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

                In the House of Representatives, U. S.,

                                                    September 28, 2010.
    Resolved, That the House agree to the amendment of the Senate to 
the bill (H.R. 3619) entitled ``An Act to authorize appropriations for 
the Coast Guard for fiscal year 2010, and for other purposes.'', with 
the following

                 HOUSE ADMENDMENTS TO SENATE AMENDMENT:

            In lieu of the matter proposed to be inserted by the 
      amendment of the Senate to the text of the bill, insert the 
      following:

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.--Section 2237(b) of title 18, United States Code, is 
amended to read as follows:
    ``(b) Whoever knowingly violates this section shall--
            ``(1) if the offense results in death or involves 
        kidnapping, an attempt to kidnap or kill, conduct required for 
        an offense or an attempt to commit an offense, under section 
        2241 (relating to aggravated sexual abuse) without regard to 
        where it takes place, or an attempt to kill, be fined under 
        this title or imprisoned for any term of years or life, or 
        both;
            ``(2) if the offense results in serious bodily injury (as 
        defined in section 1365), be fined under this title or 
        imprisoned for not more than 15 years, or both;
            ``(3) if the offense involves knowing transportation under 
        inhumane conditions and is committed in the course of a 
        violation of section 274 of the Immigration and Nationality 
        Act; chapter 77 or section 111, 111A, 113, or 117 of this 
        title; chapter 705 of title 46; or title II of the Act of June 
        15, 1917 (Chapter 30; 40 Stat. 220), be fined under this title 
        or imprisoned for not more than 15 years, or both; and
            ``(4) in any other case, be fined under this title or 
        imprisoned for not more than 5 years, or both.''.
    (b) 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.--In any investigation under this 
section, the Secretary may issue subpoenas to require the attendance of 
witnesses and the production of documents and other evidence. In case 
of refusal to obey a subpoena issued to any person, 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.--In any investigation under this section the 
        Administrator may issue subpoenas to require the attendance of 
        any witness and the production of documents and other evidence. 
        In case of refusal to obey such a subpoena, the Administrator 
        may request the Attorney General 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.

            Amend the title so as to read: ``An Act to authorize 
        appropriations for the Coast Guard for fiscal year 2011, and 
        for other purposes.''.

            Attest:

                                                                 Clerk.
111th CONGRESS

  2d Session

                               H.R. 3619

_______________________________________________________________________

                 HOUSE ADMENDMENTS TO SENATE AMENDMENT
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