity of Certain Vessels.--
        (1) In general.--Section 12102 of title 46, United States Code, 
    is amended by adding at the end the following:
    ``(d) Aquaculture Waiver.--
        ``(1) Permitting of nonqualified vessels to perform certain 
    aquaculture support operations.--Notwithstanding section 12113 and 
    any other law, the Secretary of Transportation may issue a waiver 
    allowing a documented vessel with a registry endorsement or a 
    foreign flag vessel to be used in operations that treat aquaculture 
    fish for or protect aquaculture fish from disease, parasitic 
    infestation, or other threats to their health if the Secretary 
    finds, after publishing a notice in the Federal Register, that a 
    suitable vessel of the United States is not available that could 
    perform those services.
        ``(2) Prohibition.--Vessels operating under a waiver issued 
    under this subsection may not engage in any coastwise 
    transportation.''.
        (2) Implementing and interim regulations.--The Secretary of the 
    department in which the Coast Guard is operating shall, in 
    accordance with section 553 of title 5, United States Code, and 
    after public notice and comment, promulgate regulations necessary 
    and appropriate to implement this subsection. The Secretary may 
    grant interim permits pending the issuance of such regulations upon 
    receipt of applications containing the required information.
    SEC. 902. CREW WAGES ON PASSENGER VESSELS.
    (a) Foreign and Intercoastal Voyages.--
        (1) Cap on penalty wages.--Section 10313(g) of title 46, United 
    States Code, is amended--
            (A) by striking ``When'' and inserting ``(1) Subject to 
        paragraph (2), when''; and
            (B) by adding at the end the following:
    ``(2) The total amount required to be paid under paragraph (1) with 
respect to all claims in a class action suit by seamen on a passenger 
vessel capable of carrying more than 500 passengers for wages under 
this section against a vessel master, owner, or operator or the 
employer of the seamen shall not exceed ten times the unpaid wages that 
are the subject of the claims.
    ``(3) A class action suit for wages under this subsection must be 
commenced within three years after the later of--
        ``(A) the date of the end of the last voyage for which the 
    wages are claimed; or
        ``(B) the receipt, by a seaman who is a claimant in the suit, 
    of a payment of wages that are the subject of the suit that is made 
    in the ordinary course of employment.''.
        (2) Deposits.--Section 10315 of such title is amended by adding 
    at the end the following:
    ``(f) Deposits in Seaman Account.--By written request signed by the 
seaman, a seaman employed on a passenger vessel capable of carrying 
more than 500 passengers may authorize the master, owner, or operator 
of the vessel, or the employer of the seaman, to make deposits of wages 
of the seaman into a checking, savings, investment, or retirement 
account, or other account to secure a payroll or debit card for the 
seaman if--
        ``(1) the wages designated by the seaman for such deposit are 
    deposited in a United States or international financial institution 
    designated by the seaman;
        ``(2) such deposits in the financial institution are fully 
    guaranteed under commonly accepted international standards by the 
    government of the country in which the financial institution is 
    licensed;
        ``(3) a written wage statement or pay stub, including an 
    accounting of any direct deposit, is delivered to the seaman no 
    less often than monthly; and
        ``(4) while on board the vessel on which the seaman is 
    employed, the seaman is able to arrange for withdrawal of all funds 
    on deposit in the account in which the wages are deposited.''.
    (b) Coastwise Voyages.--
        (1) Cap on penalty wages.--Section 10504(c) of such title is 
    amended--
            (A) by striking ``When'' and inserting ``(1) Subject to 
        subsection (d), and except as provided in paragraph (2), 
        when''; and
            (B) by inserting at the end the following:
    ``(2) The total amount required to be paid under paragraph (1) with 
respect to all claims in a class action suit by seamen on a passenger 
vessel capable of carrying more than 500 passengers for wages under 
this section against a vessel master, owner, or operator or the 
employer of the seamen shall not exceed ten times the unpaid wages that 
are the subject of the claims.
    ``(3) A class action suit for wages under this subsection must be 
commenced within three years after the later of--
        ``(A) the date of the end of the last voyage for which the 
    wages are claimed; or
        ``(B) the receipt, by a seaman who is a claimant in the suit, 
    of a payment of wages that are the subject of the suit that is made 
    in the ordinary course of employment.''.
        (2) Deposits.--Section 10504 of such title is amended by adding 
    at the end the following:
    ``(f) Deposits in Seaman Account.--On written request signed by the 
seaman, a seaman employed on a passenger vessel capable of carrying 
more than 500 passengers may authorize, the master, owner, or operator 
of the vessel, or the employer of the seaman, to make deposits of wages 
of the seaman into a checking, savings, investment, or retirement 
account, or other account to secure a payroll or debit card for the 
seaman if--
        ``(1) the wages designated by the seaman for such deposit are 
    deposited in a United States or international financial institution 
    designated by the seaman;
        ``(2) such deposits in the financial institution are fully 
    guaranteed under commonly accepted international standards by the 
    government of the country in which the financial institution is 
    licensed;
        ``(3) a written wage statement or pay stub, including an 
    accounting of any direct deposit, is delivered to the seaman no 
    less often than monthly; and
        ``(4) while on board the vessel on which the seaman is 
    employed, the seaman is able to arrange for withdrawal of all funds 
    on deposit in the account in which the wages are deposited.''.
    SEC. 903. TECHNICAL CORRECTIONS.
    (a) Coast Guard and Maritime Transportation Act of 2006.--Effective 
with enactment of the Coast Guard and Maritime Transportation Act of 
2006 (Public Law 109-241), such Act is amended--
        (1) in section 311(b) (120 Stat. 530) by inserting ``paragraphs 
    (1) and (2) of'' before ``section 8104(o)'';
        (2) in section 603(a)(2) (120 Stat. 554) by striking ``33 
    U.S.C. 2794(a)(2)'' and inserting ``33 U.S.C. 2704(a)(2)'';
        (3) in section 901(r)(2) (120 Stat. 566) by striking ``the'' 
    the second place it appears;
        (4) in section 902(c) (120 Stat. 566) by inserting ``of the 
    United States'' after ``Revised Statutes'';
        (5) in section 902(e) (120 Stat. 567) is amended--
            (A) by inserting ``and'' after the semicolon at the end of 
        paragraph (1);
            (B) by striking ``and'' at the end of paragraph (2)(A); and
            (C) by redesignating paragraphs (3) and (4) as 
        subparagraphs (C) and (D) of paragraph (2), respectively, and 
        aligning the left margin of such subparagraphs with the left 
        margin of subparagraph (A) of paragraph (2);
        (6) in section 902(e)(2)(C) (as so redesignated) by striking 
    ``this section'' and inserting ``this paragraph'';
        (7) in section 902(e)(2)(D) (as so redesignated) by striking 
    ``this section'' and inserting ``this paragraph'';
        (8) in section 902(h)(1) (120 Stat. 567)--
            (A) by striking ``Bisti/De-Na-Zin'' and all that follows 
        through ``Protection'' and inserting ``Omnibus Parks and Public 
        Lands Management''; and
            (B) by inserting a period after ``Commandant of the Coast 
        Guard''; and
        (9) in section 902(k) (120 Stat. 568) is amended--
            (A) by inserting ``the Act of March 23, 1906, commonly 
        known as'' before ``the General Bridge'';
            (B) by striking ``491)'' and inserting ``494),''; and
            (C) by inserting ``each place it appears'' before ``and 
        inserting''.
    (b) Title 14.--
        (1) The analysis for chapter 7 of title 14, United States Code, 
    is amended by adding a period at the end of the item relating to 
    section 149.
        (2) The analysis for chapter 17 of title 14, United States 
    Code, is amended by adding a period at the end of the item relating 
    to section 677.
        (3) The analysis for chapter 9 of title 14, United States Code, 
    is amended by adding a period at the end of the item relating to 
    section 198.
        (4) Section 182 of title 14, United States Code, is amended by 
    striking the third sentence.
    (c) Title 46.--
        (1) The analysis for chapter 81 of title 46, United States 
    Code, is amended by adding a period at the end of the item relating 
    to section 8106.
        (2) Section 70105(c)(3)(C) of such title is amended by striking 
    ``National Intelligence Director'' and inserting ``Director of 
    National Intelligence''.
    (d) Deepwater Port Act of 1974.--Section 5(c)(2) of the Deepwater 
Port Act of 1974 (33 U.S.C. 1504(c)(2)) is amended by aligning the left 
margin of subparagraph (K) with the left margin of subparagraph (L).
    (e) Oil Pollution Act of 1990.--
        (1) Section 1004(a)(2) of the Oil Pollution Act of 1990 (33 
    U.S.C. 2704(a)(2)) is amended by striking the first comma following 
    ``$800,000''.
        (2) The table of sections in section 2 of such Act is amended 
    by inserting a period at the end of the item relating to section 
    7002.
    (f) Coast Guard Authorization Act of 1996.--The table of sections 
in section 2 of the Coast Guard Authorization Act of 1996 is amended in 
the item relating to section 103 by striking ``reports'' and inserting 
``report''.
    SEC. 904. MANNING REQUIREMENT.
    Section 421 of the Coast Guard and Maritime Transportation Act of 
2006 (Public Law 109-241; 120 Stat. 547) is amended--
        (1) in subsection (a), by striking ``in the 48-month period 
    beginning on the date of enactment of this Act if,'' and inserting 
    ``until the date of expiration of this section if,'';
        (2) in subsection (b), by striking ``Subsection (a)(1)'' and 
    inserting ``Subsection (a)'';
        (3) in subsection (d), by striking ``48 months after the date 
    of enactment of this Act.'' and inserting ``on December 31, 
    2012.''; and
        (4) by redesignating subsection (e) as subsection (f) and 
    inserting after subsection (d) the following:
    ``(e) Safety Inspections.--A vessel may not engage a foreign 
citizen to meet a manning requirement under this section unless it has 
an annual safety examination by an individual authorized to enforce 
part B of subtitle II of title 46, United States Code.''.
    SEC. 905. STUDY OF BRIDGES OVER NAVIGABLE WATERS.
    The Commandant of the Coast Guard shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives a 
comprehensive study on the proposed construction or alteration of any 
bridge, drawbridge, or causeway over navigable waters with a channel 
depth of 25 feet or greater of the United States that may impede or 
obstruct future navigation to or from port facilities.
    SEC. 906. LIMITATION ON JURISDICTION OF STATES TO TAX CERTAIN 
      SEAMEN.
    Section 11108(b)(2)(B) of title 46, United States Code, is amended 
to read as follows:
            ``(B) who performs regularly assigned duties while engaged 
        as a master, officer, or crewman on a vessel operating on 
        navigable waters in 2 or more States.''.
    SEC. 907. LAND CONVEYANCE, COAST GUARD PROPERTY IN MARQUETTE 
      COUNTY, MICHIGAN, TO THE CITY OF MARQUETTE, MICHIGAN.
    (a) Conveyance Authorized.--
        (1) In general.--The Commandant of the Coast Guard may convey 
    as surplus property, under section 550 of title 40, United States 
    Code, and other relevant Federal Laws governing the disposal of 
    Federal surplus property, to the City of Marquette, Michigan (in 
    this section referred to as the ``City''), all right, title, and 
    interest of the United States in and to a parcel of real property, 
    together with any improvements thereon, located in Marquette 
    County, Michigan, that is under the administrative control of the 
    Coast Guard, consisting of approximately 5.5 acres of real 
    property, as depicted on the Van Neste survey (#204072), dated 
    September 7, 2006, together with the land between the intermediate 
    traverse line as shown on such survey and the ordinary high water 
    mark, the total comprising 9 acres, more or less, and commonly 
    identified as Coast Guard Station Marquette and Lighthouse Point.
        (2) Costs of conveyance.--The responsibility for all reasonable 
    and necessary costs, including real estate transaction and 
    environmental documentation costs, associated with the transaction 
    shall be determined by the Commandant of the Coast Guard and the 
    City.
    (b) Retention of Certain Easements.--In conveying the property 
under subsection (a), the Commandant of the Coast Guard may retain such 
easements over the property as the Commandant considers appropriate for 
access to aids to navigation.
    (c) Limitations.--The property to be conveyed under subsection (a) 
may not be conveyed under that subsection until--
        (1) the Coast Guard has relocated Coast Guard Station Marquette 
    to a newly constructed station;
        (2) any environmental remediation required under Federal law 
    with respect to the property has been completed; and
        (3) the Commandant of the Coast Guard determines that retention 
    of the property by the United States is not required to carry out 
    Coast Guard missions or functions.
    (d) Conditions of Transfer.--All conditions placed within the deed 
of title of the property to be conveyed under subsection (a) shall be 
construed as covenants running with the land.
    (e) Description of Property.--The exact acreage and legal 
description of the property to be conveyed under subsection (a) shall 
be determined by a survey satisfactory to the Commandant of the Coast 
Guard.
    (f) Additional Terms and Conditions.--The Commandant of the Coast 
Guard may require such additional terms and conditions in connection 
with the conveyance authorized by subsection (a) as the Commandant 
considers appropriate to protect the interests of the United States.
    SEC. 908. MISSION REQUIREMENT ANALYSIS FOR NAVIGABLE PORTIONS OF 
      THE RIO GRANDE RIVER, TEXAS, INTERNATIONAL WATER BOUNDARY.
    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of the department in which the Coast Guard is operating 
shall prepare a mission requirement analysis for the navigable portions 
of the Rio Grande River, Texas, international water boundary. The 
analysis shall take into account the Coast Guard's involvement on the 
Rio Grande River by assessing Coast Guard missions, assets, and 
personnel assigned along the Rio Grande River. The analysis shall also 
identify what would be needed for the Coast Guard to increase search 
and rescue operations, migrant interdiction operations, and drug 
interdiction operations. In carrying out this section, the Secretary 
shall work with all appropriate entities to facilitate the collection 
of information under this section as necessary and shall report the 
analysis to the Congress.
    SEC. 909. CONVEYANCE OF COAST GUARD PROPERTY IN CHEBOYGAN, 
      MICHIGAN.
    (a) Conveyance Authorized.--Notwithstanding any other provision of 
law, the Commandant of the Coast Guard is authorized to convey, at fair 
market value, all right, title, and interest of the United States in 
and to a parcel of real property, consisting of approximately 3 acres, 
more or less, that is under the administrative control of the Coast 
Guard and located at 900 S. Western Avenue in Cheboygan, Michigan.
    (b) Right of First Refusal.--The Cornerstone Christian Academy, 
located in Cheboygan, MI, shall have the right of first refusal to 
purchase, at fair market value, all or a portion of the real property 
described in subsection (a).
    (c) Description of Property.--The exact acreage and legal 
description of the property to be conveyed under subsection (a) shall 
be determined by a survey satisfactory to the Commandant of the Coast 
Guard.
    (d) Fair Market Value.--The fair market value of the property shall 
be--
        (1) determined by appraisal, in accordance with the Uniform 
    Appraisal Standards for Federal Land Acquisitions and the Uniform 
    Standards of Professional Appraisal Practice; and
        (2) subject to the approval of the Commandant.
    (e) Costs of Conveyance.--The responsibility for all reasonable and 
necessary costs, including real estate transaction and environmental 
documentation costs, associated with the transaction shall be 
determined by the Commandant of the Coast Guard and the purchaser.
    (f) Additional Terms and Conditions.--The Commandant of the Coast 
Guard may require such additional terms and conditions in connection 
with the conveyance under subsection (a) as is considered appropriate 
to protect the interests of the United States.
    SEC. 910. ALTERNATIVE LICENSING PROGRAM FOR OPERATORS OF 
      UNINSPECTED PASSENGER VESSELS ON LAKE TEXOMA IN TEXAS AND 
      OKLAHOMA.
    (a) In General.--Upon the request of the Governor of the State of 
Texas or the Governor of the State of Oklahoma, the Secretary of the 
department in which the Coast Guard is operating shall enter into an 
agreement with the Governor of the State whereby the State shall 
license operators of uninspected passenger vessels operating on Lake 
Texoma in Texas and Oklahoma in lieu of the Secretary issuing the 
license pursuant to section 8903 of title 46, United States Code, and 
the regulations issued thereunder, but only if the State plan for 
licensing the operators of uninspected passenger vessels--
        (1) meets the equivalent standards of safety and protection of 
    the environment as those contained in subtitle II of title 46, 
    United States Code, and regulations issued thereunder;
        (2) includes--
            (A) standards for chemical testing for such operators;
            (B) physical standards for such operators;
            (C) professional service and training requirements for such 
        operators; and
            (D) criminal history background check for such operators;
        (3) provides for the suspension and revocation of State 
    licenses;
        (4) makes an individual, who is ineligible for a license issued 
    under title 46, United States Code, ineligible for a State license; 
    and
        (5) provides for a report that includes--
            (A) the number of applications that, for the preceding 
        year, the State rejected due to failure to--
                (i) meet chemical testing standards;
                (ii) meet physical standards;
                (iii) meet professional service and training 
            requirements; and
                (iv) pass criminal history background check for such 
            operators;
            (B) the number of licenses that, for the preceding year, 
        the State issued;
            (C) the number of license investigations that, for the 
        preceding year, the State conducted;
            (D) the number of licenses that, for the preceding year, 
        the State suspended or revoked, and the cause for such 
        suspensions or revocations; and
            (E) the number of injuries, deaths, collisions, and loss or 
        damage associated with uninspected passenger vessels operations 
        that, for the preceding year, the State investigated.
    (b) Administration.--
        (1) The Governor of the State may delegate the execution and 
    enforcement of the State plan, including the authority to license 
    and the duty to report information pursuant to subsection (a), to 
    any subordinate State officer. The Governor shall provide, to the 
    Secretary, written notice of any delegation.
        (2) The Governor (or the Governor's designee) shall provide 
    written notice of any amendment to the State plan no less than 45 
    days prior to the effective date of such amendment.
        (3) At the request of the Secretary, the Governor of the State 
    (or the Governor's designee) shall grant, on a biennial basis, the 
    Secretary access to State records and State personnel for the 
    purpose of auditing State execution and enforcement of the State 
    plan.
    (c) Application.--
        (1) The requirements of section 8903 of title 46, United States 
    Code, and the regulations issued thereunder shall not apply to any 
    person operating under the authority of a State license issued 
    pursuant to an agreement under this section.
        (2) The State shall not compel a person, operating under the 
    authority of a license issued either by another State, pursuant to 
    a valid agreement under this section, or by the Secretary, pursuant 
    to section 8903 of title 46, United States Code, to--
            (A) hold a license issued by the State, pursuant to an 
        agreement under this section; or
            (B) pay any fee, associated with licensing, because the 
        person does not hold a license issued by the State, pursuant to 
        an agreement under this section.
    Nothing in this paragraph shall limit the authority of the State to 
    impose requirements or fees for privileges, other than licensing, 
    that are associated with the operation of uninspected passenger 
    vessels on Lake Texoma.
        (3) For the purpose of enforcement, if an individual is issued 
    a license--
            (A) by a State, pursuant to an agreement entered into under 
        to this section; or
            (B) by the Secretary, pursuant to section 8903 of title 46, 
        United States Code,
    then the individual shall be entitled to lawfully operate an 
    uninspected passenger vessel on Lake Texoma in Texas and Oklahoma 
    without further requirement to hold an additional operator's 
    license.
    (d) Termination.--
        (1) If--
            (A) the Secretary finds that the State plan for the 
        licensing the operators of uninspected passenger vessels--
                (i) does not meet the equivalent standards of safety 
            and protection of the environment as those contained in 
            subtitle II of title 46, United States Code, and 
            regulations issued thereunder;
                (ii) does not include--

                    (I) standards for chemical testing for such 
                operators,
                    (II) physical standards for such operators,
                    (III) professional service and training 
                requirements for such operators, or
                    (IV) background and criminal investigations for 
                such operators;

                (iii) does not provide for the suspension and 
            revocation of State licenses; or
                (iv) does not make an individual, who is ineligible for 
            a license issued under title 46, United States Code, 
            ineligible for a State license; or
            (B) the Governor (or the Governor's designee) fails to 
        report pursuant to subsection (b),
    the Secretary shall terminate the agreement authorized by this 
    section, provided that the Secretary provides written notice to the 
    Governor of the State 60 days in advance of termination. The 
    findings of fact and conclusions of the Secretary, if based on a 
    preponderance of the evidence, shall be conclusive.
        (2) The Governor of the State may terminate the agreement 
    authorized by this section, provided that the Governor provides 
    written notice to the Secretary 60 days in advance of the 
    termination date.
    (e) Existing Authority.--Nothing in this section shall affect or 
diminish the authority or jurisdiction of any Federal or State officer 
to investigate, or require reporting of, marine casualties.
    (f) Definitions.--For the purposes of this section, the term 
``uninspected passenger vessel'' has the same meaning such term has in 
section 2101(42)(B) of title 46, United States Code.
    SEC. 911. STRATEGY REGARDING DRUG TRAFFICKING VESSELS.
    Within 180 days after the date of enactment of this Act, the 
Secretary of the department in which the Coast Guard is operating, 
acting through the Commandant of the Coast Guard, shall submit a report 
to Congress on its comprehensive strategy to combat the illicit flow of 
narcotics, weapons, bulk cash, and other contraband through the use of 
submersible and semi-submersible vessels. The strategy shall be 
developed in coordination with other Federal agencies engaged in 
detection, interdiction, or apprehension of such vessels. At a minimum, 
the report shall include the following:
        (1) An assessment of the threats posed by submersible and semi-
    submersible vessels, including the number of such vessels that have 
    been detected or interdicted.
        (2) Information regarding the Federal personnel, technology and 
    other resources available to detect and interdict such vessels.
        (3) An explanation of the Coast Guard's plan, working with 
    other Federal agencies as appropriate, to detect and interdict such 
    vessels.
        (4) An assessment of additional personnel, technology, or other 
    resources necessary to address such vessels.
    SEC. 912. USE OF FORCE AGAINST PIRACY.
    (a) In General.--Chapter 81 of title 46, United States Code, is 
amended by adding at the end the following new section:
``Sec. 8107. Use of force against piracy
    ``(a) Limitation on Liability.--An owner, operator, time charterer, 
master, mariner, or individual who uses force or authorizes the use of 
force to defend a vessel of the United States against an act of piracy 
shall not be liable for monetary damages for any injury or death caused 
by such force to any person engaging in an act of piracy if such force 
was in accordance with standard rules for the use of force in self-
defense of vessels prescribed by the Secretary.
    ``(b) Promotion of Coordinated Action.--To carry out the purpose of 
this section, the Secretary of the department in which the Coast Guard 
is operating shall work through the International Maritime Organization 
to establish agreements to promote coordinated action among flag- and 
port-states to deter, protect against, and rapidly respond to piracy 
against the vessels of, and in the waters under the jurisdiction of, 
those nations, and to ensure limitations on liability similar to those 
established by subsection (a).
    ``(c) Definition.--For the purpose of this section, the term `act 
of piracy' means any act of aggression, search, restraint, depredation, 
or seizure attempted against a vessel of the United States by an 
individual not authorized by the United States, a foreign government, 
or an international organization recognized by the United States to 
enforce law on the high seas.''.
    (b) Clerical Amendment.--The analysis at the beginning of such 
chapter is amended by adding at the end the following new item:

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

    (c) Standard Rules for the Use of Force for Self-defense of Vessels 
of the United States.--Not later than 180 days after the date of 
enactment of this act, the secretary of the department in which the 
coast guard is operating, in consultation with representatives of 
industry and labor, shall develop standard rules for the use of force 
for self-defense of vessels of the United States.
    SEC. 913. TECHNICAL AMENDMENTS TO CHAPTER 313 OF TITLE 46, UNITED 
      STATES CODE.
    (a) In General.--Chapter 313 of title 46, United States Code, is 
amended--
        (1) by striking ``of Transportation'' in sections 31302, 31306, 
    31321, 31330, and 31343 each place it appears;
        (2) by striking ``and'' after the semicolon in section 
    31301(5)(F);
        (3) by striking ``office.'' in section 31301(6) and inserting 
    ``office; and''; and
        (4) by adding at the end of section 31301 the following:
        ``(7) `Secretary' means the Secretary of the Department of 
    Homeland Security, unless otherwise noted.''.
    (b) Secretary as Mortgagee.--Section 31308 of such title is amended 
by striking ``When the Secretary of Commerce or Transportation is a 
mortgagee under this chapter, the Secretary'' and inserting ``The 
Secretary of Commerce or Transportation, as a mortgagee under this 
chapter,''.
    (c) Secretary of Transportation.--Section 31329(d) of such title is 
amended by striking ``Secretary.'' and inserting ``Secretary of 
Transportation.''.
    (d) Mortgagee.--
        (1) Section 31330(a)(1) of such title, as amended by subsection 
    (a)(1) of this section, is amended--
            (A) by inserting ``or'' after the semicolon in subparagraph 
        (B);
            (B) by striking ``Secretary; or'' in subparagraph (C) and 
        inserting ``Secretary.''; and
            (C) by striking subparagraph (D).
        (2) Section 31330(a)(2) is amended--
            (A) by inserting ``or'' after the semicolon in subparagraph 
        (B);
            (B) by striking ``faith; or'' in subparagraph (C) and 
        inserting ``faith.''; and
            (C) by striking subparagraph (D).
    SEC. 914. CONVEYANCE OF COAST GUARD VESSELS FOR PUBLIC PURPOSES.
    (a) In General.--Whenever the transfer of ownership of a Coast 
Guard vessel or aircraft to an eligible entity for use for educational, 
cultural, historical, charitable, recreational, or other public 
purposes is authorized by law or declared excess by the Commandant, the 
Coast Guard shall transfer the vessel or aircraft to the General 
Services Administration for conveyance to the eligible entity.
    (b) Conditions of Conveyance.--The General Services Administration 
may not convey a vessel or aircraft to an eligible entity as authorized 
by law unless the eligible entity agrees--
        (1) to provide the documentation needed by the General Services 
    Administration to process a request for aircraft or vessels under 
    section 102.37.225 of title 41, Code of Federal Regulations;
        (2) to comply with the special terms, conditions, and 
    restrictions imposed on aircraft and vessels under section 
    102.37.460 of such title;
        (3) to make the vessel available to the United States 
    Government if it is needed for use by the Commandant of the Coast 
    Guard in time of war or a national emergency; and
        (4) to hold the United States Government harmless for any 
    claims arising from exposure to hazardous materials, including 
    asbestos and polychlorinated biphenyls, that occurs after 
    conveyance of the vessel, except for claims arising from use of the 
    vessel by the United States Government under paragraph (3).
    (c) Other Obligations Unaffected.--Nothing in this section amends 
or affects any obligation of the Coast Guard or any other person under 
the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or any other 
law regarding use or disposal of hazardous materials including asbestos 
and polychlorinated biphenyls.
    (d) Eligible Entity Defined.--In this section, the term ``eligible 
entity'' means a State or local government, nonprofit corporation, 
educational agency, community development organization, or other entity 
that agrees to comply with the conditions established under this 
section.
    SEC. 915. ASSESSMENT OF CERTAIN AIDS TO NAVIGATION AND TRAFFIC 
      FLOW.
    (a) Information on Usage.--Within 60 days after the date of 
enactment of this Act, the Commandant of the Coast Guard shall--
        (1) determine the types and numbers of vessels typically 
    transiting or utilizing that portion of the Atlantic Intracoastal 
    Waterway beginning at a point that is due East of the outlet of the 
    Cutler Drain Canal C-100 in Dade County, Florida, and ending at the 
    Dade County line, during a period of 30 days; and
        (2) provide the information on usage compiled under this 
    subsection to the Senate Committee on Commerce, Science, and 
    Transportation and the House of Representatives Committee on 
    Transportation and Infrastructure.
    (b) Assessment of Certain Aids to Navigation.--Within 90 days after 
the date of enactment of this Act, the Commandant of the Coast Guard 
shall--
        (1) review and assess the buoys, markers, and other aids to 
    navigation in and along that portion of the Atlantic Intracoastal 
    Waterway specified in subsection (a), to determine the adequacy and 
    sufficiency of such aids, and the need to replace such aids, 
    install additional aids, or both; and
        (2) submit a report on the assessment required by this section 
    to the committees.
    (c) Submission of Plan.--Within 180 days after the date of 
enactment of this Act, the Commandant shall submit a plan to the 
committees to address the needs identified under subsection (b).
    SEC. 916. FRESNEL LENS FROM PRESQUE ISLE LIGHT STATION IN PRESQUE 
      ISLE, MICHIGAN.
    (a) Determination; Analyses.--
        (1) Determination.--The Commandant of the Coast Guard shall 
    determine the necessity and adequacy of the existing Federal aids 
    to navigation at Presque Isle Light Station, Presque Isle, Michigan 
    (hereinafter ``Light Station''), and submit such determination to 
    the Committee on Transportation and Infrastructure of the House of 
    Representatives and the Committee on Commerce, Science, and 
    Transportation of the Senate. The Commandant may base such 
    determination on the Waterways Analysis and Management System study 
    of such Federal aid to navigation, provided that such study was 
    completed not more than 1 year prior to the date of enactment of 
    this section.
        (2) Analyses.--The Commandant of the Coast Guard shall 
    conduct--
            (A) an analysis of the feasibility of restoring the Fresnel 
        Lens from the Light Station to operating condition, the 
        capacity of the Coast Guard to maintain the Fresnel Lens as a 
        Federal aid to navigation, and the impact on the Fresnel Lens 
        as an artifact if used as a Federal aid to navigation; and
            (B) a comparative analysis of the cost of restoring, 
        reinstalling, operating, and maintaining the Fresnel Lens 
        (including life-cycle costs) and the cost of operating and 
        maintaining the existing Federal aid to navigation at the Light 
        Station (including life-cycle costs).
        (3) Submission.--Not later than 1 year after the date of 
    enactment of this section, the Commandant of the Coast Guard shall 
    submit the determination and analyses, conducted pursuant to this 
    subsection, to the Committee on Transportation and Infrastructure 
    of the House of Representatives and the Committee on Commerce, 
    Science, and Transportation of the Senate.
    (b) Transfer Possession of Lens Authorized.--
        (1) Transfer of possession.--Notwithstanding any other 
    provision of law, the Commandant of the Coast Guard may transfer to 
    the Township of Presque Isle, Michigan (hereinafter ``Township''), 
    possession of the Fresnel Lens from the Light Station for the 
    purpose of conserving and displaying such Fresnel Lens as an 
    artifact in an exhibition facility at or near the Light Station.
        (2) Condition.--As a condition of the transfer of possession 
    pursuant to paragraph (1)--
            (A) all Federal aids to navigation located at, on, or in 
        the Light Station in operation on the date of transfer of 
        possession shall remain the personal property of the United 
        States and continue to be operated and maintained by the United 
        States for as long as needed for navigational purposes;
            (B) there is reserved to the United States the right to 
        maintain, remove, replace, or install any Federal aid to 
        navigation located at, on, or in the Light Station as may be 
        necessary for navigational purposes; and
            (C) the Township shall neither interfere nor allow 
        interference in any manner with any Federal aid to navigation, 
        nor hinder activities required for the operation and 
        maintenance of any Federal aid to navigation.
        (3) Alternative display.--
            (A) In the event that--
                (i) the Commandant of the Coast Guard, pursuant to a 
            Waterways Analysis and Management System study, 
            discontinues the existing Federal aids to navigation at, 
            on, or in the Light Station; and
                (ii) the Township demonstrates to the satisfaction of 
            the Commandant that the Township can restore, reinstall, 
            and display the Fresnel Lens from the Light Station in the 
            lantern room of such Light Station in a manner that 
            conserves such Fresnel Lens as an artifact,
        the Township is authorized, notwithstanding paragraph (1), to 
        display such Fresnel Lens in the lantern room of such Light 
        Station.
            (B) Nothing in this paragraph shall be construed to prevent 
        the Township from installing a replica of the Fresnel Lens in 
        the lantern room of such Light Station.
    (c) Conveyance, Transfer of Additional Personal Property.--
Notwithstanding any other provision of law, the Commandant may convey 
or transfer possession of any personal property of the United States, 
pertaining to the Fresnel Lens or the Light Station, as an artifact to 
the Township.
    (d) Terms; Reversionary Interest.--As a condition of transfer of 
possession of personal property of the United States, pursuant to 
subsection (c), the Commandant may require the Township to comply with 
terms and conditions necessary to protect and conserve such personal 
property. Upon notice that the Commandant has determined that the 
Township has not complied with such terms and conditions, the Township 
shall immediately transfer possession of such personal property to the 
Coast Guard, except to the extent otherwise approved by the Commandant.
    (e) Conveyance Without Consideration.--The conveyance or transfer 
of possession of any personal property of the United States (including 
the Fresnel Lens) under this section shall be without consideration.
    (f) Delivery of Property.--The Commandant shall deliver any 
personal property, conveyed or transferred pursuant to this section 
(including the Fresnel Lens)--
        (1) at the place where such property is located on the date of 
    the conveyance;
        (2) in condition on the date of conveyance; and
        (3) without cost to the United States.
    (g) Maintenance of Property.--As a condition of the transfer of 
possession of the Fresnel Lens and any other personal property of the 
United States to the Township under this section, the Commandant shall 
enter into an agreement with the Township under which the Township 
agrees to hold the United States harmless for any claim arising with 
respect to the Fresnel Lens or such personal property.
    (h) Limitation on Future Transfers.--The instruments providing for 
the transfer of possession of the Fresnel Lens or any other personal 
property of the United States under this section shall--
        (1) require that any further transfer of an interest in the 
    Fresnel Lens or personal property may not be made without the 
    advance approval of the Commandant; and
        (2) provide that, if the Commandant determines that an interest 
    in the Fresnel Lens or personal property was transferred without 
    such approval--
            (A) all right, title, and interest in the Fresnel Lens or 
        personal property shall revert to the United States, and the 
        United States shall have the right to immediate possession of 
        the Fresnel Lens or personal property; and
            (B) the recipient of the Fresnel Lens or personal property 
        shall pay the United States for costs incurred by the United 
        States in recovering the Fresnel Lens or personal property.
    (i) Additional Terms and Conditions.--The Commandant may require 
such additional terms and conditions in connection with the conveyance 
or transfer of personal property of the United States (including the 
Fresnel Lens) authorized by this section as the Commandant considers 
appropriate to protect the interests of the United States.
    SEC. 917. MARITIME LAW ENFORCEMENT.
    (a) Penalties.--Subsection (b) of section 2237 of title 18, United 
States Code, is amended to read as follows:
    ``(b)(1) Except as otherwise provided in this subsection, whoever 
knowingly violates subsection (a) shall be fined under this title or 
imprisoned for not more than 5 years, or both.
    ``(2)(A) If the offense is one under paragraph (1) or (2)(A) of 
subsection (a) and has an aggravating factor set forth in subparagraph 
(B) of this paragraph, the offender shall be fined under this title or 
imprisoned for any term of years or life, or both.
    ``(B) The aggravating factor referred to in subparagraph (A) is 
that the offense--
        ``(i) results in death; or
        ``(ii) involves--
            ``(I) an attempt to kill;
            ``(II) kidnapping or an attempt to kidnap; or
            ``(III) an offense under section 2241.
    ``(3) If the offense is one under paragraph (1) or (2)(A) of 
subsection (a) and results in serious bodily injury (as defined in 
section 1365), the offender shall be fined under this title or 
imprisoned for not more than 15 years, or both.
    ``(4) If the offense is one under paragraph (1) or (2)(A) of 
subsection (a), involves knowing transportation under inhumane 
conditions, and is committed in the course of a violation of section 
274 of the Immigration and Nationality Act, or chapter 77 or section 
113 (other than under subsection (a)(4) or (a)(5) of such section) or 
117 of this title, the offender shall be fined under this title or 
imprisoned for not more than 15 years, or both.''.
    (b) Definition.--Section 2237(e) of title 18, United States Code, 
is amended--
        (1) by amending paragraph (3) to read as follows:
        ``(3) the term `vessel subject to the jurisdiction of the 
    United States' has the meaning given the term in section 70502 of 
    title 46;'';
        (2) in paragraph (4), by striking ``section 2 of the Maritime 
    Drug Law Enforcement Act (46 U.S.C. App. 1903).'' and inserting 
    ``section 70502 of title 46; and''; and
        (3) by adding at the end the following new paragraph:
        ``(5) the term `transportation under inhumane conditions' 
    means--
            ``(A) transportation--
                ``(i) of one or more persons in an engine compartment, 
            storage compartment, or other confined space;
                ``(ii) at an excessive speed; or
                ``(iii) of a number of persons in excess of the rated 
            capacity of the vessel; or
            ``(B) intentional grounding of a vessel in which persons 
        are being transported.''.
    SEC. 918. CAPITAL INVESTMENT PLAN.
    The Commandant of the Coast Guard shall submit to the Committee on 
Transportation and Infrastructure and the Committee on Commerce, 
Science, and Transportation of the Senate the Coast Guard's 5-year 
capital investment plan concurrent with the President's budget 
submission for each fiscal year.
    SEC. 919. REPORTS.
    Notwithstanding any other provision of law, in fiscal year 2011 the 
total amount of appropriated funds obligated or expended by the Coast 
Guard during any fiscal year in connection with any study or report 
required by law may not exceed the total amount of appropriated funds 
obligated or expended by the Coast Guard for such purpose in fiscal 
year 2010. In order to comply with the requirements of this limitation, 
the Commandant of the Coast Guard shall establish for each fiscal year 
a rank order of priority for studies and reports that can be conducted 
or completed during the fiscal year consistent with this limitation and 
shall post the list on the Coast Guard's public website.
    SEC. 920. COMPLIANCE PROVISION.
    The budgetary effects of this Act, for purposes of complying with 
the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, jointly submitted for printing in the 
Congressional Record by the Chairmen of the House and Senate Budget 
Committees, provided that such statement has been submitted prior to 
the vote on passage in the House acting first on this conference report 
or amendments between the Houses.
    SEC. 921. CONVEYANCE OF COAST GUARD PROPERTY IN PORTLAND, MAINE.
    Section 347 of the Maritime Transportation Security Act of 2002 
(116 Stat. 2108; as amended by section 706 of Public Law 109-347 (120 
Stat. 1946)) is amended in subsection (i), by adding at the end the 
following new paragraph:
        ``(3) Public aquarium.--For purposes of this section, the term 
    `aquarium' or `public aquarium' as used in this section or in the 
    deed delivered to the Corporation or any agreement entered into 
    pursuant to this section, means any new building constructed by the 
    Corporation adjacent to the pier and bulkhead in compliance with 
    the waterfront provisions of the City of Portland Code of 
    Ordinances.''.

                          TITLE X--CLEAN HULLS
                     Subtitle A--General Provisions

SEC. 1011. DEFINITIONS.
    In this title:
        (1) Administrator.--The term ``Administrator'' means the 
    Administrator of the Environmental Protection Agency.
        (2) Antifouling system.--The term ``antifouling system'' means 
    a coating, paint, surface treatment, surface, or device that is 
    used or intended to be used on a vessel to control or prevent 
    attachment of unwanted organisms.
        (3) Convention.--The term ``Convention'' means the 
    International Convention on the Control of Harmful Anti-Fouling 
    Systems on Ships, 2001, including its annexes, and including any 
    amendments to the Convention or annexes which have entered into 
    force for the United States.
        (4) FPSO.--The term ``FPSO'' means a floating production, 
    storage, or offloading unit.
        (5) FSU.--The term ``FSU'' means a floating storage unit.
        (6) Gross tonnage.--The term ``gross tonnage'' as defined in 
    chapter 143 of title 46, United States Code, means the gross 
    tonnage calculated in accordance with the tonnage measurement 
    regulations contained in annex 1 to the International Convention on 
    Tonnage Measurement of Ships, 1969.
        (7) International voyage.--The term ``international voyage'' 
    means a voyage by a vessel entitled to fly the flag of one country 
    to or from a port, shipyard, offshore terminal, or other place 
    under the jurisdiction of another country.
        (8) Organotin.--The term ``organotin'' means any compound or 
    additive of tin bound to an organic ligand, that is used or 
    intended to be used as biocide in an antifouling system.
        (9) Person.--The term ``person'' means--
            (A) any individual, partnership, association, corporation, 
        or organized group of persons whether incorporated or not;
            (B) any department, agency, or instrumentality of the 
        United States, except as provided in section 3(b)(2); or
            (C) any other government entity.
        (10) Secretary.--The term ``Secretary'' means the Secretary of 
    the department in which the Coast Guard is operating.
        (11) Sell or distribute.--The term ``sell or distribute'' means 
    to distribute, sell, offer for sale, hold for distribution, hold 
    for sale, hold for shipment, ship, deliver for shipment, release 
    for shipment, import, export, hold for import, hold for export, or 
    receive and (having so received) deliver or offer to deliver.
        (12) Vessel.--The term ``vessel'' has the meaning given that 
    term in section 3 of title 1, United States Code, including 
    hydrofoil boats, air cushion watercraft, submersibles, floating 
    craft, fixed or floating platforms, floating storage units, and 
    floating production, storage, and offloading units.
        (13) Territorial sea.--The term ``territorial sea'' means the 
    territorial sea as described in Presidential Proclamation No. 5928 
    on December 27, 1988.
        (14) United states.--The term ``United States'' means the 
    several States of the United States, the District of Columbia, 
    Puerto Rico, Guam, American Samoa, the Virgin Islands, the 
    Commonwealth of the Northern Marianas, and any other territory or 
    possession over which the United States has jurisdiction.
        (15) Use.--The term ``use'' includes application, 
    reapplication, installation, or any other employment of an 
    antifouling system.
SEC. 1012. COVERED VESSELS.
    (a) Included Vessel.--Except as provided in subsection (b), after 
the Convention enters into force for the United States, the following 
vessels are subject to the requirements of this title:
        (1) A vessel documented under chapter 121 of title 46, United 
    States Code, or one operated under the authority of the United 
    States, wherever located.
        (2) Any vessel permitted by a Federal agency to operate on the 
    Outer Continental Shelf.
        (3) Any other vessel when--
            (A) in the internal waters of the United States;
            (B) in any port, shipyard, offshore terminal, or other 
        place in the United States;
            (C) lightering in the territorial sea; or
            (D) to the extent consistent with international law, 
        anchoring in the territorial sea of the United States.
    (b) Excluded Vessels.--
        (1) In general.--The following vessels are not subject to the 
    requirements of this title:
            (A) Any warship, naval auxiliary, or other vessel owned or 
        operated by a foreign state, and used, for the time being, only 
        on government noncommercial service.
            (B) Except as provided in paragraph (2), any warship, naval 
        auxiliary, or other vessel owned or operated by the United 
        States and used for the time being only on government 
        noncommercial service.
        (2) Application to united states government vessels.--
            (A) In general.--The Administrator may apply any 
        requirement of this title to one or more classes of vessels 
        described in paragraph (1)(B), if the head of the Federal 
        department or agency under which those vessels operate concurs 
        in that application.
            (B) Limitation for combat-related vessel.--Subparagraph (A) 
        shall not apply to combat-related vessels.
SEC. 1013. ADMINISTRATION AND ENFORCEMENT.
    (a) In General.--Unless otherwise specified in this title, with 
respect to a vessel, the Secretary shall administer and enforce the 
Convention and this title.
    (b) Administrator.--Except with respect to section 1031(b) and (c), 
the Administrator shall administer and enforce subtitle C.
    (c) Regulations.--The Administrator and the Secretary may each 
prescribe and enforce regulations as may be necessary to carry out 
their respective responsibilities under this title.
SEC. 1014. COMPLIANCE WITH INTERNATIONAL LAW.
    Any action taken under this title shall be taken in accordance with 
treaties to which the United States is a party and other international 
obligations of the United States.
SEC. 1015. UTILIZATION OF PERSONNEL, FACILITIES OR EQUIPMENT OF OTHER 
FEDERAL DEPARTMENTS AND AGENCIES.
    The Secretary and the Administrator may utilize by agreement, with 
or without reimbursement, personnel, facilities, or equipment of other 
Federal departments and agencies in administering the Convention, this 
title, or any regulations prescribed under this title.

              Subtitle B--Implementation of the Convention

SEC. 1021. CERTIFICATES.
    (a) Certificate Required.--On entry into force of the Convention 
for the United States, any vessel of at least 400 gross tons that 
engages in one or more international voyages (except fixed or floating 
platforms, FSUs, and FPSOs) shall carry an International Antifouling 
System Certificate.
    (b) Issuance of Certificate.--On entry into force of the 
Convention, on a finding that a successful survey required by the 
Convention has been completed, a vessel of at least 400 gross tons that 
engages in at least one international voyage (except fixed or floating 
platforms, FSUs, and FPSOs) shall be issued an International 
Antifouling System Certificate. The Secretary may issue the Certificate 
required by this section. The Secretary may delegate this authority to 
an organization that the Secretary determines is qualified to undertake 
that responsibility.
    (c) Maintenance of Certificate.--The Certificate required by this 
section shall be maintained as required by the Secretary.
    (d) Certificates Issued by Other Party Countries.--A Certificate 
issued by any country that is a party to the Convention has the same 
validity as a Certificate issued by the Secretary under this section.
    (e) Vessels of Nonparty Countries.--Notwithstanding subsection (a), 
a vessel of at least 400 gross tons, having the nationality of or 
entitled to fly the flag of a country that is not a party to the 
Convention, may demonstrate compliance with this title through other 
appropriate documentation considered acceptable by the Secretary.
SEC. 1022. DECLARATION.
    (a) Requirements.--On entry into force of the Convention for the 
United States, a vessel of at least 24 meters in length, but less than 
400 gross tons engaged on an international voyage (except fixed or 
floating platforms, FSUs, and FPSOs) must carry a declaration described 
in subsection (b) that is signed by the owner or owner's authorized 
agent. That declaration shall be accompanied by appropriate 
documentation, such as a paint receipt or a contractor invoice, or 
contain an appropriate endorsement.
    (b) Content of Declaration.--The declaration must contain a clear 
statement that the antifouling system on the vessel complies with the 
Convention. The Secretary may prescribe the form and other requirements 
of the declaration.
SEC. 1023. OTHER COMPLIANCE DOCUMENTATION.
    In addition to the requirements under sections 1021 and 1022, the 
Secretary may require vessels to hold other documentation considered 
necessary to verify compliance with this title.
SEC. 1024. PROCESS FOR CONSIDERING ADDITIONAL CONTROLS.
    (a) Actions by Administrator.--The Administrator may--
        (1) participate in the technical group described in Article 7 
    of the Convention, and in any other body convened pursuant to the 
    Convention for the consideration of new or additional controls on 
    antifouling systems;
        (2) evaluate any risks of adverse effects on nontarget 
    organisms or human health presented by a given antifouling system 
    such that the amendment of annex 1 of the Convention may be 
    warranted;
        (3) undertake an assessment of relevant environmental, 
    technical, and economic considerations necessary to evaluate any 
    proposals for new or additional controls of antifouling systems 
    under the Convention, including benefits in the United States and 
    elsewhere associated with the production and use in the United 
    States and elsewhere, of the subject antifouling system; and
        (4) develop recommendations based on that assessment.
    (b) Referrals to Technical Group.--
        (1) Convening of shipping coordinating committee.--On referral 
    of any antifouling system to the technical group described in 
    article 7 of the Convention for consideration of new or additional 
    controls, the Secretary of State shall convene a public meeting of 
    the Shipping Coordinating Committee for the purpose of receiving 
    information and comments regarding controls on such antifouling 
    system. The Secretary of State shall publish advance notice of such 
    meeting in the Federal Register and on the State Department's Web 
    site. The Administrator shall assemble and maintain a public docket 
    containing notices pertaining to that meeting, any comments 
    responding to those notices, the minutes of that meeting, and 
    materials presented at that meeting.
        (2) Report by technical group.--The Administrator shall 
    promptly make any report by the technical group described in the 
    Convention available to the public through the docket established 
    pursuant to subsection (b) and announce the availability of that 
    report in the Federal Register. The Administrator shall provide an 
    opportunity for public comment on the report for a period of not 
    less than 30 days from the time the availability of the report is 
    announced in the Federal Register.
        (3) Consideration of comments.--To the extent practicable, the 
    Administrator shall take any comments into consideration in 
    developing recommendations under subsection (a).
SEC. 1025. SCIENTIFIC AND TECHNICAL RESEARCH AND MONITORING; 
COMMUNICATION AND INFORMATION.
    The Secretary, the Administrator, and the Administrator of the 
National Oceanic and Atmospheric Administration may each undertake 
scientific and technical research and monitoring pursuant to article 8 
of the Convention and to promote the availability of relevant 
information concerning--
        (1) scientific and technical activities undertaken in 
    accordance with the Convention;
        (2) marine scientific and technological programs and their 
    objectives; and
        (3) the effects observed from any monitoring and assessment 
    programs relating to antifouling systems.
SEC. 1026. COMMUNICATION AND EXCHANGE OF INFORMATION.
    (a) In General.--Except as provided in subsection (b), with respect 
to those antifouling systems regulated by the Administrator, the 
Administrator shall provide to any party to the Convention that 
requests it, relevant information on which the decision to regulate was 
based, including information provided for in annex 3 to the Convention, 
or other information suitable for making an appropriate evaluation of 
the antifouling system.
    (b) Limitation.--This section shall not be construed to authorize 
the provision of information the disclosure of which is otherwise 
prohibited by law.

           Subtitle C--Prohibitions and Enforcement Authority

SEC. 1031. PROHIBITIONS.
    (a) In General.--Notwithstanding any other provision of law, it is 
unlawful for any person--
        (1) to act in violation of this title, or any regulation 
    prescribed under this title;
        (2) to sell or distribute in domestic or international commerce 
    organotin or an antifouling system containing organotin;
        (3) to manufacture, process, or use organotin to formulate an 
    antifouling system;
        (4) to apply an antifouling system containing organotin on any 
    vessel to which this title applies; or
        (5) after the Convention enters into force for the United 
    States, to apply or otherwise use in a manner inconsistent with the 
    Convention, an antifouling system on any vessel that is subject to 
    this title.
    (b) Vessel Hulls.--Except as provided in subsection (c), no vessel 
shall bear on its hull or outer surface any antifouling system 
containing organotin, regardless of when such system was applied, 
unless that vessel bears an overcoating which forms a barrier to 
organotin leaching from the underlying antifouling system.
    (c) Limitations.--
        (1) Excepted vessel.--Subsection (b) does not apply to fixed or 
    floating platforms, FSUs, or FPSOs that were constructed prior to 
    January 1, 2003, and that have not been in dry dock on or after 
    that date.
        (2) Sale, manufacture, etc.--This section does not apply to--
            (A) the sale, distribution, or use pursuant to any 
        agreement between the Administrator and any person that results 
        in an earlier prohibition or cancellation date than specified 
        in this title; or
            (B) the manufacture, processing, formulation, sale, 
        distribution, or use of organotin or antifouling systems 
        containing organotin used or intended for use only for sonar 
        domes or in conductivity sensors in oceanographic instruments.
SEC. 1032. INVESTIGATIONS AND INSPECTIONS BY SECRETARY.
    (a) In General.--The Secretary may conduct investigations and 
inspections regarding a vessel's compliance with this title or the 
Convention.
    (b) Violations; Subpoenas.--
        (1) In general.--In any investigation under this section, the 
    Secretary may issue a subpoena to require the attendance of a 
    witness or the production of documents or other evidence if--
            (A) before the issuance of the subpoena, the Secretary 
        requests a determination by the Attorney General of the United 
        States as to whether the subpoena will interfere with a 
        criminal investigation; and
            (B) the Attorney General--
                (i) determines that the subpoena will not interfere 
            with a criminal investigation; or
                (ii) fails to make a determination under clause (i) 
            before the date that is 30 days after the date on which the 
            Secretary makes a request under subparagraph (A).
        (2) Enforcement.--In the case of refusal to obey a subpoena 
    issued to any person under this subsection, the Secretary may 
    request the Attorney General to invoke the aid of the appropriate 
    district court of the United States to compel compliance.
    (c) Further Action.--On completion of an investigation, the 
Secretary may take whatever further action the Secretary considers 
appropriate under the Convention or this title.
    (d) Cooperation.--The Secretary may cooperate with other parties to 
the Convention in the detection of violations and in enforcement of the 
Convention. Nothing in this section affects or alters requirements 
under any other laws.
SEC. 1033. EPA ENFORCEMENT.
    (a) Inspections, Subpoenas.--
        (1) In general.--For purposes of enforcing this title or any 
    regulation prescribed under this title, officers or employees of 
    the Environmental Protection Agency or of any State designated by 
    the Administrator may enter at reasonable times any location where 
    there is being held or may be held organotin or any other substance 
    or antifouling system regulated under the Convention, for the 
    purpose of inspecting and obtaining samples of any containers or 
    labeling for organotin or other substance or system regulated under 
    the Convention.
        (2) Subpoenas.--
            (A) In general.--In any investigation under this section, 
        the Administrator may issue a subpoena to require the 
        attendance of a witness or the production of documents or other 
        evidence if--
                (i) before the issuance of the subpoena, the 
            Administrator requests a determination by the Attorney 
            General of the United States as to whether the subpoena 
            will interfere with a criminal investigation; and
                (ii) the Attorney General--

                    (I) determines that the subpoena will not interfere 
                with a criminal investigation; or
                    (II) fails to make a determination under subclause 
                (I) before the date that is 30 days after the date on 
                which the Administrator makes a request under clause 
                (i).

            (B) Enforcement.--In the case of refusal to obey a subpoena 
        issued to any person under this paragraph, the Administrator 
        may request the Attorney General to invoke the aid of the 
        appropriate district court of the United States to compel 
        compliance.
    (b) Stop Manufacture, Sale, Use, or Removal Orders.--Consistent 
with section 1013, whenever any organotin or other substance or system 
regulated under the Convention is found by the Administrator and there 
is reason to believe that a manufacturer, seller, distributor, or user 
has violated or is in violation of any provision of this title, or that 
such organotin or other substance or system regulated under the 
Convention has been or is intended to be manufactured, distributed, 
sold, or used in violation of this title, the Administrator may issue a 
stop manufacture, sale, use, or removal order to any person that owns, 
controls, or has custody of such organotin or other substance or system 
regulated under the Convention. After receipt of that order the person 
may not manufacture, sell, distribute, use, or remove the organotin or 
other substance or system regulated under the Convention described in 
the order except in accordance with the order.
SEC. 1034. ADDITIONAL AUTHORITY OF THE ADMINISTRATOR.
    The Administrator, in consultation with the Secretary, may 
establish, as necessary, terms and conditions regarding the removal and 
disposal of antifouling systems prohibited or restricted under this 
title.

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

SEC. 1041. CRIMINAL ENFORCEMENT.
    Any person who knowingly violates paragraph (2), (3), (4), or (5) 
of section 1031(a) or section 1031(b) shall be fined under title 18, 
United States Code, or imprisoned not more than 6 years, or both.
SEC. 1042. CIVIL ENFORCEMENT.
    (a) Civil Penalty.--
        (1) In general.--Any person who is found by the Secretary or 
    the Administrator, as appropriate, after notice and an opportunity 
    for a hearing, to have--
            (A) violated the Convention, this title, or any regulation 
        prescribed under this title, is liable to the United States 
        Government for a civil penalty of not more than $37,500 for 
        each violation; or
            (B) made a false, fictitious, or fraudulent statement or 
        representation in any matter in which a statement or 
        representation is required to be made to the Secretary under 
        the Convention, this title, or any regulations prescribed under 
        this title, is liable to the United States for a civil penalty 
        of not more than $50,000 for each such statement or 
        representation.
        (2) Relationship to other law.--This subsection shall not limit 
    or affect the authority of the Government under section 1001 of 
    title 18, United States Code.
    (b) Assessment of Penalty.--The amount of the civil penalty shall 
be assessed by the Secretary or Administrator, as appropriate, by 
written notice.
    (c) Limitation for Recreational Vessel.--A civil penalty imposed 
under subsection (a) against the owner or operator of a recreational 
vessel, as that term is defined in section 2101 of title 46, United 
States Code, for a violation of the Convention, this title, or any 
regulation prescribed under this title involving that recreational 
vessel, may not exceed $5,000 for each violation.
    (d) Determination of Penalty.--For purposes of penalties under this 
section, each day of a continuing violation constitutes a separate 
violation. In determining the amount of the penalty, the Secretary or 
Administrator shall take into account the nature, circumstances, 
extent, and gravity of the prohibited acts committed and, with respect 
to the violator, the degree of culpability, any history of prior 
offenses, the economic impact of the penalty on the violator, the 
economic benefit to the violator and other matters as justice may 
require.
    (e) Reward.--An amount equal to not more than one-half of any civil 
penalty assessed by the Secretary or Administrator under this section 
may, subject to the availability of appropriations, be paid by the 
Secretary or Administrator, respectively, to any person who provided 
information that led to the assessment or imposition of the penalty.
    (f) Referral to Attorney General.--If any person fails to pay a 
civil penalty assessed under this section after it has become final, or 
comply with an order issued under this title, the Secretary or 
Administrator, as appropriate, may refer the matter to the Attorney 
General of the United States for collection in any appropriate district 
court of the United States.
    (g) Compromise, Modification, or Remission.--Before referring any 
civil penalty that is subject to assessment or has been assessed under 
this section to the Attorney General, the Secretary, or Administrator, 
as appropriate, may compromise, modify, or remit, with or without 
conditions, the civil penalty.
    (h) Nonpayment Penalty.--Any person who fails to pay on a timely 
basis a civil penalty assessed under this section shall also be liable 
to the United States for interest on the penalty at an annual rate 
equal to 11 percent compounded quarterly, attorney fees and costs for 
collection proceedings, and a quarterly nonpayment penalty for each 
quarter during which such failure to pay persists. That nonpayment 
penalty shall be in an amount equal to 20 percent of the aggregate 
amount of that person's penalties and nonpayment penalties that are 
unpaid as of the beginning of that quarter.
SEC. 1043. LIABILITY IN REM.
    A vessel operated in violation of the Convention, this title, or 
any regulation prescribed under this title, is liable in rem for any 
fine imposed under section 18, United States Code, or civil penalty 
assessed pursuant to section 1042, and may be proceeded against in the 
United States district court of any district in which the vessel may be 
found.
SEC. 1044. VESSEL CLEARANCE OR PERMITS; REFUSAL OR REVOCATION; BOND OR 
OTHER SURETY.
    If any vessel that is subject to the Convention or this title, or 
its owner, operator, or person in charge, is liable for a fine or civil 
penalty under section 1042 or 1043, or if reasonable cause exists to 
believe that the vessel, its owner, operator, or person in charge may 
be subject to a fine or civil penalty under section 1042 or 1043, the 
Secretary may refuse or revoke the clearance required by section 60105 
of title 46, United States Code. Clearance may be granted upon the 
filing of a bond or other surety satisfaction to the Secretary.
SEC. 1045. WARNINGS, DETENTIONS, DISMISSALS, EXCLUSION.
    (a) In General.--If a vessel is detected to be in violation of the 
Convention, this title, or any regulation prescribed under this title, 
the Secretary may warn, detain, dismiss, or exclude the vessel from any 
port or offshore terminal under the jurisdiction of the United States.
    (b) Notifications.--If action is taken under subsection (a), the 
Secretary, in consultation with the Secretary of State, shall make the 
notifications required by the Convention.
SEC. 1046. REFERRALS FOR APPROPRIATE ACTION BY FOREIGN COUNTRY.
    Notwithstanding sections 1041, 1042, 1043, and 1045, if a violation 
of the Convention is committed by a vessel registered in or of the 
nationality of a country that is a party to the Convention, or by a 
vessel operated under the authority of a country that is a party to the 
Convention, the Secretary, acting in coordination with the Secretary of 
State, may refer the matter to the government of the country of the 
vessel's registry or nationality, or under whose authority the vessel 
is operating, for appropriate action, rather than taking the actions 
otherwise required or authorized by this subtitle.
SEC. 1047. REMEDIES NOT AFFECTED.
    (a) In General.--Nothing in this title limits, denies, amends, 
modifies, or repeals any other remedy available to the United States.
    (b) Relationship to State and Local Law.--Nothing in this title 
limits, denies, amends, modifies, or repeals any rights under existing 
law, of any State, territory, or possession of the United States, or 
any political subdivision thereof, to regulate any antifouling system. 
Compliance with the requirements of a State, territory, or possession 
of the United States, or political subdivision thereof related to 
antifouling paint or any other antifouling system does not relieve any 
person of the obligation to comply with this title.
SEC. 1048. REPEAL.
    The Organotin Antifouling Paint Control Act of 1988 (33 U.S.C. 2401 
et seq.) is repealed.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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