IB 

Union Calendar No. 170 

111TH CONGRESS 

1ST SESSION H. R. 3619 

[Report No. 111–303, Part I] 

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

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 22, 2009 

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

which was referred to the Committee on Transportation and Infrastructure 

OCTOBER 16, 2009 

Reported from the Committee on Transportation and Infrastructure with an 

amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

OCTOBER 16, 2009 

Referred to the Committee on Homeland Security for a period ending not 

later than October 16, 2009, for consideration of such provisions of the 

bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(i), rule X 

OCTOBER 16, 2009 

Committee on Homeland Security discharged; committed to the Committee of 

the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on September 22, 2009] 

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A BILL 

To authorize appropriations for the Coast Guard for fiscal 

year 2010, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

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

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

7 this Act is as follows: 

Sec. 1. Short title. 

TITLE I—AUTHORIZATION 

Sec. 101. Authorization of appropriations. 

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

TITLE II—COAST GUARD 

Sec. 201. Appointment of civilian Coast Guard judges. 

Sec. 202. Industrial activities. 

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

Sec. 204. Commissioned officers. 

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

(AFRH) system. 

Sec. 206. Grants to international maritime organizations. 

Sec. 207. Emergency leave retention authority. 

Sec. 208. Enforcement authority. 

Sec. 209. Repeal. 

Sec. 210. Merchant Mariner Medical Advisory Committee. 

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

Sec. 212. Enhanced status quo officer promotion system. 

Sec. 213. Laser Training System. 

Sec. 214. Coast Guard vessels and aircraft. 

Sec. 215. Coast Guard District Ombudsmen. 

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

Sec. 217. Enforcement of coastwise trade laws. 

Sec. 218. Academy nominations. 

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

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

Sec. 221. Minority serving institutions. 

TITLE III—SHIPPING AND NAVIGATION 

Sec. 301. Goods and services. 

Sec. 302. Seaward extension of anchorage grounds jurisdiction. 

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

Sec. 304. Technical amendments to tonnage measurement law. 

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

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

Sec. 307. Merchant mariner document standards. 

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Sec. 308. Report on Coast Guard determinations. 

Sec. 309. Ship emission reduction technology demonstration project. 

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

Sec. 311. Arctic marine shipping assessment implementation. 

Sec. 312. Supplemental positioning system. 

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

Alaska. 

TITLE IV—GREAT LAKES ICEBREAKER 

Sec. 401. Short title. 

Sec. 402. Findings. 

Sec. 403. Authorization of appropriations. 

TITLE V—ACQUISITION REFORM 

Sec. 501. Short title. 

Sec. 502. Definitions. 

Subtitle A—Restrictions on the Use of Lead Systems Integrators 

Sec. 511. Procurement structure. 

Subtitle B—Coast Guard Acquisition Policy 

Sec. 521. Operational requirements. 

Sec. 522. Required contract terms. 

Sec. 523. Life-cycle cost estimates. 

Sec. 524. Test and evaluation. 

Sec. 525. Capability standards. 

Sec. 526. Acquisition program reports. 

Sec. 527. Undefinitized contractual actions. 

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

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

Sec. 530. Cost overruns and delays. 

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

agency. 

Sec. 532. Department of Defense consultation. 

Subtitle C—Coast Guard Personnel 

Sec. 541. Chief Acquisition Officer. 

Sec. 542. Improvements in Coast Guard acquisition management. 

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

Sec. 544. Coast Guard acquisition workforce expedited hiring authority. 

TITLE VI—MARITIME WORKFORCE DEVELOPMENT 

Sec. 601. Short title. 

Sec. 602. Maritime education loan program. 

TITLE VII—COAST GUARD MODERNIZATION 

Sec. 701. Short title. 

Subtitle A—Coast Guard Leadership 

Sec. 711. Admirals and Vice Admirals. 

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Subtitle B—Marine Safety Administration 

Sec. 721. Marine safety. 

Sec. 722. Marine safety staff. 

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

Sec. 724. Powers and duties. 

Sec. 725. Appeals and waivers. 

Sec. 726. Coast Guard Academy. 

Sec. 727. Report regarding civilian marine inspectors. 

TITLE VIII—MARINE SAFETY 

Sec. 801. Short title. 

Sec. 802. Vessel size limits. 

Sec. 803. Cold weather survival training. 

Sec. 804. Fishing vessel safety. 

Sec. 805. Mariner records. 

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

towing vessels. 

Sec. 807. Log books. 

Sec. 808. Safe operations and equipment standards. 

Sec. 809. Approval of survival craft. 

Sec. 810. Safety management. 

Sec. 811. Protection against discrimination. 

Sec. 812. Oil fuel tank protection. 

Sec. 813. Oaths. 

Sec. 814. Duration of credentials. 

Sec. 815. Fingerprinting. 

Sec. 816. Authorization to extend the duration of licenses, certificates of registry, 

and merchant mariners’ documents. 

Sec. 817. Merchant mariner documentation. 

Sec. 818. Merchant mariner assistance report. 

Sec. 819. Offshore supply vessels. 

Sec. 820. Associated equipment. 

Sec. 821. Lifesaving devices on uninspected vessels. 

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

Sec. 823. Renewal of advisory committees. 

TITLE IX—CRUISE VESSEL SAFETY 

Sec. 901. Short title. 

Sec. 902. Findings. 

Sec. 903. Cruise vessel security and safety requirements. 

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

TITLE X—UNITED STATES MARINER PROTECTION 

Sec. 1001. Short title. 

Sec. 1002. Use force against piracy. 

Sec. 1003. Agreements. 

TITLE XI—PORT SECURITY 

Sec. 1101. Maritime homeland security public awareness program. 

Sec. 1102. Transportation Worker Identification Credential. 

Sec. 1103. Review of interagency operational centers. 

Sec. 1104. Maritime security response teams. 

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Sec. 1105. Coast Guard detection canine team program expansion. 

Sec. 1106. Coast Guard port assistance program. 

Sec. 1107. Maritime biometric identification. 

Sec. 1108. Review of potential threats. 

Sec. 1109. Port security pilot. 

Sec. 1110. Seasonal workers. 

Sec. 1111. Comparative risk assessment of vessel-based and facility-based liquefied 

natural gas regasification processes. 

Sec. 1112. Pilot Program for fingerprinting of maritime workers. 

Sec. 1113. Transportation security cards on vessels. 

Sec. 1114. International labor study. 

Sec. 1115. Maritime Security Advisory Committees. 

Sec. 1116. Seamen’s shoreside access. 

Sec. 1117. Waterside security around especially hazardous material terminals 

and tankers. 

Sec. 1118. Review of Liquefied Natural Gas Facilities. 

Sec. 1119. Use of secondary authentication for transportation security cards. 

Sec. 1120. Report on State and local law enforcement augmentation of Coast 

Guard resources with respect to security zones and United States 

ports. 

Sec. 1121. Assessment of transportation security card enrollment sites. 

TITLE XII—ALIEN SMUGGLING 

Sec. 1201. Short title. 

Sec. 1202. Findings. 

Sec. 1203. Checks against terrorist watchlist. 

Sec. 1204. Strengthening prosecution and punishment of alien smugglers. 

Sec. 1205. Maritime law enforcement. 

Sec. 1206. Amendment to the sentencing guidelines. 

TITLE XIII—MISCELLANEOUS PROVISIONS 

Sec. 1301. Certificate of documentation for GALLANT LADY. 

Sec. 1302. Waivers. 

Sec. 1303. Great Lakes Maritime Research Institute. 

Sec. 1304. Conveyance of Coast Guard Boat House, Nantucket, Massachusetts. 

Sec. 1305. Crew wages on passenger vessels. 

Sec. 1306. Technical corrections. 

Sec. 1307. Conveyance of decommissioned Coast Guard Cutter STORIS. 

Sec. 1308. Conveyance of Coast Guard HU–25 Falcon Jet aircraft. 

Sec. 1309. Decommissioned Coast Guard vessels for Haiti. 

Sec. 1310. Phaseout of vessels supporting oil and gas development. 

Sec. 1311. Vessel traffic risk assessment. 

Sec. 1312. Study of relocation of Coast Guard Sector Buffalo facilities. 

Sec. 1313. Conveyance of Coast Guard vessels to Mississippi. 

Sec. 1314. Coast Guard assets for United States Virgin Islands. 

Sec. 1315. Officer requirements for distant water tuna vessels. 

Sec. 1316. Assessment of needs for additional Coast Guard presence in high latitude regions. 

Sec. 1317. Study of regional response vessel and salvage capability for Olympic 

Peninsula coast, Washington. 

Sec. 1318. Study of bridges over navigable waters. 

Sec. 1319. Limitation on jurisdiction of States to tax certain seamen. 

Sec. 1320. Decommissioned Coast Guard vessels for Bermuda. 

Sec. 1321. Conveyance of Coast Guard vessels to Nassau County, New York. 

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Sec. 1322. Newtown Creek, New York City, New York. 

Sec. 1323. Land conveyance, Coast Guard property in Marquette County, Michigan, to the City of Marquette, Michigan. 

Sec. 1324. Mission requirement analysis for navigable portions of the Rio Grande 

River, Texas, international water boundary. 

Sec. 1325. Conveyance of Coast Guard property in Cheboygan, Michigan. 

1 TITLE I—AUTHORIZATION 

2 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

3 Funds are authorized to be appropriated for fiscal year 

4 2010 for necessary expenses of the Coast Guard as follows: 

5 (1) For the operation and maintenance of the 

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

7 (A) $24,500,000 is authorized to be derived 

8 from the Oil Spill Liability Trust Fund to carry 

9 out the purposes of section 1012(a)(5) of the Oil 

10 Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); 

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

12 for paying for search and rescue programs; 

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

14 paying for marine safety programs; and 

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

16 for paying for ports, waterways, and coastal se17 curity. 

18 (2) For the acquisition, construction, rebuilding, 

19 and improvement of aids to navigation, shore and off20 shore facilities, vessels, and aircraft, including equip21 ment related thereto, $1,597,580,000, of which— 

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

2 Oil Spill Liability Trust Fund to carry out the 

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

6 (B) $1,194,780,000 is authorized for the In7 tegrated Deepwater System Program; and 

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

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

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

14 Guard’s mission in search and rescue, aids to naviga15 tion, marine safety, marine environmental protection, 

16 enforcement of laws and treaties, ice operations, 

17 oceanographic research, and defense readiness, 

18 $29,745,000, to remain available until expended, of 

19 which $500,000 shall be derived from the Oil Spill 

20 Liability Trust Fund to carry out the purposes of sec21 tion 1012(a)(5) of the Oil Pollution Act of 1990. 

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

23 obligations otherwise chargeable to lapsed appropria24 tions for this purpose), payments under the Retired 

25 Serviceman’s Family Protection and Survivor Benefit 

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1 Plans, and payments for medical care of retired per2 sonnel and their dependents under chapter 55 of title 

3 10, United States Code, $1,361,245,000, to remain 

4 available until expended. 

5 (5) For alteration or removal of bridges over 

6 navigable waters of the United States constituting ob7 structions to navigation, and for personnel and ad8 ministrative costs associated with the Bridge Alter9 ation Program, $16,000,000. 

10 (6) For environmental compliance and restora11 tion at Coast Guard facilities (other than parts and 

12 equipment associated with operation and mainte13 nance), $13,198,000, to remain available until ex14 pended. 

15 (7) For the Coast Guard Reserve program, in16 cluding personnel and training costs, equipment, and 

17 services, $133,632,000. 

18 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 

19 AND TRAINING. 

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

21 authorized an end-of-year strength for active duty personnel 

22 of 47,000 for the fiscal year ending on September 30, 2010. 

23 (b) MILITARY TRAINING STUDENT LOADS.—For fiscal 

24 year 2010, the Coast Guard is authorized average military 

25 training student loads as follows: 

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1 (1) For recruit and special training, 2,500 stu2 dent years. 

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

4 (3) For professional training in military and ci5 vilian institutions, 350 student years. 

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

7 TITLE II—COAST GUARD 

8 SEC. 201. APPOINTMENT OF CIVILIAN COAST GUARD 

9 JUDGES. 

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

11 Code, is amended by adding at the end the following: 

12 ‘‘§ 153. Appointment of judges 

13 ‘‘The Secretary may appoint civilian employees of the 

14 Department in which the Coast Guard is operating as ap15 pellate military judges, available for assignment to the 

16 Coast Guard Court of Criminal Appeals as provided for 

17 in section 866(a) of title 10.’’. 

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

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

‘‘153. Appointment of judges.’’. 

20 SEC. 202. INDUSTRIAL ACTIVITIES. 

21 Section 151 of title 14, United States Code, is amend22 ed— 

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

24 ‘‘All orders’’; and 

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

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1 ‘‘(b) ORDERS AND AGREEMENTS FOR INDUSTRIAL AC2 TIVITIES.—Under this section, the Coast Guard industrial 

3 activities may accept orders from and enter into reimburs4 able agreements with establishments, agencies, and depart5 ments of the Department of Defense.’’. 

6 SEC. 203. REIMBURSEMENT FOR MEDICAL-RELATED TRAV7 EL EXPENSES. 

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

9 States Code, is amended by adding at the end the following: 

10 ‘‘§ 518. Reimbursement for medical-related travel ex11 penses for certain persons residing on is12 lands in the continental United States 

13 ‘‘In any case in which a covered beneficiary (as de14 fined in section 1072(5) of title 10) resides on an island 

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

16 of Columbia and that lacks public access roads to the main17 land and is referred by a primary care physician to a spe18 cialty care provider (as defined in section 1074i(b) of title 

19 10) on the mainland who provides services less than 100 

20 miles from the location where the beneficiary resides, the 

21 Secretary shall reimburse the reasonable travel expenses of 

22 the covered beneficiary and, when accompaniment by an 

23 adult is necessary, for a parent or guardian of the covered 

24 beneficiary or another member of the covered beneficiary’s 

25 family who is at least 21 years of age.’’. 

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

2 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.’’. 

3 SEC. 204. COMMISSIONED OFFICERS. 

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

5 title 14, United States Code, is amended to read as follows: 

6 ‘‘§ 42. Number and distribution of commissioned offi7 cers on active duty promotion list 

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

9 Coast Guard commissioned officers on the active duty pro10 motion list, excluding warrant officers, shall not exceed 

11 6,700; except that the Commandant may temporarily in12 crease that number by up to 2 percent for no more than 

13 60 days following the date of the commissioning of a Coast 

14 Guard Academy class. 

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

16 ‘‘(1) REQUIRED.—The total number of commis17 sioned officers authorized by this section shall be dis18 tributed in grade in the following percentages: 0.375 

19 percent for rear admiral; 0.375 percent for rear admi20 ral (lower half); 6.0 percent for captain; 15.0 percent 

21 for commander; and 22.0 percent for lieutenant com22 mander. 

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1 ‘‘(2) DISCRETIONARY.—The Secretary shall pre2 scribe the percentages applicable to the grades of lieu3 tenant, lieutenant (junior grade), and ensign. 

4 ‘‘(3) AUTHORITY OF SECRETARY TO REDUCE

5 PERCENTAGE.—The Secretary— 

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

7 Guard require, any of the percentages set forth 

8 in paragraph (1); and 

9 ‘‘(B) shall apply that total percentage re10 duction to any other lower grade or combination 

11 of lower grades. 

12 ‘‘(c) COMPUTATIONS.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall compute, 

14 at least once each year, the total number of commis15 sioned officers authorized to serve in each grade by 

16 applying the grade distribution percentages estab17 lished by or under this section to the total number of 

18 commissioned officers listed on the current active duty 

19 promotion list. 

20 ‘‘(2) ROUNDING FRACTIONS.—Subject to sub21 section (a), in making the computations under para22 graph (1), any fraction shall be rounded to the near23 est whole number. 

24 ‘‘(3) TREATMENT OF OFFICERS SERVING OUT25 SIDE COAST GUARD.—The number of commissioned 

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1 officers on the active duty promotion list below the 

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

3 Federal departments or agencies on a reimbursable 

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

5 not be counted against the total number of commis6 sioned officers authorized to serve in each grade. 

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

8 The numbers resulting from computations under subsection 

9 (c) shall be, for all purposes, the authorized number in each 

10 grade; except that the authorized number for a grade is tem11 porarily increased during the period between one computa12 tion and the next by the number of officers originally ap13 pointed in that grade during that period and the number 

14 of officers of that grade for whom vacancies exist in the next 

15 higher grade but whose promotion has been delayed for any 

16 reason. 

17 ‘‘(e) OFFICERS SERVING COAST GUARD ACADEMY AND

18 RESERVE.—The number of officers authorized to be serving 

19 on active duty in each grade of the permanent commis20 sioned teaching staff of the Coast Guard Academy and of 

21 the Reserve serving in connection with organizing, admin22 istering, recruiting, instructing, or training the reserve 

23 components shall be prescribed by the Secretary.’’. 

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1 (b) CLERICAL AMENDMENT.—The analysis for chapter 

2 3 of such title is amended by striking the item relating to 

3 section 42 and inserting the following: 

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

list.’’. 

4 SEC. 205. COAST GUARD PARTICIPATION IN THE ARMED 

5 FORCES RETIREMENT HOME (AFRH) SYSTEM. 

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

7 Retirement Home Act of 1991 (24 U.S.C. 401) is amend8 ed— 

9 (1) by striking paragraph (4); 

10 (2) in paragraph (5)— 

11 (A) by striking ‘‘and’’ at the end of sub12 paragraph (C); 

13 (B) by striking the period at the end of sub14 paragraph (D) and inserting ‘‘; and’’; and 

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

16 ‘‘(E) the Assistant Commandant of the 

17 Coast Guard for Human Resources.’’; and 

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

19 following: 

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

21 Coast Guard.’’. 

22 (b) CONFORMING AMENDMENTS.—(1) Section 2772 of 

23 title 10, United States Code, is amended— 

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

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

3 ‘‘concerned’’; and 

4 (B) by striking subsection (c). 

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

6 amended— 

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

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

9 ‘‘Secretary of Defense’’; 

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

11 (C) by redesignating paragraph (5) as para12 graph (4). 

13 SEC. 206. GRANTS TO INTERNATIONAL MARITIME ORGANI14 ZATIONS. 

15 Section 149 of title 14, United States Code, is amended 

16 by adding at the end the following: 

17 ‘‘(c) GRANTS TO INTERNATIONAL MARITIME ORGANI18 ZATIONS.—After consultation with the Secretary of State, 

19 the Commandant may make grants to, or enter into cooper20 ative agreements, contracts, or other agreements with, inter21 national maritime organizations for the purpose of acquir22 ing information or data about merchant vessel inspections, 

23 security, safety, classification, and port state or flag state 

24 law enforcement or oversight.’’. 

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1 SEC. 207. EMERGENCY LEAVE RETENTION AUTHORITY. 

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

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

4 following: 

5 ‘‘§ 426. Emergency leave retention authority 

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

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

8 declaration of a major disaster or emergency by the Presi9 dent under the Robert T. Stafford Disaster Relief and 

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

11 be treated, for the purpose of section 701(f)(2) of title 10, 

12 a duty assignment in support of a contingency operation.’’. 

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

14 chapter is amended by inserting after the item relating to 

15 section 425 the following new item: 

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

16 SEC. 208. ENFORCEMENT AUTHORITY. 

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

18 Code, is amended by adding at the end the following: 

19 ‘‘§ 99. Enforcement authority 

20 ‘‘Subject to guidelines approved by the Secretary, 

21 members of the Coast Guard, in the performance of official 

22 duties, may— 

23 ‘‘(1) carry a firearm; and 

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

25 70101 of title 46)— 

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

2 any offense against the United States committed 

3 in their presence; and 

4 ‘‘(B) seize property as otherwise provided 

5 by law.’’. 

6 (b) CONFORMING REPEAL.—The first section added to 

7 title 46, United States Code, by the amendment made by 

8 subsection (a) of section 801 of the Coast Guard and Mari9 time Transportation Act of 2004 (118 Stat. 1078), and the 

10 item relating to such first section enacted by the amendment 

11 made by subsection (b) of such section 801, are repealed. 

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

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

‘‘99. Enforcement authority.’’. 

14 SEC. 209. REPEAL. 

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

16 item relating to such section in the analysis for chapter 11 

17 of such title, are repealed. 

18 SEC. 210. MERCHANT MARINER MEDICAL ADVISORY COM19 MITTEE. 

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

21 States Code, is amended by adding at the end the following 

22 new section: 

23 ‘‘§ 7115. Merchant Mariner Medical Advisory Com24 mittee 

25 ‘‘(a) ESTABLISHMENT.— 

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1 ‘‘(1) IN GENERAL.—There is established a Mer2 chant Mariner Medical Advisory Committee (in this 

3 section referred to as the ‘Committee’). 

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

5 the Secretary on matters relating to— 

6 ‘‘(A) medical certification determinations 

7 for issuance of merchant mariner credentials; 

8 ‘‘(B) medical standards and guidelines for 

9 the physical qualifications of operators of com10 mercial vessels; 

11 ‘‘(C) medical examiner education; and 

12 ‘‘(D) medical research. 

13 ‘‘(b) MEMBERSHIP.— 

14 ‘‘(1) IN GENERAL.—The Committee shall consist 

15 of 14 members, none of whom is a Federal employee, 

16 and shall include— 

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

18 with particular expertise, knowledge, or experi19 ence regarding the medical examinations of mer20 chant mariners or occupational medicine; and 

21 ‘‘(B) four who are professional mariners 

22 with knowledge and experience in mariner occu23 pational requirements. 

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

25 Committee shall not be considered Federal employees 

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1 or otherwise in the service or the employment of the 

2 Federal Government, except that members shall be 

3 considered special Government employees, as defined 

4 in section 202(a) of title 18, United States Code, and 

5 shall be subject to any administrative standards of 

6 conduct applicable to the employees of the department 

7 in which the Coast Guard is operating. 

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

9 ‘‘(1) APPOINTMENTS.—The Secretary shall ap10 point the members of the Committee, and each mem11 ber shall serve at the pleasure of the Secretary. 

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

13 for a term of three years, except that, of the members 

14 first appointed, three members shall be appointed for 

15 a term of two years and three members shall be ap16 pointed for a term of one year. 

17 ‘‘(3) VACANCIES.—Any member appointed to fill 

18 the vacancy prior to the expiration of the term for 

19 which that member’s predecessor was appointed shall 

20 be appointed for the remainder of that term. 

21 ‘‘(d) CHAIRMAN AND VICE CHAIRMAN.—The Secretary 

22 shall designate one member of the Committee as the Chair23 man and one member as the Vice Chairman. The Vice 

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1 pacity of, or in the event of a vacancy in the office of, the 

2 Chairman. 

3 ‘‘(e) COMPENSATION; REIMBURSEMENT.—Members of 

4 the Committee shall serve without compensation, except 

5 that, while engaged in the performance of duties away from 

6 their homes or regular places of business of the member, the 

7 member of the Committee may be allowed travel expenses, 

8 including per diem in lieu of subsistence, as authorized by 

9 section 5703 of title 5. 

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

11 the Committee the personnel and services as are considered 

12 necessary for the conduct of its business.’’. 

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

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

15 Medical Advisory Committee established by the amendment 

16 made by this section shall hold its first meeting. 

17 (c) CLERICAL AMENDMENT.—The analysis for chapter 

18 71 of that title is amended by adding at the end the fol19 lowing: 

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

20 SEC. 211. RESERVE COMMISSIONED WARRANT OFFICER TO 

21 LIEUTENANT PROGRAM. 

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

23 amended to read as follows: 

24 ‘‘(a) The president may appoint temporary commis25 sioned officers— 

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1 ‘‘(1) in the Regular Coast Guard in a grade, not 

2 above lieutenant, appropriate to their qualifications, 

3 experience, and length of service, as the needs of the 

4 Coast Guard may require, from among the commis5 sioned warrant officers, warrant officers, and enlisted 

6 members of the Coast Guard, and from holders of li7 censes issued under chapter 71 of title 46; and 

8 ‘‘(2) in the Coast Guard Reserve in a grade, not 

9 above lieutenant, appropriate to their qualifications, 

10 experience, and length of service, as the needs of the 

11 Coast Guard may require, from among the commis12 sioned warrant officers of the Coast Guard Reserve.’’. 

13 SEC. 212. ENHANCED STATUS QUO OFFICER PROMOTION 

14 SYSTEM. 

15 Chapter 11 of title 14, United States Code, is amend16 ed— 

17 (1) in section 253(a)— 

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

19 and 

20 (B) by striking ‘‘, and the number of offi21 cers the board may recommend for promotion’’; 

22 (2) in section 258— 

23 (A) by inserting ‘‘(a) IN GENERAL.—’’ be24 fore the existing text; 

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

2 striking the colon at the end of the material pre3 ceding paragraph (1) and inserting ‘‘—’’; and 

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

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

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

7 pursuant to subsection (a), the Secretary may furnish 

8 the selection board— 

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

10 of the Coast Guard for officers having particular 

11 skills, including direction relating to the need for 

12 a minimum number of officers with particular 

13 skills within a specialty; and 

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

15 believes may be necessary to enable the board to 

16 properly perform its functions. 

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

18 guidance provided under this subsection shall not ex19 ceed the maximum percentage of officers who may be 

20 selected from below the announced promotion zone at 

21 any given selection board convened under section 251 

22 of this title.’’; 

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

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

25 to the needs of the Coast Guard for officers with parmstockstill on DSKH9S0YB1PROD with BILLS

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1 ticular skills so noted in specific direction furnished 

2 to the board by the Secretary under section 258 of 

3 this title,’’; and 

4 (4) in section 260(b), by inserting after ‘‘quali5 fied for promotion’’ the following: ‘‘to meet the needs 

6 of the service (as noted in specific direction furnished 

7 the board by the Secretary under section 258 of this 

8 title)’’. 

9 SEC. 213. LASER TRAINING SYSTEM. 

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

11 enactment of this Act, the Secretary of the department in 

12 which the Coast Guard shall test an integrated laser engage13 ment system for the training of members of the Coast Guard 

14 assigned to small vessels in the use of individual weapons 

15 and machine guns on those vessels. The test shall be con16 ducted on vessels on the Great Lakes using similar laser 

17 equipment used by other Federal agencies. However, that 

18 equipment shall be adapted for use in the marine environ19 ment. 

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

21 the Committee on Transportation and Infrastructure and 

22 the Committee on Homeland Security of the House of Rep23 resentatives and the Committee on Commerce, Science, and 

24 Transportation of the Senate within 6 months after the con25 clusions of the test required under subsection (a) on the costs 

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1 and benefits of using the system regionally and nationwide 

2 to train members of the Coast Guard in the use of indi3 vidual weapons and machine guns. 

4 SEC. 214. COAST GUARD VESSELS AND AIRCRAFT. 

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

6 Section 637(c) of title 14, United States Code, is amended— 

7 (1) in paragraph (1), by striking ‘‘; or’’ and in8 serting a semicolon; 

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

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

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

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

13 noncommercial service when— 

14 ‘‘(A) the vessel or aircraft is under the tac15 tical control of the Coast Guard; and 

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

17 Guard is assigned and conducting a Coast 

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

19 (b) AUTHORITY TO DISPLAY COAST GUARD ENSIGNS

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

21 Code, is amended by striking ‘‘Coast Guard vessels and air22 craft’’ and inserting ‘‘Vessels and aircraft authorized by the 

23 Secretary’’. 

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1 SEC. 215. COAST GUARD DISTRICT OMBUDSMEN. 

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

3 Code, is amended by adding at the end the following new 

4 section: 

5 ‘‘§ 55. District Ombudsmen 

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

7 an employee of the Coast Guard in each Coast Guard Dis8 trict as a District Ombudsman to serve as a liaison between 

9 ports, terminal operators, shipowners, and labor representa10 tives and the Coast Guard. 

11 ‘‘(b) PURPOSE.—The purpose of the District Ombuds12 man shall be the following: 

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

14 Guard in each port in the District for which the Dis15 trict Ombudsman is appointed. 

16 ‘‘(2) To improve communications between and 

17 among port stakeholders including, port and terminal 

18 operators, ship owners, labor representatives, and the 

19 Coast Guard. 

20 ‘‘(3) To seek to resolve disputes between the Coast 

21 Guard and all petitioners regarding requirements im22 posed or services provided by the Coast Guard. 

23 ‘‘(c) FUNCTIONS.— 

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

25 may examine complaints brought to the attention of 

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1 the District Ombudsman by a petitioner operating in 

2 a port or by Coast Guard personnel. 

3 ‘‘(2) GUIDELINES FOR DISPUTES.— 

4 ‘‘(A) IN GENERAL.—The District Ombuds5 man shall develop guidelines regarding the types 

6 of disputes with respect to which the District 

7 Ombudsman will provide assistance. 

8 ‘‘(B) LIMITATION.—The District Ombuds9 man shall not provide assistance with respect to 

10 a dispute unless it involves the impact of Coast 

11 Guard requirements on port business and the 

12 flow of commerce. 

13 ‘‘(C) PRIORITY.—In providing such assist14 ance, the District Ombudsman shall give priority 

15 to complaints brought by petitioners who believe 

16 they will suffer a significant hardship as the re17 sult of implementing a Coast Guard requirement 

18 or being denied a Coast Guard service. 

19 ‘‘(3) CONSULTATION.—The District Ombudsman 

20 may consult with any Coast Guard personnel who 

21 can aid in the investigation of a complaint. 

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

23 Ombudsman shall have access to any Coast Guard 

24 document, including any record or report, that will 

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1 mation needed to conduct an investigation of a com2 pliant. 

3 ‘‘(5) REPORTS.—At the conclusion of an inves4 tigation, the District Ombudsman shall submit a re5 port on the findings and recommendations of the Dis6 trict Ombudsman, to the Commander of the District 

7 in which the petitioner who brought the complaint is 

8 located or operating. 

9 ‘‘(6) DEADLINE.—The District Ombudsman shall 

10 seek to resolve each complaint brought in accordance 

11 with the guidelines— 

12 ‘‘(A) in a timely fashion; and 

13 ‘‘(B) not later than 4 months after the com14 plaint is officially accepted by the District Om15 budsman. 

16 ‘‘(d) APPOINTMENT.—The Commandant shall appoint 

17 as the District Ombudsman a civilian who has experience 

18 in port and transportation systems and knowledge of port 

19 operations or of maritime commerce (or both). 

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

21 annually to the Committee on Transportation and Infra22 structure of the House of Representatives and the Committee 

23 on Commerce, Science, and Transportation of the Senate 

24 on the matters brought before the District Ombudsmen, in25 cluding— 

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

2 District Ombudsman; 

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

4 ‘‘(3) the eventual resolution of each such mat5 ter.’’. 

6 (b) CLERICAL AMENDMENT.—The analysis at the be7 ginning of that chapter is amended by adding at the end 

8 the following new item: 

‘‘55. District Ombudsmen.’’. 

9 SEC. 216. COAST GUARD COMMISSIONED OFFICERS: COM10 PULSORY RETIREMENT. 

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

12 States Code, is amended by striking section 293 and insert13 ing the following: 

14 ‘‘§ 293. Compulsory retirement 

15 ‘‘(a) REGULAR COMMISSIONED OFFICERS.—Any reg16 ular commissioned officer, except a commissioned warrant 

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

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

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

20 ‘‘(b) FLAG-OFFICER GRADES.—(1) Except as provided 

21 in paragraph (2), any regular commissioned officer serving 

22 in a grade of rear admiral (lower half) or above shall be 

23 retired on the first day of the month following the month 

24 in which the officer becomes 64 years of age. 

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1 ‘‘(2) The retirement of an officer under paragraph (1) 

2 may be deferred— 

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

4 not extend beyond the first day of the month following 

5 the month in which the officer becomes 68 years of 

6 age; or 

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

8 which the Coast Guard is operating, but such a 

9 deferment may not extend beyond the first day of the 

10 month following the month in which the officer be11 comes 66 years of age.’’. 

12 (b) CLERICAL AMENDMENT.—The analysis at the be13 ginning of such chapter is amended by striking the item 

14 relating to such section and inserting the following: 

‘‘293. Compulsory retirement.’’. 

15 SEC. 217. ENFORCEMENT OF COASTWISE TRADE LAWS. 

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

17 Code, is further amended by adding at the end the following: 

18 ‘‘§ 100. Enforcement of coastwise trade laws 

19 ‘‘Officers and members of the Coast Guard are author20 ized to enforce chapter 551 of title 46. The Secretary shall 

21 establish a program for these officers and members to en22 force that chapter, including the application of those laws 

23 to vessels that support the exploration, development, and 

24 production of oil, gas, or mineral resources in the Gulf of 

25 Mexico.’’. 

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

2 chapter is further amended by adding at the end the fol3 lowing new item: 

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

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

5 which the Coast Guard is operating shall submit a report 

6 to the Committee on Transportation and Infrastructure of 

7 the House of Representatives and the Senate Committee on 

8 Commerce, Science, and Transportation within one year 

9 after the date of enactment of this Act on the enforcement 

10 strategies and enforcement actions taken to enforce the 

11 coastwise trade laws. 

12 SEC. 218. ACADEMY NOMINATIONS. 

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

14 States Code, is amended to read as follows: 

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

16 ‘‘(1) The authorized strength of the Corps of Ca17 dets (determined for any academic program year as 

18 of the day before the last day of the academic pro19 gram year) is 1,000, excluding those foreign nationals 

20 admitted for instructions pursuant to section 195. 

21 Subject to that limitation, cadets are selected as fol22 lows: 

23 ‘‘(A) Not more than 10 individuals, ap24 pointed by the Secretary of Homeland Security, 

25 in order of merit as established by competitive 

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1 examination, from the children of members of the 

2 Armed Forces who were killed in action or died 

3 of, or have a service-connected disability at not 

4 less than 100 per centum resulting from, wounds 

5 or injuries received or diseases contracted in, or 

6 preexisting injury or disease aggravated by, ac7 tive service, children of members who are in a 

8 ‘missing status’ (as defined in section 551(2) of 

9 title 37), and children of civilian employees who 

10 are in ‘missing status’ (as defined in section 

11 5561(5) of title 5). The determination of the De12 partment of Veterans Affairs as to service con13 nection of the cause of death or disability is 

14 rated, is binding upon the Secretary. 

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

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

17 President, by the President pro tempore of the 

18 Senate. 

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

20 Senator. 

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

22 Representative in Congress. 

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

24 Delegate to the House of Representatives from the 

25 District of Columbia, the Delegate in Congress 

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1 from the Virgin Islands, the Resident Commis2 sioner from Puerto Rico, the Delegate in Con3 gress from Guam, the Delegate in Congress from 

4 American Samoa, or the Resident Representative 

5 from the Commonwealth of the Northern Mar6 iana Islands. 

7 Each Senator, Representative, and Delegate in Con8 gress, including the Resident Commissioner and the 

9 Resident Representative, is entitled to nominate 10 

10 persons each year. Cadets who do not graduate on 

11 time shall not count against the allocations pursuant 

12 to subparagraphs (B)–(E). Nominees may be sub13 mitted without ranking or with a principal candidate 

14 and 9 ranked or unranked alternates. A nominee not 

15 selected for appointment under this paragraph shall 

16 be considered an alternate for the purposes of ap17 pointment under paragraph (2). 

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

19 program year, individuals who are either— 

20 ‘‘(A) alternates nominated pursuant to 

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

22 ‘‘(B) applicants who applied directly for 

23 admission. 

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

25 each academic program year, individuals who are— 

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

2 Forces who— 

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

4 training) and who have served continuously 

5 on active duty for at least eight years; 

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

7 retired with pay or granted retired or re8 tainer pay; 

9 ‘‘(iii) are serving as members of reserve 

10 components and are credited with at least 

11 eight years of service; 

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

13 would have been, entitled to retired pay, ex14 cept for not having attained 60 years of age; 

15 or 

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

17 Honor; 

18 the total number of whom cannot exceed 5 per19 cent of the class to be admitted; however, a per20 son who is eligible for selection under subsection 

21 (a)(1)(A) may not be selected under this sub22 paragraph; 

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

24 or the Coast Guard Reserve, the total number of 

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1 whom cannot exceed 5 percent of the class to be 

2 admitted; 

3 ‘‘(C) graduates of the Coast Guard Scholars 

4 program, the total number of whom cannot ex5 ceed 30 percent of the class to be admitted; and 

6 ‘‘(D) individuals who possess qualities that 

7 the Superintendent identifies to be of particular 

8 value to the Academy and the Service, the total 

9 number of whom cannot exceed 20 percent of the 

10 class to be admitted. 

11 ‘‘(4) An individual shall be qualified for nomi12 nation, selection, and appointment as a cadet at the 

13 Academy only if the individual— 

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

15 States; and 

16 ‘‘(B) meets such minimum requirements 

17 that the Secretary may establish. 

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

19 Member of Congress, upon the written request of such 

20 Member, the name of the Congressman or other nomi21 nating authority responsible for the nomination of 

22 any named or identified person for appointment to 

23 the Academy. 

24 ‘‘(6) For purposes of the limitation in subsection 

25 (a)(1) establishing the aggregate authorized strength 

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1 of the Corps of Cadets, the Secretary may, for any 

2 academic program year, permit a variance in that 

3 limitation by not more than 5 percent. In applying 

4 that limitation, and any such variance, the last day 

5 of an academic program year shall be considered to 

6 be graduation day.’’. 

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

8 nomination, selection, and appointment of individuals, 

9 pursuant to section 182 of title 14, United States Code, who 

10 will matriculate in academic program year 2012 and there11 after, except that for— 

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

13 135 cadets of the corps (or 14 percent of the corps, 

14 whichever is smaller) shall be from nominations made 

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

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

17 270 cadets of the corps (or 27 percent of the corps, 

18 whichever is smaller) shall be from nominations made 

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

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

21 405 cadets of the corps (or 41 percent of the corps, 

22 which ever is smaller) shall be from nominations 

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

24 The Secretary is hereby authorized to take any additional 

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1 vide for the transition to the nomination, selection, and ap2 pointment process provided under this section. 

3 (c) MINORITY RECRUITING PROGRAM.— 

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

5 States Code, is amended by adding at the end the fol6 lowing new section: 

7 ‘‘§ 199. Minority recruiting program 

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

9 Guard is operating shall establish a minority recruiting 

10 program for prospective cadets at the Coast Guard Acad11 emy. The program may include— 

12 ‘‘(1) use of minority cadets and officers to pro13 vide information regarding the Coast Guard and the 

14 Academy to students in high schools; 

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

16 and guidance counselors to the Academy; 

17 ‘‘(3) to the extent authorized by the Secretary of 

18 the Navy, maximizing the use of the Naval Academy 

19 Preparatory School to prepare students to be cadets 

20 at the Coast Guard Academy; 

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

22 Guard to attend the Academy; 

23 ‘‘(5) establishment of a minority affairs office at 

24 the Academy; and 

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1 ‘‘(6) use of minority officers and members of the 

2 Coast Guard Reserve and Auxiliary to promote the 

3 Academy.’’. 

4 (2) CLERICAL AMENDMENT.—The table of sec5 tions for that chapter is amended by adding at the 

6 end the following new item: 

‘‘199. Minority recruiting program.’’. 

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

8 GUARD. 

9 (a) IN GENERAL.—Not later than January 15 of each 

10 year, the Commandant of the Coast Guard shall submit a 

11 report on the sexual assaults involving members of the Coast 

12 Guard to the Committee on Transportation and Infrastruc13 ture of the House of Representatives and the Committee on 

14 Commerce, Science, and Transportation of the Senate. 

15 (b) CONTENTS.—The report required under subsection 

16 (a) shall contain the following: 

17 (1) The number of sexual assaults against mem18 bers of the Coast Guard, and the number of sexual as19 saults by members of the Coast Guard, that were re20 ported to military officials during the year covered by 

21 such report, and the number of the cases so reported 

22 that were substantiated. 

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

24 taken in, each substantiated case. 

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1 (3) The policies, procedures, and processes imple2 mented by the Secretary concerned during the year 

3 covered by such report in response to incidents of sex4 ual assault involving members of the Coast Guard 

5 concerned. 

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

7 in the year following the year covered by such report 

8 on the prevention of and response to sexual assault 

9 involving members of the Coast Guard concerned. 

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

11 Section 96 of title 14, United States Code, is amend12 ed— 

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

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

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

16 United States’’. 

17 SEC. 221. MINORITY SERVING INSTITUTIONS. 

18 (a) MSI MANAGEMENT INTERNSHIP PROGRAM.— 

19 (1) ESTABLISHMENT AND PURPOSE.—The Com20 mandant of the Coast Guard shall establish a two 

21 part management internship program for students at 

22 minority serving institutions (MSI) to intern at 

23 Coast Guard headquarters or a Coast Guard regional 

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1 ship Program’’, to develop a cadre of civilian, career 

2 mid-level and senior managers for the Coast Guard. 

3 (2) OPERATION.—The MSI Management Intern4 ship Program shall be managed by the Secretary of 

5 Homeland Security, acting through the Commandant 

6 of the Coast Guard, in coordination with National 

7 Association for Equal Opportunity in Higher Edu8 cation, the Hispanic Association of Colleges and Uni9 versities, and the American Indian Higher Education 

10 Consortium and other non-profit educational organi11 zations that can undertake effective recruitment ef12 forts to attract minority students and students with 

13 disabilities. 

14 (3) CRITERIA FOR SELECTION.—Participation in 

15 the MSI Management Internship Program shall be 

16 open to sophomores, juniors, and seniors at minority 

17 serving institutions, with an emphasis on such stu18 dents who are majoring in management or business 

19 administration, international affairs, political 

20 science, marine sciences, criminal justice, or any 

21 other major related to homeland security. 

22 (4) AUTHORIZATION OF APPROPRIATIONS.— 

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

24 the Commandant to carry out this subsection. 

25 (b) MSI INITIATIVES.— 

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1 (1) ESTABLISHMENT OF MSI STUDENT PRE-COM2 MISSIONING INITIATIVE.—The Commandant of the 

3 Coast Guard shall establish an MSI component of the 

4 College Student Pre-Commissioning Initiative (to be 

5 known as the ‘‘MSI Student Pre-Commissioning Ini6 tiative Program’’) to ensure greater participation by 

7 students from MSIs in the College Student Pre-Com8 missioning Initiative. 

9 (2) PARTICIPATION IN OFFICER CANDIDATE

10 SCHOOL.—The Commandant of the Coast Guard shall 

11 ensure that graduates of the MSI Student Pre-Com12 missioning Initiative Program are included in the 

13 first enrollment for Officer Candidate School that 

14 commences after the date of enactment of this Act and 

15 each enrollment period thereafter. 

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

17 conclusion of each academic year with respect to 

18 which the College Student Pre-Commissioning Initia19 tive and the MSI Student Pre-Commissioning Initia20 tive Program is carried out beginning with the first 

21 full academic year after the date of the enactment of 

22 this Act, the Commandant shall submit to the Com23 mittee on Transportation and Infrastructure and the 

24 Committee on Homeland Security of the House of 

25 Representatives and the Committee on Commerce of 

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1 the Senate a report on the number of students in the 

2 College Student Pre-Commissioning Initiative and the 

3 number of students in the MSI Student Pre-Commis4 sioning Initiative Program, outreach efforts, and de5 mographic information of enrollees including, age, 

6 gender, race, and disability. 

7 (4) ESTABLISHMENT OF MSI AVIATION OFFICER

8 CORPS INITIATIVE.—The Commandant of the Coast 

9 Guard shall establish an MSI Aviation Officer Corps 

10 Initiative to increase the diversity of the Coast Guard 

11 Aviation Officer Corps through an integrated recruit12 ing, accession, training, and assignment process that 

13 offers guaranteed flight school opportunities to stu14 dents from minority serving institutions. 

15 (5) AUTHORIZATION OF APPROPRIATIONS.— 

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

17 the Commandant to carry out this subsection. 

18 (c) COAST GUARD-MSI COOPERATIVE TECHNOLOGY

19 PROGRAM.— 

20 (1) ESTABLISHMENT.—The Commandant of the 

21 Coast Guard shall establish a Coast Guard Labora22 tory of Excellence-MSI Cooperative Technology Pro23 gram at three minority serving institutions to focus 

24 on priority security areas for the Coast Guard, such 

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1 as global maritime surveillance, resilience, and recov2 ery. 

3 (2) COLLABORATION.—The Commandant shall 

4 encourage collaboration among the minority serving 

5 institutions selected under paragraph (1) and institu6 tions of higher education with institutional research 

7 and academic program resources and experience. 

8 (3) PARTNERSHIPS.—The heads of the labora9 tories established at the minority serving institutions 

10 pursuant to paragraph (1) may seek to establish part11 nerships with the private sector, especially small, dis12 advantaged businesses, to— 

13 (A) develop increased research and develop14 ment capacity; 

15 (B) increase the number of baccalaureate 

16 and graduate degree holders in science, tech17 nology, engineering, mathematics (STEM), and 

18 information technology or other fields critical to 

19 the mission of the Coast Guard; and 

20 (C) strengthen instructional ability among 

21 faculty. 

22 (4) AUTHORIZATION OF APPROPRIATIONS.— 

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

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

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

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

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

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

13 TITLE III—SHIPPING AND 

14 NAVIGATION 

15 SEC. 301. GOODS AND SERVICES. 

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

17 known as the Rivers and Harbors Appropriation Act of 

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

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

20 (2)(C); 

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

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

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

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

3 watercraft primarily engaged in foreign commerce).’’. 

4 SEC. 302. SEAWARD EXTENSION OF ANCHORAGE GROUNDS 

5 JURISDICTION. 

6 Section 7 of the Rivers and Harbors Appropriations 

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

8 (1) by striking ‘‘That the’’ and inserting the fol9 lowing: 

10 ‘‘(a) IN GENERAL.—The’’. 

11 (2) in subsection (a) (as designated by para12 graph (1)) by striking ‘‘$100; and the’’ and inserting 

13 ‘‘up to $10,000. Each day during which a violation 

14 continues shall constitute a separate violation. The’’; 

15 and 

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

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

18 waters of the United States’ includes all waters of the terri19 torial sea of the United States as described in Presidential 

20 Proclamation No. 5928 of December 27, 1988.’’. 

21 SEC. 303. MARITIME DRUG LAW ENFORCEMENT ACT AMEND22 MENT-SIMPLE POSSESSION. 

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

24 amended by adding at the end the following: 

25 ‘‘(c) SIMPLE POSSESSION.— 

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

2 subject to the jurisdiction of the United States who is 

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

6 meaning of the Controlled Substances Act (21 U.S.C. 

7 812) shall be liable to the United States for a civil 

8 penalty of not to exceed $10,000 for each violation. 

9 The Secretary shall notify the individual in writing 

10 of the amount of the civil penalty. 

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

13 consider the nature, circumstances, extent, and grav14 ity of the prohibited acts committed and, with respect 

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

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

17 that justice requires. 

18 ‘‘(3) TREATMENT OF CIVIL PENALTY ASSESS19 MENT.—Assessment of a civil penalty under this sub20 section shall not be considered a conviction for pur21 poses of State or Federal law but may be considered 

22 proof of possession if such a determination is rel23 evant.’’. 

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

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

4 United States Code, is amended— 

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

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

8 and inserting ‘‘that arrives’’; 

9 (3) in subparagraph (B)— 

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

11 ‘‘that makes’’; and 

12 (B) by striking ‘‘(except a foreign vessel en13 gaged on that voyage)’’; 

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

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

17 and inserting ‘‘that makes’’. 

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

19 that title is amended by striking ‘‘intended to be engaged 

20 on’’ and inserting ‘‘that engages on’’. 

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

22 amended— 

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

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

26 chapter applies to any vessel for which the application of 

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1 an international agreement or other law of the United 

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

3 (2) in subsection (b)— 

4 (A) in paragraph (1), by striking the period 

5 at the end and inserting ‘‘, unless the govern6 ment of the country to which the vessel belongs 

7 elects to measure the vessel under this chapter.’’; 

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

9 United States or Canadian registry or nation10 ality, or a vessel operated under the authority of 

11 the United States or Canada, and that is’’ after 

12 ‘‘vessel’’; 

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

14 (except a vessel engaged’’ and inserting ‘‘a vessel 

15 of United States registry or nationality, or one 

16 operated under the authority of the United 

17 States (except a vessel that engages’’; 

18 (D) by striking paragraph (5); 

19 (E) by redesignating paragraph (6) as 

20 paragraph (5); and 

21 (F) by amending paragraph (5), as so re22 designated, to read as follows: 

23 ‘‘(5) a barge of United States registry or nation24 ality, or a barge operated under the authority of the 

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1 United States (except a barge that engages on a for2 eign voyage) unless the owner requests.’’; 

3 (3) by striking subsection (c); 

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

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

6 (5) in subsection (c), as redesignated, by striking 

7 ‘‘After July 18, 1994, an existing vessel (except an ex8 isting vessel referred to in subsection (b)(5)(A) or (B) 

9 of this section)’’ and inserting ‘‘An existing vessel that 

10 has not undergone a change that the Secretary finds 

11 substantially affects the vessel’s gross tonnage (or a 

12 vessel to which IMO Resolutions A.494 (XII) of No13 vember 19, 1981, A.540 (XIII) of November 17, 1983, 

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

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

16 amended to read as follows: 

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

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

19 (e) TONNAGE CERTIFICATE.— 

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

21 States Code, is amended— 

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

23 the following: ‘‘For a vessel to which the Conven24 tion does not apply, the Secretary shall prescribe 

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1 a certificate to be issued as evidence of a vessel’s 

2 measurement under this chapter.’’; 

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

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

5 (C) in the section heading by striking 

6 ‘‘International’’ and ‘‘(1969)’’. 

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

8 is amended— 

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

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

12 subsection: 

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

14 the Secretary.’’. 

15 (3) CLERICAL AMENDMENT.—The analysis at the 

16 beginning of chapter 143 of that title is amended by 

17 striking the item relating to section 14303 and insert18 ing the following: 

‘‘14303. Tonnage Certificate.’’. 

19 (f) OPTIONAL REGULATORY MEASUREMENT.—Section 

20 14305(a) of that title is amended by striking ‘‘documented 

21 vessel measured under this chapter,’’ and inserting ‘‘vessel 

22 measured under this chapter that is of United States reg23 istry or nationality, or a vessel operated under the author24 ity of the United States,’’. 

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

2 amended— 

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

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

6 this title if the application of an international agree7 ment or other law of the United States to the vessel 

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

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

10 inserting ‘‘A vessel’’. 

11 (h) DUAL TONNAGE MEASUREMENT.—Section 

12 14513(c) of that title is amended— 

13 (1) in paragraph (1)— 

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

15 below the uppermost part of the load line 

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

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

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

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

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

22 the end and inserting ‘‘as assigned under this sec23 tion.’’. 

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1 (i) RECIPROCITY FOR FOREIGN VESSELS.—Sub2 chapter II of chapter 145 of that title is amended by adding 

3 at the end the following: 

4 ‘‘§ 14514. Reciprocity for foreign vessels 

5 ‘‘For a foreign vessel not measured under chapter 143, 

6 if the Secretary finds that the laws and regulations of a 

7 foreign country related to measurement of vessels are sub8 stantially similar to those of this chapter and the regula9 tions prescribed under this chapter, the Secretary may ac10 cept the measurement and certificate of a vessel of that for11 eign country as complying with this chapter and the regula12 tions prescribed under this chapter.’’. 

13 (j) CLERICAL AMENDMENT.—The analysis for sub14 chapter II of chapter 145 of such title is amended by adding 

15 at the end the following: 

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

16 SEC. 305. ADJUSTMENT OF LIABILITY LIMITS FOR NATURAL 

17 GAS DEEPWATER PORTS. 

18 Section 1004(d)(2) of the Oil Pollution Act of 1990 (33 

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

20 following: 

21 ‘‘(D) The Secretary may establish, by regu22 lation, a limit of liability of not less than 

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

24 connection with transportation of natural gas.’’. 

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1 SEC. 306. PERIOD OF LIMITATIONS FOR CLAIMS AGAINST 

2 OIL SPILL LIABILITY TRUST FUND. 

3 Section 1012(h)(1) of the Oil Pollution Act of 1990 (33 

4 U.S.C. 2712(h)(1)) is amended by striking ‘‘6’’ and insert5 ing ‘‘3’’. 

6 SEC. 307. MERCHANT MARINER DOCUMENT STANDARDS. 

7 Not later than 270 days after the date of enactment 

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

9 Coast Guard is operating shall submit to the Committee 

10 on Transportation and Infrastructure of the House of Rep11 resentatives and the Committee on Commerce, Science, and 

12 Transportation of the Senate— 

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

15 for, a transportation security card under section 

16 70105 of title 46, United States Code, for a merchant 

17 mariner document can be completed entirely by mail; 

18 and 

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

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

22 a biometric identifier, and all relevant international 

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

25 seafarers identity document, and include a review on 

26 whether or not such redesign will eliminate the need 

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1 for separate credentials and background screening 

2 and streamline the application process for mariners. 

3 SEC. 308. REPORT ON COAST GUARD DETERMINATIONS. 

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

5 the Secretary of Homeland Security shall provide to the 

6 Committee on Transportation and Infrastructure of the 

7 House of Representatives and the Committee on Commerce, 

8 Science, and Transportation of the Senate a report on the 

9 loss of United States shipyard jobs and industrial base ex10 pertise as a result of rebuild, conversion, and double-hull 

11 work on United States-flag vessels eligible to engage in the 

12 coastwise trade being performed in foreign shipyards, en13 forcement of the Coast Guard’s foreign rebuild determina14 tion regulations, and recommendations for improving the 

15 transparency in the Coast Guard’s foreign rebuild deter16 mination process. 

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

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

20 shall conduct a study— 

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

22 of exhaust emissions reduction technology on cargo or 

23 passenger ships that operate in United States waters 

24 and ports; and 

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

2 laws, regulations, and other requirements that affect 

3 the ability of any entity to effectively demonstrate on4 board technology for the reduction of contaminated 

5 emissions from ships. 

6 (b) REPORT.—Within 180 days after the date of enact7 ment of this Act, the Commandant shall submit a report 

8 on the results of the study conducted under subsection (a) 

9 to the Committee on Transportation and Infrastructure of 

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

12 SEC. 310. PHASEOUT OF VESSELS SUPPORTING OIL AND 

13 GAS DEVELOPMENT. 

14 (a) IN GENERAL.—Notwithstanding section 12111(d) 

15 of title 46, United States Code, foreign-flag vessels may be 

16 chartered by, or on behalf of, a lessee to be employed for 

17 the setting, relocation, or recovery of anchors or other moor18 ing equipment of a mobile offshore drilling unit that is lo19 cated over the Outer Continental Shelf (as defined in section 

20 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 

21 1331(a)) for operations in support of exploration, or flow22 testing and stimulation of wells, for offshore mineral or en23 ergy resources in the Beaufort Sea or the Chukchi Sea adja24 cent to Alaska— 

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

2 gives the Secretary of Transportation written notice 

3 of the commencement of such exploration drilling if 

4 the Secretary determines, after publishing notice in 

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

7 States Code, are reasonably available and suitable for 

8 these support operations and all such reasonably 

9 available and suitable vessels are employed in support 

10 of such operations; and 

11 (2) for an additional period until such vessels 

12 are available if the Secretary of Transportation deter13 mines— 

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

15 the commencement of exploration drilling, the 

16 lessee has entered into a binding agreement to 

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

19 United States Code, in sufficient numbers and 

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

22 and 

23 (B) after publishing notice in the Federal 

24 Register, that insufficient vessels documented 

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

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1 Code, are reasonably available and suitable for 

2 these support operations and all such reasonably 

3 available and suitable vessels are employed in 

4 support of such operations. 

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

6 commitment referred to in subsection (a)(2)(A) occurs, for7 eign-flag anchor handling vessels may not be employed for 

8 the setting, relocation, or recovery of anchors or other moor9 ing equipment of a mobile offshore drilling unit after De10 cember 31, 2017. 

11 (c) LESSEE DEFINED.—In this section, the term ‘‘les12 see’’ means the holder of a lease (as defined in section 

13 1331(c) of title 43, United States Code), who, prior to giv14 ing the written notice in subsection (a)(1), has entered into 

15 a binding agreement to employ a suitable vessel documented 

16 or to be documented under 12111(d) of title 46, United 

17 States Code. 

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

19 may be construed to authorize the employment in the coast20 wise trade of a vessel that does not meet the requirements 

21 of 12111 of title 46, United States Code. 

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

24 (a) PURPOSE.—The purpose of this section is to ensure 

25 safe, secure, and reliable maritime shipping in the Arctic 

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1 including the availability of aids to navigation, vessel es2 corts, spill response capability, and maritime search and 

3 rescue in the Arctic. 

4 (b) INTERNATIONAL MARITIME ORGANIZATION AGREE5 MENTS.—To carry out the purpose of this section, the Sec6 retary of the department in which the Coast Guard is oper7 ating shall work through the International Maritime Orga8 nization to establish agreements to promote coordinated ac9 tion among the United States, Russia, Canada, Iceland, 

10 Norway, and Denmark and other seafaring and Arctic na11 tions to ensure, in the Arctic— 

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

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

16 (3) oil spill prevention and response capability; 

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

19 (5) search and rescue. 

20 (c) COORDINATION BY COMMITTEE ON THE MARITIME

21 TRANSPORTATION SYSTEM.—The Committee on the Mari22 time Transportation System established under a directive 

23 of the President in the Ocean Action Plan, issued December 

24 17, 2004, shall coordinate the establishment of domestic 

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1 transportation policies in the Arctic necessary to carry out 

2 the purpose of this section. 

3 (d) AGREEMENTS AND CONTRACTS.—The Secretary of 

4 the department in which the Coast Guard is operating may, 

5 subject to the availability of appropriations, enter into co6 operative agreements, contracts, or other agreements with, 

7 or make grants to individuals and governments to carry 

8 out the purpose of this section or any agreements established 

9 under subsection (b). 

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

11 in which the Coast Guard is operating shall promote safe 

12 maritime navigation by means of icebreaking where needed 

13 to assure the reasonable demands of commerce. 

14 (f) DEMONSTRATION PROJECTS.—The Secretary of 

15 Transportation may enter into cooperative agreements, con16 tracts, or other agreements with, or make grants to, individ17 uals to conduct demonstration projects to reduce emissions 

18 or discharges from vessels operating in the Arctic. 

19 (g) AUTHORIZATION OF APPROPRIATIONS.—There are 

20 authorized to be appropriated— 

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

22 the Coast Guard is operating— 

23 (A) $5,000,000 for each of fiscal years 2011 

24 through 2015 for seasonal operations in the Arc25 tic; and 

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

2 2012 through 2015 to carry out agreements es3 tablished under subsection (d); and 

4 (2) to the Secretary of Transportation 

5 $5,000,000 for each of fiscal years 2011 through 2015 

6 to conduct demonstration projects under subsection 

7 (f). 

8 (h) ICEBREAKERS.— 

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

10 date of enactment of this Act or the date of completion 

11 of the ongoing High Latitude Study to assess Arctic 

12 polar ice-breaking mission requirements, which ever 

13 occurs later, the Commandant of the Coast Guard 

14 shall— 

15 (A) conduct a comparative cost-benefit anal16 ysis of— 

17 (i) rebuilding, renovating, or improv18 ing the existing fleet of icebreakers for oper19 ation by the Coast Guard, 

20 (ii) constructing new icebreakers for 

21 operation by the Coast Guard, and 

22 (iii) any combination of the activities 

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

24 out the missions of the Coast Guard; and 

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1 (B) conduct an analysis of the impact on 

2 mission capacity and the ability of the United 

3 States to maintain a presence in the Arctic re4 gions through the year 2020 if recapitalization of 

5 the icebreaker fleet, either by constructing new 

6 icebreakers or rebuilding, renovating, or improv7 ing the existing fleet of icebreakers, is not fully 

8 funded. 

9 (2) REPORTS TO CONGRESS.— 

10 (A) Not later than 90 days after the date of 

11 enactment of this Act or the date of completion 

12 of the ongoing High Latitude Study to assess 

13 Arctic ice-breaking mission requirements, which 

14 ever occurs later, the Commandant of the Coast 

15 Guard shall submit a report containing the re16 sults of the study, together with recommendations 

17 the Commandant deems appropriate under sec18 tion 93(a)(24) of title 14, United States Code, to 

19 the Senate Committee on Commerce, Science, 

20 and Transportation and the House of Represent21 atives Committee on Transportation and Infra22 structure. 

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

24 enactment of this Act, the Commandant shall 

25 submit reports containing the results of the analmstockstill on DSKH9S0YB1PROD with BILLS

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1 yses required under subparagraphs (A) and (B) 

2 of paragraph (1), together with recommendations 

3 the Commandant deems appropriate under sec4 tion 93(a)(24) of title 14, United States Code, to 

5 the Senate Committee on Commerce, Science, 

6 and Transportation and the House of Represent7 atives Committee on Transportation and Infra8 structure. 

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

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

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

12 SEC. 312. SUPPLEMENTAL POSITIONING SYSTEM. 

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

14 (1) In August 2006, the Department of Trans15 portation and Department of Homeland Security 

16 sponsored the formation of an Independent Assess17 ment Team to review the need for enhanced Loran 

18 (eLORAN) as a supplement to the Global Positioning 

19 System (GPS). 

20 (2) In December 2006, the Independent Assess21 ment Team unanimously recommended that eLORAN 

22 be completed and retained as the national backup sys23 tem for critical safety of life, national and economic 

24 security, and quality of life applications currently 

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1 that are reliant on position, time, or frequency from 

2 GPS. 

3 (3) Based on the Independent Assessment Team 

4 report, the Department of Transportation and De5 partment of Homeland Security jointly recommended 

6 in March 2007 that eLORAN be the national backup 

7 for GPS. 

8 (4) The Department of Homeland Security for9 mally announced on February 7, 2008, its intention 

10 to implement eLORAN as a national positioning, 

11 navigation, and timing system to complement the 

12 GPS in the even of an outage or disruption in serv13 ice. 

14 (5) A recent outage of GPS services in California 

15 due to an unintentional jamming incident resulted in 

16 the shutdown of the Coast Guard’s maritime Differen17 tial Global Positions System program and the Auto18 matic Identification System, caused disruption to ves19 sel and aircraft operations, and severely degraded 

20 transmissions at over 150 cell phone base stations. 

21 (6) In January 2009, the Independent Assess22 ment Team reiterated its unanimous recommendation 

23 that the Federal Government commit to operating the 

24 eLORAN system as a backup to GPS for not less than 

25 a 20-year period. 

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1 (b) REQUIRED ACTIONS.—The Secretary of the depart2 ment in which the Coast Guard is operating— 

3 (1) shall establish eLORAN as the supplemental 

4 navigation system for the United States; 

5 (2) shall submit to the Committee on Transpor6 tation and Infrastructure of the House of Representa7 tives and the Committee on Commerce, Science, and 

8 Transportation of the Senate— 

9 (A) a plan for modernizing the remaining 

10 LORAN–C stations; 

11 (B) a timeline for the completion of such 

12 modernization; and 

13 (C) a comprehensive estimate of the costs 

14 associated with modernizing LORAN–C infra15 structure to meet eLORAN specifications; and 

16 (3) may not take action to terminate or decom17 mission the LORAN–C program until 30 days after 

18 the Secretary certifies to the Committee on Transpor19 tation and Infrastructure of the House of Representa20 tives and the Committee on Commerce, Science, and 

21 Transportation of the Senate that the eLORAN sys22 tem is operational. 

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1 SEC. 313. DUAL ESCORT VESSELS FOR DOUBLE HULLED 

2 TANKERS IN PRINCE WILLIAM SOUND, ALAS3 KA. 

4 (a) IN GENERAL.—Section 4116(c) of the Oil Pollution 

5 Act of 1990 (46 U.S.C. 3703 note; Public Law 101–380) 

6 is amended— 

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

8 inserting the following: 

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

10 and 

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

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

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

14 paragraph (1) relating to single hulled tankers 

15 in Prince William Sound, Alaska, described in 

16 that paragraph being escorted by at least 2 tow17 ing vessels or other vessels considered to be ap18 propriate by the Secretary (including regulations 

19 promulgated in accordance with section 

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

21 forth in part 168 of title 33, Code of Federal 

22 Regulations (as in effect on March 1, 2009), im23 plementing this subsection with respect to those 

24 tankers) shall apply to double hulled tankers over 

25 5,000 gross tons transporting oil in bulk in 

26 Prince William Sound, Alaska. 

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1 ‘‘(B) IMPLEMENTATION OF REQUIRE2 MENTS.—The Secretary of the Federal agency 

3 with jurisdiction over the Coast Guard shall 

4 carry out subparagraph (A) by order without no5 tice and hearing pursuant to section 553 of title 

6 5, United States Code.’’. 

7 (b) EFFECTIVE DATE.—The amendments made by sub8 section (a) take effect on the date that is 90 days after the 

9 date of enactment of this Act. 

10 TITLE IV—GREAT LAKES 

11 ICEBREAKER 

12 SEC. 401. SHORT TITLE. 

13 This title may be cited as the ‘‘Great Lakes Icebreaker 

14 Replacement Act’’. 

15 SEC. 402. FINDINGS. 

16 Congress finds that— 

17 (1) five of the Coast Guard’s Great Lakes ice18 breakers are nearing the end of their useful lives; 

19 (2) two other Coast Guard icebreaking assets 

20 have experienced difficulty in heavy ice conditions; 

21 (3) during the spring of 2008, United States-flag 

22 vessels operating on the Great Lakes suffered more 

23 than $1,300,000 in damages to their hulls because the 

24 Coast Guard did not have enough assets available to 

25 keep Great Lakes shipping lanes open; 

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1 (4) during the 2006–2007 ice season, shipments 

2 of iron ore, coal, and limestone on the Great Lakes ex3 ceeded 20,000,000 tons; 

4 (5) during the 2006–2007 ice season, the trans5 portation of 10,400,000 tons of iron ore on the Great 

6 Lakes helped support 100,000 jobs at steel mills and 

7 300,000 jobs at supplier industries by keeping those 

8 industries working during the winter season; and 

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

10 Great Lakes during the 2006–2007 ice season kept the 

11 Great Lakes region supplied with electricity. 

12 SEC. 403. AUTHORIZATION OF APPROPRIATIONS. 

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

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

15 acquisition, and construction of a combined buoy tender16 icebreaker to replace icebreaking capacity on the Great 

17 Lakes, to remain available until expended. 

18 TITLE V—ACQUISITION REFORM 

19 SEC. 501. SHORT TITLE. 

20 This title may be cited as the ‘‘Coast Guard Acquisi21 tion Reform Act of 2009’’. 

22 SEC. 502. DEFINITIONS. 

23 In this title, the following definitions apply: 

24 (1) APPROPRIATE CONGRESSIONAL COMMIT25 TEES.—The term ‘‘appropriate congressional commitmstockstill on DSKH9S0YB1PROD with BILLS

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1 tees’’ means the Committee on Transportation and 

2 Infrastructure of the House of Representatives and the 

3 Committee on Commerce, Science, and Transpor4 tation of the Senate. 

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

6 means the Commandant of the Coast Guard. 

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

8 acquisition’’ means— 

9 (A) an acquisition by the Coast Guard— 

10 (i) the estimated life-cycle costs of 

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

12 (ii) the estimated total acquisition 

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

14 (B) any acquisition that the Chief Acquisi15 tion Officer of the Coast Guard determines to 

16 have a special interest— 

17 (i) due to— 

18 (I) the experimental or technically 

19 immature nature of the asset; 

20 (II) the technological complexity 

21 of the asset; 

22 (III) the commitment of resources; 

23 or 

24 (IV) the nature of the capability 

25 or set of capabilities to be achieved; or 

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1 (ii) because such acquisition is a joint 

2 acquisition. 

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

4 acquisition’’ means an acquisition by the Coast 

5 Guard— 

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

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

8 greater than $300,000,000; or 

9 (B) the estimated total acquisition costs of 

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

11 but greater than $100,000,000. 

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

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

14 construction, and operations and support for a par15 ticular capability or asset, without regard to funding 

16 source or management control. 

17 Subtitle A—Restrictions on the Use 

18 of Lead Systems Integrators 

19 SEC. 511. PROCUREMENT STRUCTURE. 

20 (a) IN GENERAL.— 

21 (1) USE OF LEAD SYSTEMS INTEGRATOR.—Ex22 cept as provided in subsection (b), the Commandant 

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

24 integrator for an acquisition contract awarded or de25 livery order or task order issued after the end of the 

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1 180-day period beginning on the date of enactment of 

2 this Act. 

3 (2) FULL AND OPEN COMPETITION.—The Com4 mandant and any lead systems integrator engaged by 

5 the Coast Guard shall use full and open competition 

6 for any acquisition contract awarded after the date of 

7 enactment of this Act, unless otherwise excepted in ac8 cordance with Federal acquisition laws and regula9 tions promulgated under those laws, including the 

10 Federal Acquisition Regulation. 

11 (3) NO EFFECT ON SMALL BUSINESS ACT.—Noth12 ing in this subsection shall be construed to supersede 

13 or otherwise affect the authorities provided by and 

14 under the Small Business Act (15 U.S.C. 631 et seq.). 

15 (b) EXCEPTIONS.— 

16 (1) NATIONAL DISTRESS AND RESPONSE SYSTEM

17 MODERNIZATION PROGRAM; NATIONAL SECURITY CUT18 TERS 2 AND 3.—Notwithstanding subsections (a) and 

19 (e), the Commandant may use a private sector entity 

20 as a lead systems integrator for the Coast Guard to 

21 complete the National Distress and Response System 

22 Modernization Program (otherwise known as the 

23 ‘‘Rescue 21’’ program) and National Security Cutters 

24 2 and 3. 

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1 (2) COMPLETION OF ACQUISITION BY LEAD SYS2 TEMS INTEGRATOR.—Notwithstanding subsection (a), 

3 the Commandant may use a private sector entity as 

4 a lead systems integrator for the Coast Guard— 

5 (A) to complete any delivery order or task 

6 order, including the exercise of previously estab7 lished options on a delivery order or task order 

8 that was issued to a lead systems integrator on 

9 or before the date that is 180 days after the date 

10 of enactment of this Act without any change in 

11 the quantity of capabilities or assets or the spe12 cific type of capabilities or assets covered by the 

13 order; 

14 (B) for a contract awarded after the date 

15 that is 180 days after the date of enactment of 

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

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

18 C4ISR system, if the requirements of subsection 

19 (c) are met with respect to such acquisitions; 

20 (C) for a contract awarded after the date 

21 that is 180 days after the date of enactment of 

22 this Act for acquisition of, or in support of, Mar23 itime Patrol Aircraft, if the requirements of sub24 section (c) are met with respect to such an acqui25 sition; and 

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

2 additional National Security Cutters or Mari3 time Patrol Aircraft, if the Commandant deter4 mines that— 

5 (i) the acquisition is in accordance 

6 with Federal acquisition laws and regula7 tions promulgated under those laws, includ8 ing the Federal Acquisition Regulation; 

9 (ii) the acquisition and the use of a 

10 private sector entity as a lead systems inte11 grator for the acquisition are in the best in12 terest of the Federal Government; and 

13 (iii) the requirements of subsection (c) 

14 are met with respect to such acquisition. 

15 (3) REPORT ON DECISIONMAKING PROCESS.—If 

16 the Commandant determines under subparagraph 

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

18 Guard will use a private sector lead systems inte19 grator for an acquisition, the Commandant shall no20 tify in writing the appropriate congressional commit21 tees of the Commandant’s determination and shall 

22 provide a detailed rationale for the determination, at 

23 least 30 days before the award of a contract or 

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

25 private sector lead systems integrator, including a 

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1 comparison of the cost of the acquisition through the 

2 private sector lead systems integrator with the ex3 pected cost if the acquisition were awarded directly to 

4 the manufacturer or shipyard. For purposes of that 

5 comparison, the cost of award directly to a manufac6 turer or shipyard shall include the costs of Govern7 ment contract management and oversight. 

8 (c) LIMITATION ON LEAD SYSTEMS INTEGRATORS.— 

9 Neither an entity performing lead systems integrator func10 tions for a Coast Guard acquisition nor a Tier 1 subcon11 tractor for any acquisition described in subparagraph (B), 

12 (C), or (D) of subsection (b)(2) may have a financial inter13 est in a subcontractor below the Tier 1 subcontractor level 

14 unless— 

15 (1) the subcontractor was selected by the prime 

16 contractor through full and open competition for such 

17 procurement; 

18 (2) the procurement was awarded by the lead 

19 systems integrator or a subcontractor through full and 

20 open competition; 

21 (3) the procurement was awarded by a subcon22 tractor through a process over which the lead systems 

23 integrator or a Tier 1 subcontractor exercised no con24 trol; or 

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1 (4) the Commandant has determined that the 

2 procurement was awarded in a manner consistent 

3 with Federal acquisition laws and regulations pro4 mulgated under those laws, including the Federal Ac5 quisition Regulation. 

6 (d) RULE OF CONSTRUCTION.—The limitation in sub7 section (b)(1)(A) on the quantity and specific type of assets 

8 to which subsection (b) applies shall not be construed to 

9 apply to the modification of the number or type of any sub10 systems or other components of a vessel or aircraft described 

11 in subparagraph (B), (C), or (D) of subsection (b)(2). 

12 (e) TERMINATION DATE FOR EXCEPTIONS.—Except as 

13 described in subsection (b)(1), the Commandant may not 

14 use a private sector entity as a lead systems integrator for 

15 acquisition contracts awarded, or task orders or delivery 

16 orders issued, after the earlier of— 

17 (1) September 30, 2011; or 

18 (2) the date on which the Commandant certifies 

19 in writing to the appropriate congressional commit20 tees that the Coast Guard has available and can re21 tain sufficient acquisition workforce personnel and ex22 pertise within the Coast Guard, through an arrange23 ment with other Federal agencies, or through con24 tracts or other arrangements with private sector enti25 ties, to perform the functions and responsibilities of 

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1 the lead systems integrator in an efficient and cost2 effective manner. 

3 Subtitle B—Coast Guard 

4 Acquisition Policy 

5 SEC. 521. OPERATIONAL REQUIREMENTS. 

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

7 program may be initiated by the Coast Guard, and no pro8 duction contract may be awarded for such an acquisition, 

9 unless the Commandant has approved an operational re10 quirement for such acquisition. 

11 (b) OPERATIONAL REQUIREMENT FOR ACQUISITION

12 PROGRAMS.— 

13 (1) IN GENERAL.—The Commandant shall estab14 lish mature and stable operational requirements for 

15 acquisition programs. 

16 (2) ELEMENTS.—Prior to establishing oper17 ational requirements under paragraph (1), the Com18 mandant shall— 

19 (A) prepare a preliminary statement of 

20 need, a concept of operations, an analysis of al21 ternatives or the equivalent, an estimate of life22 cycle costs, and requirements for interoperability 

23 with other capabilities and assets within and ex24 ternal to the Coast Guard; and 

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1 (B) in preparing the concept of operations 

2 under subparagraph (A), coordinate with acqui3 sition and support professionals, requirements 

4 officials, operational users and maintainers, and 

5 resource officials who can ensure the appropriate 

6 consideration of performance, cost, schedule and 

7 risk trade-offs. 

8 (c) CONSIDERATION OF TRADE-OFFS.—In establishing 

9 operational requirements under subsection (a), the Com10 mandant shall develop and implement mechanisms to en11 sure that trade-offs among performance, cost, schedule, and 

12 risk are considered in the establishment of operational re13 quirements for development and production of a Level 1 or 

14 Level 2 acquisition. 

15 (d) ELEMENTS.—The mechanisms required under this 

16 section shall ensure at a minimum that Coast Guard offi17 cials responsible for acquisition management, budget, and 

18 cost estimating functions have the authority to develop cost 

19 estimates and raise cost and schedule matters at any point 

20 in the process of establishing operational requirements for 

21 a Level 1 or Level 2 acquisition. 

22 SEC. 522. REQUIRED CONTRACT TERMS. 

23 (a) IN GENERAL.—The Commandant shall ensure that 

24 a contract awarded or a delivery order or task order issued 

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1 pected service life of 10 years and with a total acquisition 

2 cost that is equal to or exceeds $10,000,000 awarded or 

3 issued by the Coast Guard after the date of enactment of 

4 this Act— 

5 (1) provides that all certifications for an end6 state capability or asset under such contract, delivery 

7 order, or task order, respectively, will be conducted by 

8 the Commandant or an independent third party, and 

9 that self-certification by a contractor or subcontractor 

10 is not allowed; 

11 (2) requires that the Commandant shall main12 tain the authority to establish, approve, and main13 tain technical requirements; 

14 (3) requires that any measurement of contractor 

15 and subcontractor performance be based on the status 

16 of all work performed, including the extent to which 

17 the work performed met all performance, cost, and 

18 schedule requirements; 

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

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

21 which compliance with TEMPEST certification is a 

22 requirement, the standard for determining such com23 pliance will be the air, surface, or shore standard then 

24 used by the Department of the Navy for that type of 

25 capability or asset; and 

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1 (5) for any contract awarded to acquire an Off2 shore Patrol Cutter, includes provisions specifying the 

3 service life, fatigue life, and days underway in gen4 eral Atlantic and North Pacific Sea conditions, max5 imum range, and maximum speed the cutter will be 

6 built to achieve. 

7 (b) PROHIBITED CONTRACT PROVISIONS.—The Com8 mandant shall ensure that any contract awarded or deliv9 ery order or task order issued by the Coast Guard after the 

10 date of enactment of this Act does not include any provision 

11 allowing for equitable adjustment that differs from the Fed12 eral Acquisition Regulation. 

13 (c) EXTENSION OF PROGRAM.—Any contract, contract 

14 modification, or award term extending a contract with a 

15 lead systems integrator— 

16 (1) shall not include any minimum requirements 

17 for the purchase of a given or determinable number 

18 of specific capabilities or assets; and 

19 (2) shall be reviewed by an independent third 

20 party with expertise in acquisition management, and 

21 the results of that review shall be submitted to the ap22 propriate congressional committees at least 60 days 

23 prior to the award of the contract, contract modifica24 tion, or award term. 

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1 SEC. 523. LIFE-CYCLE COST ESTIMATES. 

2 (a) IN GENERAL.—The Commandant shall implement 

3 mechanisms to ensure the development and regular updat4 ing of life-cycle cost estimates for each acquisition with a 

5 total acquisition cost that equals or exceeds $10,000,000 and 

6 an expected service life of 10 years, and to ensure that these 

7 estimates are considered in decisions to develop or produce 

8 new or enhanced capabilities and assets. 

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

10 cost estimates that may be developed by acquisition pro11 gram offices, the Commandant shall require that an inde12 pendent life-cycle cost estimate be developed for each Level 

13 1 or Level 2 acquisition program or project. 

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

15 2 acquisition program or project the Commandant shall re16 quire that life-cycle cost estimates shall be updated before 

17 each milestone decision is concluded and the program or 

18 project enters a new acquisition phase. 

19 SEC. 524. TEST AND EVALUATION. 

20 (a) TEST AND EVALUATION MASTER PLAN.— 

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

22 acquisition program or project the Coast Guard Chief 

23 Acquisition Officer must approve a Test and Evalua24 tion Master Plan specific to the acquisition program 

25 or project for the capability, asset, or sub-systems of 

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1 nical, cost, and schedule risk as early as practicable 

2 in the development of the program or project. 

3 (2) TEST AND EVALUATION STRATEGY.—The 

4 TEMP shall— 

5 (A) set forth an integrated test and evalua6 tion strategy that will verify that capability-level 

7 or asset-level and sub-system-level design and de8 velopment, including performance and 

9 supportability, have been sufficiently proven be10 fore the capability, asset, or sub-system of the ca11 pability or asset is approved for production; and 

12 (B) require that adequate developmental 

13 tests and evaluations and operational tests and 

14 evaluations established under subparagraph (A) 

15 are performed to inform production decisions. 

16 (3) OTHER COMPONENTS OF TEMP.—At a min17 imum, the TEMP shall identify— 

18 (A) the key performance parameters to be 

19 resolved through the integrated test and evalua20 tion strategy; 

21 (B) critical operational issues to be assessed 

22 in addition to the key performance parameters; 

23 (C) specific development test and evaluation 

24 phases and the scope of each phase; 

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1 (D) modeling and simulation activities to 

2 be performed, if any, and the scope of such ac3 tivities; 

4 (E) early operational assessments to be per5 formed, if any, and the scope of such assess6 ments; 

7 (F) operational test and evaluation phases; 

8 (G) an estimate of the resources, including 

9 funds, that will be required for all test, evalua10 tion, assessment, modeling, and simulation ac11 tivities; and 

12 (H) the Government entity or independent 

13 entity that will perform the test, evaluation, as14 sessment, modeling, and simulation activities. 

15 (4) UPDATE.—The Coast Guard Chief Acquisi16 tion Officer shall approve an updated TEMP when17 ever there is a revision to program or project test and 

18 evaluation strategy, scope, or phasing. 

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

20 (A) proceed past that phase of the acquisi21 tion process that entails approving the sup22 porting acquisition of a capability or asset before 

23 the TEMP is approved by the Coast Guard Chief 

24 Acquisition Officer; or 

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1 (B) award any production contract for a 

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

3 TEMP is required under this subsection before 

4 the TEMP is approved by the Coast Guard Chief 

5 Acquisition Officer. 

6 (b) TESTS AND EVALUATIONS.— 

7 (1) IN GENERAL.—The Commandant shall en8 sure that the Coast Guard conducts developmental 

9 tests and evaluations and operational tests and eval10 uations of a capability or asset and the sub-systems 

11 of the capability or asset for which a TEMP has been 

12 prepared under subsection (a). 

13 (2) USE OF THIRD PARTIES.—The Commandant 

14 shall ensure that the Coast Guard uses third parties 

15 with expertise in testing and evaluating the capabili16 ties or assets and the sub-systems of the capabilities 

17 or assets being acquired to conduct developmental 

18 tests and evaluations and operational tests and eval19 uations whenever the Coast Guard lacks the capa20 bility to conduct the tests and evaluations required by 

21 a TEMP. 

22 (3) COMMUNICATION OF SAFETY CONCERNS.— 

23 The Commandant shall require that safety concerns 

24 identified during developmental or operational tests 

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1 ment-conducted design assessments of capabilities or 

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

3 acquired by the Coast Guard shall be communicated 

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

5 after the completion of the test or assessment event or 

6 activity that identified the safety concern, to the pro7 gram manager for the capability or asset and the sub8 systems concerned and to the Coast Guard Chief Ac9 quisition Officer. 

10 (4) REPORTING OF SAFETY CONCERNS.—Any 

11 safety concerns that have been reported to the Chief 

12 Acquisition Officer for an acquisition program or 

13 project shall be reported by the Commandant to the 

14 appropriate congressional committees at least 90 days 

15 before the award of any contract or issuance of any 

16 delivery order or task order for low, initial, or full17 rate production of the capability or asset concerned if 

18 they will remain uncorrected or unmitigated at the 

19 time such a contract is awarded or delivery order or 

20 task order is issued. The report shall include a jus21 tification for the approval of that level of production 

22 of the capability or asset before the safety concern is 

23 corrected or mitigated. The report shall also include 

24 an explanation of the actions that will be taken to 

25 correct or mitigate the safety concern, the date by 

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1 which those actions will be taken, and the adequacy 

2 of current funding to correct or mitigate the safety 

3 concern. 

4 (5) ASSET ALREADY IN LOW, INITIAL, OR FULL5 RATE PRODUCTION.—If operational test and evalua6 tion on a capability or asset already in low, initial, 

7 or full-rate production identifies a safety concern 

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

9 capability or asset not previously identified during 

10 developmental or operational test and evaluation, the 

11 Commandant shall— 

12 (A) notify the program manager and the 

13 Chief Acquisition Officer of the safety concern as 

14 soon as practicable, but not later than 30 days 

15 after the completion of the test and evaluation 

16 event or activity that identified the safety con17 cern; and 

18 (B) notify the appropriate congressional 

19 Committee of the safety concern not later than 

20 30 days after notification is made to the pro21 gram manager and Chief Acquisition Officer, 

22 and include in such notification— 

23 (i) an explanation of the actions that 

24 will be taken to correct or mitigate the safe25 ty concern in all capabilities or assets and 

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1 sub-systems of the capabilities or assets yet 

2 to be produced, and the date by which those 

3 actions will be taken; 

4 (ii) an explanation of the actions that 

5 will be taken to correct or mitigate the safe6 ty concern in previously produced capabili7 ties or assets and sub-systems of the capa8 bilities or assets, and the date by which 

9 those actions will be taken; and 

10 (iii) an assessment of the adequacy of 

11 current funding to correct or mitigate the 

12 safety concern in capabilities or assets and 

13 sub-systems of the capabilities or assets and 

14 in previously produced capabilities or assets 

15 and sub-systems. 

16 (c) DEFINITIONS.—In this section: 

17 (1) DEVELOPMENTAL TEST AND EVALUATION.— 

18 The term ‘‘developmental test and evaluation’’ 

19 means— 

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

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1 ments, and interoperability requirements and re2 lated specifications; and 

3 (B) the evaluation of the results of such test4 ing. 

5 (2) OPERATIONAL TEST AND EVALUATION.—The 

6 term ‘‘operational test and evaluation’’ means— 

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

8 the sub-systems of the capability or asset, under 

9 conditions similar to those in which the capa10 bility or asset and subsystems will actually be 

11 deployed, for the purpose of determining the ef12 fectiveness and suitability of the capability or 

13 asset and sub-systems for use by typical Coast 

14 Guard users to conduct those missions for which 

15 the capability or asset and sub-systems are in16 tended to be used; and 

17 (B) the evaluation of the results of such test18 ing. 

19 (3) SAFETY CONCERN.—The term ‘‘safety con20 cern’’ means any hazard associated with a capability 

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

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

23 typical Coast Guard user in testing, maintaining, re24 pairing, or operating the capability, asset, or sub-sys25 tem or any hazard associated with the capability, 

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1 asset, or sub-system that is likely to cause major dam2 age to the capability, asset, or sub-system during the 

3 course of its normal operation by a typical Coast 

4 Guard user. 

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

6 and Evaluation Master Plan for which approval is 

7 required under this section. 

8 SEC. 525. CAPABILITY STANDARDS. 

9 (a) CUTTER CLASSIFICATION.—The Commandant 

10 shall cause each cutter, other than a National Security Cut11 ter, acquired by the Coast Guard and delivered after the 

12 date of enactment of this Act to be classed by the American 

13 Bureau of Shipping before final acceptance. 

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

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

16 and shore capabilities and assets that require TEM17 PEST certification and that are delivered after the 

18 date of enactment of this Act to be tested in accord19 ance with TEMPEST standards and communication 

20 security (COMSEC) standards by an independent 

21 third party that is authorized by the Federal Govern22 ment to perform such testing; and 

23 (2) certify that the capabilities and assets meet 

24 all applicable TEMPEST requirements. 

25 (c) NATIONAL SECURITY CUTTERS.— 

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1 (1) NATIONAL SECURITY CUTTERS 1 AND 2.—Not 

2 later than 90 days before the Coast Guard awards 

3 any contract or issues any delivery order or task 

4 order to strengthen the hull of either of National Secu5 rity Cutter 1 or 2 to resolve the structural design and 

6 performance issues identified in the Department of 

7 Homeland Security Inspector General’s report OIG– 

8 07–23 dated January 2007, the Commandant shall 

9 submit to the appropriate congressional committees 

10 and the Committee on Homeland Security of the 

11 House of Representatives all results of an assessment 

12 of the proposed hull strengthening design conducted 

13 by the Coast Guard, including— 

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

15 which the hull strengthening measures to be im16 plemented on those cutters will enable the cutters 

17 to meet contract and performance requirements; 

18 (B) a cost benefit analysis of the proposed 

19 hull strengthening measures for National Secu20 rity Cutters 1 and 2; and 

21 (C) a description of any operational restric22 tions that would have to be applied to either Na23 tional Security Cutter 1 or 2 if the proposed hull 

24 strengthening measures were not implemented on 

25 either cutter. 

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1 (2) OTHER VESSELS.—The Commandant shall 

2 cause the design and construction of each National 

3 Security Cutter, other than National Security Cutters 

4 1, 2, and 3, to be assessed by an independent third 

5 party with expertise in vessel design and construction 

6 certification. 

7 (d) AIRCRAFT AIRWORTHINESS.—The Commandant 

8 shall cause all aircraft and aircraft engines acquired by the 

9 Coast Guard and delivered after the date of enactment of 

10 this Act to be assessed for airworthiness by an independent 

11 third party with expertise in aircraft and aircraft engine 

12 certification, before final acceptance. 

13 SEC. 526. ACQUISITION PROGRAM REPORTS. 

14 Any Coast Guard Level 1 or Level 2 acquisition pro15 gram or project may not begin to obtain any capability 

16 or asset or proceed beyond that phase of its development 

17 that entails approving the supporting acquisition until the 

18 Commandant submits to the appropriate congressional 

19 committees the following: 

20 (1) The key performance parameters, the key sys21 tem attributes, and the operational performance at22 tributes of the capability and asset to be acquired 

23 under the proposed acquisition program or project 

24 will be built to achieve. 

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1 (2) A detailed list of the systems or other capa2 bilities with which the capability or asset to be ac3 quired is intended to be interoperable, including an 

4 explanation of the attributes of interoperability. 

5 (3) The anticipated acquisition program baseline 

6 and acquisition unit cost for the capability or asset 

7 to be produced and deployed under the program or 

8 project. 

9 (4) A detailed schedule for the acquisition process 

10 showing when all capability and asset acquisitions 

11 are to be completed and when all acquired capabili12 ties and assets are to be initially and fully deployed. 

13 SEC. 527. UNDEFINITIZED CONTRACTUAL ACTIONS. 

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

15 into an undefinitized contractual action unless such action 

16 is directly approved by the Head of Contracting Activity 

17 of the Coast Guard. 

18 (b) REQUESTS FOR UNDEFINITIZED CONTRACTUAL

19 ACTIONS.—Any request to the Head of Contracting Activity 

20 for approval of an undefinitized contractual action covered 

21 under subsection (a) must include a description of the an22 ticipated effect on requirements of the Coast Guard if a 

23 delay is incurred for the purposes of determining contrac24 tual terms, specifications, and price before performance is 

25 begun under the contractual action. 

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1 (c) REQUIREMENTS FOR UNDEFINITIZED CONTRAC2 TUAL ACTIONS.— 

3 (1) DEADLINE FOR AGREEMENT ON TERMS, 

4 SPECIFICATIONS, AND PRICE.—A contracting officer of 

5 the Coast Guard may not enter into an undefinitized 

6 contractual action unless the contractual action pro7 vides for agreement upon contractual terms, specifica8 tion, and price by the earlier of— 

9 (A) the end of the 180-day period beginning 

10 on the date on which the contractor submits a 

11 qualifying proposal to definitize the contractual 

12 terms, specifications, and price; or 

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

14 obligated under the contractual action is equal to 

15 more than 50 percent of the negotiated overall 

16 ceiling price for the contractual action. 

17 (2) LIMITATION ON OBLIGATIONS.— 

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

19 subparagraph (B), the contracting officer for an 

20 undefinitized contractual action may not obli21 gate under such contractual action an amount 

22 that exceeds 50 percent of the negotiated overall 

23 ceiling price until the contractual terms, speci24 fications, and price are definitized for such con25 tractual action. 

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1 (B) EXCEPTION.—Notwithstanding sub2 paragraph (A), if a contractor submits a quali3 fying proposal to definitize an undefinitized con4 tractual action before an amount that exceeds 50 

5 percent of the negotiated overall ceiling price is 

6 obligated on such action, the contracting officer 

7 for such action may not obligate with respect to 

8 such contractual action an amount that exceeds 

9 75 percent of the negotiated overall ceiling price 

10 until the contractual terms, specifications, and 

11 price are definitized for such contractual action. 

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

13 application of this subsection with respect to a con14 tract if the Commandant determines that the waiver 

15 is necessary to support— 

16 (A) a contingency operation (as that term 

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

18 United States Code); 

19 (B) an operation in response to an emer20 gency that poses an unacceptable threat to 

21 human health or safety or to the marine environ22 ment; or 

23 (C) an operation in response to a natural 

24 disaster or major disaster or emergency des25 ignated by the President under the Robert T. 

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1 Stafford Disaster Relief and Emergency Assist2 ance Act (42 U.S.C. 5121 et seq.). 

3 (4) LIMITATION ON APPLICATION.—This sub4 section does not apply to an undefinitized contractual 

5 action for the purchase of initial spares. 

6 (d) INCLUSION OF NONURGENT REQUIREMENTS.—Re7 quirements for spare parts and support equipment that are 

8 not needed on an urgent basis may not be included in an 

9 undefinitized contractual action by the Coast Guard for 

10 spare parts and support equipment that are needed on an 

11 urgent basis unless the Commandant approves such inclu12 sion as being— 

13 (1) good business practice; and 

14 (2) in the best interests of the United States. 

15 (e) MODIFICATION OF SCOPE.—The scope of an 

16 undefinitized contractual action under which performance 

17 has begun may not be modified unless the Commandant ap18 proves such modification as being— 

19 (1) good business practice; and 

20 (2) in the best interests of the United States. 

21 (f) ALLOWABLE PROFIT.—The Commandant shall en22 sure that the profit allowed on an undefinitized contractual 

23 action for which the final price is negotiated after a sub24 stantial portion of the performance required is completed 

25 reflects— 

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1 (1) the possible reduced cost risk of the contractor 

2 with respect to costs incurred during performance of 

3 the contract before the final price is negotiated; and 

4 (2) the reduced cost risk of the contractor with 

5 respect to costs incurred during performance of the re6 maining portion of the contract. 

7 (g) DEFINITIONS.—In this section: 

8 (1) UNDEFINITIZED CONTRACTUAL ACTION.— 

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

10 subparagraph (B), the term ‘‘undefinitized con11 tractual action’’ means a new procurement ac12 tion entered into by the Coast Guard for which 

13 the contractual terms, specifications, or price are 

14 not agreed upon before performance is begun 

15 under the action. 

16 (B) EXCLUSION.—Such term does not in17 clude contractual actions with respect to the fol18 lowing: 

19 (i) Foreign military sales. 

20 (ii) Purchases in an amount not in ex21 cess of the amount of the simplified acquisi22 tion threshold. 

23 (iii) Special access programs. 

24 (2) QUALIFYING PROPOSAL.—The term ‘‘quali25 fying proposal’’ means a proposal that contains suffimstockstill on DSKH9S0YB1PROD with BILLS

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1 cient information to enable complete and meaningful 

2 audits of the information contained in the proposal as 

3 determined by the contracting officer. 

4 SEC. 528. GUIDANCE ON EXCESSIVE PASS-THROUGH 

5 CHARGES. 

6 (a) IN GENERAL.—Not later than 180 days after the 

7 date of enactment of this Act, the Commandant shall issue 

8 guidance to ensure that pass-through charges on contracts, 

9 subcontracts, delivery orders, and task orders that are en10 tered into with a private entity acting as a lead systems 

11 integrator by or on behalf of the Coast Guard are not exces12 sive in relation to the cost of work performed by the relevant 

13 contractor or subcontractor. The guidance shall, at a min14 imum— 

15 (1) set forth clear standards for determining 

16 when no, or negligible, value has been added to a con17 tract by a contractor or subcontractor; 

18 (2) set forth procedures for preventing the pay19 ment by the Government of excessive pass-through 

20 charges; and 

21 (3) identify any exceptions determined by the 

22 Commandant to be in the best interest of the Govern23 ment. 

24 (b) EXCESSIVE PASS-THROUGH CHARGE DEFINED.— 

25 In this section the term ‘‘excessive pass-through charge’’, 

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1 with respect to a contractor or subcontractor that adds no, 

2 or negligible, value to a contract or subcontract, means a 

3 charge to the Government by the contractor or subcontractor 

4 that is for overhead or profit on work performed by a lower5 tier contractor or subcontractor, other than reasonable 

6 charges for the direct costs of managing lower-tier contrac7 tors and subcontracts and overhead and profit based on 

8 such direct costs. 

9 (c) APPLICATION OF GUIDANCE.—The guidance under 

10 this subsection shall apply to contracts awarded to a pri11 vate entity acting as a lead systems integrator by or on 

12 behalf of the Coast Guard on or after the date that is 360 

13 days after the date of enactment of this Act. 

14 SEC. 529. ACQUISITION OF MAJOR CAPABILITIES: ALTER15 NATIVES ANALYSIS. 

16 The Coast Guard may not acquire an experimental or 

17 technically immature capability or asset or implement a 

18 Level 1 or Level 2 acquisition, unless it has conducted an 

19 alternatives analysis for the capability or asset to be ac20 quired in the concept and technology development phase of 

21 the acquisition process for the capability or asset. Such 

22 analysis shall be conducted by a federally funded research 

23 and development center, a qualified entity of the Depart24 ment of Defense, or a similar independent third party entimstockstill on DSKH9S0YB1PROD with BILLS

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1 ty that has appropriate acquisition expertise. Such alter2 natives analysis shall include— 

3 (1) an assessment of the technical maturity of 

4 the capability or asset and technical and other risks; 

5 (2) an examination of capability, interoper6 ability, and other advantages and disadvantages; 

7 (3) an evaluation of whether different combina8 tions or quantities of specific capabilities or assets 

9 could meet the Coast Guard’s overall performance 

10 needs; 

11 (4) a discussion of key assumptions and vari12 ables, and sensitivity to change in such assumptions 

13 and variables; 

14 (5) when an alternative is an existing capa15 bility, asset, or prototype, an evaluation of relevant 

16 safety and performance records and costs; 

17 (6) a calculation of life-cycle costs, including— 

18 (A) an examination of development costs 

19 and the levels of uncertainty associated with 

20 such estimated costs; 

21 (B) an examination of likely production 

22 and deployment costs and the levels of uncer23 tainty associated with such estimated costs; 

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1 (C) an examination of likely operating and 

2 support costs and the levels of uncertainty asso3 ciated with such estimated costs; 

4 (D) if they are likely to be significant, an 

5 examination of likely disposal costs and the lev6 els of uncertainty associated with such estimated 

7 costs; and 

8 (E) such additional measures the Com9 mandant determines to be necessary for appro10 priate evaluation of the capability or asset; and 

11 (7) the business case for each viable alternative. 

12 SEC. 530. COST OVERRUNS AND DELAYS. 

13 (a) IN GENERAL.—The Commandant shall submit a 

14 report to the appropriate congressional committees as soon 

15 as possible, but not later than 30 days, after the Chief Ac16 quisition Officer of the Coast Guard becomes aware of the 

17 breach of an acquisition program baseline for any Level 1 

18 or Level 2 acquisition program, by— 

19 (1) a likely cost overrun greater than 10 percent 

20 of the acquisition program baseline for that indi21 vidual capability or asset or a class of capabilities or 

22 assets; 

23 (2) a likely delay of more than 180 days in the 

24 delivery schedule for any individual capability or 

25 asset or class of capabilities or assets; or 

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1 (3) an anticipated failure for any individual ca2 pability or asset or class of capabilities or assets to 

3 satisfy any key performance threshold or parameter 

4 under the acquisition program baseline. 

5 (b) CONTENT.—The report submitted under subsection 

6 (a) shall include— 

7 (1) a detailed description of the breach and an 

8 explanation of its cause; 

9 (2) the projected impact to performance, cost, 

10 and schedule; 

11 (3) an updated acquisition program baseline and 

12 the complete history of changes to the original acqui13 sition program baseline; 

14 (4) the updated acquisition schedule and the 

15 complete history of changes to the original schedule; 

16 (5) a full life-cycle cost analysis for the capa17 bility or asset or class of capabilities or assets; 

18 (6) a remediation plan identifying corrective ac19 tions and any resulting issues or risks; and 

20 (7) a description of how progress in the remedi21 ation plan will be measured and monitored. 

22 (c) SUBSTANTIAL VARIANCES IN COSTS OR SCHED23 ULE.—If a likely cost overrun is greater than 20 percent 

24 or a likely delay is greater than 12 months from the costs 

25 and schedule described in the acquisition program baseline 

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1 for any Level 1 or Level 2 acquisition program or project 

2 of the Coast Guard, the Commandant shall include in the 

3 report a written certification, with a supporting expla4 nation, that— 

5 (1) the capability or asset or capability or asset 

6 class to be acquired under the program or project is 

7 essential to the accomplishment of Coast Guard mis8 sions; 

9 (2) there are no alternatives to such capability 

10 or asset or capability or asset class which will provide 

11 equal or greater capability in both a more cost-effec12 tive and timely manner; 

13 (3) the new acquisition schedule and estimates 

14 for total acquisition cost are reasonable; and 

15 (4) the management structure for the acquisition 

16 program is adequate to manage and control perform17 ance, cost, and schedule. 

18 SEC. 531. REPORT ON FORMER COAST GUARD OFFICIALS 

19 EMPLOYED BY CONTRACTORS TO THE AGEN20 CY. 

21 (a) REPORT REQUIRED.—Not later than December 31, 

22 2009, and annually thereafter, the Comptroller General of 

23 the United States shall submit a report to the appropriate 

24 congressional committees on the employment during the 

25 preceding year by Coast Guard contractors of individuals 

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1 who were Coast Guard officials in the previous 5-year pe2 riod. The report shall assess the extent to which former 

3 Coast Guard officials were provided compensation by Coast 

4 Guard contractors in the preceding calendar year. 

5 (b) OBJECTIVES OF REPORT.—At a minimum, the re6 port required by this section shall assess the extent to which 

7 former Coast Guard officials who receive compensation from 

8 Coast Guard contractors have been assigned by those con9 tractors to work on contracts or programs between the con10 tractor and the Coast Guard, including contracts or pro11 grams for which the former official personally had oversight 

12 responsibility or decisionmaking authority when they 

13 served in or worked for the Coast Guard. 

14 (c) CONFIDENTIALITY REQUIREMENT.—The report re15 quired by this subsection shall not include the names of the 

16 former Coast Guard officials who receive compensation from 

17 Coast Guard contractors. 

18 (d) ACCESS TO INFORMATION.—A Coast Guard con19 tractor shall provide the Comptroller General access to in20 formation requested by the Comptroller General for the pur21 pose of conducting the study required by this section. 

22 (e) DEFINITIONS.—In this section: 

23 (1) COAST GUARD CONTRACTOR.—The term 

24 ‘‘Coast Guard contractor’’ includes any person that 

25 received at least $10,000,000 in contractor awards 

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1 from the Coast Guard in the calendar year covered by 

2 the annual report. 

3 (2) COAST GUARD OFFICIAL.—The term ‘‘Coast 

4 Guard official’’ includes former officers of the Coast 

5 Guard who were compensated at a rate of pay for 

6 grade O–7 or above during the calendar year prior to 

7 the date on which they separated from the Coast 

8 Guard, and former civilian employees of the Coast 

9 Guard who served at any level of the Senior Executive 

10 Service under subchapter VIII of chapter 53 of title 

11 5, United States Code, during the calendar year prior 

12 to the date on which they separated from the Coast 

13 Guard. 

14 SEC. 532. DEPARTMENT OF DEFENSE CONSULTATION. 

15 (a) IN GENERAL.—The Commandant shall make ar16 rangements as appropriate with the Secretary of Defense 

17 for support in contracting and management of Coast Guard 

18 acquisition programs. The Commandant shall also seek op19 portunities to make use of Department of Defense contracts, 

20 and contracts of other appropriate agencies, to obtain the 

21 best possible price for capabilities and assets acquired for 

22 the Coast Guard. 

23 (b) INTER-SERVICE TECHNICAL ASSISTANCE.—The 

24 Commandant may enter into a memorandum of under25 standing or a memorandum of agreement with the Secmstockstill on DSKH9S0YB1PROD with BILLS

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1 retary of the Navy to obtain the assistance of the Office of 

2 the Assistant Secretary of the Navy for Research, Develop3 ment, and Acquisition, including the Navy Systems Com4 mands, with the oversight of Coast Guard major acquisition 

5 programs. Such memorandum of understanding or memo6 randum of agreement shall, at a minimum, provide for— 

7 (1) the exchange of technical assistance and sup8 port that the Coast Guard Chief Acquisition Officer, 

9 Coast Guard Chief Engineer, and the Coast Guard 

10 Chief Information Officer may identify; 

11 (2) the use, as appropriate, of Navy technical ex12 pertise; and 

13 (3) the temporary assignment or exchange of per14 sonnel between the Coast Guard and the Office of the 

15 Assistant Secretary of the Navy for Research, Devel16 opment, and Acquisition, including Naval Systems 

17 Commands, to facilitate the development of organic 

18 capabilities in the Coast Guard. 

19 (c) TECHNICAL REQUIREMENT APPROVAL PROCE20 DURES.—The Coast Guard Chief Acquisition Officer shall 

21 adopt, to the extent practicable, procedures that are similar 

22 to those used by the senior procurement executive of the De23 partment of the Navy to approve all technical requirements. 

24 (d) ASSESSMENT.—Within 180 days after the date of 

25 enactment of this Act, the Comptroller General shall transmstockstill on DSKH9S0YB1PROD with BILLS

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1 mit a report to the appropriate congressional committees 

2 that— 

3 (1) contains an assessment of current Coast 

4 Guard acquisition and management capabilities to 

5 manage Level 1 and Level 2 acquisitions; 

6 (2) includes recommendations as to how the 

7 Coast Guard can improve its acquisition manage8 ment, either through internal reforms or by seeking 

9 acquisition expertise from the Department of Defense; 

10 and 

11 (3) addresses specifically the question of whether 

12 the Coast Guard can better leverage Department of 

13 Defense or other agencies’ contracts that would meet 

14 the needs of Level 1 or Level 2 acquisitions in order 

15 to obtain the best possible price. 

16 Subtitle C—Coast Guard Personnel 

17 SEC. 541. CHIEF ACQUISITION OFFICER. 

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

19 Code, is further amended by adding at the end the following: 

20 ‘‘§ 56. Chief Acquisition Officer 

21 ‘‘(a) ESTABLISHMENT OF CHIEF ACQUISITION OFFI22 CER.—There shall be in the Coast Guard a Chief Acquisi23 tion Officer selected by the Commandant who shall be a 

24 Rear Admiral or civilian from the Senior Executive Service 

25 (career reserved) and who meets the qualifications set forth 

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1 under subsection (b). The Chief Acquisition Officer shall 

2 serve at the Assistant Commandant level and have acquisi3 tion management as that individual’s primary duty. 

4 ‘‘(b) QUALIFICATIONS.— 

5 ‘‘(1) The Chief Acquisition Officer and any Flag 

6 Officer serving in the Acquisitions Directorate shall 

7 be an acquisition professional with a program man8 ager level III certification and must have at least 10 

9 years experience in an acquisition position, of which 

10 at least 4 years were spent in one of the following 

11 qualifying positions: 

12 ‘‘(A) Program executive officer. 

13 ‘‘(B) Program manager of a Level 1 or 

14 Level 2 acquisition. 

15 ‘‘(C) Deputy program manager of a Level 1 

16 or Level 2 acquisition. 

17 ‘‘(D) Project manager for a Level 1 or Level 

18 2 acquisition. 

19 ‘‘(E) Any other acquisition position of sig20 nificant responsibility in which the primary du21 ties are supervisory or management duties. 

22 ‘‘(2) The Commandant shall periodically publish 

23 a list of the positions designated under this sub24 section. 

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1 ‘‘(c) AUTHORITY AND FUNCTIONS OF THE CHIEF AC2 QUISITION OFFICER.—The functions of the Chief Acquisi3 tion Officer shall include— 

4 ‘‘(1) monitoring the performance of programs 

5 and projects on the basis of applicable performance 

6 measurements and advising the Commandant, 

7 through the chain of command, regarding the appro8 priate business strategy to achieve the missions of the 

9 Coast Guard; 

10 ‘‘(2) maximizing the use of full and open com11 petition at the prime contract and subcontract levels 

12 in the acquisition of property, capabilities, assets, 

13 and services by the Coast Guard by establishing poli14 cies, procedures, and practices that ensure that the 

15 Coast Guard receives a sufficient number of sealed 

16 bids or competitive proposals from responsible sources 

17 to fulfill the Government’s requirements, including 

18 performance and delivery schedules, at the lowest cost 

19 or best value considering the nature of the property, 

20 capability, asset, or service procured; 

21 ‘‘(3) making acquisition decisions in concurrence 

22 with the technical authority of the Coast Guard, as 

23 designated by the Commandant, and consistent with 

24 all other applicable laws and decisions establishing 

25 procedures within the Coast Guard; 

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1 ‘‘(4) ensuring the use of detailed performance 

2 specifications in instances in which performance 

3 based contracting is used; 

4 ‘‘(5) managing the direction of acquisition policy 

5 for the Coast Guard, including implementation of the 

6 unique acquisition policies, regulations, and stand7 ards of the Coast Guard; 

8 ‘‘(6) developing and maintaining an acquisition 

9 career management program in the Coast Guard to 

10 ensure that there is an adequate acquisition work11 force; 

12 ‘‘(7) assessing the requirements established for 

13 Coast Guard personnel regarding knowledge and skill 

14 in acquisition resources and management and the 

15 adequacy of such requirements for facilitating the 

16 achievement of the performance goals established for 

17 acquisition management; 

18 ‘‘(8) developing strategies and specific plans for 

19 hiring, training, and professional development; and 

20 ‘‘(9) reporting to the Commandant, through the 

21 chain of command, on the progress made in improv22 ing acquisition management capability.’’. 

23 (b) APPLICATION OF QUALIFICATION REQUIRE24 MENT.—Section 56(b) of title 14, United States Code, as 

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1 amended by this section, shall apply beginning October 1, 

2 2011. 

3 (c) CLERICAL AMENDMENT.—The table of sections at 

4 the beginning of such chapter is further amended by adding 

5 at the end the following: 

‘‘56. Chief Acquisition Officer.’’. 

6 (d) ELEVATION OF DISPUTES TO THE CHIEF ACQUISI7 TION OFFICER.—Within 45 days after the elevation to the 

8 Chief Acquisition Officer of any design or other dispute re9 garding a Level 1 or Level 2 acquisition, the Commandant 

10 shall provide to the appropriate congressional committees 

11 a detailed description of the issue and the rationale under12 lying the decision taken by the Chief Acquisition Officer 

13 to resolve the issue. 

14 (e) SPECIAL RATE SUPPLEMENTS.— 

15 (1) REQUIREMENT TO ESTABLISH.—Not later 

16 than 1 year after the date of enactment of this Act 

17 and in accordance with part 9701.333 of title 5, Code 

18 of Federal Regulations, the Commandant shall estab19 lish special rate supplements that provide higher pay 

20 levels for employees necessary to carry out the amend21 ment made by this section. 

22 (2) SUBJECT TO APPROPRIATIONS.—The require23 ment under paragraph (1) is subject to the avail24 ability of appropriations. 

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1 SEC. 542. IMPROVEMENTS IN COAST GUARD ACQUISITION 

2 MANAGEMENT. 

3 (a) PROGRAM AND PROJECT MANAGERS.—An indi4 vidual may not be assigned as the program manager for 

5 a Level 1 or Level 2 acquisition unless the individual holds 

6 a Level III acquisition certification as a program manager. 

7 (b) INTEGRATED PRODUCT TEAMS.—Integrated prod8 uct teams, and all teams that oversee integrated product 

9 teams, shall be chaired by officers, members, or employees 

10 of the Coast Guard. 

11 (c) TECHNICAL AUTHORITY.—The Commandant shall 

12 maintain or designate the technical authority to establish, 

13 approve, and maintain technical requirements. Any such 

14 designation shall be made in writing and may not be dele15 gated to the authority of the Chief Acquisition Officer estab16 lished by section 55 of title 14, United States Code. 

17 (d) DESIGNATION OF POSITIONS IN THE ACQUISITION

18 WORKFORCE.— 

19 (1) IN GENERAL.—The Commandant shall des20 ignate a sufficient number of positions to be in the 

21 Coast Guard’s acquisition workforce to perform acqui22 sition-related functions at Coast Guard headquarters 

23 and field activities. 

24 (2) REQUIRED POSITIONS.—In designating posi25 tions under subsection (a), the Commandant shall inmstockstill on DSKH9S0YB1PROD with BILLS

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1 clude, at a minimum, positions encompassing the fol2 lowing competencies and functions: 

3 (A) Program management. 

4 (B) Systems planning, research, develop5 ment, engineering, and testing. 

6 (C) Procurement, including contracting. 

7 (D) Industrial and contract property man8 agement. 

9 (E) Life-cycle logistics. 

10 (F) Quality control and assurance. 

11 (G) Manufacturing and production. 

12 (H) Business, cost estimating, financial 

13 management, and auditing. 

14 (I) Acquisition education, training, and ca15 reer development. 

16 (J) Construction and facilities engineering. 

17 (K) Testing and evaluation. 

18 (3) ACQUISITION MANAGEMENT HEADQUARTER

19 ACTIVITIES.—The Commandant shall also designate 

20 as positions in the acquisition workforce under para21 graph (1) those acquisition-related positions located 

22 at Coast Guard headquarters units. 

23 (4) APPROPRIATE EXPERTISE REQUIRED.—The 

24 Commandant shall ensure that each individual as25 signed to a position in the acquisition workforce has 

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1 the appropriate expertise to carry out the responsibil2 ities of that position. 

3 (e) MANAGEMENT INFORMATION SYSTEM.— 

4 (1) IN GENERAL.—The Commandant shall estab5 lish a management information system capability to 

6 improve acquisition workforce management and re7 porting. 

8 (2) INFORMATION MAINTAINED.—Information 

9 maintained with such capability shall include the fol10 lowing standardized information on individuals as11 signed to positions in the workforce: 

12 (A) Qualifications, assignment history, and 

13 tenure of those individuals assigned to positions 

14 in the acquisition workforce or holding acquisi15 tion-related certifications. 

16 (B) Promotion rates for officers and mem17 bers of the Coast Guard in the acquisition work18 force. 

19 (f) REPORT ON ADEQUACY OF ACQUISITION WORK20 FORCE.— 

21 (1) IN GENERAL.—The Commandant shall report 

22 to the Congress by July 1 of each year on the scope 

23 of the acquisition activities to be performed in the 

24 next fiscal year and on the adequacy of the current 

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1 acquisition workforce to meet that anticipated work2 load. 

3 (2) CONTENTS.—The report shall— 

4 (A) specify the number of officers, members, 

5 and employees of the Coast Guard currently and 

6 planned to be assigned to each position des7 ignated under subsection (d); and 

8 (B) identify positions that are understaffed 

9 to meet the anticipated acquisition workload, 

10 and actions that will be taken to correct such 

11 understaffing. 

12 (g) APPOINTMENTS TO ACQUISITION POSITIONS.—The 

13 Commandant shall ensure that no requirement or preference 

14 for officers or members of the Coast Guard is used in the 

15 consideration of persons for positions in the acquisition 

16 workforce. 

17 (h) CAREER PATHS.— 

18 (1) IDENTIFICATION OF CAREER PATHS.—To es19 tablish acquisition management as a core competency 

20 of the Coast Guard, the Commandant shall— 

21 (A) ensure that career paths for officers, 

22 members, and employees of the Coast Guard who 

23 wish to pursue careers in acquisition are identi24 fied in terms of the education, training, experi25 ence, and assignments necessary for career promstockstill on DSKH9S0YB1PROD with BILLS

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1 gression of those officers, members, and employ2 ees to the most senior positions in the acquisition 

3 workforce; and 

4 (B) publish information on such career 

5 paths. 

6 (2) PROMOTION PARITY.—The Commandant 

7 shall ensure that promotion parity is established for 

8 officers and members of the Coast Guard who have 

9 been assigned to the acquisition workforce relative to 

10 officers and members who have not been assigned to 

11 the acquisition workforce. 

12 (i) BALANCED WORKFORCE POLICY.—In the develop13 ment of acquisition workforce policies under this section 

14 with respect to any civilian employees or applicants for em15 ployment, the Commandant shall, consistent with the merit 

16 system principles set out in paragraphs (1) and (2) of sec17 tion 2301(b) of title 5, United States Code, take into consid18 eration the need to maintain a balanced workforce in which 

19 women and members of racial and ethnic minority groups 

20 are appropriately represented in Government service. 

21 (j) GUIDANCE ON TENURE AND ACCOUNTABILITY OF

22 PROGRAM MANAGERS.— 

23 (1) ISSUANCE OF GUIDANCE.—Not later than 1 

24 year after the date of enactment of this Act, the Com25 mandant shall issue guidance to address the qualimstockstill on DSKH9S0YB1PROD with BILLS

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1 fications, resources, responsibilities, tenure, and ac2 countability of program managers for the manage3 ment of acquisition programs and projects. The guid4 ance shall address, at a minimum— 

5 (A) the qualifications that shall be required 

6 of program managers, including the number of 

7 years of acquisition experience and the profes8 sional training levels to be required of those ap9 pointed to program management positions; 

10 (B) authorities available to program man11 agers, including, to the extent appropriate, the 

12 authority to object to the addition of new pro13 gram requirements that would be inconsistent 

14 with the parameters established for an acquisi15 tion program; and 

16 (C) the extent to which a program manager 

17 who initiates a new program or project will con18 tinue in management of that program or project 

19 without interruption until the delivery of the 

20 first production units of the program. 

21 (2) STRATEGY.— 

22 (A) IN GENERAL.—Not later than 18 

23 months after the date of enactment of this Act, 

24 the Commandant shall develop a comprehensive 

25 strategy for enhancing the role of Coast Guard 

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1 program managers in developing and carrying 

2 out acquisition programs. 

3 (B) MATTERS TO BE ADDRESSED.—The 

4 strategy required by this section shall address, at 

5 a minimum— 

6 (i) the creation of a specific career 

7 path and career opportunities for individ8 uals who are or may become program man9 agers, including the rotational assignments 

10 that will be provided to program managers; 

11 (ii) the provision of enhanced training 

12 and educational opportunities for individ13 uals who are or may become program man14 agers; 

15 (iii) the provision of mentoring sup16 port to current and future program man17 agers by experienced senior executives and 

18 program managers within the Coast Guard, 

19 and through rotational assignments to the 

20 Department of Defense; 

21 (iv) the methods by which the Coast 

22 Guard will collect and disseminate best 

23 practices and lessons learned on systems ac24 quisition to enhance program management 

25 throughout the Coast Guard; 

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1 (v) the templates and tools that will be 

2 used to support improved data gathering 

3 and analysis for program management and 

4 oversight purposes, including the metrics 

5 that will be utilized to assess the effective6 ness of Coast Guard program managers in 

7 managing systems acquisition efforts; 

8 (vi) a description in detail of how the 

9 Coast Guard will promote a balanced work10 force in which women and members of ra11 cial and ethnic minority groups are appro12 priately represented in Government service; 

13 and 

14 (vii) the methods by which the account15 ability of program managers for the results 

16 of acquisition programs will be increased. 

17 SEC. 543. RECOGNITION OF COAST GUARD PERSONNEL FOR 

18 EXCELLENCE IN ACQUISITION. 

19 (a) IN GENERAL.—Not later than 180 days after the 

20 date of enactment of this Act, the Commandant shall com21 mence implementation of a program to recognize excellent 

22 performance by individuals and teams comprised of officers, 

23 members, and employees of the Coast Guard that contrib24 uted to the long-term success of a Coast Guard acquisition 

25 program or project. 

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1 (b) ELEMENTS.—The program required by subsection 

2 (a) shall include the following: 

3 (1) Specific award categories, criteria, and eligi4 bility and manners of recognition. 

5 (2) Procedures for the nomination by personnel 

6 of the Coast Guard of individuals and teams com7 prised of officers, members, and employees of the 

8 Coast Guard for recognition under the program. 

9 (3) Procedures for the evaluation of nominations 

10 for recognition under the program by one or more 

11 panels of individuals from the Government, academia, 

12 and the private sector who have such expertise and 

13 are appointed in such manner as the Commandant 

14 shall establish for the purposes of this program. 

15 (c) AWARD OF CASH BONUSES.—As part of the pro16 gram required by subsection (a), the Commandant, subject 

17 to the availability of appropriations, may award to any 

18 individual recognized pursuant to the program a cash 

19 bonus to the extent that the performance of such individual 

20 so recognized warrants the award of such bonus. 

21 SEC. 544. COAST GUARD ACQUISITION WORKFORCE EXPE22 DITED HIRING AUTHORITY. 

23 (a) IN GENERAL.—For purposes of sections 3304, 

24 5333, and 5753 of title 5, United States Code, the Com25 mandant may— 

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1 (1) designate any category of acquisition posi2 tions within the Coast Guard as shortage category po3 sitions; and 

4 (2) use the authorities in such sections to recruit 

5 and appoint highly qualified persons directly to posi6 tions so designated. 

7 (b) LIMITATION.—The Commandant may not appoint 

8 a person to a position of employment under this subsection 

9 after September 30, 2012. 

10 TITLE VI—MARITIME 

11 WORKFORCE DEVELOPMENT 

12 SEC. 601. SHORT TITLE. 

13 This title may be cited as the ‘‘Maritime Workforce 

14 Development Act’’. 

15 SEC. 602. MARITIME EDUCATION LOAN PROGRAM. 

16 (a) IN GENERAL.—Chapter 517 of title 46, United 

17 States Code, is amended by adding at the end the following: 

18 ‘‘§ 51705. Maritime career training loan program 

19 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor20 tation shall establish a maritime career training loan pro21 gram (in this section referred to as the ‘program’) in ac22 cordance with the requirements of this section. 

23 ‘‘(b) PURPOSE.—The purpose of the program shall be 

24 to make maritime career training loans available to eligible 

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1 students to provide for the training of United States mari2 ners. 

3 ‘‘(c) ADMINISTRATION.—The program shall be carried 

4 out by the Secretary, acting through the Administrator of 

5 the Maritime Administration. 

6 ‘‘(d) DUTIES.—The Secretary shall— 

7 ‘‘(1) allocate, on an annual basis, the award of 

8 loans under the program based on the needs of stu9 dents; 

10 ‘‘(2) develop an application process and eligi11 bility criteria for the award of loans under the pro12 gram; 

13 ‘‘(3) approve applications for loans under the 

14 program based on the eligibility criteria and alloca15 tions made under paragraph (1); and 

16 ‘‘(4) designate maritime training institutions at 

17 which loans made under the program may be used. 

18 ‘‘(e) DESIGNATION OF MARITIME TRAINING INSTITU19 TIONS.— 

20 ‘‘(1) IN GENERAL.—In designating maritime 

21 training institutions under subsection (d)(4), the Sec22 retary— 

23 ‘‘(A) may include Federal, State, and com24 mercial training institutions and nonprofit 

25 training organizations, except that undermstockstill on DSKH9S0YB1PROD with BILLS

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1 graduate students at the United States Merchant 

2 Marine Academy shall not be eligible for loans 

3 under the program; 

4 ‘‘(B) shall designate institutions based on 

5 geographic diversity and scope of classes offered; 

6 ‘‘(C) shall ensure that designated institu7 tions have the ability to administer the program; 

8 and 

9 ‘‘(D) shall ensure that designated institu10 tions meet requirements to provide training in11 struction for appropriate Coast Guard-approved 

12 training instruction. 

13 ‘‘(2) EXCLUSIONS.—The Secretary— 

14 ‘‘(A) may exclude from participation in the 

15 program a maritime training institution that 

16 has had severe performance deficiencies, includ17 ing deficiencies demonstrated by audits or pro18 gram reviews conducted during the 5 calendar 

19 years immediately preceding the present year; 

20 ‘‘(B) shall exclude from participation in the 

21 program a maritime training institution that 

22 has delinquent or outstanding debts to the 

23 United States, unless such debts are being repaid 

24 under or in accordance with a repayment ar25 rangement satisfactory to the United States, or 

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1 the Secretary in the Secretary’s discretion deter2 mines that the existence or amount of any such 

3 debts has not been finally determined by the ap4 propriate Federal agency; 

5 ‘‘(C) may exclude from participation in the 

6 program a maritime training institution that 

7 has failed to comply with quality standards es8 tablished by the Department of Labor, the Coast 

9 Guard, or a State; and 

10 ‘‘(D) may establish such other criteria as 

11 the Secretary determines will protect the finan12 cial interest of the United States and promote 

13 the purposes of this section. 

14 ‘‘(f) STATE MARITIME ACADEMIES.— 

15 ‘‘(1) USE OF FUNDS FOR LOANS TO STUDENTS

16 ATTENDING STATE MARITIME ACADEMIES.—The Sec17 retary may obligate not more than 50 percent of the 

18 amounts appropriated to carry out this section for a 

19 fiscal year for loans to undergraduate students at20 tending State maritime academies receiving assist21 ance under chapter 515 of this title. 

22 ‘‘(2) ACADEMIC STANDARDS FOR STUDENTS.— 

23 Students at State maritime academies receiving loans 

24 under the program shall maintain satisfactory 

25 progress toward the completion of their course of 

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1 study as evidenced by the maintenance of a cumu2 lative C average, or its equivalent, or academic stand3 ing consistent with the requirements for graduation, 

4 as determined by the institution. 

5 ‘‘(g) LOAN AMOUNTS AND USE.— 

6 ‘‘(1) MAXIMUM AMOUNTS.—The Secretary may 

7 not make loans to a student under the program in an 

8 amount that exceeds $15,000 in a calendar year or 

9 $60,000 in the aggregate. 

10 ‘‘(2) USE OF LOAN PROCEEDS.—A student who 

11 receives a loan under the program may use the pro12 ceeds of the loan only for postsecondary expenses in13 curred at an institution designated by the Secretary 

14 under subsection (d)(4) for books, tuition, required 

15 fees, travel to and from training facilities, and room 

16 and board. 

17 ‘‘(h) STUDENT ELIGIBILITY.—To be eligible to receive 

18 a loan under the program, a student shall— 

19 ‘‘(1) be eligible to hold a license or merchant 

20 mariner document issued by the Coast Guard; 

21 ‘‘(2) provide to the Secretary such information 

22 as the Secretary may require, including all current 

23 Coast Guard documents, certifications, proof of 

24 United States citizenship or permanent legal status, 

25 and a statement of intent to enter a maritime career; 

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1 ‘‘(3) meet the enrollment requirements of a mari2 time training institution designated by the Secretary 

3 under subsection (d)(4); and 

4 ‘‘(4) sign an agreement to— 

5 ‘‘(A) complete a course of instruction at 

6 such a maritime training institution; and 

7 ‘‘(B)(i) maintain a license and serve as an 

8 officer in the merchant marine on a documented 

9 vessel or a vessel owned and operated by the 

10 United States for at least 18 months of service 

11 at sea following the date of graduation from the 

12 maritime program for which the loan proceeds 

13 will be used; or 

14 ‘‘(ii) serve as an unlicensed merchant mar15 iner on a documented vessel or a vessel owned 

16 and operated by the United States for at least 18 

17 months of service at sea following the date of 

18 graduation from the maritime program for 

19 which the loan proceeds will be used. 

20 ‘‘(i) ADMINISTRATION OF LOANS.— 

21 ‘‘(1) CONTENTS OF LOAN AGREEMENTS.—Any 

22 agreement between the Secretary and a student bor23 rower for a loan under the program shall— 

24 ‘‘(A) be evidenced by a note or other written 

25 instrument that provides for the repayment of 

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1 the principal amount of the loan and any origi2 nation fee, together with interest thereon, in 

3 equal installments (or, if the student borrower so 

4 requests, in graduated periodic installments de5 termined in accordance with such schedules as 

6 may be approved by the Secretary) payable 

7 quarterly, bimonthly, or monthly, at the option 

8 of the student borrower, over a period beginning 

9 9 months from the date on which the student bor10 rower completes study or discontinues attendance 

11 at the maritime program for which the loans are 

12 used at the institution approved by the Secretary 

13 and not exceeding 10 years; 

14 ‘‘(B) include provision for acceleration of 

15 repayment of the whole, or any part, of such 

16 loan, at the option of the student borrower; 

17 ‘‘(C) provide the loan without security and 

18 without endorsement; 

19 ‘‘(D) provide that the liability to repay the 

20 loan shall be canceled upon the death of the stu21 dent borrower, or if the student borrower becomes 

22 permanently and totally disabled, as determined 

23 in accordance with regulations to be issued by 

24 the Secretary; 

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1 ‘‘(E) contain a notice of the system of dis2 closure of information concerning default on such 

3 loan to credit bureau organizations; and 

4 ‘‘(F) include provisions for deferral of re5 payment, as determined by the Secretary. 

6 ‘‘(2) RATE OF INTEREST.—A student borrower 

7 who receives a loan under the program on or after 

8 January 1, 2010, and before October 1, 2015, shall be 

9 obligated to repay the loan amount to the Secretary, 

10 together with interest beginning in the period referred 

11 to in paragraph (1)(A), at a rate to be determined as 

12 follows: 

13 ‘‘(A) For a loan for which the first disburse14 ment is made on or after January 1, 2010, and 

15 before October 1, 2011, 5.6 percent on the unpaid 

16 principal balance of the loan. 

17 ‘‘(B) For a loan for which the first disburse18 ment is made on or after October 1, 2011, and 

19 before October 1, 2012, 4.5 percent on the unpaid 

20 principal balance of the loan. 

21 ‘‘(C) For a loan for which the first disburse22 ment is made on or after October 1, 2012, 3.4 

23 percent on the unpaid principal balance of the 

24 loan. 

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1 ‘‘(3) DISCLOSURE REQUIRED PRIOR TO DIS2 BURSEMENT.— 

3 ‘‘(A) IN GENERAL.—The Secretary shall at 

4 or prior to the time the Secretary makes a loan 

5 to a student borrower under the program, pro6 vide thorough and adequate loan information on 

7 such loan to the student borrower. The disclo8 sures required by this paragraph may be made 

9 as part of the written application material pro10 vided to the student borrower, as part of the 

11 promissory note evidencing the loan, or on a sep12 arate written form provided to the student bor13 rower. 

14 ‘‘(B) CONTENTS.—The disclosures shall in15 clude— 

16 ‘‘(i) the address to which communica17 tions and payments should be sent; 

18 ‘‘(ii) the principal amount of the loan; 

19 ‘‘(iii) the amount of any charges col20 lected at or prior to the disbursal of the 

21 loan and whether such charges are to be de22 ducted from the proceeds of the loan or paid 

23 separately by the student borrower; 

24 ‘‘(iv) the stated interest rate on the 

25 loan; 

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1 ‘‘(v) the yearly and cumulative max2 imum amounts that may be borrowed; 

3 ‘‘(vi) an explanation of when repay4 ment of the loan will be required and when 

5 the student borrower will be obligated to 

6 pay interest that accrues on the loan; 

7 ‘‘(vii) a statement as to the minimum 

8 and maximum repayment term that the 

9 Secretary may impose, and the minimum 

10 monthly payment required by law and a 

11 description of any penalty imposed as a 

12 consequence of default, such as liability for 

13 expenses reasonably incurred in attempts by 

14 the Secretary to collect on a loan; 

15 ‘‘(viii) a statement of the total cumu16 lative balance, including the loan applied 

17 for, owed by the student borrower to the 

18 Secretary, and an estimate of the projected 

19 monthly payment, given such cumulative 

20 balance; 

21 ‘‘(ix) an explanation of any special op22 tions the student borrower may have for 

23 loan consolidation or other refinancing of 

24 the loan; 

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1 ‘‘(x) a statement that the student bor2 rower has the right to prepay all or part of 

3 the loan, at any time, without penalty; 

4 ‘‘(xi) a statement summarizing cir5 cumstances in which repayment of the loan 

6 or interest that accrues on the loan may be 

7 deferred, and a brief notice of the program 

8 for repayment of loans, on the basis of mili9 tary service, pursuant to the Department of 

10 Defense educational loan repayment pro11 gram (10 U.S.C. 16302); 

12 ‘‘(xii) a definition of default and the 

13 consequences to the student borrower if the 

14 student borrower defaults, together with a 

15 statement that the disbursement of, and the 

16 default on, a loan under this part shall be 

17 reported to a credit bureau or credit report18 ing agency; 

19 ‘‘(xiii) to the extent practicable, the ef20 fect of accepting the loan on the eligibility 

21 of the student borrower for other forms of 

22 student assistance; and 

23 ‘‘(xiv) an explanation of any cost the 

24 student borrower may incur in the making 

25 or collection of the loan. 

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1 ‘‘(C) INFORMATION TO BE PROVIDED WITH2 OUT COST.—The information provided under 

3 this paragraph shall be available to the Sec4 retary without cost to the student borrower. 

5 ‘‘(4) REPAYMENT AFTER DEFAULT.—The Sec6 retary may require any student borrower who has de7 faulted on a loan made under the program to— 

8 ‘‘(A) pay all reasonable collection costs asso9 ciated with such loan; and 

10 ‘‘(B) repay the loan pursuant to an income 

11 contingent repayment plan. 

12 ‘‘(5) AUTHORIZATION TO REDUCE RATES AND

13 FEES.—Notwithstanding any other provision of this 

14 section, the Secretary may prescribe by regulation 

15 any reductions in the interest rate or origination fee 

16 paid by a student borrower of a loan made under the 

17 program as the Secretary determines appropriate to 

18 encourage ontime repayment of the loan. Such reduc19 tions may be offered only if the Secretary determines 

20 the reductions are cost neutral and in the best finan21 cial interest of the United States. 

22 ‘‘(6) COLLECTION OF REPAYMENTS.—The Sec23 retary shall collect repayments made under the pro24 gram and exercise due diligence in such collection, in25 cluding maintenance of all necessary records to ensure 

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1 that maximum repayments are made. Collection and 

2 servicing of repayments under the program shall be 

3 pursued to the full extent of the law, including wage 

4 garnishment if necessary. The Secretary of the De5 partment in which the Coast Guard is operating shall 

6 provide the Secretary of Transportation with any in7 formation regarding a mariner that may aid in the 

8 collection of repayments under this section. 

9 ‘‘(7) REPAYMENT SCHEDULE.—A student bor10 rower who receives a loan under the program shall 

11 repay the loan quarterly, bimonthly, or monthly, at 

12 the option of the student borrower, over a period be13 ginning 9 months from the date the student borrower 

14 completes study or discontinues attendance at the 

15 maritime program for which the loan proceeds are 

16 used and ending not more than 10 years after the 

17 date repayment begins. Provisions for deferral of re18 payment shall be determined by the Secretary. 

19 ‘‘(8) CONTRACTS FOR SERVICING AND COLLEC20 TION OF LOANS.—The Secretary may— 

21 ‘‘(A) enter into a contract or other arrange22 ment with State or nonprofit agencies and, on a 

23 competitive basis, with collection agencies for 

24 servicing and collection of loans under this sec25 tion; and 

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1 ‘‘(B) conduct litigation necessary to carry 

2 out this section. 

3 ‘‘(j) REVOLVING LOAN FUND.— 

4 ‘‘(1) ESTABLISHMENT.—The Secretary shall es5 tablish a revolving loan fund consisting of amounts 

6 deposited in the fund under paragraph (2). 

7 ‘‘(2) DEPOSITS.—The Secretary shall deposit in 

8 the fund— 

9 ‘‘(A) receipts from the payment of principal 

10 and interest on loans made under the program; 

11 and 

12 ‘‘(B) any other monies paid to the Sec13 retary by or on behalf of individuals under the 

14 program. 

15 ‘‘(3) AVAILABILITY OF AMOUNTS.—Amounts in 

16 the fund shall be available to the Secretary, without 

17 further appropriation— 

18 ‘‘(A) to cover the administrative costs of the 

19 program, including the maintenance of records 

20 and making collections under this section; and 

21 ‘‘(B) to the extent that amounts remain 

22 available after paying such administrative costs, 

23 to make loans under the program. 

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1 ‘‘(4) MAINTENANCE OF RECORDS.—The Sec2 retary shall maintain accurate records of the admin3 istrative costs referred to in paragraph (3)(A). 

4 ‘‘(k) ANNUAL REPORT.—The Secretary, on an annual 

5 basis, shall submit to the Committee on Transportation and 

6 Infrastructure of the House of Representatives and the Com7 mittee on Commerce, Science, and Transportation of the 

8 Senate a report on the program, including— 

9 ‘‘(1) the total amount of loans made under the 

10 program in the preceding year; 

11 ‘‘(2) the number of students receiving loans 

12 under the program in the preceding year; and 

13 ‘‘(3) the total amount of loans made under pro14 gram that are in default as of the date of the report. 

15 ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There are 

16 authorized to be appropriated for each of fiscal years 2010 

17 through 2015— 

18 ‘‘(1) $10,000,000 for making loans under the 

19 program; and 

20 ‘‘(2) $1,000,000 for administrative expenses of 

21 the Secretary in carrying out the program. 

22 ‘‘§ 51706. Maritime recruitment, training, and reten23 tion grant program 

24 ‘‘(a) STRATEGIC PLAN.— 

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1 ‘‘(1) IN GENERAL.—Not later than one year after 

2 the date of enactment of this section, and at least once 

3 every 3 years thereafter, the Secretary of Transpor4 tation, acting through the Administrator of the Mari5 time Administration, shall publish in the Federal 

6 Register a plan that describes the demonstration, re7 search, and multistate project priorities of the De8 partment of Transportation concerning merchant 

9 mariner recruitment, training, and retention for the 

10 3-year period following the date of publication of the 

11 plan. 

12 ‘‘(2) CONTENTS.—A plan published under para13 graph (1) shall contain strategies and identify poten14 tial projects to address merchant mariner recruit15 ment, training, and retention issues in the United 

16 States. 

17 ‘‘(3) FACTORS.—In developing a plan under 

18 paragraph (1), the Secretary shall take into account, 

19 at a minimum— 

20 ‘‘(A) the availability of existing research (as 

21 of the date of publication of the plan); 

22 ‘‘(B) the need to ensure results that have 

23 broad applicability; 

24 ‘‘(C) the benefits of economies of scale and 

25 the efficiency of potential projects; and 

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1 ‘‘(D) the likelihood that the results of poten2 tial projects will be useful to policymakers and 

3 stakeholders in addressing merchant mariner re4 cruitment, training, and retention issues. 

5 ‘‘(4) CONSULTATION.—In developing a plan 

6 under paragraph (1), the Secretary shall consult with 

7 representatives of the maritime industry, labor orga8 nizations, and other governmental entities and par9 ties with an interest in the maritime industry. 

10 ‘‘(5) TRANSMITTAL TO CONGRESS.—The Sec11 retary shall transmit copies of a plan published under 

12 paragraph (1) to the Committee on Transportation 

13 and Infrastructure of the House of Representatives 

14 and the Committee on Commerce, Science, and Trans15 portation of the Senate. 

16 ‘‘(b) DEMONSTRATION PROJECTS.— 

17 ‘‘(1) IN GENERAL.—The Secretary may award 

18 grants to a maritime training institution to carry 

19 out demonstration projects that implement the prior20 ities identified in the plan prepared under subsection 

21 (a)(1), for the purpose of developing and imple22 menting methods to address merchant mariner re23 cruitment, training, and retention issues. 

24 ‘‘(2) GRANT AWARDS.—Grants shall be awarded 

25 under this subsection on a competitive basis under 

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1 guidelines and requirements to be established by the 

2 Secretary. 

3 ‘‘(3) APPLICATIONS.—To be eligible to receive a 

4 grant for a project under this subsection, a maritime 

5 training institution shall submit to the Secretary a 

6 grant proposal that includes, at a minimum— 

7 ‘‘(A) information demonstrating the esti8 mated effectiveness of the project; and 

9 ‘‘(B) a method for evaluating the effective10 ness of the project. 

11 ‘‘(4) ELIGIBLE PROJECTS.—Projects eligible for 

12 grants under this subsection may include— 

13 ‘‘(A) the establishment of maritime tech14 nology skill centers developed through local part15 nerships of industry, labor, education, commu16 nity-based organizations, economic development 

17 organizations, or Federal, State, and local gov18 ernment agencies to meet unmet skills needs of 

19 the maritime industry; 

20 ‘‘(B) projects that provide training to up21 grade the skills of workers who are employed in 

22 the maritime industry; 

23 ‘‘(C) projects that promote the use of dis24 tance learning, enabling students to take courses 

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1 through the use of media technology, such as vid2 eos, teleconferencing, and the Internet; 

3 ‘‘(D) projects that assist in providing serv4 ices to address maritime recruitment and train5 ing of youth residing in targeted high poverty 

6 areas within empowerment zones and enterprise 

7 communities; 

8 ‘‘(E) the establishment of partnerships with 

9 national and regional organizations with special 

10 expertise in developing, organizing, and admin11 istering merchant mariner recruitment and 

12 training services; and 

13 ‘‘(F) the establishment of maritime training 

14 programs that foster technical skills and oper15 ational productivity in communities in which 

16 economies are related to or dependent upon the 

17 maritime industry. 

18 ‘‘(c) PROJECTS AUTHORIZED.— 

19 ‘‘(1) PROJECTS.—The Secretary may award 

20 grants to carry out projects identified in a plan pub21 lished under subsection (a)(1) under which the project 

22 sponsor will— 

23 ‘‘(A) design, develop, and test an array of 

24 approaches to providing recruitment, training, 

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1 or retention services to one or more targeted pop2 ulations; 

3 ‘‘(B) in conjunction with employers, orga4 nized labor, other groups (such as community 

5 coalitions), and Federal, State, or local agencies, 

6 design, develop, and test various training ap7 proaches in order to determine effective practices; 

8 or 

9 ‘‘(C) assist in the development and replica10 tion of effective service delivery strategies for the 

11 national maritime industry as a whole. 

12 ‘‘(2) RESEARCH PROJECTS.—The Secretary may 

13 award grants to carry out research projects identified 

14 in a plan published under subsection (a)(1) that will 

15 contribute to the solution of maritime industry re16 cruitment, training, and retention issues in the 

17 United States. 

18 ‘‘(3) MULTISTATE OR REGIONAL PROJECTS.—The 

19 Secretary may award grants to carry out multistate 

20 or regional projects identified in a plan published 

21 under subsection (a)(1) to effectively disseminate best 

22 practices and models for implementing maritime re23 cruitment, training, and retention services designed to 

24 address industry-wide skill shortages. 

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1 ‘‘(4) GRANT AWARDS.—Grants shall be awarded 

2 under this subsection on a competitive basis under 

3 guidelines and requirements to be established by the 

4 Secretary. 

5 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated for each of fiscal years 

7 2010 through 2015— 

8 ‘‘(1) $10,000,000 for making grants under this 

9 section; and 

10 ‘‘(2) $1,000,000 for administrative expenses of 

11 the Secretary in carrying out this section.’’. 

12 (b) CONFORMING AMENDMENT.—The analysis for such 

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

‘‘51705. Maritime career training loan program. 

‘‘51706. Maritime recruitment, training, and retention grant program.’’. 

14 TITLE VII—COAST GUARD 

15 MODERNIZATION 

16 SEC. 701. SHORT TITLE. 

17 This title may be cited as the ‘‘Coast Guard Mod18 ernization Act of 2009’’. 

19 Subtitle A—Coast Guard 

20 Leadership 

21 SEC. 711. ADMIRALS AND VICE ADMIRALS. 

22 (a) ADMIRALS.—Section 41 of title 14, United States 

23 Code, is amended by striking ‘‘an admiral,’’ and inserting 

24 ‘‘admirals;’’. 

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1 (b) VICE COMMANDANT.—Section 47 of title 14, United 

2 States Code, is amended— 

3 (1) in the section heading by striking ‘‘assign4 ment’’ and inserting ‘‘appointment’’; and 

5 (2) in the text by striking ‘‘vice admiral’’ and 

6 inserting ‘‘admiral’’. 

7 (c) VICE ADMIRALS.— 

8 (1) IN GENERAL.—Section 50 of title 14, United 

9 States Code, is amended to read as follows: 

10 ‘‘§ 50. Vice admirals 

11 ‘‘(a)(1) The President may designate 4 positions of im12 portance and responsibility that shall be held by officers 

13 who— 

14 ‘‘(A) while so serving, shall have the grade of vice 

15 admiral, with the pay and allowances of that grade; 

16 and 

17 ‘‘(B) shall perform any duties as the Com18 mandant may prescribe. 

19 ‘‘(2) The 4 vice admiral positions authorized under 

20 paragraph (1) are, respectively, the following: 

21 ‘‘(A) The Deputy Commandant for Mission Sup22 port. 

23 ‘‘(B) The Deputy Commandant for Operations 

24 and Policy. 

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1 ‘‘(C) The Commander, Force Readiness Com2 mand. 

3 ‘‘(D) The Commander, Operations Command. 

4 ‘‘(3) The President may appoint, by and with the ad5 vice and consent of the Senate, and reappoint, by and with 

6 the advice and consent of the Senate, to each of the positions 

7 designated under paragraph (1) an officer of the Coast 

8 Guard who is serving on active duty above the grade of cap9 tain. The Commandant shall make recommendations for 

10 those appointments. 

11 ‘‘(4)(A) Except as provided in subparagraph (B), the 

12 Deputy Commandant for Operations and Policy must have 

13 at least 10 years experience in vessel inspection, marine 

14 casualty investigations, mariner licensing, or an equivalent 

15 technical expertise in the design and construction of com16 mercial vessels, with at least 4 years of leadership experi17 ence at a staff or unit carrying out marine safety functions. 

18 ‘‘(B) The requirements of subparagraph (A) do not 

19 apply to such Deputy Commandant if the subordinate offi20 cer serving in the grade of rear admiral with responsibil21 ities for marine safety, security, and stewardship possesses 

22 that experience. 

23 ‘‘(b)(1) The appointment and the grade of vice admiral 

24 under this section shall be effective on the date the officer 

25 assumes that duty and, except as provided in paragraph 

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1 (2) of this subsection or in section 51(d) of this title, shall 

2 terminate on the date the officer is detached from that duty. 

3 ‘‘(2) An officer who is appointed to a position des4 ignated under subsection (a) shall continue to hold the 

5 grade of vice admiral— 

6 ‘‘(A) while under orders transferring the officer 

7 to another position designated under subsection (a), 

8 beginning on the date the officer is detached from 

9 duty and terminating on the date before the day the 

10 officer assumes the subsequent duty, but not for more 

11 than 60 days; 

12 ‘‘(B) while hospitalized, beginning on the day of 

13 the hospitalization and ending on the day the officer 

14 is discharged from the hospital, but not for more than 

15 180 days; and 

16 ‘‘(C) while awaiting retirement, beginning on the 

17 date the officer is detached from duty and ending on 

18 the day before the officer’s retirement, but not for 

19 more than 60 days. 

20 ‘‘(c)(1) An appointment of an officer under subsection 

21 (a) does not vacate the permanent grade held by the officer. 

22 ‘‘(2) An officer serving in a grade above rear admiral 

23 who holds the permanent grade of rear admiral (lower half) 

24 shall be considered for promotion to the permanent grade 

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1 of rear admiral as if the officer was serving in the officer’s 

2 permanent grade. 

3 ‘‘(d) Whenever a vacancy occurs in a position des4 ignated under subsection (a), the Commandant shall inform 

5 the President of the qualifications needed by an officer serv6 ing in that position to carry out effectively the duties and 

7 responsibilities of that position.’’. 

8 (2) APPLICATION OF DEPUTY COMMANDANT

9 QUALIFICATION REQUIREMENT.—The requirement 

10 under section 50(a)(4)(A) of title 14, United States 

11 Code, as amended by this subsection, shall apply on 

12 and after October 1, 2011. 

13 (d) REPEAL.—Section 50a of title 14, United States 

14 Code, is repealed. 

15 (e) CONFORMING AMENDMENT.—Section 51 of that 

16 title is amended— 

17 (1) by amending subsections (a), (b), and (c) to 

18 read as follows: 

19 ‘‘(a) An officer, other than the Commandant, who, 

20 while serving in the grade of admiral or vice admiral, is 

21 retired for physical disability shall be placed on the retired 

22 list with the highest grade in which that officer served. 

23 ‘‘(b) An officer, other than the Commandant, who is 

24 retired while serving in the grade of admiral or vice admi25 ral, or who, after serving at least two and one-half years 

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1 in the grade of admiral or vice admiral, is retired while 

2 serving in a lower grade, may in the discretion of the Presi3 dent, be retired with the highest grade in which that officer 

4 served. 

5 ‘‘(c) An officer, other than the Commandant, who, after 

6 serving less than two and one-half years in the grade of 

7 admiral or vice admiral, is retired while serving in a lower 

8 grade, shall be retired in his permanent grade.’’; and 

9 (2) in subsection (d)(2) by striking ‘‘Area Com10 mander, or Chief of Staff’’ and inserting ‘‘or Vice Ad11 mirals’’. 

12 (f) CONTINUITY OF GRADE.—Section 52 of title 14, 

13 United States Code, is amended— 

14 (1) in the section heading by inserting ‘‘and 

15 admirals’’ after ‘‘Vice admirals’’; and 

16 (2) in the text by inserting ‘‘or admiral’’ after 

17 ‘‘vice admiral’’ the first time that term appears. 

18 (g) CONTINUATION ON ACTIVE DUTY.—The second sen19 tence of section 290(a) of title 14, United States Code, is 

20 amended to read as follows: ‘‘Officers, other than the Com21 mandant, serving for the time being or who have served in 

22 the grade of vice admiral or admiral are not subject to con23 sideration for continuation under this subsection, and as 

24 to all other provisions of this section shall be considered 

25 as having been continued in the grade of rear admiral.’’. 

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1 (h) TREATMENT OF INCUMBENTS; TRANSITION.— 

2 (1) VICE COMMANDANT.—Notwithstanding any 

3 other provision of law, the officer who, on the date of 

4 enactment of this Act, is serving in the Coast Guard 

5 as Vice Commandant— 

6 (A) shall continue to serve as Vice Com7 mandant; 

8 (B) shall have the grade of admiral with 

9 pay and allowances of that grade; and 

10 (C) shall not be required to be reappointed 

11 by reason of the enactment of this Act. 

12 (2) CHIEF OF STAFF, COMMANDER, ATLANTIC

13 AREA, OR COMMANDER, PACIFIC AREA.—Notwith14 standing any other provision of law, an officer who, 

15 on the date of enactment of this Act, is serving in the 

16 Coast Guard as Chief of Staff, Commander, Atlantic 

17 Area, or Commander, Pacific Area— 

18 (A) shall continue to have the grade of vice 

19 admiral with pay and allowance of that grade 

20 until such time that the officer is relieved of his 

21 or her duties and appointed and confirmed to 

22 another position as a vice admiral or admiral; 

23 and 

24 (B) for the purposes of transition, may con25 tinue, for not more than one year after the date 

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1 of enactment of this Act, to perform the duties of 

2 the officer’s former position and any other such 

3 duties that the Commandant prescribes. 

4 (i) CLERICAL AMENDMENTS.— 

5 (1) The table of sections at the beginning of 

6 chapter 3 of title 14, United States Code, is amend7 ed— 

8 (A) by striking the item relating to section 

9 47 and inserting the following: 

‘‘47. Vice Commandant; appointment.’’; 

10 (B) by striking the item relating to section 

11 50 and inserting the following: 

‘‘50. Vice admirals.’’; 

12 (C) by striking the item relating to section 

13 50a; and 

14 (D) by striking the item relating to section 

15 52 and inserting the following: 

‘‘52. Vice admirals and admirals, continuity of grade.’’. 

16 (j) TECHNICAL CORRECTION.—Section 47 of title 14, 

17 United States Code, is further amended in the fifth sentence 

18 by striking ‘‘subsection’’ and inserting ‘‘section’’. 

19 Subtitle B—Marine Safety 

20 Administration 

21 SEC. 721. MARINE SAFETY. 

22 (a) ESTABLISH MARINE SAFETY AS A COAST GUARD

23 FUNCTION.—Chapter 5 of title 14, United States Code, is 

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1 further amended by adding at the end the following new 

2 section: 

3 ‘‘§ 101. Marine safety 

4 ‘‘To protect life, property, and the environment on, 

5 under, and over waters subject to the jurisdiction of the 

6 United States and on vessels subject to the jurisdiction of 

7 the United States, the Commandant shall promote mari8 time safety as follows: 

9 ‘‘(1) By taking actions necessary and in the pub10 lic interest to protect such life, property, and the envi11 ronment. 

12 ‘‘(2) Based on the following priorities: 

13 ‘‘(A) Preventing marine casualties and 

14 threats to the environment. 

15 ‘‘(B) Minimizing the impacts of marine 

16 casualties and environmental threats. 

17 ‘‘(C) Maximizing lives and property saved 

18 and environment protected in the event of a ma19 rine casualty.’’. 

20 (b) CLERICAL AMENDMENT.—The analysis at the be21 ginning of such chapter is further amended by adding at 

22 the end the following new item: 

‘‘101. Marine safety.’’. 

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1 SEC. 722. MARINE SAFETY STAFF. 

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

3 Code, is further amended by adding at the end the following 

4 new sections: 

5 ‘‘§ 57. Marine safety workforce 

6 ‘‘(a) DESIGNATION OF MARINE SAFETY WORK7 FORCE.— 

8 ‘‘(1) IN GENERAL.—The Secretary, acting 

9 through the Commandant, shall designate those posi10 tions in the Coast Guard that constitute the marine 

11 safety workforce. 

12 ‘‘(2) REQUIRED POSITIONS.—In designating po13 sitions under paragraph (1), the Secretary shall in14 clude, at a minimum, the following marine safety-re15 lated positions: 

16 ‘‘(A) Program oversight. 

17 ‘‘(B) Vessel and facility inspection. 

18 ‘‘(C) Casualty investigation. 

19 ‘‘(D) Pollution investigation. 

20 ‘‘(E) Merchant Mariner licensing, docu21 mentation, and registry. 

22 ‘‘(F) Marine safety engineering or other 

23 technical activities. 

24 ‘‘(3) MARINE SAFETY MANAGEMENT HEAD25 QUARTER ACTIVITIES.—The Secretary shall also des26 ignate under paragraph (1) those marine safety-remstockstill on DSKH9S0YB1PROD with BILLS

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1 lated positions located at Coast Guard headquarters 

2 units, including the Marine Safety Center and the 

3 National Maritime Center. 

4 ‘‘(b) CAREER PATHS.—The Secretary, acting through 

5 the Commandant, shall ensure that appropriate career 

6 paths for civilian and military Coast Guard personnel who 

7 wish to pursue careers in marine safety are identified in 

8 terms of the education, training, experience, and assign9 ments necessary for career progression of civilians and 

10 members of the Armed Forces to the most senior marine 

11 safety positions. The Secretary shall make available pub12 lished information on such career paths. 

13 ‘‘(c) QUALIFICATIONS.—With regard to the marine 

14 safety workforce, an officer, member, or civilian employee 

15 of the Coast Guard assigned as a— 

16 ‘‘(1) marine inspector shall have the training, 

17 experience, and qualifications equivalent to that re18 quired for a similar position at a classification soci19 ety recognized by the Secretary under section 3316 of 

20 title 46 for the type of vessel, system, or equipment 

21 that is inspected; 

22 ‘‘(2) marine casualty investigator shall have 

23 training, experience, and qualifications in investiga24 tion, marine casualty reconstruction, evidence collec25 tion and preservation, human factors, and documstockstill on DSKH9S0YB1PROD with BILLS

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1 mentation using best investigation practices by Fed2 eral and non-Federal entities; or 

3 ‘‘(3) marine safety engineer shall have knowl4 edge, skill, and practical experience in— 

5 ‘‘(A) the construction and operation of com6 mercial vessels; 

7 ‘‘(B) judging the character, strength, sta8 bility, and safety qualities of such vessels and 

9 their equipment; or 

10 ‘‘(C) the qualifications and training of ves11 sel personnel. 

12 ‘‘(d) APPRENTICESHIP REQUIREMENT.—Any officer, 

13 member, or employee of the Coast Guard in training to be14 come a marine inspector, marine casualty investigator, or 

15 a marine safety engineer shall serve a minimum of one16 year apprenticeship, unless otherwise directed by the Com17 mandant, under the guidance of a qualified marine inspec18 tor, marine casualty investigator, or marine safety engi19 neer. The Commandant may authorize shorter apprentice20 ship periods for certain qualifications, as appropriate. 

21 ‘‘(e) BALANCED WORKFORCE POLICY.—In the develop22 ment of marine safety workforce policies under this section 

23 with respect to any civilian employees or applicants for em24 ployment with the Coast Guard, the Secretary shall, con25 sistent with the merit system principles set out in paramstockstill on DSKH9S0YB1PROD with BILLS

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1 graphs (1) and (2) of section 2301(b) of title 5, take into 

2 consideration the need to maintain a balanced workforce 

3 in which women and members of racial and ethnic minor4 ity groups are appropriately represented in Government 

5 service. 

6 ‘‘(f) MANAGEMENT INFORMATION SYSTEM.—The Sec7 retary, acting through the Commandant, shall establish a 

8 management information system for the marine safety 

9 workforce that shall provide, at a minimum, the following 

10 standardized information on persons serving in marine 

11 safety positions: 

12 ‘‘(1) Qualifications, assignment history, and ten13 ure in assignments of persons in the marine safety 

14 workforce. 

15 ‘‘(2) Promotion rates for military and civilian 

16 personnel in the marine safety workforce. 

17 ‘‘(g) ASSESSMENT OF ADEQUACY OF MARINE SAFETY

18 WORKFORCE.— 

19 ‘‘(1) REPORT.—The Secretary, acting through 

20 the Commandant, shall report to the Committee on 

21 Transportation and Infrastructure of the House of 

22 Representatives and the Committee on Commerce, 

23 Science, and Transportation of the Senate by Decem24 ber 1 of each year on the adequacy of the current mamstockstill on DSKH9S0YB1PROD with BILLS

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1 rine safety workforce to meet that anticipated work2 load. 

3 ‘‘(2) CONTENTS.—The report shall specify the 

4 number of civilian and military Coast Guard per5 sonnel currently assigned to marine safety positions 

6 and shall identify positions that are understaffed to 

7 meet the anticipated marine safety workload. 

8 ‘‘(h) SECTOR CHIEF OF MARINE SAFETY.— 

9 ‘‘(1) IN GENERAL.—There shall be in each Coast 

10 Guard sector a Chief of Marine Safety who shall be 

11 at least a Lieutenant Commander or civilian em12 ployee within the grade GS–13 of the General Sched13 ule, and who shall be a— 

14 ‘‘(A) marine inspector, qualified to inspect 

15 vessels, vessel systems, and equipment commonly 

16 found in the sector; and 

17 ‘‘(B) qualified marine casualty investigator. 

18 ‘‘(2) FUNCTIONS.—The Chief of Marine Safety 

19 for a sector— 

20 ‘‘(A) is responsible for all individuals who, 

21 on behalf of the Coast Guard, inspect or examine 

22 vessels, conduct marine casualty investigations; 

23 and 

24 ‘‘(B) if not the Coast Guard officer in com25 mand of that sector, is the principal advisor to 

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1 the Sector Commander regarding marine safety 

2 matters in that sector. 

3 ‘‘(i) SIGNATORIES OF LETTER OF QUALIFICATION.— 

4 Each individual signing a letter of qualification for marine 

5 safety personnel must hold a letter of qualification for the 

6 type being certified. 

7 ‘‘§ 58. Centers of Expertise for Marine Safety 

8 ‘‘(a) ESTABLISHMENT.—The Commandant of the 

9 Coast Guard may establish and operate one or more Centers 

10 of Expertise for Marine Safety (in this section referred to 

11 as a ‘Center’). 

12 ‘‘(b) MISSIONS.—The Centers shall— 

13 ‘‘(1) be used to provide and facilitate education, 

14 training, and research in marine safety including 

15 vessel inspection and causality investigation; 

16 ‘‘(2) develop a repository of information on ma17 rine safety; and 

18 ‘‘(3) perform any other missions as the Com19 mandant may specify. 

20 ‘‘(c) JOINT OPERATION WITH EDUCATIONAL INSTITU21 TION AUTHORIZED.—The Commandant may enter into an 

22 agreement with an appropriate official of an institution of 

23 higher education to— 

24 ‘‘(1) provide for joint operation of a Center; and 

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1 ‘‘(2) provide necessary administrative services 

2 for a Center, including administration and allocation 

3 of funds. 

4 ‘‘(d) ACCEPTANCE OF DONATIONS.—(1) Except as pro5 vided in paragraph (2), the Commandant may accept, on 

6 behalf of a Center, donations to be used to defray the costs 

7 of the Center or to enhance the operation of the Center. 

8 Those donations may be accepted from any State or local 

9 government, any foreign government, any foundation or 

10 other charitable organization (including any that is orga11 nized or operates under the laws of a foreign country), or 

12 any individual. 

13 ‘‘(2) The Commandant may not accept a donation 

14 under paragraph (1) if the acceptance of the donation 

15 would compromise or appear to compromise— 

16 ‘‘(A) the ability of the Coast Guard or the de17 partment in which the Coast Guard is operating, any 

18 employee of the Coast Guard or the department, or 

19 any member of the Armed Forces to carry out any re20 sponsibility or duty in a fair and objective manner; 

21 or 

22 ‘‘(B) the integrity of any program of the Coast 

23 Guard, the department in which the Coast Guard is 

24 operating, or of any person involved in such a pro25 gram. 

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1 ‘‘(3) The Commandant shall prescribe written guid2 ance setting forth the criteria to be used in determining 

3 whether or not the acceptance of a donation from a foreign 

4 source would have a result described in paragraph (2). 

5 ‘‘§ 59. Marine industry training program 

6 ‘‘(a) IN GENERAL.—The Commandant shall, by policy, 

7 establish a program under which an officer, member, or em8 ployee of the Coast Guard may be assigned to a private 

9 entity to further the institutional interests of the Coast 

10 Guard with regard to marine safety, including for the pur11 pose of providing training to an officer, member, or em12 ployee. Policies to carry out the program— 

13 ‘‘(1) with regard to an employee of the Coast 

14 Guard, shall include provisions, consistent with sec15 tions 3702 through 3704 of title 5, as to matters con16 cerning— 

17 ‘‘(A) the duration and termination of as18 signments; 

19 ‘‘(B) reimbursements; and 

20 ‘‘(C) status, entitlements, benefits, and obli21 gations of program participants; and 

22 ‘‘(2) shall require the Commandant, before ap23 proving the assignment of an officer, member, or em24 ployee of the Coast Guard to a private entity, to de25 termine that the assignment is an effective use of the 

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1 Coast Guard’s funds, taking into account the best in2 terests of the Coast Guard and the costs and benefits 

3 of alternative methods of achieving the same results 

4 and objectives. 

5 ‘‘(b) ANNUAL REPORT.—Not later than the date of the 

6 submission each year of the President’s budget request under 

7 section 1105 of title 31, the Commandant shall submit to 

8 the Committee on Transportation and Infrastructure of the 

9 House of Representatives and the Committee on Commerce, 

10 Science, and Transportation of the Senate a report that de11 scribes— 

12 ‘‘(1) the number of officers, members, and em13 ployees of the Coast Guard assigned to private entities 

14 under this section; and 

15 ‘‘(2) the specific benefit that accrues to the Coast 

16 Guard for each assignment.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections at 

18 the beginning of such chapter is further amended by adding 

19 at the end the following new items: 

‘‘57. Marine safety workforce. 

‘‘58. Centers of Expertise for Marine Safety. 

‘‘59. Marine industry training program.’’. 

20 SEC. 723. MARINE SAFETY MISSION PRIORITIES AND LONG21 TERM GOALS. 

22 (a) IN GENERAL.—Chapter 21 of title 46, United 

23 States Code, is amended by adding at the end the following 

24 new section: 

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1 ‘‘§ 2116. Marine safety strategy, goals, and perform2 ance assessments 

3 ‘‘(a) LONG-TERM STRATEGY AND GOALS.—In conjunc4 tion with existing federally required strategic planning ef5 forts, the Secretary shall develop a long-term strategy for 

6 improving vessel safety and the safety of individuals on ves7 sels. The strategy shall include the issuance each year of 

8 an annual plan and schedule for achieving the following 

9 goals: 

10 ‘‘(1) Reducing the number and rates of marine 

11 casualties. 

12 ‘‘(2) Improving the consistency and effectiveness 

13 of vessel and operator enforcement and compliance 

14 programs. 

15 ‘‘(3) Identifying and targeting enforcement ef16 forts at high-risk vessels and operators. 

17 ‘‘(4) Improving research efforts to enhance and 

18 promote vessel and operator safety and performance. 

19 ‘‘(b) CONTENTS OF STRATEGY AND ANNUAL PLANS.— 

20 ‘‘(1) MEASURABLE GOALS.—The strategy and 

21 annual plans shall include specific numeric or meas22 urable goals designed to achieve the goals set forth in 

23 subsection (a). The purposes of the numeric or meas24 urable goals are the following: 

25 ‘‘(A) To increase the number of safety ex26 aminations on all high-risk vessels. 

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1 ‘‘(B) To eliminate the backlog of marine 

2 safety-related rulemakings. 

3 ‘‘(C) To improve the quality and effective4 ness of marine safety information databases by 

5 ensuring that all Coast Guard personnel accu6 rately and effectively report all safety, casualty, 

7 and injury information. 

8 ‘‘(D) To provide for a sufficient number of 

9 Coast Guard marine safety personnel, and pro10 vide adequate facilities and equipment to carry 

11 out the functions referred to in section 93(c). 

12 ‘‘(2) RESOURCE NEEDS.—The strategy and an13 nual plans shall include estimates of— 

14 ‘‘(A) the funds and staff resources needed to 

15 accomplish each activity included in the strategy 

16 and plans; and 

17 ‘‘(B) the staff skills and training needed for 

18 timely and effective accomplishment of each goal. 

19 ‘‘(c) SUBMISSION WITH THE PRESIDENT’S BUDGET.— 

20 Beginning with fiscal year 2011 and each fiscal year there21 after, the Secretary shall submit to Congress the strategy 

22 and annual plan not later than 60 days following the trans23 mission of the President’s budget submission under section 

24 1105 of title 31. 

25 ‘‘(d) ACHIEVEMENT OF GOALS.— 

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1 ‘‘(1) PROGRESS ASSESSMENT.—No less fre2 quently than semiannually, the Coast Guard Com3 mandant and the Assistant Commandant for Marine 

4 Safety shall jointly assess the progress of the Coast 

5 Guard toward achieving the goals set forth in sub6 section (b). The Commandant and the Assistant Com7 mandant shall jointly convey their assessment to the 

8 employees of the Assistant Commandant and shall 

9 identify any deficiencies that should be remedied be10 fore the next progress assessment. 

11 ‘‘(2) REPORT TO CONGRESS.—The Secretary 

12 shall report annually to the Committee on Transpor13 tation and Infrastructure of the House of Representa14 tives and the Committee on Commerce, Science, and 

15 Transportation of the Senate— 

16 ‘‘(A) on the performance of the marine safe17 ty program in achieving the goals of the marine 

18 safety strategy and annual plan under sub19 section (a) for the year covered by the report; 

20 ‘‘(B) on the program’s mission performance 

21 in achieving numerical measurable goals estab22 lished under subsection (b); and 

23 ‘‘(C) recommendations on how to improve 

24 performance of the program.’’. 

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

2 chapter is amended by adding at the end the following new 

3 item: 

‘‘2116. Marine safety strategy, goals, and performance assessments.’’. 

4 (c) CERTIFICATES OF INSPECTION.—Section 3309 of 

5 title 46, United States Code, is amended by adding at the 

6 end the following: 

7 ‘‘(d) A certificate of inspection issued under this sec8 tion shall be signed by the senior Coast Guard member or 

9 civilian employee who inspected the vessel, in addition to 

10 the officer in charge of marine inspection.’’. 

11 SEC. 724. POWERS AND DUTIES. 

12 Section 93 of title 14, United States Code, is amended 

13 by adding at the end the following new subsections: 

14 ‘‘(c) MARINE SAFETY RESPONSIBILITIES.—In exer15 cising the Commandant’s duties and responsibilities with 

16 regard to marine safety, the individual with the highest 

17 rank who meets the experience qualifications set forth in 

18 section 50(a)(4) shall serve as the principal advisor to the 

19 Commandant regarding— 

20 ‘‘(1) the operation, regulation, inspection, identi21 fication, manning, and measurement of vessels, in22 cluding plan approval and the application of load 

23 lines; 

24 ‘‘(2) approval of materials, equipment, appli25 ances, and associated equipment; 

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1 ‘‘(3) the reporting and investigation of marine 

2 casualties and accidents; 

3 ‘‘(4) the licensing, certification, documentation, 

4 protection and relief of merchant seamen; 

5 ‘‘(5) suspension and revocation of licenses and 

6 certificates; 

7 ‘‘(6) enforcement of manning requirements, citi8 zenship requirements, control of log books; 

9 ‘‘(7) documentation and numbering of vessels; 

10 ‘‘(8) State boating safety programs; 

11 ‘‘(9) commercial instruments and maritime 

12 liens; 

13 ‘‘(10) the administration of bridge safety; 

14 ‘‘(11) administration of the navigation rules; 

15 ‘‘(12) the prevention of pollution from vessels; 

16 ‘‘(13) ports and waterways safety; 

17 ‘‘(14) waterways management; including regula18 tion for regattas and marine parades; 

19 ‘‘(15) aids to navigation; and 

20 ‘‘(16) other duties and powers of the Secretary 

21 related to marine safety and stewardship. 

22 ‘‘(d) OTHER AUTHORITY NOT AFFECTED.—Nothing in 

23 subsection (c) affects— 

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1 ‘‘(1) the authority of Coast Guard officers and 

2 members to enforce marine safety regulations using 

3 authority under section 89 of this title; or 

4 ‘‘(2) the exercise of authority under section 91 of 

5 this title and the provisions of law codified at sections 

6 191 through 195 of title 50 on the date of enactment 

7 of this paragraph.’’. 

8 SEC. 725. APPEALS AND WAIVERS. 

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

10 Code, is further amended by inserting at the end the fol11 lowing new section: 

12 ‘‘§ 102. Appeals and waivers 

13 ‘‘Except for the Commandant of the Coast Guard, any 

14 individual adjudicating an appeal or waiver of a decision 

15 regarding marine safety, including inspection or manning 

16 and threats to the environment, shall— 

17 ‘‘(1) be a qualified specialist with the training, 

18 experience, and qualifications in marine safety to ef19 fectively judge the facts and circumstances involved in 

20 the appeal and make a judgment regarding the merits 

21 of the appeal; or 

22 ‘‘(2) have a senior staff member who— 

23 ‘‘(A) meets the requirements of paragraph 

24 (1); 

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1 ‘‘(B) actively advises the individual adjudi2 cating the appeal; and 

3 ‘‘(C) concurs in writing on the decision on 

4 appeal.’’. 

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

6 chapter is further amended by adding at the end the fol7 lowing new item: 

‘‘102. Appeals and waivers.’’. 

8 SEC. 726. COAST GUARD ACADEMY. 

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

10 Code, is further amended by adding at the end the following 

11 new section: 

12 ‘‘§ 200. Marine safety curriculum 

13 ‘‘The Commandant of the Coast Guard shall ensure 

14 that professional courses of study in marine safety are pro15 vided at the Coast Guard Academy, and during other officer 

16 accession programs, to give Coast Guard cadets and other 

17 officer candidates a background and understanding of the 

18 marine safety program. These courses may include such 

19 topics as program history, vessel design and construction, 

20 vessel inspection, casualty investigation, and administra21 tive law and regulations.’’. 

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

23 chapter is further amended by adding at the end the fol24 lowing new item: 

‘‘200. Marine safety curriculum.’’. 

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1 SEC. 727. REPORT REGARDING CIVILIAN MARINE INSPEC2 TORS. 

3 Not later than one year after the date of enactment 

4 of this Act, the Commandant of the Coast Guard shall sub5 mit to the Committee on Transportation and Infrastructure 

6 of the House of Representatives and the Committee on Com7 merce, Science, and Transportation of the Senate a report 

8 on Coast Guard’s efforts to recruit and retain civilian ma9 rine inspectors and investigators and the impact of such 

10 recruitment and retention efforts on Coast Guard organiza11 tional performance. 

12 TITLE VIII—MARINE SAFETY 

13 SEC. 801. SHORT TITLE. 

14 This title may be cited as the ‘‘Maritime Safety Act 

15 of 2009’’. 

16 SEC. 802. VESSEL SIZE LIMITS. 

17 (a) LENGTH, TONNAGE, AND HORSEPOWER.—Section 

18 12113(d)(2) of title 46, United States Code, is amended— 

19 (1) by inserting ‘‘and’’ after the semicolon at the 

20 end of subparagraph (A)(i); 

21 (2) by striking ‘‘and’’ at the end of subpara22 graph (A)(ii); 

23 (3) by striking subparagraph (A)(iii); 

24 (4) by striking the period at the end of subpara25 graph (B) and inserting ‘‘; or’’; and 

26 (5) by inserting at the end the following: 

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1 ‘‘(C) the vessel is either a rebuilt vessel or 

2 a replacement vessel under section 208(g) of the 

3 American Fisheries Act (title II of division C of 

4 Public Law 105–277; 112 Stat. 2681–627) and 

5 is eligible for a fishery endorsement under this 

6 section.’’. 

7 (b) CONFORMING AMENDMENTS.— 

8 (1) VESSEL REBUILDING AND REPLACEMENT.— 

9 Section 208(g) of the American Fisheries Act (title II 

10 of division C of Public Law 105–277; 112 Stat. 2681– 

11 627) is amended to read as follows: 

12 ‘‘(g) VESSEL REBUILDING AND REPLACEMENT.— 

13 ‘‘(1) IN GENERAL.— 

14 ‘‘(A) REBUILD OR REPLACE.—Notwith15 standing any limitation to the contrary on re16 placing, rebuilding, or lengthening vessels or 

17 transferring permits or licenses to a replacement 

18 vessel contained in sections 679.2 and 679.4 of 

19 title 50, Code of Federal Regulations, as in effect 

20 on the date of enactment of the Maritime Safety 

21 Act of 2009 and except as provided in paragraph 

22 (4), the owner of a vessel eligible under sub23 section (a), (b), (c), (d), or (e) (other than para24 graph (21)), in order to improve vessel safety 

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1 ciency), may rebuild or replace that vessel (in2 cluding fuel efficiency) with a vessel documented 

3 with a fishery endorsement under section 12113 

4 of title 46, United States Code. 

5 ‘‘(B) SAME REQUIREMENTS.—The rebuilt or 

6 replacement vessel shall be eligible in the same 

7 manner and subject to the same restrictions and 

8 limitations under such subsection as the vessel 

9 being rebuilt or replaced. 

10 ‘‘(C) TRANSFER OF PERMITS AND LI11 CENSES.—Each fishing permit and license held 

12 by the owner of a vessel or vessels to be rebuilt 

13 or replaced under subparagraph (A) shall be 

14 transferred to the rebuilt or replacement vessel. 

15 ‘‘(2) RECOMMENDATIONS OF NORTH PACIFIC

16 FISHERY MANAGEMENT COUNCIL.—The North Pacific 

17 Fishery Management Council may recommend for ap18 proval by the Secretary such conservation and man19 agement measures, including size limits and measures 

20 to control fishing capacity, in accordance with the 

21 Magnuson-Stevens Act as it considers necessary to en22 sure that this subsection does not diminish the effec23 tiveness of fishery management plans of the Bering 

24 Sea and Aleutian Islands Management Area or the 

25 Gulf of Alaska. 

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1 ‘‘(3) SPECIAL RULE FOR REPLACEMENT OF CER2 TAIN VESSELS.— 

3 ‘‘(A) IN GENERAL.—Notwithstanding the re4 quirements of subsections (b)(2), (c)(1), and 

5 (c)(2) of section 12113 of title 46, United States 

6 Code, a vessel that is eligible under subsection 

7 (a), (b), (c), (d), or (e) (other than paragraph 

8 (21)) and that qualifies to be documented with 

9 a fishery endorsement pursuant to section 203(g) 

10 or 213(g) may be replaced with a replacement 

11 vessel under paragraph (1) if the vessel that is 

12 replaced is validly documented with a fishery en13 dorsement pursuant to section 203(g) or 213(g) 

14 before the replacement vessel is documented with 

15 a fishery endorsement under section 12113 of 

16 title 46, United States Code. 

17 ‘‘(B) APPLICABILITY.—A replacement vessel 

18 under subparagraph (A) and its owner and 

19 mortgagee are subject to the same limitations 

20 under section 203(g) or 213(g) that are applica21 ble to the vessel that has been replaced and its 

22 owner and mortgagee. 

23 ‘‘(4) SPECIAL RULES FOR CERTAIN CATCHER

24 VESSELS.— 

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1 ‘‘(A) IN GENERAL.—A replacement for a 

2 covered vessel described in subparagraph (B) is 

3 prohibited from harvesting fish in any fishery 

4 (except for the Pacific whiting fishery) managed 

5 under the authority of any Regional Fishery 

6 Management Council (other than the North Pa7 cific Fishery Management Council) established 

8 under section 302(a) of the Magnuson-Stevens 

9 Act. 

10 ‘‘(B) COVERED VESSELS.—A covered vessel 

11 referred to in subparagraph (A) is— 

12 ‘‘(i) a vessel eligible under subsection 

13 (a), (b), or (c) that is replaced under para14 graph (1); or 

15 ‘‘(ii) a vessel eligible under subsection 

16 (a), (b), or (c) that is rebuilt to increase its 

17 registered length, gross tonnage, or shaft 

18 horsepower. 

19 ‘‘(5) LIMITATION ON FISHERY ENDORSEMENTS.— 

20 Any vessel that is replaced under this subsection shall 

21 thereafter not be eligible for a fishery endorsement 

22 under section 12113 of title 46, United States Code, 

23 unless that vessel is also a replacement vessel de24 scribed in paragraph (1). 

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1 ‘‘(6) GULF OF ALASKA LIMITATION.—Notwith2 standing paragraph (1), the Secretary shall prohibit 

3 from participation in the groundfish fisheries of the 

4 Gulf of Alaska any vessel that is rebuilt or replaced 

5 under this subsection and that exceeds the maximum 

6 length overall specified on the license that authorizes 

7 fishing for groundfish pursuant to the license limita8 tion program under part 679 of title 50, Code of Fed9 eral Regulations, as in effect on the date of enactment 

10 of the Maritime Safety Act of 2009. 

11 ‘‘(7) AUTHORITY OF PACIFIC COUNCIL.—Nothing 

12 in this section shall be construed to diminish or other13 wise affect the authority of the Pacific Council to rec14 ommend to the Secretary conservation and manage15 ment measures to protect fisheries under its jurisdic16 tion (including the Pacific whiting fishery) and par17 ticipants in such fisheries from adverse impacts 

18 caused by this Act.’’. 

19 (2) EXEMPTION OF CERTAIN VESSELS.—Section 

20 203(g) of the American Fisheries Act (title II of divi21 sion C of Public Law 105–277; 112 Stat. 2681–620) 

22 is amended— 

23 (A) by inserting ‘‘and’’ after ‘‘(United 

24 States official number 651041)’’; 

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1 (B) by striking ‘‘, NORTHERN TRAV2 ELER (United States official number 635986), 

3 and NORTHERN VOYAGER (United States of4 ficial number 637398) (or a replacement vessel 

5 for the NORTHERN VOYAGER that complies 

6 with paragraphs (2), (5), and (6) of section 

7 208(g) of this Act)’’; and 

8 (C) by striking ‘‘, in the case of the 

9 NORTHERN’’ and all that follows through 

10 ‘‘PHOENIX,’’. 

11 (3) FISHERY COOPERATIVE EXIT PROVISIONS.— 

12 Section 210(b) of the American Fisheries Act (title II 

13 of division C of Public Law 105–277; 112 Stat. 2681– 

14 629) is amended— 

15 (A) by moving the matter beginning with 

16 ‘‘the Secretary shall’’ in paragraph (1) 2 ems to 

17 the right; and 

18 (B) by adding at the end the following: 

19 ‘‘(7) FISHERY COOPERATIVE EXIT PROVISIONS.— 

20 ‘‘(A) FISHING ALLOWANCE DETERMINA21 TION.—For purposes of determining the aggre22 gate percentage of directed fishing allowances 

23 under paragraph (1), when a catcher vessel is re24 moved from the directed pollock fishery, the fishmstockstill on DSKH9S0YB1PROD with BILLS

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1 ery allowance for pollock for the vessel being re2 moved— 

3 ‘‘(i) shall be based on the catch history 

4 determination for the vessel made pursuant 

5 to section 679.62 of title 50, Code of Federal 

6 Regulations, as in effect on the date of en7 actment of the Maritime Safety Act of 2009; 

8 and 

9 ‘‘(ii) shall be assigned, for all purposes 

10 under this title, in the manner specified by 

11 the owner of the vessel being removed to any 

12 other catcher vessel or among other catcher 

13 vessels participating in the fishery coopera14 tive if such vessel or vessels remain in the 

15 fishery cooperative for at least one year 

16 after the date on which the vessel being re17 moved leaves the directed pollock fishery. 

18 ‘‘(B) ELIGIBILITY FOR FISHERY ENDORSE19 MENT.—Except as provided in subparagraph 

20 (C), a vessel that is removed pursuant to this 

21 paragraph shall be permanently ineligible for a 

22 fishery endorsement, and any claim (including 

23 relating to catch history) associated with such 

24 vessel that could qualify any owner of such vessel 

25 for any permit to participate in any fishery 

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1 within the exclusive economic zone of the United 

2 States shall be extinguished, unless such removed 

3 vessel is thereafter designated to replace a vessel 

4 to be removed pursuant to this paragraph. 

5 ‘‘(C) LIMITATIONS ON STATUTORY CON6 STRUCTION.—Nothing in this paragraph shall be 

7 construed— 

8 ‘‘(i) to make the vessels AJ (United 

9 States official number 905625), DONA 

10 MARTITA (United States official number 

11 651751), NORDIC EXPLORER (United 

12 States official number 678234), and 

13 PROVIDIAN (United States official num14 ber 1062183) ineligible for a fishery en15 dorsement or any permit necessary to par16 ticipate in any fishery under the authority 

17 of the New England Fishery Management 

18 Council or the Mid-Atlantic Fishery Man19 agement Council established, respectively, 

20 under subparagraphs (A) and (B) of section 

21 302(a)(1) of the Magnuson-Stevens Act; or 

22 ‘‘(ii) to allow the vessels referred to in 

23 clause (i) to participate in any fishery 

24 under the authority of the Councils referred 

25 to in clause (i) in any manner that is not 

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1 consistent with the fishery management 

2 plan for the fishery developed by the Coun3 cils under section 303 of the Magnuson-Ste4 vens Act.’’. 

5 SEC. 803. COLD WEATHER SURVIVAL TRAINING. 

6 The Commandant of the Coast Guard shall report to 

7 the Committee on Transportation and Infrastructure of the 

8 House of Representatives and the Committee on Commerce, 

9 Science, and Transportation of the Senate on the efficacy 

10 of cold weather survival training conducted by the Coast 

11 Guard in Coast Guard District 17 over the preceding 5 

12 years. The report shall include plans for conducting such 

13 training in fiscal years 2010 through 2013. 

14 SEC. 804. FISHING VESSEL SAFETY. 

15 (a) SAFETY STANDARDS.—Section 4502 of title 46, 

16 United States Code, is amended— 

17 (1) in subsection (a), by— 

18 (A) striking paragraphs (6) and (7) and in19 serting the following: 

20 ‘‘(6) other equipment required to minimize the 

21 risk of injury to the crew during vessel operations, if 

22 the Secretary determines that a risk of serious injury 

23 exists that can be eliminated or mitigated by that 

24 equipment; and’’; and 

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1 (B) redesignating paragraph (8) as para2 graph (7); 

3 (2) in subsection (b)— 

4 (A) in paragraph (1) in the matter pre5 ceding subparagraph (A), by striking ‘‘docu6 mented’’; 

7 (B) in paragraph (1)(A), by striking ‘‘the 

8 Boundary Line’’ and inserting ‘‘3 nautical miles 

9 from the baseline from which the territorial sea 

10 of the United States is measured or beyond 3 

11 nautical miles from the coastline of the Great 

12 Lakes’’; 

13 (C) in paragraph (2)(B), by striking ‘‘life14 boats or liferafts’’ and inserting ‘‘a survival craft 

15 that ensures that no part of an individual is im16 mersed in water’’; 

17 (D) in paragraph (2)(D), by inserting ‘‘ma18 rine’’ before ‘‘radio’’; 

19 (E) in paragraph (2)(E), by striking 

20 ‘‘radar reflectors, nautical charts, and anchors’’ 

21 and inserting ‘‘nautical charts, and publica22 tions’’; 

23 (F) in paragraph (2)(F), by striking ‘‘, in24 cluding medicine chests’’ and inserting ‘‘and 

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1 medical supplies sufficient for the size and area 

2 of operation of the vessel’’ and 

3 (G) by amending paragraph (2)(G) to read 

4 as follows: 

5 ‘‘(G) ground tackle sufficient for the vessel.’’; 

6 (3) by amending subsection (f) to read as follows: 

7 ‘‘(f) To ensure compliance with the requirements of 

8 this chapter, the Secretary— 

9 ‘‘(1) shall require the individual in charge of a 

10 vessel described in subsection (b) to keep a record of 

11 equipment maintenance, and required instruction 

12 and drills; and 

13 ‘‘(2) shall examine at dockside a vessel described 

14 in subsection (b) at least once every 2 years, and shall 

15 issue a certificate of compliance to a vessel meeting 

16 the requirements of this chapter.’’; and 

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

18 ‘‘(g)(1) The individual in charge of a vessel described 

19 in subsection (b) must pass a training program approved 

20 by the Secretary that meets the requirements in paragraph 

21 (2) of this subsection and hold a valid certificate issued 

22 under that program. 

23 ‘‘(2) The training program shall— 

24 ‘‘(A) be based on professional knowledge and skill 

25 obtained through sea service and hands-on training, 

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1 including training in seamanship, stability, collision 

2 prevention, navigation, fire fighting and prevention, 

3 damage control, personal survival, emergency medical 

4 care, emergency drills, and weather; 

5 ‘‘(B) require an individual to demonstrate abil6 ity to communicate in an emergency situation and 

7 understand information found in navigation publica8 tions; 

9 ‘‘(C) recognize and give credit for recent past ex10 perience in fishing vessel operation; and 

11 ‘‘(D) provide for issuance of a certificate to an 

12 individual that has successfully completed the pro13 gram. 

14 ‘‘(3) The Secretary shall prescribe regulations imple15 menting this subsection. The regulations shall require that 

16 individuals who are issued a certificate under paragraph 

17 (2)(D) must complete refresher training at least once every 

18 5 years as a condition of maintaining the validity of the 

19 certificate. 

20 ‘‘(4) The Secretary shall establish a publicly accessible 

21 electronic database listing the names of individuals who 

22 have participated in and received a certificate confirming 

23 successful completion of a training program approved by 

24 the Secretary under this section. 

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1 ‘‘(h) A vessel to which this chapter applies shall be con2 structed in a manner that provides a level of safety equiva3 lent to the minimum safety standards the Secretary may 

4 established for recreational vessels under section 4302, if— 

5 ‘‘(1) subsection (b) of this section applies to the 

6 vessel; 

7 ‘‘(2) the vessel is less than 50 feet overall in 

8 length; and 

9 ‘‘(3) the vessel is built after January 1, 2010. 

10 ‘‘(i)(1) The Secretary shall establish a Fishing Safety 

11 Training Grants Program to provide funding to munici12 palities, port authorities, other appropriate public entities, 

13 not-for-profit organizations, and other qualified persons 

14 that provide commercial fishing safety training— 

15 ‘‘(A) to conduct fishing vessel safety training for 

16 vessel operators and crewmembers that— 

17 ‘‘(i) in the case of vessel operators, meets the 

18 requirements of subsection (g); and 

19 ‘‘(ii) in the case of crewmembers, meets the 

20 requirements of subsection (g)(2)(A), such re21 quirements of subsection (g)(2)(B) as are appro22 priate for crewmembers, and the requirements of 

23 subsections (g)(2)(D), (g)(3), and (g)(4); and 

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1 ‘‘(B) for purchase of safety equipment and train2 ing aids for use in those fishing vessel safety training 

3 programs. 

4 ‘‘(2) The Secretary shall award grants under this sub5 section on a competitive basis. 

6 ‘‘(3) The Federal share of the cost of any activity car7 ried out with a grant under this subsection shall not exceed 

8 75 percent. 

9 ‘‘(4) There is authorized to be appropriated $3,000,000 

10 for each of fiscal years 2010 through 2014 for grants under 

11 this subsection. 

12 ‘‘(j)(1) The Secretary shall establish a Fishing Safety 

13 Research Grant Program to provide funding to individuals 

14 in academia, members of non-profit organizations and busi15 nesses involved in fishing and maritime matters, and other 

16 persons with expertise in fishing safety, to conduct research 

17 on methods of improving the safety of the commercial fish18 ing industry, including vessel design, emergency and sur19 vival equipment, enhancement of vessel monitoring systems, 

20 communications devices, de-icing technology, and severe 

21 weather detection. 

22 ‘‘(2) The Secretary shall award grants under this sub23 section on a competitive basis. 

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1 ‘‘(3) The Federal share of the cost of any activity car2 ried out with a grant under this subsection shall not exceed 

3 75 percent. 

4 ‘‘(4) There is authorized to be appropriated $3,000,000 

5 for each fiscal years 2010 through 2014 for activities under 

6 this subsection.’’. 

7 (b) CONFORMING AMENDMENT.—Section 4506(b) of 

8 title 46, United States Code, is repealed. 

9 (c) ADVISORY COMMITTEE.— 

10 (1) CHANGE OF NAME.—Section 4508 of title 46, 

11 United States Code, is amended— 

12 (A) by striking the section heading and in13 serting the following: 

14 ‘‘§ 4508. Commercial Fishing Safety Advisory Com15 mittee’’; 

16 and 

17 (B) in subsection (a) by striking ‘‘Industry 

18 Vessel’’. 

19 (2) MEMBERSHIP REQUIREMENTS.—Section 

20 4508(b)(1) of that title is amended— 

21 (A) by striking ‘‘seventeen’’ and inserting 

22 ‘‘eighteen’’; 

23 (B) in subparagraph (A)— 

24 (i) in the matter preceding clause (i), 

25 by striking ‘‘from the commercial fishing 

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1 industry who—’’ and inserting ‘‘who shall 

2 represent the commercial fishing industry 

3 and who—’’; and 

4 (ii) in clause (ii), by striking ‘‘an 

5 uninspected’’ and inserting ‘‘a’’; 

6 (C) by striking subparagraph (B) and in7 serting the following: 

8 ‘‘(B) three members who shall represent the gen9 eral public, including, whenever possible— 

10 ‘‘(i) an independent expert or consultant in 

11 maritime safety; 

12 ‘‘(ii) a marine surveyor who provides serv13 ices to vessels to which this chapter applies; and 

14 ‘‘(iii) a person familiar with issues affect15 ing fishing communities and families of fisher16 men;’’; and 

17 (D) in subparagraph (C)— 

18 (i) in the matter preceding clause (i), 

19 by striking ‘‘representing each of—’’ 

20 and inserting ‘‘each of whom shall rep21 resent—’’; 

22 (ii) in clause (i), by striking ‘‘or ma23 rine surveyors;’’ and inserting ‘‘and marine 

24 engineers;’’; 

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1 (iii) in clause (iii), by striking ‘‘and’’ 

2 after the semicolon at the end; 

3 (iv) in clause (iv), by striking the pe4 riod at the end and inserting ‘‘; and’’; and 

5 (v) by adding at the end the following 

6 new clause: 

7 ‘‘(v) owners of vessels to which this 

8 chapter applies.’’. 

9 (3) TERMINATION.—Section 4508(e)(1) of that 

10 title is amended by striking ‘‘September 30, 2010.’’ 

11 and inserting ‘‘September 30, 2020.’’. 

12 (4) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of chapter 45 of title 46, 

14 United States Code, is amended by striking the item 

15 relating to such section and inserting the following: 

‘‘4508. Commercial Fishing Safety Advisory Committee.’’. 

16 (d) LOADLINES FOR VESSELS 79 FEET OR GREATER

17 IN LENGTH.—Section 5102(b)(3) of title 46, United States 

18 Code, is amended by inserting after ‘‘vessel’’ the following 

19 ‘‘, unless the vessel is built or undergoes a major conversion 

20 completed after July 1, 2010’’. 

21 (e) CLASSING OF VESSELS.— 

22 (1) IN GENERAL.—Section 4503 of title 46, 

23 United States Code, is amended— 

24 (A) by striking the section heading and in25 serting the following: 

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1 ‘‘§ 4503. Fishing, fish tender, and fish processing ves2 sel certification’’; 

3 (B) in subsection (a) by striking ‘‘fish proc4 essing’’; and 

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

6 ‘‘(c) This section applies to a vessel to which section 

7 4502(b) of this title applies that is at least 50 feet overall 

8 in length and— 

9 ‘‘(1) is built after July 1, 2010; or 

10 ‘‘(2) undergoes a major conversion completed 

11 after that date. 

12 ‘‘(d)(1) After January 1, 2020, a fishing vessel, fish 

13 processing vessel, or fish tender vessel to which section 

14 4502(b) of this title applies shall comply with an alternate 

15 safety compliance program that is developed in cooperation 

16 with the commercial fishing industry and prescribed by the 

17 Secretary, if the vessel— 

18 ‘‘(A) is at least 50 feet overall in length; 

19 ‘‘(B) is built before July 1, 2010; and 

20 ‘‘(C) is 25 years of age or older. 

21 ‘‘(2) Alternative safety compliance programs may be 

22 developed for purposes of paragraph (1) for specific regions 

23 and fisheries. 

24 ‘‘(3) A fishing vessel, fish processing vessel, or fish ten25 der vessel to which section 4502(b) of this title applies that 

26 was classed before July 1, 2010, shall— 

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1 ‘‘(A) remain subject to the requirements of a 

2 classification society approved by the Secretary; and 

3 ‘‘(B) have on board a certificate from that soci4 ety.’’. 

5 (2) CLERICAL AMENDMENT.—The table of sec6 tions at the beginning of chapter 45 of title 46, 

7 United States Code, is amended by striking the item 

8 relating to such section and inserting the following: 

‘‘4503. Fishing, fish tender, and fish processing vessel certification.’’. 

9 (f) ALTERNATIVE SAFETY COMPLIANCE PROGRAM.— 

10 No later than January 1, 2017, the Secretary of the depart11 ment in which the Coast Guard is operating shall prescribe 

12 an alternative safety compliance program referred to in sec13 tion 4503(d) of the title 46, United States Code, as amended 

14 by this section. 

15 SEC. 805. MARINER RECORDS. 

16 Section 7502 of title 46, United States Code, is amend17 ed— 

18 (1) by inserting ‘‘(a)’’ before ‘‘The’’; 

19 (2) by striking ‘‘computerized records’’ and in20 serting ‘‘records, including electronic records,’’; and 

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

22 ‘‘(b) The Secretary may prescribe regulations requir23 ing a vessel owner or managing operator of a commercial 

24 vessel, or the employer of a seaman on that vessel, to main25 tain records of each individual engaged on the vessel on 

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1 matters of engagement, discharge, and service for not less 

2 than 5 years after the date of the completion of the service 

3 of that individual on the vessel. The regulations may re4 quire that a vessel owner, managing operator, or employer 

5 shall make these records available to the individual and the 

6 Coast Guard on request. 

7 ‘‘(c) A person violating this section, or a regulation 

8 prescribed under this section, is liable to the United States 

9 Government for a civil penalty of not more than $5,000.’’. 

10 SEC. 806. DELETION OF EXEMPTION OF LICENSE REQUIRE11 MENT FOR OPERATORS OF CERTAIN TOWING 

12 VESSELS. 

13 Section 8905 of title 46, United States Code, is amend14 ed— 

15 (1) by striking subsection (b); and 

16 (2) by redesignating subsection (c) as subsection 

17 (b). 

18 SEC. 807. LOG BOOKS. 

19 (a) IN GENERAL.—Chapter 113 of title 46, United 

20 States Code, is amended by adding at the end the following: 

21 ‘‘§ 11304. Additional logbook and entry requirements 

22 ‘‘(a) A vessel of the United States that is subject to 

23 inspection under section 3301 of this title, except a vessel 

24 on a voyage from a port in the United States to a port 

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1 in Canada, shall have an official logbook, which shall be 

2 kept available for review by the Secretary on request. 

3 ‘‘(b) The log book required by subsection (a) shall in4 clude the following entries: 

5 ‘‘(1) The time when each seaman and each offi6 cer assumed or relieved the watch. 

7 ‘‘(2) The number of hours in service to the vessels 

8 of each seaman and each officer. 

9 ‘‘(3) An account of each accident, illness, and in10 jury that occurs during each watch.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections at 

12 the beginning of such chapter is amended by adding at the 

13 end the following: 

‘‘11304. Additional logbook and entry requirements.’’. 

14 SEC. 808. SAFE OPERATIONS AND EQUIPMENT STANDARDS. 

15 (a) IN GENERAL.—Chapter 21 of title 46, United 

16 States Code, is further amended by adding at the end the 

17 following new sections: 

18 ‘‘§ 2117. Termination for unsafe operation 

19 ‘‘An individual authorized to enforce this title— 

20 ‘‘(1) may remove a certificate required by this 

21 title from a vessel that is operating in a condition 

22 that does not comply with the provisions of the certifi23 cate; 

24 ‘‘(2) may order the individual in charge of a ves25 sel that is operating that does not have on board the 

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1 certificate required by this title to return the vessel to 

2 a mooring and to remain there until the vessel is in 

3 compliance with this title; and 

4 ‘‘(3) may direct the individual in charge of a 

5 vessel to which this title applies to immediately take 

6 reasonable steps necessary for the safety of individuals 

7 on board the vessel if the official observes the vessel 

8 being operated in an unsafe condition that the official 

9 believes creates an especially hazardous condition, in10 cluding ordering the individual in charge to return 

11 the vessel to a mooring and to remain there until the 

12 situation creating the hazard is corrected or ended. 

13 ‘‘§ 2118. Establishment of equipment standards 

14 ‘‘(a) In establishing standards for approved equipment 

15 required on vessels subject to part B of this title, the Sec16 retary shall establish standards that are— 

17 ‘‘(1) based on performance using the best avail18 able technology that is economically achievable; and 

19 ‘‘(2) operationally practical. 

20 ‘‘(b) Using the standards established under subsection 

21 (a), the Secretary may also certify lifesaving equipment 

22 that is not required to be carried on vessels subject to part 

23 B of this title to ensure that such equipment is suitable for 

24 its intended purpose. 

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1 ‘‘(c) At least once every 10 years the Secretary shall 

2 review and revise the standards established under subsection 

3 (a) to ensure that the standards meet the requirements of 

4 this section.’’. 

5 (b) CLERICAL AMENDMENT.—The table of sections at 

6 the beginning of such chapter is further amended by adding 

7 at the end the following: 

‘‘2117. Termination for unsafe operation. 

‘‘2118. Establishment of equipment standards.’’. 

8 SEC. 809. APPROVAL OF SURVIVAL CRAFT. 

9 (a) IN GENERAL.—Chapter 31 of title 46, United 

10 States Code, is amended by adding at the end the following 

11 new section: 

12 ‘‘§ 3104. Survival craft 

13 ‘‘(a) Except as provided in subsection (b), the Sec14 retary may not approve a survival craft as a safety device 

15 for purposes of this part, unless the craft ensures that no 

16 part of an individual is immersed in water. 

17 ‘‘(b) The Secretary may authorize a survival craft that 

18 does not provide protection described in subsection (a) to 

19 remain in service until not later than January 1, 2015, 

20 if— 

21 ‘‘(1) it was approved by the Secretary before 

22 January 1, 2010; and 

23 ‘‘(2) it is in serviceable condition.’’. 

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1 (b) CLERICAL AMENDMENT.—The table of sections at 

2 the beginning of such chapter is amended by adding at the 

3 end the following: 

‘‘3104. Survival craft.’’. 

4 SEC. 810. SAFETY MANAGEMENT. 

5 (a) VESSELS TO WHICH REQUIREMENTS APPLY.—Sec6 tion 3202 of title 46, United States Code, is amended— 

7 (1) in subsection (a) by striking the heading and 

8 inserting ‘‘FOREIGN VOYAGES AND FOREIGN VES9 SELS.—’’; 

10 (2) by redesignating subsections (b) and (c) as 

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

12 (3) by inserting after subsection (a) the fol13 lowing: 

14 ‘‘(b) OTHER PASSENGER VESSELS.—This chapter ap15 plies to a vessel that is— 

16 ‘‘(1) a passenger vessel or small passenger vessel; 

17 and 

18 ‘‘(2) is transporting more passengers than a 

19 number prescribed by the Secretary based on the 

20 number of individuals on the vessel that could be 

21 killed or injured in a marine casualty.’’; 

22 (4) in subsection (d), as so redesignated, by 

23 striking ‘‘subsection (b)’’ and inserting ‘‘subsection 

24 (c)’’; and 

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1 (5) in subsection (d)(4), as so redesignated, by 

2 inserting ‘‘that is not described in subsection (b) of 

3 this section’’ after ‘‘waters’’. 

4 (b) SAFETY MANAGEMENT SYSTEM.—Section 3203 of 

5 title 46, United States Code, is amended by adding at the 

6 end the following new subsection: 

7 ‘‘(c) In prescribing regulations for passenger vessels 

8 and small passenger vessels, the Secretary shall consider— 

9 ‘‘(1) the characteristics, methods of operation, 

10 and nature of the service of these vessels; and 

11 ‘‘(2) with respect to vessels that are ferries, the 

12 sizes of the ferry systems within which the vessels op13 erate.’’. 

14 SEC. 811. PROTECTION AGAINST DISCRIMINATION. 

15 (a) IN GENERAL.—Section 2114 of title 46, United 

16 States Code, is amended— 

17 (1) in subsection (a)(1)(A), by striking ‘‘or’’ after 

18 the semicolon; 

19 (2) in subsection (a)(1)(B), by striking the pe20 riod at the end and inserting a semicolon; 

21 (3) by adding at the end of subsection (a)(1) the 

22 following new subparagraphs: 

23 ‘‘(C) the seaman testified in a proceeding 

24 brought to enforce a maritime safety law or regula25 tion prescribed under that law; 

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1 ‘‘(D) the seaman notified, or attempted to notify, 

2 the vessel owner or the Secretary of a work-related 

3 personal injury or work-related illness of a seaman; 

4 ‘‘(E) the seaman cooperated with a safety inves5 tigation by the Secretary or the National Transpor6 tation Safety Board; 

7 ‘‘(F) the seaman furnished information to the 

8 Secretary, the National Transportation Safety Board, 

9 or any other public official as to the facts relating to 

10 any marine casualty resulting in injury or death to 

11 an individual or damage to property occurring in 

12 connection with vessel transportation; or 

13 ‘‘(G) the seaman accurately reported hours of 

14 duty under this part.’’; and 

15 (4) by amending subsection (b) to read as fol16 lows: 

17 ‘‘(b) A seaman alleging discharge or discrimination in 

18 violation of subsection (a) of this section, or another person 

19 at the seaman’s request, may file a complaint with respect 

20 to such allegation in the same manner as a complaint may 

21 be filed under subsection (b) of section 31105 of title 49. 

22 Such complaint shall be subject to the procedures, require23 ments, and rights described in that section, including with 

24 respect to the right to file an objection, the right of a person 

25 to file for a petition for review under subsection (c) of that 

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1 section, and the requirement to bring a civil action under 

2 subsection (d) of that section.’’. 

3 (b) EXISTING ACTIONS.—This section shall not affect 

4 the application of section 2114(b) of title 46, United States 

5 Code, as in effect before the date of enactment of this Act, 

6 to an action filed under that section before that date. 

7 SEC. 812. OIL FUEL TANK PROTECTION. 

8 Section 3306 of title 46, United States Code, is amend9 ed by adding at the end the following new subsection: 

10 ‘‘(k)(1) Each vessel of the United States that is con11 structed under a contract entered into after the date of en12 actment of the Maritime Safety Act of 2009, or that is deliv13 ered after January 1, 2011, with an aggregate capacity of 

14 600 cubic meters or more of oil fuel, shall comply with the 

15 requirements of Regulation 12A under Annex I to the Pro16 tocol of 1978 relating to the International Convention for 

17 the Prevention of Pollution from Ships, 1973, entitled ‘Oil 

18 Fuel Tank Protection’. 

19 ‘‘(2) The Secretary may prescribe regulations to apply 

20 the requirements described in Regulation 12A to vessels de21 scribed in paragraph (1) that are not otherwise subject to 

22 that convention. Any such regulation shall be considered to 

23 be an interpretive rule for the purposes of section 553 of 

24 title 5. 

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1 ‘‘(3) In this subsection the term ‘oil fuel’ means any 

2 oil used as fuel in connection with the propulsion and aux3 iliary machinery of the vessel in which such oil is carried.’’. 

4 SEC. 813. OATHS. 

5 Sections 7105 and 7305 of title 46, United States Code, 

6 and the items relating to such sections in the analysis for 

7 chapters 71 and 73 of such title, are repealed. 

8 SEC. 814. DURATION OF CREDENTIALS. 

9 (a) MERCHANT MARINER’S DOCUMENTS.—Section 

10 7302(f) of title 46, United States Code, is amended to read 

11 as follows: 

12 ‘‘(f) PERIODS OF VALIDITY AND RENEWAL OF MER13 CHANT MARINERS’ DOCUMENTS.— 

14 ‘‘(1) IN GENERAL.—Except as provided in sub15 section (g), a merchant mariner’s document issued 

16 under this chapter is valid for a 5-year period and 

17 may be renewed for additional 5-year periods. 

18 ‘‘(2) ADVANCE RENEWALS.—A renewed merchant 

19 mariner’s document may be issued under this chapter 

20 up to 8 months in advance but is not effective until 

21 the date that the previously issued merchant mari22 ner’s document expires or until the completion of any 

23 active suspension or revocation of that previously 

24 issued merchant mariner’s document, whichever is 

25 later.’’. 

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1 (b) DURATION OF LICENSES.—Section 7106 of such 

2 title is amended to read as follows: 

3 ‘‘§ 7106. Duration of licenses 

4 ‘‘(a) IN GENERAL.—A license issued under this part 

5 is valid for a 5-year period and may be renewed for addi6 tional 5-year periods; except that the validity of a license 

7 issued to a radio officer is conditioned on the continuous 

8 possession by the holder of a first-class or second-class ra9 diotelegraph operator license issued by the Federal Commu10 nications Commission. 

11 ‘‘(b) ADVANCE RENEWALS.—A renewed license issued 

12 under this part may be issued up to 8 months in advance 

13 but is not effective until the date that the previously issued 

14 license expires or until the completion of any active suspen15 sion or revocation of that previously issued merchant mari16 ner’s document, whichever is later.’’. 

17 (c) CERTIFICATES OF REGISTRY.—Section 7107 of 

18 such title is amended to read as follows: 

19 ‘‘§ 7107. Duration of certificates of registry 

20 ‘‘(a) IN GENERAL.—A certificate of registry issued 

21 under this part is valid for a 5-year period and may be 

22 renewed for additional 5-year periods; except that the valid23 ity of a certificate issued to a medical doctor or professional 

24 nurse is conditioned on the continuous possession by the 

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1 holder of a license as a medical doctor or registered nurse, 

2 respectively, issued by a State. 

3 ‘‘(b) ADVANCE RENEWALS.—A renewed certificate of 

4 registry issued under this part may be issued up to 8 

5 months in advance but is not effective until the date that 

6 the previously issued certificate of registry expires or until 

7 the completion of any active suspension or revocation of 

8 that previously issued merchant mariner’s document, 

9 whichever is later.’’. 

10 SEC. 815. FINGERPRINTING. 

11 (a) MERCHANT MARINER LICENSES AND DOCU12 MENTS.—Chapter 75 of title 46, United States Code, is 

13 amended by adding at the end the following: 

14 ‘‘§ 7507. Fingerprinting 

15 ‘‘The Secretary of the Department in which the Coast 

16 Guard is operating may not require an individual to be 

17 fingerprinted for the issuance or renewal of a license, a cer18 tificate of registry, or a merchant mariner’s document 

19 under chapter 71 or 73 if the individual was fingerprinted 

20 when the individual applied for a transportation security 

21 card under section 70105.’’. 

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

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

‘‘7507. Fingerprinting.’’. 

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1 SEC. 816. AUTHORIZATION TO EXTEND THE DURATION OF 

2 LICENSES, CERTIFICATES OF REGISTRY, AND 

3 MERCHANT MARINERS’ DOCUMENTS. 

4 (a) MERCHANT MARINER LICENSES AND DOCU5 MENTS.—Chapter 75 of title 46, United States Code, as 

6 amended by section 815(a) of this title, is further amended 

7 by adding at the end the following: 

8 ‘‘§ 7508. Authority to extend the duration of licenses, 

9 certificates of registry, and merchant 

10 mariner documents 

11 ‘‘(a) LICENSES AND CERTIFICATES OF REGISTRY.— 

12 Notwithstanding sections 7106 and 7107, the Secretary of 

13 the department in which the Coast Guard is operating 

14 may— 

15 ‘‘(1) extend for not more than one year an expir16 ing license or certificate of registry issued for an indi17 vidual under chapter 71 if the Secretary determines 

18 that the extension is required to enable the Coast 

19 Guard to eliminate a backlog in processing applica20 tions for those licenses or certificates of registry or in 

21 response to a national emergency or natural disaster, 

22 as deemed necessary by the Secretary; or 

23 ‘‘(2) issue for not more than five years an expir24 ing license or certificate of registry issued for an indi25 vidual under chapter 71 for the exclusive purpose of 

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1 cate of registry with the expiration date of a mer2 chant mariner’s document. 

3 ‘‘(b) MERCHANT MARINER DOCUMENTS.—Notwith4 standing section 7302(g), the Secretary may— 

5 ‘‘(1) extend for not more than one year an expir6 ing merchant mariner’s document issued for an indi7 vidual under chapter 71 if the Secretary determines 

8 that the extension is required to enable the Coast 

9 Guard to eliminate a backlog in processing applica10 tions for those licenses or certificates of registry or in 

11 response to a national emergency or natural disaster, 

12 as deemed necessary by the Secretary; or 

13 ‘‘(2) issue for not more than five years an expir14 ing merchant mariner’s document issued for an indi15 vidual under chapter 71 for the exclusive purpose of 

16 aligning the expiration date of such merchant mari17 ner’s document with the expiration date of a mer18 chant mariner’s document. 

19 ‘‘(c) MANNER OF EXTENSION.—Any extensions grant20 ed under this section may be granted to individual seamen 

21 or a specifically identified group of seamen.’’. 

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

23 chapter, as amended by section 815(b), is further amended 

24 by adding at the end the following: 

‘‘7508. Authority to extend the duration of licenses, certificates of registry, and 

merchant mariner documents.’’. 

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1 SEC. 817. MERCHANT MARINER DOCUMENTATION. 

2 (a) INTERIM CLEARANCE PROCESS.—Not later than 

3 180 days after the date of enactment of this Act, the Sec4 retary of the department in which the Coast Guard is oper5 ating shall develop an interim clearance process for 

6 issuance of a merchant mariner document to enable a newly 

7 hired seaman to begin working on an offshore supply vessel 

8 or towing vessel if the Secretary makes an initial deter9 mination that the seaman does not pose a safety and secu10 rity risk. 

11 (b) CONTENTS OF PROCESS.—The process under sub12 section (a) shall include a check against the consolidated 

13 and integrated terrorist watch list maintained by the Fed14 eral Government, review of the seaman’s criminal record, 

15 and review of the results of testing the seaman for use of 

16 a dangerous drug (as defined in section 2101 of title 46, 

17 United States Code) in violation of law or Federal regula18 tion. 

19 SEC. 818. MERCHANT MARINER ASSISTANCE REPORT. 

20 Not later than 180 days after the date of enactment 

21 of this Act, the Commandant of the Coast Guard shall sub22 mit to the Committee on Transportation and Infrastructure 

23 of the House of Representatives and the Committee on Com24 merce, Science, and Transportation of the Senate a report 

25 regarding the feasibility of— 

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1 (1) expanding the streamlined evaluation process 

2 program that was affiliated with the Houston Re3 gional Examination Center of the Coast Guard to all 

4 processing centers of the Coast Guard nationwide; 

5 (2) including proposals to simplify the applica6 tion process for a license as an officer, staff officer, or 

7 operator and for a merchant mariner’s document to 

8 help eliminate errors by merchant mariners when 

9 completing the application form (CG–719B), includ10 ing instructions attached to the application form and 

11 a modified application form for renewals with ques12 tions pertaining only to the period of time since the 

13 previous application; 

14 (3) providing notice to an applicant of the status 

15 of the pending application, including a process to 

16 allow the applicant to check on the status of the ap17 plication by electronic means; and 

18 (4) ensuring that all information collected with 

19 respect to applications for new or renewed licenses, 

20 merchant mariner documents, and certificates of reg21 istry is retained in a secure electronic format. 

22 SEC. 819. OFFSHORE SUPPLY VESSELS. 

23 (a) DEFINITION.—Section 2101(19) of title 46, United 

24 States Code, is amended by striking ‘‘of more than 15 gross 

25 tons but less than 500 gross tons as measured under section 

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1 14502 of this title, or an alternate tonnage measured under 

2 section 14302 of this title as prescribed by the Secretary 

3 under section 14104 of this title’’. 

4 (b) EXEMPTION.—Section 5209(b)(1) of the Oceans Act 

5 of 1992 (Public Law 102–587; 46 U.S.C. 2101 note) is 

6 amended by inserting before the period at the end the fol7 lowing: ‘‘of less than 500 gross tons as measured under sec8 tion 14502, or an alternate tonnage measured under section 

9 14302 of this title as prescribed by the Secretary under sec10 tion 14104 of this title’’. 

11 (c) REMOVAL OF TONNAGE LIMITS.— 

12 (1) ABLE SEAMEN-OFFSHORE SUPPLY VES13 SELS.—Section 7310 of title 46, United States Code, 

14 is amended by striking ‘‘of less than 500 gross tons 

15 as measured under section 14502 of this title, or an 

16 alternate tonnage measured under section 14302 of 

17 this title as prescribed by the Secretary under section 

18 14104 of this title’’. 

19 (2) SCALE OF EMPLOYMENT: ABLE SEAMEN.— 

20 Section 7312(d) of title 46, United States Code, is 

21 amended by striking ‘‘of less than 500 gross tons as 

22 measured under section 14502 of this title, or an al23 ternate tonnage measured under section 14302 of this 

24 title as prescribed by the Secretary under section 

25 14104 of this title’’. 

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1 (d) WATCHES.—Section 8104 of title 46, United States 

2 Code, is amended— 

3 (1) in subsection (g), by inserting after ‘‘offshore 

4 supply vessel’’ the following: ‘‘of less than 500 gross 

5 tons as measured under section 14502 of this title, or 

6 less than 6,000 gross tons as measured under section 

7 14302 of this title as prescribed by the Secretary 

8 under section 14104 of this title’’; 

9 (2) in subsection (d), by inserting ‘‘(1)’’ after 

10 ‘‘(d)’’, and by adding at the end the following: 

11 ‘‘(2) Paragraph (1) does not apply to an offshore sup12 ply vessel of at least 6,000 gross tons as measured under 

13 section 14302 of this title if the individuals engaged on the 

14 vessel are in compliance with hours of service requirements 

15 (including recording and record-keeping of that service) 

16 prescribed by the Secretary.’’; and 

17 (3) in subsection (e), by striking ‘‘subsection (d)’’ 

18 and inserting ‘‘subsection (d)(1)’’. 

19 (e) MINIMUM NUMBER OF LICENSED INDIVIDUALS.— 

20 Section 8301(b) of title 46, United States Code, is amended 

21 to read as follows: 

22 ‘‘(b)(1) An offshore supply vessel of less than 6,000 

23 gross tons, as measured under section 14302 of this title, 

24 on a voyage of less than 600 miles shall have at least one 

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1 licensed mate. Such a vessel on a voyage of 600 miles or 

2 more shall have two licensed mates. 

3 ‘‘(2) An offshore supply vessel of more than 200 gross 

4 tons as measured under section 14502 of this title, or an 

5 alternate tonnage measured under section 14302 of this title 

6 as prescribed by the Secretary under section 14104 of this 

7 title, may not be operated without a licensed engineer. 

8 ‘‘(3) An offshore supply vessel shall have at least one 

9 mate. Additional mates on an offshore supply vessel of at 

10 least 6,000 gross tons as measured under section 14302 of 

11 this title shall be prescribe in accordance with hours of serv12 ice requirements (including recording and record-keeping of 

13 that service) prescribed by the Secretary.’’. 

14 (f) REGULATIONS.— 

15 (1) IN GENERAL.—The Secretary of the depart16 ment in which the Coast Guard is operating shall 

17 promulgate regulations to implement the amendments 

18 enacted by this section and chapter 37 of title 46, 

19 United States Code, for offshore supply vessels of at 

20 least 6,000 gross tons, before January 1, 2010. 

21 (2) INTERIM FINAL RULE AUTHORITY.—The Sec22 retary shall issue an interim final rule as a tem23 porary regulation implementing this section (includ24 ing the amendments made by this section), and chap25 ter 37 of title 46, United States Code, for offshore supmstockstill on DSKH9S0YB1PROD with BILLS

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1 ply vessels of at least 6,000 gross tons, as soon as 

2 practicable after the date of enactment of this section, 

3 without regard to the provisions of chapter 5 of title 

4 5, United States Code. All regulations prescribed 

5 under the authority of this paragraph that are not 

6 earlier superseded by final regulations shall expire 

7 not later than 1 year after the date of enactment of 

8 this Act. 

9 (3) INITIATION OF RULEMAKING.—The Secretary 

10 may initiate a rulemaking to implement this section 

11 (including the amendments made by this section), 

12 and chapter 37 of title 46, United States Code, for off13 shore supply vessels of at least 6,000 gross tons, as 

14 soon as practicable after the date of enactment of this 

15 section. The final rule issued pursuant to that rule16 making may supersede the interim final rule promul17 gated under this subsection. 

18 (4) INTERIM PERIOD.—After the date of enact19 ment of this Act and prior to the effective date of the 

20 regulations promulgated to implement the amend21 ments enacted by this section under paragraph (2), 

22 and notwithstanding the tonnage limits of applicable 

23 regulations promulgated prior to the date of enact24 ment of this Act, the Secretary may— 

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1 (A) issue a certificate of inspection under 

2 section 3309 of title 46, United States Code, to 

3 an offshore supply vessel of at least 500 gross 

4 tons as measured under section 14502 of title 46, 

5 United States Code, or of at least 6,000 gross 

6 tons as measured under section 14302 of title 46, 

7 United States Code, if the Secretary determines 

8 that such vessel’s arrangements, equipment, clas9 sification, and certifications provide for the safe 

10 carriage of individuals in addition to the crew 

11 and oil and hazardous substances, taking into 

12 consideration the characteristics of offshore sup13 ply vessels, their methods of operation, and their 

14 service in support of exploration, exploitation, or 

15 production of offshore mineral or energy re16 sources; 

17 (B) for the purpose of enforcing chapter 37 

18 of title 46, United States Code, use tank vessel 

19 standards for offshore supply vessels of at least 

20 6,000 gross tons after considering the character21 istics, methods of operation, and nature of the 

22 service of the vessel; and 

23 (C) authorize a master, mate, or engineer 

24 whom the Secretary decides possesses the experi25 ence on an offshore supply vessel under 6,000 

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1 gross tons to serve on an offshore supply vessel 

2 over at least 6,000 gross tons. 

3 SEC. 820. ASSOCIATED EQUIPMENT. 

4 Section 2101(1)(B) of title 46, United States Code, is 

5 amended by inserting ‘‘with the exception of emergency lo6 cator beacons,’’ before ‘‘does’’. 

7 SEC. 821. LIFESAVING DEVICES ON UNINSPECTED VESSELS. 

8 Section 4102(b) of title 46, United States Code, is 

9 amended to read as follows: 

10 ‘‘(b) The Secretary shall prescribe regulations requir11 ing the installation, maintenance, and use of life preservers 

12 and other lifesaving devices for individuals on board 

13 uninspected vessels.’’. 

14 SEC. 822. STUDY OF BLENDED FUELS IN MARINE APPLICA15 TION. 

16 (a) SURVEY.— 

17 (1) IN GENERAL.—Not later than 180 days after 

18 the date of enactment of this Act, the Secretary of 

19 Homeland Security, acting through the Commandant 

20 of the Coast Guard, shall submit a survey of pub21 lished data and reports, pertaining to the use, safety, 

22 and performance of blended fuels in marine applica23 tions, to the Committee on Transportation and Infra24 structure of the House of Representatives and the 

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1 Committees on Commerce, Science, and Transpor2 tation of the Senate. 

3 (2) INCLUDED INFORMATION.—To the extent pos4 sible, the survey required in subsection (a), shall in5 clude data and reports on— 

6 (A) the impact of blended fuel on the oper7 ation, durability, and performance of rec8 reational and commercial marine engines, ves9 sels, and marine engine and vessel components 

10 and associated equipment; 

11 (B) the safety impacts of blended fuels on 

12 consumers that own and operate recreational 

13 and commercial marine engines and marine en14 gine components and associated equipment; and 

15 (C) to the extent available, fires and explo16 sions on board vessels propelled by engines using 

17 blended fuels. 

18 (b) STUDY.— 

19 (1) IN GENERAL.—Not later than 36 months 

20 after the date of enactment of this Act, the Secretary, 

21 acting through the Commandant, shall conduct a 

22 comprehensive study on the use, safety, and perform23 ance of blended fuels in marine applications. The Sec24 retary is authorized to conduct such study in conjunc25 tion with— 

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1 (A) any other Federal agency; 

2 (B) any State government or agency; 

3 (C) any local government or agency, includ4 ing local police and fire departments; and 

5 (D) any private entity, including engine 

6 and vessel manufacturers. 

7 (2) EVALUATION.—The study shall include an 

8 evaluation of— 

9 (A) the impact of blended fuel on the oper10 ation, durability and performance of rec11 reational and commercial marine engines, ves12 sels, and marine engine and vessel components 

13 and associated equipment; 

14 (B) the safety impacts of blended fuels on 

15 consumers that own and operate recreational 

16 and commercial marine engines and marine en17 gine components and associated equipment; and 

18 (C) fires and explosions on board vessels 

19 propelled by engines using blended fuels. 

20 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated to the Secretary of Homeland 

22 Security to carry out the survey and study under this sec23 tion $1,000,000. 

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1 SEC. 823. RENEWAL OF ADVISORY COMMITTEES. 

2 (a) GREAT LAKES PILOTAGE ADVISORY COM3 MITTEE.—Section 9307(f)(1) of title 46, United States 

4 Code, is amended by striking ‘‘September 30, 2010.’’ and 

5 inserting ‘‘September 30, 2020.’’. 

6 (b) NATIONAL BOATING SAFETY ADVISORY COUN7 CIL.—Section 13110 of title 46, United States Code, is 

8 amended— 

9 (1) in subsection (d), by striking the first sen10 tence; and 

11 (2) in subsection (e), by striking ‘‘September 30, 

12 2010.’’ and inserting ‘‘September 30, 2020.’’. 

13 (c) HOUSTON-GALVESTON NAVIGATION SAFETY ADVI14 SORY COMMITTEE.—Section 18(h) of the Coast Guard Au15 thorization Act of 1991 (Public Law 102–241 as amended 

16 by Public Law 104–324) is amended by striking ‘‘Sep17 tember 30, 2010.’’ and inserting ‘‘September 30, 2020.’’. 

18 (d) LOWER MISSISSIPPI RIVER WATERWAY SAFETY

19 ADVISORY COMMITTEE.—Section 19 of the Coast Guard Au20 thorization Act of 1991 (Public Law 102–241) is amend21 ed— 

22 (1) in subsection (b)— 

23 (A) in the matter preceding paragraph (1), 

24 by striking ‘‘twenty-four’’ and inserting ‘‘twenty25 five’’; and 

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

2 paragraph: 

3 ‘‘(12) One member representing the Associated 

4 Federal Pilots and Docking Masters of Louisiana.’’; 

5 and 

6 (2) in subsection (g), by striking ‘‘September 30, 

7 2010.’’ and inserting ‘‘September 30, 2020.’’. 

8 (e) TOWING SAFETY ADVISORY COMMITTEE.—The Act 

9 to Establish a Towing Safety Advisory Committee in the 

10 Department of Transportation (33 U.S.C. 1231a) is amend11 ed— 

12 (1) by striking subsection (a) and inserting the 

13 following: 

14 ‘‘(a) There is established a Towing Safety Advisory 

15 Committee (hereinafter referred to as the ‘Committee’). The 

16 Committee shall consist of eighteen members with par17 ticular expertise, knowledge, and experience regarding shal18 low-draft inland and coastal waterway navigation and tow19 ing safety as follows: 

20 ‘‘(1) Seven members representing the barge and 

21 towing industry, reflecting a regional geographic bal22 ance. 

23 ‘‘(2) One member representing the offshore min24 eral and oil supply vessel industry. 

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1 ‘‘(3) One member representing holders of active 

2 licensed Masters or Pilots of towing vessels with expe3 rience on the Western Rivers and the Gulf Intra4 coastal Waterway. 

5 ‘‘(4) One member representing the holders of ac6 tive licensed Masters of towing vessels in offshore serv7 ice. 

8 ‘‘(5) One member representing Masters who are 

9 active ship-docking or harbor towing vessel. 

10 ‘‘(6) One member representing licensed or unli11 censed towing vessel engineers with formal training 

12 and experience. 

13 ‘‘(7) Two members representing each of the fol14 lowing groups: 

15 ‘‘(A) Port districts, authorities, or terminal 

16 operators. 

17 ‘‘(B) Shippers (of whom at least one shall 

18 be engaged in the shipment of oil or hazardous 

19 materials by barge). 

20 ‘‘(8) Two members representing the general pub21 lic.’’; and 

22 (2) in subsection (e), by striking ‘‘September 30, 

23 2010.’’ and inserting ‘‘September 30, 2020.’’. 

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1 (f) NAVIGATION SAFETY ADVISORY COUNCIL.—Section 

2 5 of the Inland Navigational Rules Act of 1980 (33 U.S.C. 

3 2073) is amended— 

4 (1) by striking subsections (a) and (b) and in5 serting the following: 

6 ‘‘(a) ESTABLISHMENT OF COUNCIL.— 

7 ‘‘(1) IN GENERAL.—The Secretary of the depart8 ment in which the Coast Guard is operating shall es9 tablish a Navigation Safety Advisory Council (herein10 after referred to as the ‘Council’), consisting of not 

11 more than 21 members. All members shall have exper12 tise in Inland and International vessel navigation 

13 Rules of the Road, aids to maritime navigation, mar14 itime law, vessel safety, port safety, or commercial 

15 diving safety. Upon appointment, all non-Federal 

16 members shall be designated as representative mem17 bers to represent the viewpoints and interests of one 

18 of the following groups or organizations: 

19 ‘‘(A) Commercial vessel owners or operators. 

20 ‘‘(B) Professional mariners. 

21 ‘‘(C) Recreational boaters. 

22 ‘‘(D) The recreational boating industry. 

23 ‘‘(E) State agencies responsible for vessel or 

24 port safety. 

25 ‘‘(F) The Maritime Law Association. 

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1 ‘‘(2) PANELS.—Additional persons may be ap2 pointed to panels of the Council to assist the Council 

3 in performance of its functions. 

4 ‘‘(3) NOMINATIONS.—The Secretary, through the 

5 Coast Guard Commandant, shall not less often than 

6 once a year publish a notice in the Federal Register 

7 soliciting nominations for membership on the Coun8 cil. 

9 ‘‘(b) FUNCTIONS.—The Council shall advise, consult 

10 with, and make recommendations to the Secretary, through 

11 the Coast Guard Commandant, on matters relating to mar12 itime collisions, rammings, groundings, Inland Rules of the 

13 Road, International Rules of the Road, navigation regula14 tions and equipment, routing measures, marine informa15 tion, diving safety, and aids to navigation systems. Any 

16 advice and recommendations made by the Council to the 

17 Secretary shall reflect the independent judgment of the 

18 Council on the matter concerned. The Council shall meet 

19 at the call of the Coast Guard Commandant, but in any 

20 event not less than twice during each calendar year. All 

21 proceedings of the Council shall be public, and a record of 

22 the proceedings shall be made available for public inspec23 tion.’’; and 

24 (2) in subsection (d), by striking ‘‘September 30, 

25 2010.’’ and inserting ‘‘September 30, 2020.’’. 

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1 TITLE IX—CRUISE VESSEL 

2 SAFETY 

3 SEC. 901. SHORT TITLE. 

4 This title may be cited as the ‘‘Cruise Vessel Security 

5 and Safety Act of 2009’’. 

6 SEC. 902. FINDINGS. 

7 The Congress makes the following findings: 

8 (1) There are approximately 200 overnight 

9 ocean-going cruise vessels worldwide. The average 

10 ocean-going cruise vessel carries 2,000 passengers 

11 with a crew of 950 people. 

12 (2) In 2007 alone, approximately 12,000,000 

13 passengers were projected to take a cruise worldwide. 

14 (3) Passengers on cruise vessels have an inad15 equate appreciation of their potential vulnerability to 

16 crime while on ocean voyages, and those who may be 

17 victimized lack the information they need to under18 stand their legal rights or to know whom to contact 

19 for help in the immediate aftermath of the crime. 

20 (4) Sexual violence, the disappearance of pas21 sengers from vessels on the high seas, and other seri22 ous crimes have occurred during luxury cruises. 

23 (5) Over the last 5 years, sexual assault and 

24 physical assaults on cruise vessels were the leading 

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1 crimes investigated by the Federal Bureau of Inves2 tigation with regard to cruise vessel incidents. 

3 (6) These crimes at sea can involve attacks both 

4 by passengers and crew members on other passengers 

5 and crew members. 

6 (7) Except for United States flagged vessels, or 

7 foreign flagged vessels operating in an area subject to 

8 the direct jurisdiction of the United States, there are 

9 no Federal statutes or regulations that explicitly re10 quire cruise lines to report alleged crimes to United 

11 States Government officials. 

12 (8) It is not known precisely how often crimes 

13 occur on cruise vessels or exactly how many people 

14 have disappeared during ocean voyages because cruise 

15 line companies do not make comprehensive, crime-re16 lated data readily available to the public. 

17 (9) Obtaining reliable crime-related cruise data 

18 from governmental sources can be difficult, because 

19 multiple countries may be involved when a crime oc20 curs on the high seas, including the flag country for 

21 the vessel, the country of citizenship of particular pas22 sengers, and any countries having special or mari23 time jurisdiction. 

24 (10) It can be difficult for professional crime in25 vestigators to immediately secure an alleged crime 

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1 scene on a cruise vessel, recover evidence of an on2 board offense, and identify or interview potential wit3 nesses to the alleged crime. 

4 (11) Most cruise vessels that operate into and out 

5 of United States ports are registered under the laws 

6 of another country, and investigations and prosecu7 tions of crimes against passengers and crew members 

8 may involve the laws and authorities of multiple na9 tions. 

10 (12) The Coast Guard has found it necessary to 

11 establish 500-yard security zones around cruise vessels 

12 to limit the risk of terrorist attack. Recently piracy 

13 has dramatically increased throughout the world. 

14 (13) To enhance the safety of cruise passengers, 

15 the owners of cruise vessels could upgrade, modernize, 

16 and retrofit the safety and security infrastructure on 

17 such vessels by installing peep holes in passenger 

18 room doors, installing security video cameras in tar19 geted areas, limiting access to passenger rooms to se20 lect staff during specific times, and installing acoustic 

21 hailing and warning devices capable of commu22 nicating over distances. 

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1 SEC. 903. CRUISE VESSEL SECURITY AND SAFETY REQUIRE2 MENTS. 

3 (a) IN GENERAL.—Chapter 35 of title 46, United 

4 States Code, is amended by adding at the end the following: 

5 ‘‘§ 3507. Passenger vessel security and safety require6 ments 

7 ‘‘(a) VESSEL DESIGN, EQUIPMENT, CONSTRUCTION, 

8 AND RETROFITTING REQUIREMENTS.— 

9 ‘‘(1) IN GENERAL.—Each vessel to which this 

10 subsection applies shall comply with the following de11 sign and construction standards: 

12 ‘‘(A) The vessel shall be equipped with ship 

13 rails that are located not less than 42 inches 

14 above the cabin deck. 

15 ‘‘(B) Each passenger stateroom and crew 

16 cabin shall be equipped with entry doors that in17 clude peep holes or other means of visual identi18 fication. 

19 ‘‘(C) For any vessel the keel of which is laid 

20 after the date of enactment of the Cruise Vessel 

21 Security and Safety Act of 2009, each passenger 

22 stateroom and crew cabin shall be equipped 

23 with— 

24 ‘‘(i) security latches; and 

25 ‘‘(ii) time-sensitive key technology. 

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1 ‘‘(D) The vessel shall integrate technology 

2 that can be used for capturing images of pas3 sengers or detecting passengers who have fallen 

4 overboard, to the extent that such technology is 

5 available. 

6 ‘‘(E) The vessel shall be equipped with a 

7 sufficient number of operable acoustic hailing or 

8 other such warning devices to provide commu9 nication capability around the entire vessel when 

10 operating in high risk areas (as defined by the 

11 United States Coast Guard). 

12 ‘‘(2) FIRE SAFETY CODES.—In administering the 

13 requirements of paragraph (1)(C), the Secretary shall 

14 take into consideration fire safety and other applica15 ble emergency requirements established by the U.S. 

16 Coast Guard and under international law, as appro17 priate. 

18 ‘‘(3) EFFECTIVE DATE.— 

19 ‘‘(A) IN GENERAL.—Except as provided in 

20 subparagraph (B), the requirements of para21 graph (1) shall take effect 18 months after the 

22 date of enactment of the Cruise Vessel Security 

23 and Safety Act of 2009. 

24 ‘‘(B) LATCH AND KEY REQUIREMENTS.— 

25 The requirements of paragraph (1)(C) take effect 

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1 on the date of enactment of the Cruise Vessel Se2 curity and Safety Act of 2009. 

3 ‘‘(b) VIDEO RECORDING.— 

4 ‘‘(1) REQUIREMENT TO MAINTAIN SURVEIL5 LANCE.—The owner of a vessel to which this section 

6 applies shall maintain a video surveillance system to 

7 assist in documenting crimes on the vessel and in 

8 providing evidence for the prosecution of such crimes, 

9 as determined by the Secretary. 

10 ‘‘(2) ACCESS TO VIDEO RECORDS.—The owner of 

11 a vessel to which this section applies shall provide to 

12 any law enforcement official performing official du13 ties in the course and scope of an investigation, upon 

14 request, a copy of all records of video surveillance that 

15 the official believes may provide evidence of a crime 

16 reported to law enforcement officials. 

17 ‘‘(c) SAFETY INFORMATION.—The owner of a vessel to 

18 which this section applies shall provide in each passenger 

19 stateroom, and post in a location readily accessible to all 

20 crew and in other places specified by the Secretary, infor21 mation regarding the locations of the United States embassy 

22 and each consulate of the United States for each country 

23 the vessel will visit during the course of the voyage. 

24 ‘‘(d) SEXUAL ASSAULT.—The owner of a vessel to 

25 which this section applies shall— 

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1 ‘‘(1) maintain on the vessel adequate, in-date 

2 supplies of anti-retroviral medications and other 

3 medications designed to prevent sexually transmitted 

4 diseases after a sexual assault; 

5 ‘‘(2) maintain on the vessel equipment and ma6 terials for performing a medical examination in sex7 ual assault cases to evaluate the patient for trauma, 

8 provide medical care, and preserve relevant medical 

9 evidence; 

10 ‘‘(3) make available on the vessel at all times 

11 medical staff who have undergone a credentialing 

12 process to verify that he or she— 

13 ‘‘(A) possesses a current physician’s or reg14 istered nurse’s license and— 

15 ‘‘(i) has at least 3 years of post-grad16 uate or post-registration clinical practice in 

17 general and emergency medicine; or 

18 ‘‘(ii) holds board certification in emer19 gency medicine, family practice medicine, 

20 or internal medicine; 

21 ‘‘(B) is able to provide assistance in the 

22 event of an alleged sexual assault, has received 

23 training in conducting forensic sexual assault 

24 examination, and is able to promptly perform 

25 such an examination upon request and provide 

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1 proper medical treatment of a victim, including 

2 administration of anti-retroviral medications 

3 and other medications that may prevent the 

4 transmission of human immunodeficiency virus 

5 and other sexually transmitted diseases; and 

6 ‘‘(C) meets guidelines established by the 

7 American College of Emergency Physicians relat8 ing to the treatment and care of victims of sex9 ual assault; 

10 ‘‘(4) prepare, provide to the patient, and main11 tain written documentation of the findings of such ex12 amination that is signed by the patient; and 

13 ‘‘(5) provide the patient free and immediate ac14 cess to— 

15 ‘‘(A) contact information for local law en16 forcement, the Federal Bureau of Investigation, 

17 the United States Coast Guard, the nearest 

18 United States consulate or embassy, and the Na19 tional Sexual Assault Hotline program or other 

20 third party victim advocacy hotline service; and 

21 ‘‘(B) a private telephone line and Internet22 accessible computer terminal by which the indi23 vidual may confidentially access law enforcement 

24 officials, an attorney, and the information and 

25 support services available through the National 

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1 Sexual Assault Hotline program or other third 

2 party victim advocacy hotline service. 

3 ‘‘(e) CONFIDENTIALITY OF SEXUAL ASSAULT EXAM4 INATION AND SUPPORT INFORMATION.—The master or other 

5 individual in charge of a vessel to which this section applies 

6 shall— 

7 ‘‘(1) treat all information concerning an exam8 ination under subsection (d) confidential, so that no 

9 medical information may be released to the cruise 

10 line or other owner of the vessel or any legal rep11 resentative thereof without the prior knowledge and 

12 approval in writing of the patient, or, if the patient 

13 is unable to provide written authorization, the pa14 tient’s next-of-kin, except that nothing in this para15 graph prohibits the release of— 

16 ‘‘(A) information, other than medical find17 ings, necessary for the owner or master of the 

18 vessel to comply with the provisions of subsection 

19 (g) or other applicable incident reporting laws; 

20 ‘‘(B) information to secure the safety of pas21 sengers or crew on board the vessel; or 

22 ‘‘(C) any information to law enforcement 

23 officials performing official duties in the course 

24 and scope of an investigation; and 

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1 ‘‘(2) treat any information derived from, or ob2 tained in connection with, post-assault counseling or 

3 other supportive services confidential, so no such in4 formation may be released to the cruise line or any 

5 legal representative thereof without the prior knowl6 edge and approval in writing of the patient, or, if the 

7 patient is unable to provide written authorization, 

8 the patient’s next-of-kin. 

9 ‘‘(f) CREW ACCESS TO PASSENGER STATEROOMS.— 

10 The owner of a vessel to which this section applies shall— 

11 ‘‘(1) establish and implement procedures and re12 strictions concerning— 

13 ‘‘(A) which crew members have access to 

14 passenger staterooms; and 

15 ‘‘(B) the periods during which they have 

16 that access; and 

17 ‘‘(2) ensure that the procedures and restrictions 

18 are fully and properly implemented and periodically 

19 reviewed. 

20 ‘‘(g) LOG BOOK AND REPORTING REQUIREMENTS.— 

21 ‘‘(1) IN GENERAL.—The owner of a vessel to 

22 which this section applies shall— 

23 ‘‘(A) record in a log book, either electroni24 cally or otherwise, in a centralized location readmstockstill on DSKH9S0YB1PROD with BILLS

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1 ily accessible to law enforcement personnel, a re2 port on— 

3 ‘‘(i) all complaints of crimes described 

4 in paragraph (3)(A)(i), 

5 ‘‘(ii) all complaints of theft of property 

6 valued in excess of $1,000, and 

7 ‘‘(iii) all complaints of other crimes, 

8 committed on any voyage that embarks or dis9 embarks passengers in the United States; and 

10 ‘‘(B) make such log book available upon re11 quest to any agent of the Federal Bureau of In12 vestigation, any member of the United States 

13 Coast Guard, and any law enforcement officer 

14 performing official duties in the course and scope 

15 of an investigation. 

16 ‘‘(2) DETAILS REQUIRED.—The information re17 corded under paragraph (1) shall include, at a min18 imum— 

19 ‘‘(A) the vessel operator; 

20 ‘‘(B) the name of the cruise line; 

21 ‘‘(C) the flag under which the vessel was op22 erating at the time the reported incident oc23 curred; 

24 ‘‘(D) the age and gender of the victim and 

25 the accused assailant; 

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1 ‘‘(E) the nature of the alleged crime or com2 plaint, as applicable, including whether the al3 leged perpetrator was a passenger or a crew 

4 member; 

5 ‘‘(F) the vessel’s position at the time of the 

6 incident, if known, or the position of the vessel 

7 at the time of the initial report; 

8 ‘‘(G) the time, date, and method of the ini9 tial report and the law enforcement authority to 

10 which the initial report was made; 

11 ‘‘(H) the time and date the incident oc12 curred, if known; 

13 ‘‘(I) the total number of passengers and the 

14 total number of crew members on the voyage; 

15 and 

16 ‘‘(J) the case number or other identifier 

17 provided by the law enforcement authority to 

18 which the initial report was made. 

19 ‘‘(3) REQUIREMENT TO REPORT CRIMES AND

20 OTHER INFORMATION.— 

21 ‘‘(A) IN GENERAL.—The owner of a vessel to 

22 which this section applies (or the owner’s des23 ignee)— 

24 ‘‘(i) shall contact the nearest Federal 

25 Bureau of Investigation Field Office or 

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1 Legal Attache by telephone as soon as pos2 sible after the occurrence on board the vessel 

3 of an incident involving homicide, sus4 picious death, a missing United States na5 tional, kidnapping, assault with serious 

6 bodily injury, any offense to which section 

7 2241, 2242, 2243, or 2244 (a) or (c) of title 

8 18 applies, firing or tampering with the 

9 vessel, or theft of money or property in ex10 cess of $10,000 to report the incident; 

11 ‘‘(ii) shall furnish a written report of 

12 the incident to the Secretary via an Inter13 net based portal; 

14 ‘‘(iii) may report any serious incident 

15 that does not meet the reporting require16 ments of clause (i) and that does not require 

17 immediate attention by the Federal Bureau 

18 of Investigation via the Internet based por19 tal maintained by the Secretary of Trans20 portation; and 

21 ‘‘(iv) may report any other criminal 

22 incident involving passengers or crew mem23 bers, or both, to the proper State or local 

24 government law enforcement authority. 

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1 ‘‘(B) INCIDENTS TO WHICH SUBPARAGRAPH

2 (A) APPLIES.—Subparagraph (A) applies to an 

3 incident involving criminal activity if— 

4 ‘‘(i) the vessel, regardless of registry, is 

5 owned, in whole or in part, by a United 

6 States person, regardless of the nationality 

7 of the victim or perpetrator, and the inci8 dent occurs when the vessel is within the ad9 miralty and maritime jurisdiction of the 

10 United States and outside the jurisdiction 

11 of any State; 

12 ‘‘(ii) the incident concerns an offense 

13 by or against a United States national 

14 committed outside the jurisdiction of any 

15 nation; 

16 ‘‘(iii) the incident occurs in the Terri17 torial Sea of the United States, regardless of 

18 the nationality of the vessel, the victim, or 

19 the perpetrator; or 

20 ‘‘(iv) the incident concerns a victim or 

21 perpetrator who is a United States national 

22 on a vessel during a voyage that departed 

23 from or will arrive at a United States port. 

24 ‘‘(4) AVAILABILITY OF INCIDENT DATA VIA

25 INTERNET.— 

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1 ‘‘(A) WEBSITE.—The Secretary of Trans2 portation shall maintain a statistical compila3 tion of all incidents described in paragraph 

4 (3)(A)(i) on an Internet site that provides a nu5 merical accounting of the missing persons and 

6 alleged crimes recorded in each report filed 

7 under paragraph (3)(A)(i) that are no longer 

8 under investigation by the Federal Bureau of In9 vestigation. The data shall be updated no less 

10 frequently than quarterly, aggregated by— 

11 ‘‘(i) cruise line, with each cruise line 

12 identified by name; and 

13 ‘‘(ii) whether each crime was com14 mitted by a passenger or a crew member. 

15 ‘‘(B) ACCESS TO WEBSITE.—Each cruise 

16 line taking on or discharging passengers in the 

17 United States shall include a link on its Internet 

18 website to the website maintained by the Sec19 retary under subparagraph (A). 

20 ‘‘(h) ENFORCEMENT.— 

21 ‘‘(1) PENALTIES.— 

22 ‘‘(A) CIVIL PENALTY.—Any person that vio23 lates this section or a regulation under this sec24 tion shall be liable for a civil penalty of not 

25 more than $25,000 for each day during which 

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1 the violation continues, except that the max2 imum penalty for a continuing violation is 

3 $50,000. 

4 ‘‘(B) CRIMINAL PENALTY.—Any person that 

5 willfully violates this section or a regulation 

6 under this section shall be fined not more than 

7 $250,000 or imprisoned not more than 1 year, or 

8 both. 

9 ‘‘(2) DENIAL OF ENTRY.—The Secretary may 

10 deny entry into the United States to a vessel to which 

11 this section applies if the owner of the vessel— 

12 ‘‘(A) commits an act or omission for which 

13 a penalty may be imposed under this subsection; 

14 or 

15 ‘‘(B) fails to pay a penalty imposed on the 

16 owner under this subsection. 

17 ‘‘(i) PROCEDURES.—Within 6 months after the date 

18 of enactment of the Cruise Vessel Security and Safety Act 

19 of 2009, the Secretary shall issue guidelines, training cur20 ricula, and inspection and certification procedures nec21 essary to carry out the requirements of this section. 

22 ‘‘(j) REGULATIONS.—The Secretary of Transportation 

23 and the Commandant shall each issue such regulations as 

24 are necessary to implement this section. 

25 ‘‘(k) APPLICATION.— 

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1 ‘‘(1) IN GENERAL.—This section and section 

2 3508 apply to a passenger vessel (as defined in sec3 tion 2101(22)) that— 

4 ‘‘(A) is authorized to carry at least 250 pas5 sengers; 

6 ‘‘(B) has onboard sleeping facilities for each 

7 passenger; 

8 ‘‘(C) is on a voyage that embarks or dis9 embarks passengers in the United States; and 

10 ‘‘(D) is not engaged on a coastwise voyage. 

11 ‘‘(2) FEDERAL AND STATE VESSELS.—This sec12 tion and section 3508 do not apply to a vessel that 

13 is owned and operated by the United States Govern14 ment or a vessel that is owned and operated by a 

15 State. 

16 ‘‘(l) OWNER DEFINED.—In this section and section 

17 3508, the term ‘owner’ means the owner, charterer, man18 aging operator, master, or other individual in charge of a 

19 vessel. 

20 ‘‘§ 3508. Crime scene preservation training for pas21 senger vessel crew members 

22 ‘‘(a) IN GENERAL.—Within 1 year after the date of 

23 enactment of the Cruise Vessel Security and Safety Act of 

24 2009, the Secretary, in consultation with the Director of 

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1 ministrator, shall develop training standards and curricula 

2 to allow for the certification of passenger vessel security per3 sonnel, crew members, and law enforcement officials on the 

4 appropriate methods for prevention, detection, evidence 

5 preservation, and reporting of criminal activities in the 

6 international maritime environment. The Administrator of 

7 the Maritime Administration may certify organizations in 

8 the United States and abroad that offer the curriculum for 

9 training and certification under subsection (c). 

10 ‘‘(b) MINIMUM STANDARDS.—The standards estab11 lished by the Secretary under subsection (a) shall include— 

12 ‘‘(1) the training and certification of vessel secu13 rity personnel, crew members, and law enforcement 

14 officials in accordance with accepted law enforcement 

15 and security guidelines, policies, and procedures, in16 cluding recommendations for incorporating a back17 ground check process for personnel trained and cer18 tified in foreign countries; 

19 ‘‘(2) the training of students and instructors in 

20 all aspects of prevention, detection, evidence preserva21 tion, and reporting of criminal activities in the inter22 national maritime environment; and 

23 ‘‘(3) the provision or recognition of off-site train24 ing and certification courses in the United States and 

25 foreign countries to develop and provide the required 

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1 training and certification described in subsection (a) 

2 and to enhance security awareness and security prac3 tices related to the preservation of evidence in re4 sponse to crimes on board passenger vessels. 

5 ‘‘(c) CERTIFICATION REQUIREMENT.—Beginning 2 

6 years after the standards are established under subsection 

7 (b), no vessel to which this section applies may enter a 

8 United States port on a voyage (or voyage segment) on 

9 which a United States citizen is a passenger unless there 

10 is at least 1 crew member onboard who is certified as having 

11 successfully completed training in the prevention, detection, 

12 evidence preservation, and reporting of criminal activities 

13 in the international maritime environment on passenger 

14 vessels under subsection (a). 

15 ‘‘(d) INTERIM TRAINING REQUIREMENT.—No vessel to 

16 which this section applies may enter a United States port 

17 on a voyage (or voyage segment) on which a United States 

18 citizen is a passenger unless there is at least 1 crew member 

19 onboard who has been properly trained in the prevention, 

20 detection, evidence preservation and the reporting require21 ments of criminal activities in the international maritime 

22 environment. The owner of such a vessel shall maintain cer23 tification or other documentation, as prescribed by the Sec24 retary, verifying the training of such individual and pro25 vide such documentation upon request for inspection in conmstockstill on DSKH9S0YB1PROD with BILLS

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1 nection with enforcement of the provisions of this section. 

2 This subsection shall take effect 1 year after the date of en3 actment of the Cruise Vessel Safety and Security Act of 

4 2009 and shall remain in effect until superseded by the re5 quirements of subsection (c). 

6 ‘‘(e) CIVIL PENALTY.—Any person that violates this 

7 section or a regulation under this section shall be liable for 

8 a civil penalty of not more than $50,000. 

9 ‘‘(f) DENIAL OF ENTRY.—The Secretary may deny 

10 entry into the United States to a vessel to which this section 

11 applies if the owner of the vessel— 

12 ‘‘(1) commits an act or omission for which a 

13 penalty may be imposed under subsection (e); or 

14 ‘‘(2) fails to pay a penalty imposed on the owner 

15 under subsection (e).’’. 

16 (b) CLERICAL AMENDMENT.—The table of contents for 

17 such chapter is amended by adding at the end the following: 

‘‘3507. Passenger vessel security and safety requirements. 

‘‘3508. Crime scene preservation training for passenger vessel crew members.’’. 

18 SEC. 904. STUDY AND REPORT ON THE SECURITY NEEDS OF 

19 PASSENGER VESSELS. 

20 (a) IN GENERAL.—Within 3 months after the date of 

21 enactment of this Act, the Secretary of the department in 

22 which the United States Coast Guard is operating shall con23 duct a study of the security needs of passenger vessels de24 pending on number of passengers on the vessels, and report 

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1 to the Congress findings of the study and recommendations 

2 for improving security on those vessels. 

3 (b) REPORT CONTENTS.—In recommending appro4 priate security on those vessels, the report shall take into 

5 account typical crew member shifts, working conditions of 

6 crew members, and length of voyages. 

7 TITLE X—UNITED STATES 

8 MARINER PROTECTION 

9 SEC. 1001. SHORT TITLE. 

10 This title may be cited as the ‘‘United States Mariner 

11 and Vessel Protection Act of 2009’’. 

12 SEC. 1002. USE FORCE AGAINST PIRACY. 

13 (a) IN GENERAL.—Chapter 81 of title 46, United 

14 States Code, is amended by adding at the end the following 

15 new section: 

16 ‘‘§ 8107. Use of force against piracy 

17 ‘‘An owner, operator, time charterer, master, or mar18 iner who uses force, or authorizes the use of force, to defend 

19 a vessel of the United States against an act of piracy shall 

20 not be liable for any injury or death caused by such force 

21 to any person participating in the act of piracy.’’. 

22 (b) CLERICAL AMENDMENT.—The analysis at the be23 ginning of such chapter is amended by adding at the end 

24 the following new item: 

‘‘8107. Use of force against piracy.’’. 

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1 SEC. 1003. AGREEMENTS. 

2 To carry out the purpose of this title, the Secretary 

3 of the department in which the Coast Guard is operating 

4 shall work through the International Maritime Organiza5 tion to establish agreements to promote coordinated action 

6 among flag- and port-states to deter, protect against, and 

7 rapidly respond to acts of piracy against the vessels of, and 

8 in the waters under the jurisdiction of, those nations, and 

9 to ensure limitations on liability similar to those estab10 lished by section 8107 of title 46, United States Code, as 

11 amended by this title. 

12 TITLE XI—PORT SECURITY 

13 SEC. 1101. MARITIME HOMELAND SECURITY PUBLIC AWARE14 NESS PROGRAM. 

15 The Secretary of Homeland Security shall establish a 

16 program to help prevent acts of terrorism and other activi17 ties that jeopardize maritime homeland security, by seeking 

18 the cooperation of the commercial and recreational boating 

19 industries and the public to improve awareness of activity 

20 in the maritime domain and report suspicious or unusual 

21 activity. 

22 SEC. 1102. TRANSPORTATION WORKER IDENTIFICATION 

23 CREDENTIAL. 

24 (a) IN GENERAL.—Not later than 120 days after com25 pleting the pilot program under section 70105(k)(1) of title 

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1 nologies at port facilities and vessels nationwide, the Sec2 retary of Homeland Security shall submit to the Committee 

3 on Homeland Security and the Committee on Transpor4 tation and Infrastructure of the House of Representatives, 

5 the Committee on Commerce, Science, and Transportation 

6 of the Senate, and the Committee on Homeland Security 

7 and Governmental Affairs of the Senate and to the Comp8 troller General a report containing an assessment of the re9 sults of the pilot. The report shall include— 

10 (1) the findings of the pilot program with respect 

11 to key technical and operational aspects of imple12 menting TWIC technologies in the maritime sector; 

13 (2) a comprehensive listing of the extent to which 

14 established metrics were achieved during the pilot 

15 program; and 

16 (3) an analysis of the viability of those tech17 nologies for use in the maritime environment, includ18 ing any challenges to implementing those technologies 

19 and strategies for mitigating identified challenges. 

20 (b) GAO ASSESSMENT.—The Comptroller General 

21 shall review the report and submit to the Committee on 

22 Homeland Security and the Committee on Transportation 

23 and Infrastructure of the House of Representatives, the 

24 Committee on Commerce, Science, and Transportation of 

25 the Senate, and the Committee on Homeland Security and 

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1 Governmental Affairs of the Senate an assessment of the re2 port’s findings and recommendations. 

3 SEC. 1103. REVIEW OF INTERAGENCY OPERATIONAL CEN4 TERS. 

5 (a) IN GENERAL.—Within 180 days of enactment of 

6 this Act, the Department of Homeland Security Inspector 

7 General shall provide a report to the Committee on Home8 land Security and the Committee on Transportation and 

9 Infrastructure of the House of Representatives and the Com10 mittees on Homeland Security and Governmental Affairs 

11 and Commerce, Science, and Transportation of the Senate 

12 concerning the establishment of Interagency Operational 

13 Centers for Port Security required by section 108 of the 

14 SAFE Port Act (Public Law 109–347). 

15 (b) REPORT.—The report shall include— 

16 (1) an examination of the Department’s efforts to 

17 establish the Interagency Operational Centers; 

18 (2) a timeline for construction; 

19 (3) a detailed breakdown, by center, as to the in20 corporation of those representatives required by sec21 tion 70107A(b)(3) of title 46, United States Code; 

22 (4) an analysis of the hurdles faced by the De23 partment in developing these centers; 

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1 (5) information on the number of security clear2 ances attained by State, local, and tribal officials 

3 participating in the program; and 

4 (6) an examination of the relationship between 

5 the Interagency Operational Centers and State, local 

6 and regional fusion centers participating in the De7 partment of Homeland Security’s State, Local, and 

8 Regional Fusion Center Initiative under section 511 

9 of the Implementing the Recommendations of the 9/11 

10 Commission Act of 2007 (Public Law 110–53), with 

11 a particular emphasis on— 

12 (A) how the centers collaborate and coordi13 nate their efforts; and 

14 (B) the resources allocated by the Coast 

15 Guard to both initiatives. 

16 SEC. 1104. MARITIME SECURITY RESPONSE TEAMS. 

17 (a) IN GENERAL.—Section 70106 of title 46, United 

18 States Code, is amended by striking subsection (c) and in19 serting the following: 

20 ‘‘(c) MARITIME SECURITY RESPONSE TEAMS.— 

21 ‘‘(1) IN GENERAL.—In addition to the maritime 

22 safety and security teams, the Secretary shall estab23 lish no less than two maritime security response 

24 teams to act as the Coast Guard’s rapidly deployable 

25 counterterrorism and law enforcement response units 

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1 that can apply advanced interdiction skills in re2 sponse to threats of maritime terrorism. 

3 ‘‘(2) MINIMIZATION OF RESPONSE TIME.—The 

4 maritime security response teams shall be stationed 

5 in such a way to minimize, to the extent practicable, 

6 the response time to any reported maritime terrorist 

7 threat. 

8 ‘‘(d) COORDINATION WITH OTHER AGENCIES.—To the 

9 maximum extent feasible, each maritime safety and secu10 rity team and maritime security response team shall co11 ordinate its activities with other Federal, State, and local 

12 law enforcement and emergency response agencies.’’. 

13 SEC. 1105. COAST GUARD DETECTION CANINE TEAM PRO14 GRAM EXPANSION. 

15 (a) DEFINITIONS.—For purposes of this section: 

16 (1) CANINE DETECTION TEAM.—The term ‘‘detec17 tion canine team’’ means a canine and a canine han18 dler that are trained to detect narcotics or explosives, 

19 or other threats as defined by the Secretary. 

20 (2) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of Homeland Security. 

22 (b) DETECTION CANINE TEAMS.— 

23 (1) INCREASED CAPACITY.—Not later than 240 

24 days after the date of enactment of this Act, the Sec25 retary shall— 

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1 (A) begin to increase the number of detec2 tion canine teams certified by the Coast Guard 

3 for the purposes of maritime-related security by 

4 no fewer than 10 canine teams annually through 

5 fiscal year 2012; and 

6 (B) encourage owners and operators of port 

7 facilities, passenger cruise liners, oceangoing 

8 cargo vessels, and other vessels identified by the 

9 Secretary to strengthen security through the use 

10 of highly trained detection canine teams. 

11 (2) CANINE PROCUREMENT.—The Secretary, act12 ing through the Commandant of the Coast Guard, 

13 shall— 

14 (A) procure detection canine teams as effi15 ciently as possible, including, to the greatest ex16 tent possible, through increased domestic breed17 ing, while meeting the performance needs and 

18 criteria established by the Commandant; 

19 (B) support expansion and upgrading of ex20 isting canine training facilities operated by the 

21 department in which the Coast Guard is oper22 ating; and 

23 (C) as appropriate, partner with other Fed24 eral, State, or local agencies, nonprofit organiza25 tions, universities, or the private sector to inmstockstill on DSKH9S0YB1PROD with BILLS

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1 crease the breeding and training capacity for 

2 Coast Guard canine detection teams. 

3 (c) DEPLOYMENT.—The Secretary shall prioritize de4 ployment of the additional canine teams to ports based on 

5 risk, consistent with the Security and Accountability For 

6 Every Port Act of 2006 (Public Law 109–347). 

7 (d) AUTHORIZATION.—There are authorized to be ap8 propriated to the Secretary such sums as may be necessary 

9 to carry out this section for fiscal years 2008 through 2012. 

10 SEC. 1106. COAST GUARD PORT ASSISTANCE PROGRAM. 

11 (a) IN GENERAL.—Section 70110 of title 46, United 

12 States Code, is amended by adding at the end the following: 

13 ‘‘(f) COAST GUARD ASSISTANCE PROGRAM.— 

14 ‘‘(1) IN GENERAL.—The Secretary may lend, 

15 lease, donate, or otherwise provide equipment, and 

16 provide technical training and support, to the owner 

17 or operator of a foreign port or facility— 

18 ‘‘(A) to assist in bringing the port or facil19 ity into compliance with applicable Inter20 national Ship and Port Facility Code standards; 

21 ‘‘(B) to assist the port or facility in meeting 

22 standards established under section 70109A of 

23 this chapter; and 

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1 ‘‘(C) to assist the port or facility in exceed2 ing the standards described in subparagraphs 

3 (A) and (B). 

4 ‘‘(2) CONDITIONS.—The Secretary— 

5 ‘‘(A) shall provide such assistance based 

6 upon an assessment of the risks to the security 

7 of the United States and the inability of the 

8 owner or operator of the port or facility other9 wise to bring the port or facility into compliance 

10 with those standards and to maintain compli11 ance with them; 

12 ‘‘(B) may not provide such assistance unless 

13 the port or facility has been subjected to a com14 prehensive port security assessment by the Coast 

15 Guard or a third party entity certified by the 

16 Secretary under section 70110A(b) to validate 

17 foreign port or facility compliance with Inter18 national Ship and Port Facility Code standards; 

19 and 

20 ‘‘(C) may only lend, lease, or otherwise pro21 vide equipment that the Secretary has first deter22 mined is not required by the Coast Guard for the 

23 performance of its missions.’’. 

24 (b) SAFETY AND SECURITY ASSISTANCE FOR FOREIGN

25 PORTS.— 

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1 (1) IN GENERAL.—Section 70110(e)(1) of title 

2 46, United States Code, is amended by striking the 

3 second sentence and inserting the following: ‘‘The Sec4 retary shall establish a strategic plan to utilize those 

5 assistance programs to assist ports and facilities that 

6 are found by the Secretary under subsection (a) not 

7 to maintain effective antiterrorism measures in the 

8 implementation of port security antiterrorism meas9 ures.’’. 

10 (2) CONFORMING AMENDMENTS.— 

11 (A) Section 70110 of title 46, United States 

12 Code, is amended— 

13 (i) by inserting ‘‘or facilities’’ after 

14 ‘‘ports’’ in the section heading; 

15 (ii) by inserting ‘‘or facility’’ after 

16 ‘‘port’’ each place it appears; and 

17 (iii) by striking ‘‘PORTS’’ in the head18 ing for subsection (e) and inserting ‘‘PORTS, 

19 FACILITIES,’’. 

20 (B) The chapter analysis for chapter 701 of 

21 title 46, United States Code, is amended by 

22 striking the item relating to section 70110 and 

23 inserting the following: 

‘‘70110. Actions and assistance for foreign ports or facilities and United States 

territories’’. 

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1 SEC. 1107. MARITIME BIOMETRIC IDENTIFICATION. 

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

3 the enactment of this Act, the Secretary of Homeland Secu4 rity, acting through the Commandant of the Coast Guard, 

5 shall conduct, in the maritime environment, a program for 

6 the mobile biometric identification of suspected individuals, 

7 including terrorists, to enhance border security and for 

8 other purposes. 

9 (b) REQUIREMENTS.—The Secretary shall ensure the 

10 program required in this section is coordinated with other 

11 biometric identification programs within the Department 

12 of Homeland Security. 

13 (c) COST ANALYSIS.—Within 90 days after the date 

14 of the enactment of this Act, the Secretary shall submit to 

15 the Committees on Appropriations and Homeland Security 

16 of the House of Representatives and the Committees on Ap17 propriations and Homeland Security and Governmental 

18 Affairs of the Senate an analysis of the cost of expanding 

19 the Coast Guard’s biometric identification capabilities for 

20 use by the Coast Guards Deployable Operations Group, cut21 ters, stations, and other deployable maritime teams consid22 ered appropriate by the Secretary, and any other appro23 priate Department of Homeland Security maritime vessels 

24 and units. The analysis may include a tiered plan for the 

25 deployment of this program that gives priority to vessels 

26 and units more likely to encounter individuals suspected 

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1 of making illegal border crossings through the maritime en2 vironment. 

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

4 term ‘‘biometric identification’’ means use of fingerprint 

5 and digital photography images. 

6 SEC. 1108. REVIEW OF POTENTIAL THREATS. 

7 Not later than 1 year after the date of enactment of 

8 this Act, the Secretary of Homeland Security shall submit 

9 to the Committee on Homeland Security and the Committee 

10 on Transportation and Infrastructure of the House of Rep11 resentatives and the Committee on Commerce, Science, and 

12 Transportation of the Senate a report analyzing the threat, 

13 vulnerability, and consequence of a terrorist attack on gaso14 line and chemical cargo shipments in port activity areas 

15 in the United States. 

16 SEC. 1109. PORT SECURITY PILOT. 

17 The Secretary of Homeland Security shall establish a 

18 pilot program to test and deploy preventive radiological or 

19 nuclear detection equipment on Coast Guard vessels and 

20 other locations in select port regions to enhance border secu21 rity and for other purposes. The pilot program shall lever22 age existing Federal grant funding to support this program 

23 and the procurement of additional equipment. 

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1 SEC. 1110. SEASONAL WORKERS. 

2 (a) STUDY.—The Comptroller General of the United 

3 States shall conduct a study on the effects that the Trans4 portation Worker Identification Card (in this section re5 ferred to as ‘‘TWIC’’) required by section 70105 of title 46, 

6 United States Code, has on companies that employ seasonal 

7 employees. 

8 (b) REPORT.—Not later than one year after the date 

9 of enactment of this Act, the Comptroller General shall sub10 mit a report to the Committee on Homeland Security and 

11 the Committee on Transportation and Infrastructure of the 

12 House of Representatives and the Committee on Commerce, 

13 Science, and Transportation of the Senate on the results 

14 of the study, including— 

15 (1) costs associated in requiring seasonal em16 ployees to obtain TWIC cards on companies; 

17 (2) whether the Coast Guard and Transportation 

18 Security Administration are processing TWIC appli19 cations quickly enough for seasonal workers to obtain 

20 TWIC certification; 

21 (3) whether TWIC compliance costs or other fac22 tors have led to a reduction in service; 

23 (3) the impact of TWIC on the recruiting and 

24 hiring of seasonal and other temporary employees; 

25 and 

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1 (4) an assessment of possible alternatives to 

2 TWIC certification that may be used for seasonal em3 ployees including any security vulnerabilities created 

4 by those alternatives. 

5 SEC. 1111. COMPARATIVE RISK ASSESSMENT OF VESSEL6 BASED AND FACILITY-BASED LIQUEFIED NAT7 URAL GAS REGASIFICATION PROCESSES. 

8 (a) IN GENERAL.—Within 90 days after the date of 

9 enactment of this Act, the Secretary of Homeland Security, 

10 acting through the Commandant of the Coast Guard, shall 

11 enter into an arrangement for the performance of an inde12 pendent study to conduct a comparative risk assessment ex13 amining the relative safety and security risk associated 

14 with vessel-based and facility-based liquefied natural gas re15 gasification processes conducted within 3 miles from land 

16 versus such processes conducted more than 3 miles from 

17 land. 

18 (b) REPORT.—Not later than 1 year after the date of 

19 enactment of this Act, the Secretary Homeland Security, 

20 acting through the Commandant, shall provide a report on 

21 the findings and conclusions of the study required by this 

22 section to the Committees on Homeland Security, Transpor23 tation and Infrastructure, and Energy and Commerce of 

24 the House of Representatives, and the Committees on Homemstockstill on DSKH9S0YB1PROD with BILLS

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1 land Security and Governmental Affairs and Commerce, 

2 Science, and Transportation of the Senate. 

3 SEC. 1112. PILOT PROGRAM FOR FINGERPRINTING OF MAR4 ITIME WORKERS. 

5 (a) IN GENERAL.—Within 180 days after the date of 

6 enactment of this Act, the Secretary of Homeland Security 

7 shall establish procedures providing for an individual who 

8 is required to be fingerprinted for purposes of obtaining a 

9 transportation security card under section 70105 of title 46, 

10 United States Code, to be fingerprinted at any facility oper11 ated by or under contract with an agency of the Department 

12 of Homeland Security that fingerprints the public for the 

13 Department. 

14 (b) EXPIRATION.—This section expires on December 

15 31, 2012. 

16 SEC. 1113. TRANSPORTATION SECURITY CARDS ON VES17 SELS. 

18 Section 70105(b)(2) of title 46, United States Code, is 

19 amended— 

20 (1) in subparagraph (B), by inserting after 

21 ‘‘title’’ the following: ‘‘allowed unescorted access to a 

22 secure area designated in a vessel security plan ap23 proved under section 70103 of this title’’; and 

24 (2) in subparagraph (D), by inserting after 

25 ‘‘tank vessel’’ the following: ‘‘allowed unescorted access 

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1 to a secure area designated in a vessel security plan 

2 approved under section 70103 of this title’’. 

3 SEC. 1114. INTERNATIONAL LABOR STUDY. 

4 The Comptroller General of the United States shall 

5 conduct a study of methods to conduct a background secu6 rity investigation of an individual who possesses a biomet7 ric identification card that complies with International 

8 Labor Convention number 185 that are equivalent to the 

9 investigation conducted on individuals applying for a visa 

10 to enter the United States. The Comptroller General shall 

11 submit a report on the study within 180 days after the date 

12 of enactment of this Act to the Committee on Transpor13 tation and Infrastructure and the Committee on Homeland 

14 Security of the House of Representatives and the Committee 

15 on Commerce, Science, and Transportation of the Senate. 

16 SEC. 1115. MARITIME SECURITY ADVISORY COMMITTEES. 

17 Section 70112 of title 46, United States Code, is 

18 amended— 

19 (1) by amending subsection (b)(5) to read as fol20 lows: 

21 ‘‘(5)(A) The National Maritime Security Advisory 

22 Committee shall be composed of— 

23 ‘‘(i) at least 1 individual who represents the in24 terests of the port authorities; 

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1 ‘‘(ii) at least 1 individual who represents the in2 terests of the facilities owners or operators; 

3 ‘‘(iii) at least 1 individual who represents the 

4 interests of the terminal owners or operators; 

5 ‘‘(iv) at least 1 individual who represents the in6 terests of the vessel owners or operators; 

7 ‘‘(v) at least 1 individual who represents the in8 terests of the maritime labor organizations; 

9 ‘‘(vi) at least 1 individual who represents the in10 terests of the academic community; 

11 ‘‘(vii) at least 1 individual who represents the 

12 interests of State or local governments; and 

13 ‘‘(viii) at least 1 individual who represents the 

14 interests of the maritime industry. 

15 ‘‘(B) Each Area Maritime Security Advisory Com16 mittee shall be composed of individuals who represents the 

17 interests of the port industry, terminal operators, port labor 

18 organizations, and other users of the port areas.’’; and 

19 (2) in subsection (g)— 

20 (A) in paragraph (1)(A), by striking 

21 ‘‘2008;’’ and inserting ‘‘2010;’’; 

22 (B) by repealing paragraph (2); 

23 (C) by striking ‘‘(1)’’; and 

24 (D) by redesignating subparagraphs (A) 

25 and (B) as paragraphs (1) and (2). 

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1 SEC. 1116. SEAMEN’S SHORESIDE ACCESS. 

2 Each facility security plan approved under section 

3 70103(c) of title 46, United States Code, shall provide a 

4 system for seamen assigned to a vessel at that facility, pi5 lots, and representatives of seamen’s welfare and labor orga6 nizations to board and depart the vessel through the facility 

7 in a timely manner at no cost to the individual. 

8 SEC. 1117. WATERSIDE SECURITY AROUND ESPECIALLY 

9 HAZARDOUS MATERIAL TERMINALS AND 

10 TANKERS. 

11 (a) ENFORCEMENT OF SECURITY ZONES.—Consistent 

12 with other provisions of Federal law, any security zone es13 tablished by the Coast Guard around a tanker containing 

14 an especially hazardous material shall be enforced by the 

15 Coast Guard. If the Coast Guard must enforce multiple si16 multaneous security zones, the Coast Guard shall allocate 

17 resources so as to deter to the maximum extent practicable 

18 a transportation security incident (as that term is defined 

19 in section 70101 of title 46, United States Code). 

20 (b) LIMITATION ON RELIANCE ON STATE AND LOCAL

21 GOVERNMENT.—Any security arrangement approved as 

22 part of a facility security plan approved after the date of 

23 enactment of this Act under section 70103 of title 46, 

24 United States Code, to assist in the enforcement of any secu25 rity zone established by the Coast Guard around a tanker 

26 containing an especially hazardous material, or around an 

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1 especially hazardous material terminal on or adjacent to 

2 the navigable waters of the United States and served by 

3 tankers carrying especially hazardous materials, may not 

4 be based upon the provision of security by a State or local 

5 government unless the State or local government has entered 

6 into a contract, cooperative agreement, or other arrange7 ment with the terminal operator to provide such services 

8 and the Secretary of the department in which the Coast 

9 Guard is operating, acting through the Commandant of the 

10 Coast Guard, ensures that the waterborne patrols operated 

11 as part of that security arrangement by a State or local 

12 government have the training, resources, personnel, equip13 ment, and experience necessary to deter to the maximum 

14 extent practicable a transportation security incident (as 

15 that term is defined in section 70101 of title 46, United 

16 States Code). 

17 (c) DETERMINATION REQUIRED FOR NEW TERMI18 NALS.—The Secretary of the department in which the Coast 

19 Guard is operating, acting through the Commandant of the 

20 Coast Guard, may not approve a facility security plan 

21 under section 70103 of title 46, United States Code, for a 

22 new especially hazardous material terminal the construc23 tion of which is begun after the date of enactment of this 

24 Act unless the Secretary determines that the Coast Guard 

25 sector in which the terminal is located has available the 

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1 resources, including State and local government resources 

2 in accordance with subsection (b), to carry out the naviga3 tion and maritime security risk management measures 

4 identified by the Coast Guard pursuant to the Ports and 

5 Waterways Safety Act. 

6 (d) ESPECIALLY HAZARDOUS MATERIAL DEFINED.— 

7 The term ‘‘especially hazardous material’’ means anhydrous 

8 ammonia, ammonium nitrate, chlorine, liquefied natural 

9 gas, liquefied petroleum gas, and any other substance iden10 tified by the Secretary of the department in which the Coast 

11 Guard is operating as an especially hazardous material. 

12 SEC. 1118. REVIEW OF LIQUEFIED NATURAL GAS FACILI13 TIES. 

14 (a) NOTICE OF DETERMINATION.—Consistent with 

15 other provisions of law, the Secretary of Homeland Security 

16 must notify the Federal Energy Regulatory Commission 

17 when a determination is made that the waterway to a pro18 posed waterside liquefied natural gas facility is suitable or 

19 unsuitable for the marine traffic associated with such facil20 ity. 

21 (b) FEDERAL ENERGY REGULATORY COMMISSION RE22 SPONSE.—The Federal Energy Regulatory Commission 

23 shall respond to the Secretary’s determination under sub24 section (a) by informing the Secretary within 90 days of 

25 notification or at the conclusion of any available appeal 

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1 process, whichever is later, of what action the Commission 

2 has taken, pursuant to its authorities under the Natural 

3 Gas Act, regarding a proposal to construct and operate a 

4 waterside liquefied natural gas facility subject to a deter5 mination made under subsection (a). 

6 SEC. 1119. USE OF SECONDARY AUTHENTICATION FOR 

7 TRANSPORTATION SECURITY CARDS. 

8 The Secretary of Homeland Security may use a sec9 ondary authentication system for individuals applying for 

10 transportation security cards when fingerprints are not 

11 able to be taken or read to enhance transportation security. 

12 SEC. 1120. REPORT ON STATE AND LOCAL LAW ENFORCE13 MENT AUGMENTATION OF COAST GUARD RE14 SOURCES WITH RESPECT TO SECURITY 

15 ZONES AND UNITED STATES PORTS. 

16 Not later than 180 days after the date of enactment 

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

18 Coast Guard is operating shall submit to the Committees 

19 on Transportation and Infrastructure and Homeland Secu20 rity of the House of Representatives and the Committees 

21 on Commerce, Science, and Transportation and Homeland 

22 Security and Governmental Affairs of the Senate a report 

23 on the extent to which State and local law enforcement enti24 ties are augmenting Coast Guard resources by enforcing 

25 Coast Guard-imposed security zones around vessels 

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1 transiting to, through, or from United States ports and con2 ducting port security patrols. At a minimum, the report 

3 shall specify– 

4 (1) the number of ports in which State and local 

5 law enforcement entities are providing any services to 

6 enforce Coast Guard-imposed security zones around 

7 vessels transiting to, through, or from United States 

8 ports or to conduct security patrols in United States 

9 ports; 

10 (2) the number of formal agreements entered into 

11 between the Coast Guard and State and local law en12 forcement entities to engage State and local law en13 forcement entities in the enforcement of Coast Guard14 imposed security zones around vessels transiting to, 

15 through, or from United States ports or the conduct 

16 of port security patrols in United States ports, the 

17 duration of those agreements, and the aid that State 

18 and local entities are engaged to provided through 

19 these agreements; 

20 (3) the extent to which the Coast Guard has set 

21 national standards for training, equipment, and re22 sources to ensure that State and local law enforcement 

23 entities engaged in enforcing Coast Guard-imposed se24 curity zones around vessels transiting to, through, or 

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1 rity patrols in United States ports (or both) can deter 

2 to the maximum extent practicable a transportation 

3 security incident (as that term is defined in section 

4 70101 of title 46, United States Code); 

5 (4) the extent to which the Coast Guard has as6 sessed the ability of State and local law enforcement 

7 entities to carry out the security assignments which 

8 they have been engaged to perform, including their 

9 ability to meet any national standards for training, 

10 equipment, and resources that have been established 

11 by the Coast Guard in order to ensure that these enti12 ties can deter to the maximum extent practicable a 

13 transportation security incident (as that term is de14 fined in section 70101 of title 46, United States 

15 Code); 

16 (5) the extent to which State and local law en17 forcement entities are able to meet national standards 

18 for training, equipment, and resources established by 

19 the Coast Guard to ensure that those entities can 

20 deter to the maximum extent practicable a transpor21 tation security incident (as that term is defined in 

22 section 70101 of title 46, United States Code); 

23 (6) the differences in law enforcement authority, 

24 and particularly boarding authority, between the 

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1 tities, and the impact that these differences have on 

2 the ability of State and local law enforcement entities 

3 to provide the same level of security that the Coast 

4 Guard provides during the enforcement of Coast 

5 Guard-imposed security zones and the conduct of se6 curity patrols in United States ports; and 

7 (7) the extent of resource, training, and equip8 ment differences between State and local law enforce9 ment entities and the Coast Guard units engaged in 

10 enforcing Coast Guard-imposed security zones around 

11 vessels transiting to, through, or from United States 

12 ports or conducting security patrols in United States 

13 ports. 

14 SEC. 1121. ASSESSMENT OF TRANSPORTATION SECURITY 

15 CARD ENROLLMENT SITES. 

16 (a) IN GENERAL.—Not later than 30 days after the 

17 date of the enactment of this Act, the Secretary of Homeland 

18 Security shall prepare an assessment of the enrollment sites 

19 for transportation security cards issued under section 70105 

20 of title 46, United States Code, including— 

21 (1) the feasibility of keeping those enrollment 

22 sites open after September 23, 2009; and 

23 (2) the quality of customer service, including the 

24 periods of time individuals are kept on hold on the 

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1 telephone, whether appointments are kept, and proc2 essing times for applications. 

3 (b) TIMELINES AND BENCHMARKS.—The Secretary 

4 shall develop timelines and benchmarks for implementing 

5 the findings of the assessment as the Secretary deems nec6 essary. 

7 TITLE XII—ALIEN SMUGGLING 

8 SEC. 1201. SHORT TITLE. 

9 This title may be cited as the ‘‘Alien Smuggling and 

10 Terrorism Prevention Act of 2009’’. 

11 SEC. 1202. FINDINGS. 

12 The Congress makes the following findings: 

13 (1) Alien smuggling by land, air and sea is a 

14 transnational crime that violates the integrity of 

15 United States borders, compromises our Nation’s sov16 ereignty, places the country at risk of terrorist activ17 ity, and contravenes the rule of law. 

18 (2) Aggressive enforcement activity against alien 

19 smuggling is needed to protect our borders and ensure 

20 the security of our Nation. The border security and 

21 anti-smuggling efforts of the men and women on the 

22 Nation’s front line of defense are to be commended. 

23 Special recognition is due the Department of Home24 land Security through the United States Border Pa25 trol, United States Coast Guard, Customs and Border 

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1 Protection, and Immigration and Customs Enforce2 ment, and the Department of Justice through the Fed3 eral Bureau of Investigation. 

4 (3) The law enforcement community must be 

5 given the statutory tools necessary to address this se6 curity threat. Only through effective alien smuggling 

7 statutes can the Justice Department, through the 

8 United States Attorneys’ Offices and the Domestic Se9 curity Section of the Criminal Division, prosecute 

10 these cases successfully. 

11 (4) Alien smuggling has a destabilizing effect on 

12 border communities. State and local law enforcement, 

13 medical personnel, social service providers, and the 

14 faith community play important roles in combating 

15 smuggling and responding to its effects. 

16 (5) Existing penalties for alien smuggling are 

17 insufficient to provide appropriate punishment for 

18 alien smugglers. 

19 (6) Existing alien smuggling laws often fail to 

20 reach the conduct of alien smugglers, transporters, re21 cruiters, guides, and boat captains. 

22 (7) Existing laws concerning failure to heave to 

23 are insufficient to appropriately punish boat opera24 tors and crew who engage in the reckless transpormstockstill on DSKH9S0YB1PROD with BILLS

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1 tation of aliens on the high seas and seek to evade 

2 capture. 

3 (8) Much of the conduct in alien smuggling rings 

4 occurs outside of the United States. Extraterritorial 

5 jurisdiction is needed to ensure that smuggling rings 

6 can be brought to justice for recruiting, sending, and 

7 facilitating the movement of those who seek to enter 

8 the United States without lawful authority. 

9 (9) Alien smuggling can include unsafe or reck10 lessly dangerous conditions that expose individuals to 

11 particularly high risk of injury or death. 

12 SEC. 1203. CHECKS AGAINST TERRORIST WATCHLIST. 

13 The Secretary of Homeland Security shall, to the ex14 tent practicable, check against all available terrorist 

15 watchlists those persons suspected of alien smuggling and 

16 smuggled individuals who are interdicted at the land, air, 

17 and sea borders of the United States. 

18 SEC. 1204. STRENGTHENING PROSECUTION AND PUNISH19 MENT OF ALIEN SMUGGLERS. 

20 Section 274(a) of the Immigration and Nationality 

21 Act (8 U.S.C. 1324(a)) is amended— 

22 (1) by amending the subsection heading to read 

23 as follows: ‘‘BRINGING IN, HARBORING, AND SMUG24 GLING OF UNLAWFUL AND TERRORIST ALIENS.—’’; 

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1 (2) by amending paragraphs (1) through (2) to 

2 read as follows: 

3 ‘‘(1)(A) Whoever, knowing or in reckless disregard of 

4 the fact that an individual is an alien who lacks lawful 

5 authority to come to, enter, or reside in the United States, 

6 knowingly— 

7 ‘‘(i) brings that individual to the United States 

8 in any manner whatsoever regardless of any future 

9 official action which may be taken with respect to 

10 such individual; 

11 ‘‘(ii) recruits, encourages, or induces that indi12 vidual to come to, enter, or reside in the United 

13 States; 

14 ‘‘(iii) transports or moves that individual in the 

15 United States, in furtherance of their unlawful pres16 ence; or 

17 ‘‘(iv) harbors, conceals, or shields from detection 

18 the individual in any place in the United States, in19 cluding any building or any means of transportation; 

20 or attempts or conspires to do so, shall be punished as pro21 vided in subparagraph (C). 

22 ‘‘(B) Whoever, knowing that an individual is an alien, 

23 brings that individual to the United States in any manner 

24 whatsoever at a place, other than a designated port of entry 

25 or place designated by the Secretary of Homeland Security, 

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1 regardless of whether such individual has received prior of2 ficial authorization to come to, enter, or reside in the 

3 United States and regardless of any future official action 

4 which may be taken with respect to such individual, or at5 tempts or conspires to do so, shall be punished as provided 

6 in subparagraph (C). 

7 ‘‘(C) Whoever commits an offense under this para8 graph shall, for each individual in respect to whom such 

9 a violation occurs— 

10 ‘‘(i) if the offense results in the death of any per11 son, be fined under title 18, United States Code, and 

12 subject to the penalty of death or imprisonment for 

13 any term of years or for life; 

14 ‘‘(ii) if the offense involves kidnapping, an at15 tempt to kidnap, the conduct required for aggravated 

16 sexual abuse (as defined in section 2241 of title 18, 

17 United States Code, without regard to where it takes 

18 place), or an attempt to commit such abuse, or an at19 tempt to kill, be fined under title 18, United States 

20 Code, or imprisoned for any term of years or life, or 

21 both; 

22 ‘‘(iii) if the offense involves an individual who 

23 the defendant knew was engaged in or intended to en24 gage in terrorist activity (as defined in section 

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1 212(a)(3)(B)), be fined under title 18, United States 

2 Code, or imprisoned not more than 30 years, or both; 

3 ‘‘(iv) if the offense results in serious bodily in4 jury (as defined in section 1365 of title 18, United 

5 States Code) or places in jeopardy the life of any per6 son, be fined under title 18, United States Code, or 

7 imprisoned not more than 20 years, or both; 

8 ‘‘(v) if the offense is a violation of paragraph 

9 (1)(A)(i) and was committed for the purpose of profit, 

10 commercial advantage, or private financial gain, or 

11 if the offense was committed with the intent or reason 

12 to believe that the individual unlawfully brought into 

13 the United States will commit an offense against the 

14 United States or any State that is punishable by im15 prisonment for more than 1 year, be fined under title 

16 18, United States Code, and imprisoned, in the case 

17 of a first or second violation, not less than 3 nor more 

18 than 10 years, and for any other violation, not less 

19 than 5 nor more than 15 years; 

20 ‘‘(vi) if the offense is a violation of paragraphs 

21 (1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and 

22 was committed for the purpose of profit, commercial 

23 advantage, or private financial gain, be fined under 

24 title 18, United States Code, or imprisoned not more 

25 than 10 years, or both; 

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1 ‘‘(vii) if the offense involves the transit of the de2 fendant’s spouse, child, sibling, parent, grandparent, 

3 or niece or nephew, and the offense is not described 

4 in any of clauses (i) through (vi), be fined under title 

5 18, United States Code, or imprisoned not more than 

6 1 year, or both; and 

7 ‘‘(viii) in any other case, be fined under title 18, 

8 United States Code, or imprisoned not more than 5 

9 years, or both. 

10 ‘‘(2)(A) There is extraterritorial jurisdiction over the 

11 offenses described in paragraph (1). 

12 ‘‘(B) In a prosecution for a violation of, or an attempt 

13 or conspiracy to violate, subsection (a)(1)(A)(i), 

14 (a)(1)(A)(ii), or (a)(1)(B), that occurs on the high seas, no 

15 defense based on necessity can be raised unless the defend16 ant— 

17 ‘‘(i) as soon as practicable, reported to the Coast 

18 Guard the circumstances of the necessity, and if a res19 cue is claimed, the name, description, registry num20 ber, and location of the vessel engaging in the rescue; 

21 and 

22 ‘‘(ii) did not bring, attempt to bring, or in any 

23 manner intentionally facilitate the entry of any alien 

24 into the land territory of the United States without 

25 lawful authority, unless exigent circumstances existed 

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1 that placed the life of that alien in danger, in which 

2 case the reporting requirement set forth in clause (i) 

3 is satisfied by notifying the Coast Guard as soon as 

4 practicable after delivering the alien to emergency 

5 medical or law enforcement personnel ashore. 

6 ‘‘(C) It is not a violation of, or an attempt or con7 spiracy to violate, clause (iii) or (iv) of paragraph (1)(A), 

8 or paragraph (1)(A)(ii) (except if a person recruits, encour9 ages, or induces an alien to come to or enter the United 

10 States), for a religious denomination having a bona fide 

11 nonprofit, religious organization in the United States, or 

12 the agents or officer of such denomination or organization, 

13 to encourage, invite, call, allow, or enable an alien who is 

14 present in the United States to perform the vocation of a 

15 minister or missionary for the denomination or organiza16 tion in the United States as a volunteer who is not com17 pensated as an employee, notwithstanding the provision of 

18 room, board, travel, medical assistance, and other basic liv19 ing expenses, provided the minister or missionary has been 

20 a member of the denomination for at least one year. 

21 ‘‘(D) For purposes of this paragraph and paragraph 

22 (1)— 

23 ‘‘(i) the term ‘United States’ means the several 

24 States, the District of Columbia, the Commonwealth 

25 of Puerto Rico, Guam, American Samoa, the United 

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1 States Virgin Islands, the Commonwealth of the 

2 Northern Mariana Islands, and any other territory or 

3 possession of the United States; and 

4 ‘‘(ii) the term ‘lawful authority’ means permis5 sion, authorization, or waiver that is expressly pro6 vided for in the immigration laws of the United 

7 States or the regulations prescribed under those laws 

8 and does not include any such authority secured by 

9 fraud or otherwise obtained in violation of law or au10 thority that has been sought but not approved.’’. 

11 SEC. 1205. MARITIME LAW ENFORCEMENT. 

12 (a) PENALTIES.—Subsection (b) of section 2237 of title 

13 18, United States Code, is amended to read as follows: 

14 ‘‘(b) Whoever intentionally violates this section shall— 

15 ‘‘(1) if the offense results in death or involves 

16 kidnapping, an attempt to kidnap, the conduct re17 quired for aggravated sexual abuse (as defined in sec18 tion 2241 without regard to where it takes place), or 

19 an attempt to commit such abuse, or an attempt to 

20 kill, be fined under such title or imprisoned for any 

21 term of years or life, or both; 

22 ‘‘(2) if the offense results in serious bodily injury 

23 (as defined in section 1365 of this title) or transpor24 tation under inhumane conditions, be fined under 

25 this title, imprisoned not more than 15 years, or both; 

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1 ‘‘(3) if the offense is committed in the course of 

2 a violation of section 274 of the Immigration and Na3 tionality Act (alien smuggling); chapter 77 (peonage, 

4 slavery, and trafficking in persons), section 111 (ship5 ping), 111A (interference with vessels), 113 (stolen 

6 property), or 117 (transportation for illegal sexual 

7 activity) of this title; chapter 705 (maritime drug law 

8 enforcement) of title 46, or title II of the Act of June 

9 15, 1917 (Chapter 30; 40 Stat. 220), be fined under 

10 this title or imprisoned for not more than 10 years, 

11 or both; and 

12 ‘‘(4) in any other case, be fined under this title 

13 or imprisoned for not more than 5 years, or both.’’. 

14 (b) LIMITATION ON NECESSITY DEFENSE.—Section 

15 2237(c) of title 18, United States Code, is amended— 

16 (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; 

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

18 ‘‘(2) In a prosecution for a violation of this section, 

19 no defense based on necessity can be raised unless the de20 fendant— 

21 ‘‘(A) as soon as practicable upon reaching shore, 

22 delivered the person with respect to which the neces23 sity arose to emergency medical or law enforcement 

24 personnel; 

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1 ‘‘(B) as soon as practicable, reported to the Coast 

2 Guard the circumstances of the necessity resulting 

3 giving rise to the defense; and 

4 ‘‘(C) did not bring, attempt to bring, or in any 

5 manner intentionally facilitate the entry of any alien, 

6 as that term is defined in section 101(a)(3) of the Im7 migration and Nationality Act (8 U.S.C. 1101 

8 (a)(3)), into the land territory of the United States 

9 without lawful authority, unless exigent cir10 cumstances existed that placed the life of that alien in 

11 danger, in which case the reporting requirement of 

12 subparagraph (B) is satisfied by notifying the Coast 

13 Guard as soon as practicable after delivering that 

14 person to emergency medical or law enforcement per15 sonnel ashore.’’. 

16 (c) DEFINITION.—Section 2237(e) of title 18, United 

17 States Code, is amended— 

18 (1) by striking ‘‘and’’ at the end of paragraph 

19 (3); 

20 (2) by striking the period at the end of para21 graph (4) and inserting ‘‘; and’’; and 

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

23 ‘‘(5) the term ‘transportation under inhumane 

24 conditions’ means the transportation of persons in an 

25 engine compartment, storage compartment, or other 

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1 confined space, transportation at an excessive speed, 

2 transportation of a number of persons in excess of the 

3 rated capacity of the means of transportation, or in4 tentionally grounding a vessel in which persons are 

5 being transported.’’. 

6 SEC. 1206. AMENDMENT TO THE SENTENCING GUIDELINES. 

7 (a) IN GENERAL.—Pursuant to its authority under 

8 section 994 of title 28, United States Code, and in accord9 ance with this section, the United States Sentencing Com10 mission shall review and, if appropriate, amend the sen11 tencing guidelines and policy statements applicable to per12 sons convicted of alien smuggling offenses and criminal fail13 ure to heave to or obstruction of boarding. 

14 (b) CONSIDERATIONS.—In carrying out this section, 

15 the Sentencing Commission, shall— 

16 (1) consider providing sentencing enhancements 

17 or stiffening existing enhancements for those convicted 

18 of offenses described in subsection (a) that— 

19 (A) involve a pattern of continued and fla20 grant violations; 

21 (B) are part of an ongoing commercial or22 ganization or enterprise; 

23 (C) involve aliens who were transported in 

24 groups of 10 or more; 

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1 (D) involve the transportation or abandon2 ment of aliens in a manner that endangered 

3 their lives; or 

4 (E) involve the facilitation of terrorist ac5 tivity; and 

6 (2) consider cross-references to the guidelines for 

7 Criminal Sexual Abuse and Attempted Murder. 

8 (c) EXPEDITED PROCEDURES.—The Commission may 

9 promulgate the guidelines or amendments under this section 

10 in accordance with the procedures set forth in section 21(a) 

11 of the Sentencing Act of 1987, as though the authority under 

12 that Act had not expired. 

13 TITLE XIII—MISCELLANEOUS 

14 PROVISIONS 

15 SEC. 1301. CERTIFICATE OF DOCUMENTATION FOR GAL16 LANT LADY. 

17 Section 1120(c) of the Coast Guard Authorization Act 

18 of 1996 (110 Stat. 3977) is amended— 

19 (1) in paragraph (1)— 

20 (A) by striking ‘‘of Transportation’’ and in21 serting ‘‘of the department in which the Coast 

22 Guard is operating’’; and 

23 (B) by striking subparagraph (A) and in24 serting the following: 

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1 ‘‘(A) the vessel GALLANT LADY (Feadship 

2 hull number 672, approximately 168 feet in 

3 length).’’; 

4 (2) by striking paragraphs (3) and (4) and re5 designating paragraph (5) as paragraph (3); and 

6 (3) in paragraph (3) (as so redesignated) by 

7 striking all after ‘‘shall expire’’ and inserting ‘‘on the 

8 date of the sale of the vessel by the owner.’’. 

9 SEC. 1302. WAIVERS. 

10 Notwithstanding section 12112 and chapter 551 of title 

11 46, United States Code, the Secretary of the department in 

12 which the Coast Guard is operating may issue a certificate 

13 of documentation with a coastwise endorsement for the fol14 lowing vessels: 

15 (1) OCEAN VERITAS (IMO Number 7366805). 

16 (2) MAYA (United States official number 

17 11073). 

18 (3) ZIPPER (State of New York regulation 

19 number NY3205EB). 

20 (4) GULF DIVER IV (United States official 

21 number 553457). 

22 (5) M/V GEYSIR (United States official number 

23 622178). 

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1 SEC. 1303. GREAT LAKES MARITIME RESEARCH INSTITUTE. 

2 Section 605 of the Coast Guard and Maritime Trans3 portation Act of 2004 (118 Stat. 1052) is amended— 

4 (1) in subsection (b)(1)— 

5 (A) by striking ‘‘The Secretary of Transpor6 tation shall conduct a study that’’ and inserting 

7 ‘‘The Institute shall conduct maritime transpor8 tation studies of the Great Lakes region, includ9 ing studies that’’; 

10 (B) in subparagraphs (A), (B), (C), (E), 

11 (F), (H), (I), and (J) by striking ‘‘evaluates’’ 

12 and inserting ‘‘evaluate’’; 

13 (C) in subparagraphs (D) and (G) by strik14 ing ‘‘analyzes’’ and inserting ‘‘analyze’’; 

15 (D) by striking ‘‘and’’ at the end of sub16 paragraph (I); 

17 (E) by striking the period at the end of sub18 paragraph (J) and inserting a semicolon; 

19 (F) by adding at the end the following: 

20 ‘‘(K) identify ways to improve the integra21 tion of the Great Lakes marine transportation 

22 system into the national transportation system; 

23 ‘‘(L) examine the potential of expanded op24 erations on the Great Lakes marine transpor25 tation system; 

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1 ‘‘(M) identify ways to include intelligent 

2 transportation applications into the Great Lakes 

3 marine transportation system; 

4 ‘‘(N) analyze the effects and impacts of 

5 aging infrastructure and port corrosion on the 

6 Great Lakes marine transportation system; 

7 ‘‘(O) establish and maintain a model Great 

8 Lakes marine transportation system database; 

9 and 

10 ‘‘(P) identify market opportunities for, and 

11 impediments to, the use of United States-flag 

12 vessels in trade with Canada on the Great 

13 Lakes.’’; and 

14 (2) by striking subsection (b)(4) and inserting 

15 the following: 

16 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

17 There are authorized to be appropriated to carry out 

18 paragraph (1)— 

19 ‘‘(A) $2,400,000 for fiscal year 2010; 

20 ‘‘(B) $2,500,000 for fiscal year 2011; 

21 ‘‘(C) $2,600,000 for fiscal year 2012; and 

22 ‘‘(D) $2,700,000 for fiscal year 2013.’’. 

23 SEC. 1304. CONVEYANCE OF COAST GUARD BOAT HOUSE, 

24 NANTUCKET, MASSACHUSETTS. 

25 (a) STATION BRANT POINT BOAT HOUSE.— 

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1 (1) REQUIREMENT.—The Secretary of the de2 partment in which the Coast Guard is operating shall 

3 convey to the town of Nantucket, Massachusetts, all 

4 right, title, and interest of the United States in and 

5 to the buildings known as the Station Brant Point 

6 Boat House located at Coast Guard Station Brant 

7 Point, Nantucket, Massachusetts, for use for a public 

8 purpose. 

9 (2) TERMS OF CONVEYANCE.—A conveyance of 

10 the building under paragraph (1) shall be made— 

11 (A) without the payment of consideration; 

12 and 

13 (B) subject to appropriate terms and condi14 tions the Secretary considers necessary. 

15 (3) REVERSIONARY INTEREST.—All right, title, 

16 and interest in property conveyed under this sub17 section shall revert to the United States if any por18 tion of the property is used other than for a public 

19 purpose. 

20 (b) LEASE.— 

21 (1) REQUIREMENT.—The Secretary of the de22 partment in which the Coast Guard is operating shall 

23 enter into a lease with the town of Nantucket that au24 thorizes the town of Nantucket to occupy the land on 

25 which the buildings conveyed under subsection (a) are 

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1 located, subject to appropriate terms and conditions 

2 the Secretary considers necessary. 

3 (2) LEASE TERM.—A lease under this subsection 

4 shall not expire before January 31, 2033. 

5 (3) TERMINATION OF LEASE.—If the Secretary 

6 determines that the property leased under paragraph 

7 (1) is necessary for purposes of the Coast Guard, the 

8 Secretary— 

9 (A) may terminate the lease without pay10 ment of compensation; and 

11 (B) shall provide the town of Nantucket not 

12 less than 12 months notice of the requirement to 

13 vacate the site and move the buildings conveyed 

14 under subsection (a) to another location. 

15 SEC. 1305. CREW WAGES ON PASSENGER VESSELS. 

16 (a) FOREIGN AND INTERCOASTAL VOYAGES.— 

17 (1) CAP ON PENALTY WAGES.—Section 10313(g) 

18 of title 46, United States Code, is amended— 

19 (A) by striking ‘‘When’’ and inserting ‘‘(1) 

20 Subject to paragraph (2), when’’; and 

21 (B) by adding at the end the following: 

22 ‘‘(2) The total amount required to be paid under para23 graph (1) with respect to all claims in a class action suit 

24 by seamen on a passenger vessel capable of carrying more 

25 than 500 passengers for wages under this section against 

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1 a vessel master, owner, or operator or the employer of the 

2 seamen shall not exceed ten times the unpaid wages that 

3 are the subject of the claims. 

4 ‘‘(3) A class action suit for wages under this subsection 

5 must be commenced within three years after the later of— 

6 ‘‘(A) the date of the end of the last voyage for 

7 which the wages are claimed; or 

8 ‘‘(B) the receipt, by a seaman who is a claimant 

9 in the suit, of a payment of wages that are the subject 

10 of the suit that is made in the ordinary course of em11 ployment.’’. 

12 (2) DEPOSITS.—Section 10315 of such title is 

13 amended by adding at the end the following: 

14 ‘‘(f) DEPOSITS IN SEAMAN ACCOUNT.—By written re15 quest signed by the seaman, a seaman employed on a pas16 senger vessel capable of carrying more than 500 passengers 

17 may authorize the master, owner, or operator of the vessel, 

18 or the employer of the seaman, to make deposits of wages 

19 of the seaman into a checking, savings, investment, or re20 tirement account, or other account to secure a payroll or 

21 debit card for the seaman if— 

22 ‘‘(1) the wages designated by the seaman for such 

23 deposit are deposited in a United States or inter24 national financial institution designated by the sea25 man; 

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1 ‘‘(2) such deposits in the financial institution 

2 are fully guaranteed under commonly accepted inter3 national standards by the government of the country 

4 in which the financial institution is licensed; 

5 ‘‘(3) a written wage statement or pay stub, in6 cluding an accounting of any direct deposit, is deliv7 ered to the seaman no less often than monthly; and 

8 ‘‘(4) while on board the vessel on which the sea9 man is employed, the seaman is able to arrange for 

10 withdrawal of all funds on deposit in the account in 

11 which the wages are deposited.’’. 

12 (b) COASTWISE VOYAGES.— 

13 (1) CAP ON PENALTY WAGES.—Section 10504(c) 

14 of such title is amended— 

15 (A) by striking ‘‘When’’ and inserting ‘‘(1) 

16 Subject to subsection (d), and except as provided 

17 in paragraph (2), when’’; and 

18 (B) by inserting at the end the following: 

19 ‘‘(2) The total amount required to be paid under para20 graph (1) with respect to all claims in a class action suit 

21 by seamen on a passenger vessel capable of carrying more 

22 than 500 passengers for wages under this section against 

23 a vessel master, owner, or operator or the employer of the 

24 seamen shall not exceed ten times the unpaid wages that 

25 are the subject of the claims. 

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1 ‘‘(3) A class action suit for wages under this subsection 

2 must be commenced within three years after the later of— 

3 ‘‘(A) the date of the end of the last voyage for 

4 which the wages are claimed; or 

5 ‘‘(B) the receipt, by a seaman who is a claimant 

6 in the suit, of a payment of wages that are the subject 

7 of the suit that is made in the ordinary course of em8 ployment.’’. 

9 (2) DEPOSITS.—Section 10504 of such title is 

10 amended by adding at the end the following: 

11 ‘‘(f) DEPOSITS IN SEAMAN ACCOUNT.—On written re12 quest signed by the seaman, a seaman employed on a pas13 senger vessel capable of carrying more than 500 passengers 

14 may authorize, the master, owner, or operator of the vessel, 

15 or the employer of the seaman, to make deposits of wages 

16 of the seaman into a checking, savings, investment, or re17 tirement account, or other account to secure a payroll or 

18 debit card for the seaman if— 

19 ‘‘(1) the wages designated by the seaman for such 

20 deposit are deposited in a United States or inter21 national financial institution designated by the sea22 man; 

23 ‘‘(2) such deposits in the financial institution 

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1 national standards by the government of the country 

2 in which the financial institution is licensed; 

3 ‘‘(3) a written wage statement or pay stub, in4 cluding an accounting of any direct deposit, is deliv5 ered to the seaman no less often than monthly; and 

6 ‘‘(4) while on board the vessel on which the sea7 man is employed, the seaman is able to arrange for 

8 withdrawal of all funds on deposit in the account in 

9 which the wages are deposited.’’. 

10 SEC. 1306. TECHNICAL CORRECTIONS. 

11 (a) COAST GUARD AND MARITIME TRANSPORTATION

12 ACT OF 2006.—Effective with enactment of the Coast Guard 

13 and Maritime Transportation Act of 2006 (Public Law 

14 109–241), such Act is amended— 

15 (1) in section 311(b) (120 Stat. 530) by insert16 ing ‘‘paragraphs (1) and (2) of’’ before ‘‘section 

17 8104(o)’’; 

18 (2) in section 603(a)(2) (120 Stat. 554) by strik19 ing ‘‘33 U.S.C. 2794(a)(2)’’ and inserting ‘‘33 U.S.C. 

20 2704(a)(2)’’; 

21 (3) in section 901(r)(2) (120 Stat. 566) by strik22 ing ‘‘the’’ the second place it appears; 

23 (4) in section 902(c) (120 Stat. 566) by inserting 

24 ‘‘of the United States’’ after ‘‘Revised Statutes’’; 

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1 (5) in section 902(e) (120 Stat. 567) is amend2 ed— 

3 (A) by inserting ‘‘and’’ after the semicolon 

4 at the end of paragraph (1); 

5 (B) by striking ‘‘and’’ at the end of para6 graph (2)(A); and 

7 (C) by redesignating paragraphs (3) and 

8 (4) as subparagraphs (C) and (D) of paragraph 

9 (2), respectively, and aligning the left margin of 

10 such subparagraphs with the left margin of sub11 paragraph (A) of paragraph (2); 

12 (6) in section 902(e)(2)(C) (as so redesignated) 

13 by striking ‘‘this section’’ and inserting ‘‘this para14 graph’’; 

15 (7) in section 902(e)(2)(D) (as so redesignated) 

16 by striking ‘‘this section’’ and inserting ‘‘this para17 graph’’; 

18 (8) in section 902(h)(1) (120 Stat. 567)— 

19 (A) by striking ‘‘Bisti/De-Na-Zin’’ and all 

20 that follows through ‘‘Protection’’ and inserting 

21 ‘‘Omnibus Parks and Public Lands Manage22 ment’’; and 

23 (B) by inserting a period after ‘‘Com24 mandant of the Coast Guard’’; and 

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1 (9) in section 902(k) (120 Stat. 568) is amend2 ed— 

3 (A) by inserting ‘‘the Act of March 23, 

4 1906, commonly known as’’ before ‘‘the General 

5 Bridge’’; 

6 (B) by striking ‘‘491)’’ and inserting 

7 ‘‘494),’’; and 

8 (C) by inserting ‘‘each place it appears’’ be9 fore ‘‘and inserting’’. 

10 (b) TITLE 14.— 

11 (1) The analysis for chapter 7 of title 14, United 

12 States Code, is amended by adding a period at the 

13 end of the item relating to section 149. 

14 (2) The analysis for chapter 17 of title 14, 

15 United States Code, is amended by adding a period 

16 at the end of the item relating to section 677. 

17 (3) The analysis for chapter 9 of title 14, United 

18 States Code, is amended by adding a period at the 

19 end of the item relating to section 198. 

20 (c) TITLE 46.— 

21 (1) The analysis for chapter 81 of title 46, 

22 United States Code, is amended by adding a period 

23 at the end of the item relating to section 8106. 

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1 (2) Section 70105(c)(3)(C) of such title is 

2 amended by striking ‘‘National Intelligence Director’’ 

3 and inserting ‘‘Director of National Intelligence’’. 

4 (d) DEEPWATER PORT ACT OF 1974.—Section 5(c)(2) 

5 of the Deepwater Port Act of 1974 (33 U.S.C. 1504(c)(2)) 

6 is amended by aligning the left margin of subparagraph 

7 (K) with the left margin of subparagraph (L). 

8 (e) OIL POLLUTION ACT OF 1990.— 

9 (1) Section 1004(a)(2) of the Oil Pollution Act 

10 of 1990 (33 U.S.C. 2704(a)(2)) is amended by strik11 ing the first comma following ‘‘$800,000’’. 

12 (2) The table of sections in section 2 of such Act 

13 is amended by inserting a period at the end of the 

14 item relating to section 7002. 

15 (f) COAST GUARD AUTHORIZATION ACT OF 1996.— 

16 The table of sections in section 2 of the Coast Guard Author17 ization Act of 1996 is amended in the item relating to sec18 tion 103 by striking ‘‘reports’’ and inserting ‘‘report’’. 

19 SEC. 1307. CONVEYANCE OF DECOMMISSIONED COAST 

20 GUARD CUTTER STORIS. 

21 (a) IN GENERAL.—Upon the scheduled decommis22 sioning of the Coast Guard Cutter STORIS, the Com23 mandant of the Coast Guard shall convey, without consider24 ation, all right, title, and interest of the United States in 

25 and to that vessel to the USCG Cutter STORIS Museum 

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1 and Maritime Education Center, LLC, located in the State 

2 of Alaska if the recipient— 

3 (1) agrees— 

4 (A) to use the vessel for purposes of a mu5 seum and historical display; 

6 (B) not to use the vessel for commercial 

7 transportation purposes; 

8 (C) to make the vessel available to the 

9 United States Government if needed for use by 

10 the Commandant in time of war or a national 

11 emergency; and 

12 (D) to hold the Government harmless for 

13 any claims arising from exposure to hazardous 

14 materials, including asbestos and poly15 chlorinated biphenyls, after conveyance of the 

16 vessel, except for claims arising from the use by 

17 the Government under subparagraph (C); 

18 (2) has funds available that will be committed to 

19 operate and maintain in good working condition the 

20 vessel conveyed, in the form of cash, liquid assets, or 

21 a written loan commitment and in an amount of at 

22 least $700,000; and 

23 (3) agrees to any other conditions the Com24 mandant considers appropriate. 

25 (b) MAINTENANCE AND DELIVERY OF VESSEL.— 

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1 (1) MAINTENANCE.—Before conveyance of the 

2 vessel under this section, the Commandant shall make, 

3 to the extent practical and subject to other Coast 

4 Guard mission requirements, every effort to maintain 

5 the integrity of the vessel and its equipment until the 

6 time of delivery. 

7 (2) DELIVERY.—If a conveyance is made under 

8 this section, the Commandant shall deliver the vessel 

9 to a suitable mooring in the local area in its present 

10 condition. 

11 (3) TREATMENT OF CONVEYANCE.—The convey12 ance of the vessel under this section shall not be con13 sidered a distribution in commerce for purposes of 

14 section 6(e) of Public Law 94–469 (15 U.S.C. 

15 2605(e)). 

16 (c) OTHER EXCESS EQUIPMENT.—The Commandant 

17 may convey to the recipient of a conveyance under sub18 section (a) any excess equipment or parts from other decom19 missioned Coast Guard vessels for use to enhance the oper20 ability and function of the vessel conveyed under subsection 

21 (a) for purposes of a museum and historical display. 

22 SEC. 1308. CONVEYANCE OF COAST GUARD HU–25 FALCON 

23 JET AIRCRAFT. 

24 (a) AUTHORITY TO CONVEY.—Notwithstanding any 

25 other law, the Commandant of the Coast Guard may convey 

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1 to the Elizabeth City State University (in this section re2 ferred to as the ‘‘University’’), a public university located 

3 in the State of North Carolina, without consideration all 

4 right, title, and interest of the United States in an HU– 

5 25 Falcon Jet aircraft under the administrative jurisdic6 tion of the Coast Guard that the Commandant determines— 

7 (1) is appropriate for use by the University; and 

8 (2) is excess to the needs of the Coast Guard. 

9 (b) CONDITIONS.— 

10 (1) IN GENERAL.—As a condition of conveying 

11 an aircraft to the University under subsection (a), the 

12 Commandant shall enter into an agreement with the 

13 University under which the University agrees— 

14 (A) to utilize the aircraft for educational 

15 purposes or other public purposes as jointly 

16 agreed upon by the Commandant and the Uni17 versity before conveyance; and 

18 (B) to hold the United States harmless for 

19 any claim arising with respect to the aircraft 

20 after conveyance of the aircraft. 

21 (2) REVERSIONARY INTEREST.—If the Com22 mandant determines that the recipient violated sub23 paragraph (A) or (B) of paragraph (1), then— 

24 (A) all right, title, and interest in the air25 craft shall revert to the United States; 

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1 (B) the United States shall have the right to 

2 immediate possession of the aircraft; and 

3 (C) the recipient shall pay the United 

4 States for its costs incurred in recovering the 

5 aircraft for such violation. 

6 (c) LIMITATION ON FUTURE TRANSFERS.— 

7 (1) IN GENERAL.—The Commandant shall in8 clude in the instruments for the conveyance a require9 ment that any further conveyance of an interest in 

10 the aircraft may not be made without the approval in 

11 advance of the Commandant. 

12 (2) REVERSIONARY INTEREST.—If the Com13 mandant determines that an interest in the aircraft 

14 was conveyed without such approval, then— 

15 (A) all right, title, and interest in the air16 craft shall revert to the United States; 

17 (B) the United States shall have the right to 

18 immediate possession of the aircraft; and 

19 (C) the recipient shall pay the United 

20 States for its costs incurred in recovering the 

21 aircraft for such a violation. 

22 (d) DELIVERY OF AIRCRAFT.—The Commandant shall 

23 deliver the aircraft conveyed under subsection (a)— 

24 (1) at the place where the aircraft is located on 

25 the date of the conveyance; 

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1 (2) in its condition on the date of conveyance; 

2 and 

3 (3) without cost to the United States. 

4 (e) ADDITIONAL TERMS AND CONDITIONS.—The Com5 mandant may require such additional terms and conditions 

6 in connection with the conveyance required by subsection 

7 (a) as the Commandant considers appropriate to protect 

8 the interests of the United States. 

9 SEC. 1309. DECOMMISSIONED COAST GUARD VESSELS FOR 

10 HAITI. 

11 (a) IN GENERAL.—Notwithstanding any other law, 

12 upon the scheduled decommissioning of any Coast Guard 

13 41-foot patrol boat, the Commandant of the Coast Guard 

14 shall give the Government of Haiti a right-of-first-refusal 

15 for conveyance of that vessel to the Government of Haiti, 

16 if that Government of Haiti agrees— 

17 (1) to use the vessel for the Coast Guard of 

18 Haiti; 

19 (2) to make the vessel available to the United 

20 States Government if needed for use by the Com21 mandant in time of war or national emergency; 

22 (3) to hold the United States Government harm23 less for any claims arising from exposure to haz24 ardous materials, including asbestos and poly25 chlorinated biphenyls, after conveyance of the vessel, 

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1 except for claims arising from the use by the United 

2 States Government under paragraph (2); and 

3 (4) to any other conditions the Commandant 

4 considers appropriate. 

5 (b) LIMITATION.—The Commandant may not convey 

6 more than 10 vessels to the Government of Haiti pursuant 

7 to this section. 

8 (c) MAINTENANCE AND DELIVERY OF VESSEL.— 

9 (1) MAINTENANCE.—Before conveyance of a ves10 sel under this section, the Commandant shall make, to 

11 the extent practical and subject to other Coast Guard 

12 mission requirements, every effort to maintain the in13 tegrity of the vessel and its equipment until the time 

14 of delivery. 

15 (2) DELIVERY.—If a conveyance is made under 

16 this section, the Commandant shall deliver a vessel to 

17 a suitable mooring in the local area in its present 

18 condition. 

19 (3) TREATMENT OF CONVEYANCE.—The convey20 ance of a vessel under this section shall not be consid21 ered a distribution in commerce for purposes of sec22 tion 6(e) of Public Law 94–469 (15 U.S.C. 2605(e)). 

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1 SEC. 1310. PHASEOUT OF VESSELS SUPPORTING OIL AND 

2 GAS DEVELOPMENT. 

3 (a) IN GENERAL.—Notwithstanding section 12111(d) 

4 of title 46, United States Code, foreign-flag vessels may be 

5 chartered by, or on behalf of, a lessee to be employed for 

6 the setting, relocation, or recovery of anchors or other moor7 ing equipment of a mobile offshore drilling unit that is lo8 cated over the Outer Continental Shelf (as defined in section 

9 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 

10 1331(a)) for operations in support of exploration, or flow11 testing and stimulation of wells, for offshore mineral or en12 ergy resources in the Beaufort Sea or the Chukchi Sea adja13 cent to Alaska— 

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

15 gives the Secretary of Transportation written notice 

16 of the commencement of such exploration drilling if 

17 the Secretary determines, after publishing notice in 

18 the Federal Register, that insufficient vessels docu19 mented under section 12111(d) of title 46, United 

20 States Code, are reasonably available and suitable for 

21 these support operations and all such reasonably 

22 available and suitable vessels are employed in support 

23 of such operations; and 

24 (2) for an additional period until such vessels 

25 are available if the Secretary of Transportation deter26 mines— 

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

2 the commencement of exploration drilling, the 

3 lessee has entered into a binding agreement to 

4 employ a suitable vessel or vessels to be docu5 mented under section 12111(d) of title 46, 

6 United States Code, in sufficient numbers and 

7 with sufficient suitability to replace any foreign8 flag vessel or vessels operating under this section; 

9 and 

10 (B) after publishing notice in the Federal 

11 Register, that insufficient vessels documented 

12 under section 12111(d) of title 46, United States 

13 Code, are reasonably available and suitable for 

14 these support operations and all such reasonably 

15 available and suitable vessels are employed in 

16 support of such operations. 

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

18 commitment referred to in subsection (a)(2)(A) occurs, for19 eign-flag anchor handling vessels may not be employed for 

20 the setting, relocation, or recovery of anchors or other moor21 ing equipment of a mobile offshore drilling unit after De22 cember 31, 2017. 

23 (c) LESSEE DEFINED.—In this section, the term ‘‘les24 see’’ means the holder of a lease (as defined in section 

25 1331(c) of title 43, United States Code), who, prior to givmstockstill on DSKH9S0YB1PROD with BILLS

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1 ing the written notice in subsection (a)(1), has entered into 

2 a binding agreement to employ a suitable vessel documented 

3 or to be documented under section 12111(d) of title 46, 

4 United States Code. 

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

6 may be construed to authorize the employment in the coast7 wise trade of a vessel that does not meet the requirements 

8 of section 12112 of title 46, United States Code. 

9 SEC. 1311. VESSEL TRAFFIC RISK ASSESSMENT. 

10 (a) REQUIREMENT.—The Commandant of the Coast 

11 Guard, acting through the appropriate Area Committee es12 tablished under section 311(j)(4) of the Federal Water Pol13 lution Control Act, shall prepare a vessel traffic risk assess14 ment for Cook Inlet, Alaska, within one year after the date 

15 of enactment of this Act. 

16 (b) CONTENTS.—The assessment shall describe, for the 

17 region covered by the assessment— 

18 (1) the amount and character of present and es19 timated future shipping traffic in the region; and 

20 (2) the current and projected use and effective21 ness in reducing risk, of— 

22 (A) traffic separation schemes and routing 

23 measures; 

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1 (B) long-range vessel tracking systems devel2 oped under section 70115 of title 46, United 

3 States Code; 

4 (C) towing, response, or escort tugs; 

5 (D) vessel traffic services; 

6 (E) emergency towing packages on vessels; 

7 (F) increased spill response equipment in8 cluding equipment appropriate for severe weath9 er and sea conditions; 

10 (G) the Automatic Identification System de11 veloped under section 70114 of title 46, United 

12 States Code; 

13 (H) particularly sensitive sea areas, areas 

14 to be avoided, and other traffic exclusion zones; 

15 (I) aids to navigation; and 

16 (J) vessel response plans. 

17 (c) RECOMMENDATIONS.— 

18 (1) IN GENERAL.—The assessment shall include 

19 any appropriate recommendations to enhance the 

20 safety, or lessen potential adverse environmental im21 pacts, of marine shipping. 

22 (2) CONSULTATION.—Before making any rec23 ommendations under paragraph (1) for a region, the 

24 Area Committee shall consult with affected local, 

25 State, and Federal government agencies, representamstockstill on DSKH9S0YB1PROD with BILLS

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1 tives of the fishing industry, Alaska Natives from the 

2 region, the conservation community, and the mer3 chant shipping and oil transportation industries. 

4 (d) PROVISION TO CONGRESS.—The Commandant 

5 shall provide a copy of the assessment to the Committee on 

6 Transportation and Infrastructure of the House of Rep7 resentatives and the Committee on Commerce, Science, and 

8 Transportation of the Senate. 

9 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to the Commandant 

11 $1,000,000 for fiscal year 2010 to the conduct the assess12 ment. 

13 SEC. 1312. STUDY OF RELOCATION OF COAST GUARD SEC14 TOR BUFFALO FACILITIES. 

15 (a) PURPOSES.—The purposes of this section are— 

16 (1) to authorize a project study to evaluate the 

17 feasibility of consolidating and relocating Coast 

18 Guard facilities at Coast Guard Sector Buffalo within 

19 the study area; 

20 (2) to obtain a preliminary plan for the design, 

21 engineering, and construction for the consolidation of 

22 Coast Guard facilities at Sector Buffalo; and 

23 (3) to distinguish what Federal lands, if any, 

24 shall be identified as excess after the consolidation. 

25 (b) DEFINITIONS.—In this section: 

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1 (1) COMMANDANT.—The term ‘‘Commandant’’ 

2 means the Commandant of the Coast Guard. 

3 (2) SECTOR BUFFALO.—The term ‘‘Sector Buf4 falo’’ means Coast Guard Sector Buffalo of the Ninth 

5 Coast Guard District. 

6 (3) STUDY AREA.—The term ‘‘study area’’ means 

7 the area consisting of approximately 31 acres of real 

8 property and any improvements thereon that are 

9 commonly identified as Coast Guard Sector Buffalo, 

10 located at 1 Fuhrmann Boulevard, Buffalo, New 

11 York, and under the administrative control of the 

12 Coast Guard. 

13 (c) STUDY.— 

14 (1) IN GENERAL.—Within 12 months after the 

15 date on which funds are first made available to carry 

16 out this section, the Commandant shall conduct a 

17 project proposal report of the study area and shall 

18 submit such report to the Committee on Commerce, 

19 Science, and Transportation of the Senate and the 

20 Committee on Transportation and Infrastructure of 

21 the House of Representatives. 

22 (2) REQUIREMENTS.—The project proposal re23 port shall— 

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1 (A) evaluate the most cost-effective method 

2 for providing shore facilities to meet the oper3 ational requirements of Sector Buffalo; 

4 (B) determine the feasibility of consoli5 dating and relocating shore facilities on a por6 tion of the existing site, while— 

7 (i) meeting the operational require8 ments of Sector Buffalo; and 

9 (ii) allowing the expansion of oper10 ational requirements of Sector Buffalo; and 

11 (C) contain a preliminary plan for the de12 sign, engineering, and construction of the pro13 posed project, including— 

14 (i) the estimated cost of the design, en15 gineering, and construction of the proposed 

16 project; 

17 (ii) an anticipated timeline of the pro18 posed project; and 

19 (iii) a description of what Federal 

20 lands, if any, shall be considered excess to 

21 Coast Guard needs. 

22 (d) LIMITATION.—Nothing in this section shall affect 

23 the current administration and management of the study 

24 area. 

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1 SEC. 1313. CONVEYANCE OF COAST GUARD VESSELS TO 

2 MISSISSIPPI. 

3 (a) AUTHORITY TO CONVEY.—Notwithstanding the 

4 Federal Property and Administrative Services Act of 1949, 

5 the Commandant of the Coast Guard may convey to each 

6 recipient described in subsection (b) (in this section referred 

7 to as the ‘‘Sheriff’s Department’’), without consideration all 

8 right, title, and interest of the United States in and to a 

9 Coast Guard trailerable boat, ranging from 17 feet to 30 

10 feet in size, that the Commandant determines— 

11 (1) is appropriate for use by the Sheriff’s De12 partment; and 

13 (2) is excess to the needs of the Coast Guard and 

14 the Department of Homeland Security. 

15 (b) RECIPIENTS.—The recipients referred to in sub16 section (a) are the following: 

17 (1) The Sheriff’s Department of Coahoma Coun18 ty, Mississippi. 

19 (2) The Sheriff’s Department of Warren County, 

20 Mississippi. 

21 (3) The Sheriff’s Department of Washington 

22 County, Mississippi. 

23 (c) CONDITION.—As a condition of conveying a vessel 

24 under the authority provided in subsection (a), the Com25 mandant shall enter into an agreement with the Sheriff’s 

26 Department under which the Sheriff’s Department agrees— 

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1 (1) to utilize the vessel for homeland security 

2 and other appropriate purposes as jointly agreed 

3 upon by the Commandant and the Sheriff’s Depart4 ment before conveyance; and 

5 (2) to take the vessel ‘‘as is’’ and to hold the 

6 United States harmless for any claim arising with re7 spect to that vessel after conveyance of the vessel, in8 cluding any claims arising from the condition of the 

9 vessel and its equipment or exposure to hazardous 

10 materials. 

11 (d) DELIVERY OF VESSEL.—The Commandant shall 

12 deliver the vessel conveyed under the authority provided in 

13 subsection (a)— 

14 (1) at the place where the vessel is located on the 

15 date of the conveyance; 

16 (2) in its condition on the date of conveyance; 

17 and 

18 (3) without cost to the United States. 

19 (e) OTHER EXCESS EQUIPMENT.—The Commandant 

20 may further convey any excess equipment or parts from 

21 other Coast Guard vessels, which are excess to the needs of 

22 the Coast Guard and the Department of Homeland Secu23 rity, to the Sheriff’s Department for use to enhance the oper24 ability of the vessel conveyed under the authority provided 

25 in subsection (a). 

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1 (f) ADDITIONAL TERMS AND CONDITIONS.—The Com2 mandant may require such additional terms and conditions 

3 in connection with the conveyance authorized by subsection 

4 (a) as the Commandant considers appropriate to protect 

5 the interests of the United States. 

6 SEC. 1314. COAST GUARD ASSETS FOR UNITED STATES VIR7 GIN ISLANDS. 

8 (a) IN GENERAL.—The Secretary of Homeland Secu9 rity may station additional Coast Guard assets in the 

10 United States Virgin Islands for port security and other 

11 associated purposes. 

12 (b) AUTHORIZATION OF APPROPRIATIONS.—There are 

13 authorized to be appropriated to the Secretary for fiscal 

14 year 2010 such sums as are necessary to carry out this sec15 tion. 

16 SEC. 1315. OFFICER REQUIREMENTS FOR DISTANT WATER 

17 TUNA VESSELS. 

18 Section 8103 of title 46, United States Code, is amend19 ed by adding at the end the follow new subsection: 

20 ‘‘(l) OFFICER REQUIREMENTS FOR DISTANT WATER

21 TUNA VESSELS.— 

22 ‘‘(1) CITIZENSHIP.—Notwithstanding subsection 

23 (a), a purse seine tuna fishing vessel documented 

24 under chapter 121 fishing exclusively for highly mi25 gratory species under a fishing license issued pursumstockstill on DSKH9S0YB1PROD with BILLS

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1 ant to the 1987 Treaty on Fisheries Between the Gov2 ernments of Certain Pacific Islands States and the 

3 Government of the United States of America in the 

4 treaty area (as that term is used in that treaty), or 

5 transiting to or from the treaty area exclusively for 

6 such purpose, may engage an individual who is not 

7 a citizen of the United States to fill a vacancy in a 

8 position referred to in subsection (a) (except for the 

9 master) if, after timely public notice of the vacancy, 

10 no United States citizens are readily available to fill 

11 the vacancy. 

12 ‘‘(2) RESTRICTIONS.— 

13 ‘‘(A) IN GENERAL.—An individual may not 

14 be engaged under paragraph (1) unless the indi15 vidual holds a valid license or certificate 

16 issued— 

17 ‘‘(i) in accordance with the standards 

18 established by the 1995 amendments to the 

19 Convention on Standards of Training, Cer20 tification and Watchkeeping for Seafarers, 

21 1978 (STCW 95); and 

22 ‘‘(ii) by an authority that the Sec23 retary of the department in which the Coast 

24 Guard is operating recognizes as imposing 

25 competency and training standards equivamstockstill on DSKH9S0YB1PROD with BILLS

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1 lent to or exceeding those required for a 

2 issued under chapter 71. 

3 ‘‘(B) LIMITATION ON APPLICATION.—Para4 graph (1) applies only to engagement of an indi5 vidual on a vessel that— 

6 ‘‘(i) is homeported in American 

7 Samoa, Guam, or the Northern Mariana Is8 lands; and 

9 ‘‘(ii) has passed an annual commercial 

10 fishing vessel safety exam administered by a 

11 individual authorized to enforce this title. 

12 ‘‘(3) TREATMENT OF EQUIVALENT LICENSE.— 

13 The Secretary of the department in which the Coast 

14 Guard is operating shall treat a license held by an 

15 individual engaged under paragraph (1) that was 

16 issued by a foreign government as meeting the re17 quirements of section 8304 with respect to that en18 gagement, if the Secretary determines that the stand19 ards for issuing that license are equivalent to the 

20 standards that apply under that section.’’. 

21 SEC. 1316. ASSESSMENT OF NEEDS FOR ADDITIONAL COAST 

22 GUARD PRESENCE IN HIGH LATITUDE RE23 GIONS. 

24 Within 270 days after the date of enactment of this 

25 Act, the Secretary of the department in which the Coast 

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1 Guard is operating shall submit a report to the Committee 

2 on Commerce, Science, and Transportation of the Senate 

3 and the Committee on Transportation and Infrastructure 

4 of the House of Representatives assessing the need for addi5 tional Coast Guard prevention and response capability in 

6 the high latitude regions. The assessment shall address needs 

7 for all Coast Guard mission areas, including search and 

8 rescue, marine pollution response and prevention, fisheries 

9 enforcement, and maritime commerce. The Secretary shall 

10 include in the report— 

11 (1) an assessment of the high latitude operating 

12 capabilities of all current Coast Guard assets, includ13 ing assets acquired under the Deepwater program; 

14 (2) an assessment of projected needs for Coast 

15 Guard forward operating bases in the high latitude 

16 regions; 

17 (3) an assessment of shore infrastructure, per18 sonnel, logistics, communications, and resources re19 quirements to support Coast Guard forward operating 

20 bases in the high latitude regions; 

21 (4) an assessment of the need for high latitude 

22 icebreaking capability and the capability of the cur23 rent high latitude icebreaking assets of the Coast 

24 Guard, including— 

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1 (A) whether the Coast Guard’s high latitude 

2 icebreaking fleet is meeting current mission per3 formance goals; 

4 (B) whether the fleet is capable of meeting 

5 projected mission performance goals; and 

6 (C) an assessment of the material condition, 

7 safety, and working conditions aboard high lati8 tude icebreaking assets, including the effect of 

9 those conditions on mission performance; 

10 (5) a detailed estimate of acquisition costs for 

11 each of the assets (including shore infrastructure) nec12 essary for additional prevention and response capa13 bility in high latitude regions for all Coast Guard 

14 mission areas, and an estimate of operations and 

15 maintenance costs for such assets for the initial 10- 

16 year period of operations; and 

17 (6) detailed cost estimates (including operating 

18 and maintenance for a period of 10 years) for high 

19 latitude icebreaking capability to ensure current and 

20 projected future mission performance goals are met, 

21 including estimates of the costs to— 

22 (A) renovate and modernize the Coast 

23 Guard’s existing high latitude icebreaking fleet; 

24 and 

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1 (B) replace the Coast Guard’s existing high 

2 latitude icebreaking fleet. 

3 SEC. 1317. STUDY OF REGIONAL RESPONSE VESSEL AND 

4 SALVAGE CAPABILITY FOR OLYMPIC PENIN5 SULA COAST, WASHINGTON. 

6 No later than 180 days after the date of enactment of 

7 this Act, the Secretary of the department in which the Coast 

8 Guard is operating shall study through the National Acad9 emy of Sciences the need for regional response vessel and 

10 salvage capability for the State of Washington Olympic Pe11 ninsula coast. In conducting the study, the National Acad12 emy of Sciences shall consult with Federal, State, and tribal 

13 officials and other relevant stakeholders. The study shall— 

14 (1) identify the capabilities, equipment, and fa15 cilities necessary for a response vessel in the entry to 

16 the Strait of Juan de Fuca at Neah Bay in order to 

17 optimize oil spill protection on Washington’s Olympic 

18 Peninsula coast and provide rescue towing services, 

19 oil spill response, and salvage and firefighting capa20 bilities; 

21 (2) analyze the multimission capabilities nec22 essary for a rescue vessel and the need for that vessel 

23 to utilize cached salvage, oil spill response, and oil 

24 storage equipment while responding to a spill or a 

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1 vessel in distress, and make recommendations as to 

2 the placement of such equipment; 

3 (3) address scenarios that consider all vessel 

4 types and weather conditions and compare current 

5 Neah Bay rescue vessel capabilities, costs, and benefits 

6 with other United States industry-funded response 

7 vessels, including those currently operating in Alas8 ka’s Prince William Sound; 

9 (4) determine whether the current level of protec10 tion afforded by the Neah Bay response vessel and as11 sociated response equipment is comparable to protec12 tion in other locations where response vessels operate, 

13 including Prince William Sound, Alaska, and if it is 

14 not comparable, make recommendations regarding 

15 how capabilities, equipment, and facilities should be 

16 modified to achieve optimum protection; and 

17 (5) consider pending firefighting and salvage 

18 regulations developed pursuant to the Oil Pollution 

19 Act of 1990. 

20 SEC. 1318. STUDY OF BRIDGES OVER NAVIGABLE WATERS. 

21 The Secretary of Transportation shall submit to the 

22 Committee on Commerce, Science, and Transportation of 

23 the Senate and the Committee on Transportation and In24 frastructure of the House of Representatives a comprehen25 sive study on the proposed construction or alteration of any 

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1 bridge, drawbridge, or causeway over navigable waters with 

2 a channel depth of 25 feet or greater of the United States 

3 that may impede or obstruct future navigation to or from 

4 port facilities. 

5 SEC. 1319. LIMITATION ON JURISDICTION OF STATES TO 

6 TAX CERTAIN SEAMEN. 

7 Section 11108(b)(2)(B) of title 46, United States Code, 

8 is amended to read as follows: 

9 ‘‘(B) who performs regularly assigned duties 

10 while engaged as a master, officer, or crewman 

11 on a vessel operating on navigable waters in 2 

12 or more States.’’. 

13 SEC. 1320. DECOMMISSIONED COAST GUARD VESSELS FOR 

14 BERMUDA. 

15 (a) IN GENERAL.—Notwithstanding any other law, 

16 upon the scheduled decommissioning of any Coast Guard 

17 41-foot patrol boat and after the Government of Haiti has 

18 exercised all of their options under section 1309, the Com19 mandant of the Coast Guard shall give the Government of 

20 Bermuda a right-of-first-refusal for conveyance of that ves21 sel to the Government of Bermuda, if that Government of 

22 Bermuda agrees— 

23 (1) to use the vessel for the Coast Guard of Ber24 muda; 

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1 (2) to make the vessel available to the United 

2 States Government if needed for use by the Com3 mandant in time of war or national emergency; 

4 (3) to hold the United States Government harm5 less for any claims arising from exposure to haz6 ardous materials, including asbestos and poly7 chlorinated biphenyls, after conveyance of the vessel, 

8 except for claims arising from the use by the United 

9 States Government under paragraph (2); and 

10 (4) to any other conditions the Commandant 

11 considers appropriate. 

12 (b) LIMITATION.—The Commandant may not convey 

13 more than 3 vessels to the Government of Bermuda pursu14 ant to this section. 

15 (c) MAINTENANCE AND DELIVERY OF VESSEL.— 

16 (1) MAINTENANCE.—Before conveyance of a ves17 sel under this section, the Commandant shall make, to 

18 the extent practical and subject to other Coast Guard 

19 mission requirements, every effort to maintain the in20 tegrity of the vessel and its equipment until the time 

21 of delivery. 

22 (2) DELIVERY.—If a conveyance is made under 

23 this section, the Commandant shall deliver a vessel to 

24 a suitable mooring in the local area in its present 

25 condition. 

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1 (3) TREATMENT OF CONVEYANCE.—The convey2 ance of a vessel under this section shall not be consid3 ered a distribution in commerce for purposes of sec4 tion 6(e) of Public Law 94–469 (15 U.S.C. 2605(e)). 

5 SEC. 1321. CONVEYANCE OF COAST GUARD VESSELS TO 

6 NASSAU COUNTY, NEW YORK. 

7 (a) AUTHORITY TO CONVEY.—Notwithstanding the 

8 Federal Property and Administrative Services Act of 1949, 

9 the Commandant of the Coast Guard may convey to the 

10 Police Department of Nassau County, New York (in this 

11 section referred to as the ‘‘Police Department’’), without 

12 consideration all right, title, and interest of the United 

13 States in and to two Coast Guard 41-foot patrol boats that 

14 the Commandant determines— 

15 (1) is appropriate for use by the Police Depart16 ment; and 

17 (2) is excess to the needs of the Coast Guard and 

18 the Department of Homeland Security. 

19 (b) CONDITION.—As a condition of conveying a vessel 

20 under the authority provided in subsection (a), the Com21 mandant shall enter into an agreement with the Police De22 partment under which the Police Department agrees— 

23 (1) to utilize the vessel for homeland security 

24 and other appropriate purposes as jointly agreed 

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1 upon by the Commandant and the Police Department 

2 before conveyance; and 

3 (2) to take the vessel ‘‘as is’’ and to hold the 

4 United States harmless for any claim arising with re5 spect to that vessel after conveyance of the vessel, in6 cluding any claims arising from the condition of the 

7 vessel and its equipment or exposure to hazardous 

8 materials. 

9 (c) DELIVERY OF VESSEL.—The Commandant shall 

10 deliver a vessel conveyed under the authority provided in 

11 subsection (a)— 

12 (1) at the place where the vessel is located on the 

13 date of the conveyance; 

14 (2) in its condition on the date of conveyance; 

15 and 

16 (3) without cost to the United States. 

17 (d) OTHER EXCESS EQUIPMENT.—The Commandant 

18 may further convey any excess equipment or parts from 

19 other Coast Guard vessels, which are excess to the needs of 

20 the Coast Guard and the Department of Homeland Secu21 rity, to the Police Department for use to enhance the oper22 ability of a vessel conveyed under the authority provided 

23 in subsection (a). 

24 (e) ADDITIONAL TERMS AND CONDITIONS.—The Com25 mandant may require such additional terms and conditions 

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1 in connection with a conveyance authorized by subsection 

2 (a) as the Commandant considers appropriate to protect 

3 the interests of the United States. 

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

5 (a) STUDY.—The Administrator of the Environmental 

6 Protection Agency shall conduct a study on the public 

7 health, safety, and environmental concerns related to the 

8 underground petroleum spill on the Brooklyn shoreline of 

9 Newtown Creek, New York City, New York, in Greenpoint, 

10 Brooklyn, New York. 

11 (b) FULL-SITE CHARACTERIZATION AND COLLECTION

12 OF NEW FIELD EVIDENCE.—In carrying out the study 

13 under this section, the Administrator shall conduct a full14 site characterization of the underground petroleum spill, in15 cluding the investigation, collection, and analysis of new 

16 and updated data and field evidence on the extent of the 

17 petroleum spill, including any portion of the spill that has 

18 been diluted into surrounding waters, and any surrounding 

19 soil contamination or soil vapor contamination. 

20 (c) REPORT.—Not later than one year after the date 

21 of enactment of this Act, the Administrator shall submit 

22 a report containing the results of the study to the Committee 

23 on Environment and Public Works and the Committee on 

24 Commerce, Science, and Transportation of the Senate and 

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1 the Committee on Transportation and Infrastructure of the 

2 House of Representatives. 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

5 $5,000,000. 

6 SEC. 1323. LAND CONVEYANCE, COAST GUARD PROPERTY 

7 IN MARQUETTE COUNTY, MICHIGAN, TO THE 

8 CITY OF MARQUETTE, MICHIGAN. 

9 (a) CONVEYANCE AUTHORIZED.—(1) The Com10 mandant of the Coast Guard may convey as surplus prop11 erty, under section 550 of title 40, United States Code, and 

12 other relevant Federal Laws governing the disposal of Fed13 eral surplus property, to the City of Marquette, Michigan 

14 (in this section referred to as the ‘‘City’’), all right, title, 

15 and interest of the United States in and to a parcel of real 

16 property, together with any improvements thereon, located 

17 in Marquette County, Michigan, that is under the adminis18 trative control of the Coast Guard, consisting of approxi19 mately 5.5 acres of real property, as depicted on the Van 

20 Neste survey (#204072), dated September 7, 2006, together 

21 with the land between the intermediate traverse line as 

22 shown on such survey and the ordinary high water mark, 

23 the total comprising 9 acres, more or less, and commonly 

24 identified as Coast Guard Station Marquette and Light25 house Point. 

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1 (2) Except as provided in paragraph (3), any cost as2 sociated with the conveyance shall be borne by the City, in3 cluding, but not limited to, closing costs, attorney fees, and 

4 the cost of surveys, inspections, title examinations, and deed 

5 preparation. 

6 (3)(A) Except as provided in subparagraph (B), prior 

7 to the conveyance of the property, the Coast Guard shall 

8 perform and bear the cost of environmental remediation re9 quired under Federal law. Nothing in this section shall be 

10 construed to compel the Coast Guard to complete such reme11 diation before 10 years from the date of enactment of this 

12 section. 

13 (B) The City may assume the Coast Guard’s responsi14 bility to perform and bear the cost of the environmental 

15 remediation, provided that— 

16 (i) the City provides written notice that it will 

17 assume responsibility for the performance of such re18 mediation and the cost thereof; and 

19 (ii) the City and the Coast Guard enter into a 

20 written agreement thereon. 

21 (b) RETENTION OF CERTAIN EASEMENTS.—In con22 veying the property under subsection (a), the Commandant 

23 of the Coast Guard may retain such easements over the 

24 property as the Commandant considers appropriate for ac25 cess to aids to navigation. 

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1 (c) LIMITATIONS.—The property to be conveyed under 

2 subsection (a) may not be conveyed under that subsection 

3 until— 

4 (1) the Coast Guard has relocated Coast Guard 

5 Station Marquette to a newly constructed station; 

6 (2) any environmental remediation required 

7 under Federal law with respect to the property has 

8 been completed; and 

9 (3) the Commandant of the Coast Guard deter10 mines that retention of the property by the United 

11 States is not required to carry out Coast Guard mis12 sions or functions. 

13 (d) CONDITIONS OF TRANSFER.—All conditions placed 

14 within the deed of title of the property to be conveyed under 

15 subsection (a) shall be construed as covenants running with 

16 the land. 

17 (e) DESCRIPTION OF PROPERTY.—The exact acreage 

18 and legal description of the property to be conveyed under 

19 subsection (a) shall be determined by a survey satisfactory 

20 to the Commandant of the Coast Guard. 

21 (f) ADDITIONAL TERMS AND CONDITIONS.—The Com22 mandant of the Coast Guard may require such additional 

23 terms and conditions in connection with the conveyance au24 thorized by subsection (a) as the Commandant considers ap25 propriate to protect the interests of the United States. 

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1 SEC. 1324. MISSION REQUIREMENT ANALYSIS FOR NAVI2 GABLE PORTIONS OF THE RIO GRANDE 

3 RIVER, TEXAS, INTERNATIONAL WATER 

4 BOUNDARY. 

5 Not later than 90 days after the date of the enactment 

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

7 Coast Guard is operating shall prepare a mission require8 ment analysis for the navigable portions of the Rio Grande 

9 River, Texas, international water boundary. The analysis 

10 shall take into account the Coast Guard’s involvement on 

11 the Rio Grande River by assessing Coast Guard missions, 

12 assets, and personnel assigned along the Rio Grande River. 

13 The analysis shall also identify what would be needed for 

14 the Coast Guard to increase search and rescue operations, 

15 migrant interdiction operations, and drug interdiction op16 erations. 

17 SEC. 1325. CONVEYANCE OF COAST GUARD PROPERTY IN 

18 CHEBOYGAN, MICHIGAN. 

19 (a) CONVEYANCE AUTHORIZED.—Notwithstanding 

20 any other provision of law, the Commandant of the Coast 

21 Guard is authorized to convey, at fair market value, all 

22 right, title, and interest of the United States in and to a 

23 parcel of real property, consisting of approximately 3 acres, 

24 more or less, that is under the administrative control of the 

25 Coast Guard and located at 900 S. Western Avenue in Che26 boygan, Michigan. 

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1 (b) RIGHT OF FIRST REFUSAL.—The Cornerstone 

2 Christian Academy, located in Cheboygan, MI, shall have 

3 the right of first refusal to purchase, at fair market value, 

4 all or a portion of the real property described in subsection 

5 (a). 

6 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

7 and legal description of the property to be conveyed under 

8 subsection (a) shall be determined by a survey satisfactory 

9 to the Commandant of the Coast Guard. 

10 (d) FAIR MARKET VALUE.—The fair market value of 

11 the property shall be— 

12 (1) determined by appraisal, in accordance with 

13 the Uniform Appraisal Standards for Federal Land 

14 Acquisitions and the Uniform Standards of Profes15 sional Appraisal Practice; and 

16 (2) subject to the approval of the Commandant. 

17 (e) COSTS OF CONVEYANCE.—Any cost associated with 

18 the conveyance shall be borne by the purchaser, including, 

19 but not limited to— 

20 (1) closing costs, attorney fees, and the cost of 

21 surveys, inspections, title examinations, and deed 

22 preparation; and 

23 (2) environmental analyses, assessments, clear24 ances, and, if required under Federal law, environ25 mental remediation. 

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1 (f) ENVIRONMENTAL REMEDIATION.—Before convey2 ance of the real property described in paragraph (a), pur3 chaser shall perform any environmental remediation of the 

4 property that is required under Federal law. 

5 (g) CREDIT OF FUNDS.—Notwithstanding any other 

6 provision of law, the net proceeds of a conveyance, author7 ized under subsection (a), shall— 

8 (1) be credited to the Coast Guard Environ9 mental Compliance and Restoration appropriations 

10 account current at the time collection is made; 

11 (2) be made available, subject to appropriation, 

12 for environmental compliance and restoration pur13 poses in conjunction with any disposal of any prop14 erty under the administrative control of the Coast 

15 Guard; and 

16 (3) remain available for such purposes until ex17 pended. 

18 (h) ADDITIONAL TERMS AND CONDITIONS.—The Com19 mandant of the Coast Guard may require such additional 

20 terms and conditions in connection with the conveyance 

21 under subsection (a) as is considered appropriate to protect 

22 the interests of the United States. 

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Union Calendar No. 170 

111TH CONGRESS 

1ST SESSION H. R. 3619 

[Report No. 111–303, Part I] 

A BILL 

To authorize appropriations for the Coast Guard 

for fiscal year 2010, and for other purposes. 

OCTOBER 16, 2009 

Reported from the Committee on Transportation and 

Infrastructure with an amendment 

OCTOBER 16, 2009 

Referred to the Committee on Homeland Security for a 

pursuant to clause 1(i), rule X ment as fall within the jurisdiction of that committee consideration of such provisions of the bill and amendperiod ending not later than October 16, 2009, for 

OCTOBER 16, 2009 

Committee on Homeland Security discharged; committeed 

the Union and ordered to be printed to the Committee of the Whole House on the State of 

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