II 

Calendar No. 195 

111TH CONGRESS 

1ST SESSION H. R. 3619 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 26, 2009 

Received 

NOVEMBER 2, 2009 

Read twice and placed on the calendar 

AN ACT 

To authorize appropriations for the Coast Guard for fiscal 

year 2010, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

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

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

7 this Act is as follows: 

Sec. 1. Short title. 

TITLE I—AUTHORIZATION 

Sec. 101. Authorization of appropriations. 

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


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TITLE II—COAST GUARD 

Sec. 201. Appointment of civilian Coast Guard judges. 

Sec. 202. Industrial activities. 

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

Sec. 204. Commissioned officers. 

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

(AFRH) system. 

Sec. 206. Grants to international maritime organizations. 

Sec. 207. leave retention authority. 

Sec. 208. Enforcement authority. 

Sec. 209. Repeal. 

Sec. 210. Merchant Mariner Medical Advisory Committee. 

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

Sec. 212. Enhanced status quo officer promotion system. 

Sec. 213. 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. 

Sec. 222. Supplemental positioning system. 

TITLE III—SHIPPING AND NAVIGATION 

Sec. 301. Goods and services. 

Sec. 302. Seaward extension of anchorage grounds jurisdiction. 

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

Sec. 304. Technical amendments to tonnage measurement law. 

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

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

Fund. 

Sec. 307. Merchant mariner document standards. 

Sec. 308. Report on Coast Guard determinations. 

Sec. 309. Ship emission reduction technology demonstration project. 

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

Sec. 311. Arctic marine shipping assessment implementation. 

Sec. 312. Loran-C signal. 

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 


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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. 

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. 


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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. 

Sec. 824. Pilot required. 

Sec. 825. Delegation of authority to classification societies regarding offshore 

facilities. 

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. America’s Waterway Watch Program. 

Sec. 1102. Transportation Worker Identification Credential. 

Sec. 1103. Review of interagency operational centers. 

Sec. 1104. Maritime security response teams. 

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. Pilot Program for fingerprinting of maritime workers. 

Sec. 1112. Transportation security cards on vessels. 

Sec. 1113. International labor study. 

Sec. 1114. Maritime Security Advisory Committees. 

Sec. 1115. Seamen’s shoreside access. 

Sec. 1116. Waterside security of certain dangerous cargo. 

Sec. 1117. Review of Liquefied Natural Gas Facilities. 

Sec. 1118. Use of secondary authentication for transportation security cards. 

Sec. 1119. Assessment of transportation security card enrollment sites. 


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Sec. 1120. Assessment of the feasibility of efforts to mitigate the threat of 

small boat attack in major ports. 

Sec. 1121. Report and recommendation for uniform security background 

checks. 

Sec. 1122. Animal-propelled vessels. 

Sec. 1123. Requirements for issuance of transportation security cards; access 

pending issuance; redundant background checks. 

Sec. 1124. Harmonizing security card expirations. 

Sec. 1125. Administration of Maritime Security. 

Sec. 1126. Fresnel Lens in the Presque Isle Light House in Presque Isle, 

Michigan. 

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. Conveyance of Coast Guard vessels to Mississippi. 

Sec. 1313. Coast Guard assets for United States Virgin Islands. 

Sec. 1314. Officer requirements for distant water tuna vessels. 

Sec. 1315. Assessment of needs for additional Coast Guard presence in high 

latitude regions. 

Sec. 1316. Study of bridges over navigable waters. 

Sec. 1317. Limitation on jurisdiction of States to tax certain seamen. 

Sec. 1318. Decommissioned Coast Guard vessels for Bermuda. 

Sec. 1319. Conveyance of Coast Guard vessels to Nassau County, New York. 

Sec. 1320. Newtown Creek, New York City, New York. 

Sec. 1321. Land conveyance, Coast Guard property in Marquette County, 

Michigan, to the City of Marquette, Michigan. 

Sec. 1322. Mission requirement analysis for navigable portions of the Rio 

Grande River, Texas, international water boundary. 

Sec. 1323. Conveyance of Coast Guard property in Cheboygan, Michigan. 

Sec. 1324. Discharges incidental to normal operation of vessels. 

Sec. 1325. Tall Ship Challenge race. 

Sec. 1326. Haitian maritime cadets. 

Sec. 1327. Alternative licensing program for operators of uninspected passenger 

vessels on Lake Texoma in Texas and Oklahoma. 

Sec. 1328. Improvements to reduce human error and near-miss incidents. 

Sec. 1329. Conveyance of Coast Guard property in Portland, Maine. 


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Sec. 1330. Tug escorts for laden oil tankers. 

Sec. 1331. Study and report regarding effects resulting from changes in United 

States immigration policy toward Haiti. 

Sec. 1332. Strategy regarding drug trafficking vessels. 

Sec. 1333. Authority of the Coast Guard to carry out its homeland security 

missions. 

Sec. 1334. Use of force against piracy. 

Sec. 1335. Report on the effect of facilities infrastructure on mission fulfillment. 

TITLE XIV—SERVICEMEMBER BENEFITS IMPROVEMENT 

Sec. 1401. Short title. 

Sec. 1402. Coast Guard housing. 

Sec. 1403. Child development services. 

Sec. 1404. Chaplain activity expense. 

Sec. 1405. Coast Guard cross; silver star medal. 

1 TITLE I—AUTHORIZATION 

2 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

3 Funds are authorized to be appropriated for fiscal 

4 year 2010 for necessary expenses of the Coast Guard as 

5 follows: 

6 (1) For the operation and maintenance of the 

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

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

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

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

12 2712(a)(5)); 

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

14 for paying for search and rescue programs; 

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

16 for paying for marine safety programs; and 


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

2 for paying for ports, waterways, and coastal se3 curity. 

4 (2) For the acquisition, construction, rebuild5 ing, and improvement of aids to navigation, shore 

6 and offshore facilities, vessels, and aircraft, includ7 ing equipment related thereto, $1,597,580,000, of 

8 which— 

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

10 Oil Spill Liability Trust Fund to carry out the 

11 purposes of section 1012(a)(5) of the Oil Pollu12 tion Act of 1990, to remain available until ex13 pended; 

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

15 Integrated Deepwater System Program; and 

16 (C) $45,000,000 is authorized for shore fa17 cilities and aids to navigation. 

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

19 research, development, test, and evaluation of tech20 nologies, materials, and human factors directly relat21 ing to improving the performance of the Coast 

22 Guard’s mission in search and rescue, aids to navi23 gation, marine safety, marine environmental protec24 tion, enforcement of laws and treaties, ice oper25 ations, oceanographic research, and defense readiVerDate Nov 24 2008 00:19 Nov 03, 2009 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3619.PCS H3619

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1 ness, $29,745,000, to remain available until ex2 pended, of which $500,000 shall be derived from the 

3 Oil Spill Liability Trust Fund to carry out the pur4 poses of section 1012(a)(5) of the Oil Pollution Act 

5 of 1990. 

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

7 obligations otherwise chargeable to lapsed appropria8 tions for this purpose), payments under the Retired 

9 Serviceman’s Family Protection and Survivor Ben10 efit Plans, and payments for medical care of retired 

11 personnel and their dependents under chapter 55 of 

12 title 10, United States Code, $1,361,245,000, to re13 main available until expended. 

14 (5) For alteration or removal of bridges over 

15 navigable waters of the United States constituting 

16 obstructions to navigation, and for personnel and 

17 administrative costs associated with the Bridge Al18 teration Program, $16,000,000. 

19 (6) For environmental compliance and restora20 tion at Coast Guard facilities (other than parts and 

21 equipment associated with operation and mainte22 nance), $13,198,000, to remain available until ex23 pended. 


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1 (7) For the Coast Guard Reserve program, in2 cluding personnel and training costs, equipment, and 

3 services, $133,632,000. 

4 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 

5 AND TRAINING. 

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

7 authorized an end-of-year strength for active duty per8 sonnel of 47,000 for the fiscal year ending on September 

9 30, 2010. 

10 (b) MILITARY TRAINING STUDENT LOADS.—For fis11 cal year 2010, the Coast Guard is authorized average mili12 tary training student loads as follows: 

13 (1) For recruit and special training, 2,500 stu14 dent years. 

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

16 (3) For professional training in military and ci17 vilian institutions, 350 student years. 

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

19 TITLE II—COAST GUARD 

20 SEC. 201. APPOINTMENT OF CIVILIAN COAST GUARD 

21 JUDGES. 

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

23 States Code, is amended by adding at the end the fol24 lowing: 


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1 ‘‘§ 153. Appointment of judges 

2 ‘‘The Secretary may appoint civilian employees of the 

3 department in which the Coast Guard is operating as ap4 pellate military judges, available for assignment to the 

5 Coast Guard Court of Criminal Appeals as provided for 

6 in section 866(a) of title 10.’’. 

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

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

‘‘153. Appointment of judges.’’. 

9 SEC. 202. INDUSTRIAL ACTIVITIES. 

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

11 amended— 

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

13 ‘‘All orders’’; and 

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

15 ‘‘(b) ORDERS AND AGREEMENTS FOR INDUSTRIAL

16 ACTIVITIES.—Under this section, the Coast Guard indus17 trial activities may accept orders from and enter into reim18 bursable agreements with establishments, agencies, and 

19 departments of the Department of Defense and the De20 partment of Homeland Security.’’. 

21 SEC. 203. REIMBURSEMENT FOR MEDICAL-RELATED TRAV22 EL EXPENSES. 

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

24 States Code, is amended by adding at the end the fol25 lowing: 


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1 ‘‘§ 518. Reimbursement for medical-related travel ex2 penses for certain persons residing on is3 lands in the continental United States 

4 ‘‘In any case in which a covered beneficiary (as de5 fined in section 1072(5) of title 10) resides on an island 

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

7 of Columbia and that lacks public access roads to the 

8 mainland and is referred by a primary care physician to 

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

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

11 than 100 miles from the location where the beneficiary re12 sides, the Secretary shall reimburse the reasonable travel 

13 expenses of the covered beneficiary and, when accompani14 ment by an adult is necessary, for a parent or guardian 

15 of the covered beneficiary or another member of the cov16 ered beneficiary’s family who is at least 21 years of age.’’. 

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

18 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.’’. 

19 SEC. 204. COMMISSIONED OFFICERS. 

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

21 title 14, United States Code, is amended to read as fol22 lows: 


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1 ‘‘§ 42. Number and distribution of commissioned offi2 cers on active duty promotion list 

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

4 of Coast Guard commissioned officers on the active duty 

5 promotion list, excluding warrant officers, shall not exceed 

6 6,700; except that the Commandant may temporarily in7 crease that number by up to 2 percent for no more than 

8 60 days following the date of the commissioning of a Coast 

9 Guard Academy class. 

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

11 ‘‘(1) REQUIRED.—The total number of commis12 sioned officers authorized by this section shall be 

13 distributed in grade in the following percentages: 

14 0.375 percent for rear admiral; 0.375 percent for 

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

16 15.0 percent for commander; and 22.0 percent for 

17 lieutenant commander. 

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

19 prescribe the percentages applicable to the grades of 

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

21 ‘‘(3) AUTHORITY OF SECRETARY TO REDUCE

22 PERCENTAGE.—The Secretary— 

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

24 Guard require, any of the percentages set forth 

25 in paragraph (1); and 


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1 ‘‘(B) shall apply that total percentage re2 duction to any other lower grade or combination 

3 of lower grades. 

4 ‘‘(c) COMPUTATIONS.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall com6 pute, at least once each year, the total number of 

7 commissioned officers authorized to serve in each 

8 grade by applying the grade distribution percentages 

9 established by or under this section to the total 

10 number of commissioned officers listed on the cur11 rent active duty promotion list. 

12 ‘‘(2) ROUNDING FRACTIONS.—Subject to sub13 section (a), in making the computations under para14 graph (1), any fraction shall be rounded to the near15 est whole number. 

16 ‘‘(3) TREATMENT OF OFFICERS SERVING OUT17 SIDE COAST GUARD.—The number of commissioned 

18 officers on the active duty promotion list below the 

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

20 Federal departments or agencies on a reimbursable 

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

22 shall not be counted against the total number of 

23 commissioned officers authorized to serve in each 

24 grade. 


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

2 The numbers resulting from computations under sub3 section (c) shall be, for all purposes, the authorized num4 ber in each grade; except that the authorized number for 

5 a grade is temporarily increased during the period between 

6 one computation and the next by the number of officers 

7 originally appointed in that grade during that period and 

8 the number of officers of that grade for whom vacancies 

9 exist in the next higher grade but whose promotion has 

10 been delayed for any reason. 

11 ‘‘(e) OFFICERS SERVING COAST GUARD ACADEMY

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

13 serving on active duty in each grade of the permanent 

14 commissioned teaching staff of the Coast Guard Academy 

15 and of the Reserve serving in connection with organizing, 

16 administering, recruiting, instructing, or training the re17 serve components shall be prescribed by the Secretary.’’. 

18 (b) CLERICAL AMENDMENT.—The analysis for chap19 ter 3 of such title is amended by striking the item relating 

20 to section 42 and inserting the following: 

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

list.’’. 


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1 SEC. 205. COAST GUARD PARTICIPATION IN THE ARMED 

2 FORCES RETIREMENT HOME (AFRH) SYSTEM. 

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

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

5 is amended— 

6 (1) by striking paragraph (4); 

7 (2) in paragraph (5)— 

8 (A) by striking ‘‘and’’ at the end of sub9 paragraph (C); 

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

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

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

13 ‘‘(E) the Assistant Commandant of the 

14 Coast Guard for Human Resources.’’; and 

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

16 following: 

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

18 Coast Guard.’’. 

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

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

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

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

23 ‘‘concerned’’; and 

24 (B) by striking subsection (c). 

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

26 is amended— 


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

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

3 ‘‘Secretary of Defense’’; 

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

5 (C) by redesignating paragraph (5) as para6 graph (4). 

7 SEC. 206. GRANTS TO INTERNATIONAL MARITIME ORGANI8 ZATIONS. 

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

10 amended by adding at the end the following: 

11 ‘‘(c) GRANTS TO INTERNATIONAL MARITIME ORGA12 NIZATIONS.—After consultation with the Secretary of 

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

14 cooperative agreements, contracts, or other agreements 

15 with, international maritime organizations for the purpose 

16 of acquiring information or data about merchant vessel in17 spections, security, safety, classification, and port state or 

18 flag state law enforcement or oversight.’’. 

19 SEC. 207. LEAVE RETENTION AUTHORITY. 

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

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

22 following: 

23 ‘‘§ 426. Emergency leave retention authority 

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

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


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1 declaration of a major disaster or emergency by the Presi2 dent under the Robert T. Stafford Disaster Relief and 

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

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

5 10, a duty assignment in support of a contingency oper6 ation.’’. 

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

8 chapter is amended by inserting after the item relating 

9 to section 425 the following new item: 

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

10 SEC. 208. ENFORCEMENT AUTHORITY. 

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

12 States Code, is amended by adding at the end the fol13 lowing: 

14 ‘‘§ 99. Enforcement authority 

15 ‘‘Subject to guidelines approved by the Secretary, 

16 members of the Coast Guard, in the performance of offi17 cial duties, may— 

18 ‘‘(1) carry a firearm; and 

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

20 70101 of title 46)— 

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

22 any offense against the United States com23 mitted in their presence; and 

24 ‘‘(B) seize property as otherwise provided 

25 by law.’’. 


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

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

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

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

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

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

7 are repealed. 

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

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

‘‘99. Enforcement authority.’’. 

10 SEC. 209. REPEAL. 

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

12 item relating to such section in the analysis for chapter 

13 11 of such title, are repealed. 

14 SEC. 210. MERCHANT MARINER MEDICAL ADVISORY COM15 MITTEE. 

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

17 States Code, is amended by adding at the end the fol18 lowing new section: 

19 ‘‘§ 7115. Merchant Mariner Medical Advisory Com20 mittee 

21 ‘‘(a) ESTABLISHMENT.— 

22 ‘‘(1) IN GENERAL.—There is established a Mer23 chant Mariner Medical Advisory Committee (in this 

24 section referred to as the ‘Committee’). 


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

2 the Secretary on matters relating to— 

3 ‘‘(A) medical certification determinations 

4 for issuance of merchant mariner credentials; 

5 ‘‘(B) medical standards and guidelines for 

6 the physical qualifications of operators of com7 mercial vessels; 

8 ‘‘(C) medical examiner education; and 

9 ‘‘(D) medical research. 

10 ‘‘(b) MEMBERSHIP.— 

11 ‘‘(1) IN GENERAL.—The Committee shall con12 sist of 14 members, none of whom is a Federal em13 ployee, and shall include— 

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

15 with particular expertise, knowledge, or experi16 ence regarding the medical examinations of 

17 merchant mariners or occupational medicine; 

18 and 

19 ‘‘(B) four who are professional mariners 

20 with knowledge and experience in mariner occu21 pational requirements. 

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

23 Committee shall not be considered Federal employ24 ees or otherwise in the service or the employment of 

25 the Federal Government, except that members shall 


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1 be considered special Government employees, as de2 fined in section 202(a) of title 18, United States 

3 Code, and shall be subject to any administrative 

4 standards of conduct applicable to the employees of 

5 the department in which the Coast Guard is oper6 ating. 

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

8 ‘‘(1) APPOINTMENTS.—The Secretary shall ap9 point the members of the Committee, and each 

10 member shall serve at the pleasure of the Secretary. 

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

12 for a term of three years, except that, of the mem13 bers first appointed, three members shall be ap14 pointed for a term of two years and three members 

15 shall be appointed for a term of one year. 

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

17 fill the vacancy prior to the expiration of the term 

18 for which that member’s predecessor was appointed 

19 shall be appointed for the remainder of that term. 

20 ‘‘(d) CHAIRMAN AND VICE CHAIRMAN.—The Sec21 retary shall designate one member of the Committee as 

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

23 Vice Chairman shall act as Chairman in the absence or 

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

25 of, the Chairman. 


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

2 of the Committee shall serve without compensation, except 

3 that, while engaged in the performance of duties away 

4 from their homes or regular places of business of the mem5 ber, the member of the Committee may be allowed travel 

6 expenses, including per diem in lieu of subsistence, as au7 thorized by section 5703 of title 5. 

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

9 to the Committee the personnel and services as are consid10 ered necessary for the conduct of its business.’’. 

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

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

13 Medical Advisory Committee established by the amend14 ment made by this section shall hold its first meeting. 

15 (c) CLERICAL AMENDMENT.—The analysis for chap16 ter 71 of that title is amended by adding at the end the 

17 following: 

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

18 SEC. 211. RESERVE COMMISSIONED WARRANT OFFICER TO 

19 LIEUTENANT PROGRAM. 

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

21 amended to read as follows: 

22 ‘‘(a) The president may appoint temporary commis23 sioned officers— 

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

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1 tions, experience, and length of service, as the needs 

2 of the Coast Guard may require, from among the 

3 commissioned warrant officers, warrant officers, and 

4 enlisted members of the Coast Guard, and from 

5 holders of licenses issued under chapter 71 of title 

6 46; and 

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

8 not above lieutenant, appropriate to their qualifica9 tions, experience, and length of service, as the needs 

10 of the Coast Guard may require, from among the 

11 commissioned warrant officers of the Coast Guard 

12 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 

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

4 and 

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

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

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

8 pursuant to subsection (a), the Secretary may fur9 nish the selection board— 

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

11 of the Coast Guard for officers having par12 ticular skills, including direction relating to the 

13 need for a minimum number of officers with 

14 particular skills within a specialty; and 

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

16 believes may be necessary to enable the board 

17 to properly perform its functions. 

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

19 guidance provided under this subsection shall not ex20 ceed the maximum percentage of officers who may 

21 be selected from below the announced promotion 

22 zone at any given selection board convened under 

23 section 251 of this title.’’; 

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

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


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1 to the needs of the Coast Guard for officers with 

2 particular skills so noted in specific direction fur3 nished to the board by the Secretary under section 

4 258 of this title,’’; and 

5 (4) in section 260(b), by inserting after ‘‘quali6 fied for promotion’’ the following: ‘‘to meet the 

7 needs of the service (as noted in specific direction 

8 furnished the board by the Secretary under section 

9 258 of this title)’’. 

10 SEC. 213. LASER TRAINING SYSTEM. 

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

12 enactment of this Act, the Secretary of the department 

13 in which the Coast Guard is operating shall test an inte14 grated laser engagement system for the training of mem15 bers of the Coast Guard assigned to small vessels in the 

16 use of individual weapons and machine guns on those ves17 sels. The test shall be conducted on vessels on the Great 

18 Lakes using similar laser equipment used by other Federal 

19 agencies. However, that equipment shall be adapted for 

20 use in the marine environment. 

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

22 the Committee on Transportation and Infrastructure and 

23 the Committee on Homeland Security of the House of 

24 Representatives and the Committee on Commerce, 

25 Science, and Transportation of the Senate within 6 


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1 months after the conclusions of the test required under 

2 subsection (a) on the costs and benefits of using the sys3 tem regionally and nationwide to train members of the 

4 Coast Guard in the use of individual weapons and machine 

5 guns. 

6 SEC. 214. COAST GUARD VESSELS AND AIRCRAFT. 

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

8 Section 637(c) of title 14, United States Code, is amend9 ed— 

10 (1) in paragraph (1), by striking ‘‘; or’’ and in11 serting a semicolon; 

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

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

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

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

16 noncommercial service when— 

17 ‘‘(A) the vessel or aircraft is under the tac18 tical control of the Coast Guard; and 

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

20 Guard is assigned and conducting a Coast 

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

22 (b) AUTHORITY TO DISPLAY COAST GUARD ENSIGNS

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

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


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1 and aircraft’’ and inserting ‘‘Vessels and aircraft author2 ized by the Secretary’’. 

3 SEC. 215. COAST GUARD DISTRICT OMBUDSMEN. 

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

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

7 ‘‘§ 55. District Ombudsmen 

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

9 an employee of the Coast Guard in each Coast Guard Dis10 trict as a District Ombudsman to serve as a liaison be11 tween ports, terminal operators, shipowners, and labor 

12 representatives and the Coast Guard. 

13 ‘‘(b) PURPOSE.—The purpose of the District Om14 budsman shall be the following: 

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

16 Guard in each port in the District for which the Dis17 trict Ombudsman is appointed. 

18 ‘‘(2) To improve communications between and 

19 among port stakeholders including, port and ter20 minal operators, ship owners, labor representatives, 

21 and the Coast Guard. 

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

23 Coast Guard and all petitioners regarding require24 ments imposed or services provided by the Coast 

25 Guard. 


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1 ‘‘(c) FUNCTIONS.— 

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

3 may examine complaints brought to the attention of 

4 the District Ombudsman by a petitioner operating in 

5 a port or by Coast Guard personnel. 

6 ‘‘(2) GUIDELINES FOR DISPUTES.— 

7 ‘‘(A) IN GENERAL.—The District Ombuds8 man shall develop guidelines regarding the 

9 types of disputes with respect to which the Dis10 trict Ombudsman will provide assistance. 

11 ‘‘(B) LIMITATION.—The District Ombuds12 man shall not provide assistance with respect to 

13 a dispute unless it involves the impact of Coast 

14 Guard requirements on port business and the 

15 flow of commerce. 

16 ‘‘(C) PRIORITY.—In providing such assist17 ance, the District Ombudsman shall give pri18 ority to complaints brought by petitioners who 

19 believe they will suffer a significant hardship as 

20 the result of implementing a Coast Guard re21 quirement or being denied a Coast Guard serv22 ice. 

23 ‘‘(3) CONSULTATION.—The District Ombuds24 man may consult with any Coast Guard personnel 

25 who can aid in the investigation of a complaint. 


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

2 Ombudsman shall have access to any Coast Guard 

3 document, including any record or report, that will 

4 aid the District Ombudsman in obtaining the infor5 mation needed to conduct an investigation of a com6 pliant. 

7 ‘‘(5) REPORTS.—At the conclusion of an inves8 tigation, the District Ombudsman shall submit a re9 port on the findings and recommendations of the 

10 District Ombudsman, to the Commander of the Dis11 trict in which the petitioner who brought the com12 plaint is located or operating. 

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

14 shall seek to resolve each complaint brought in ac15 cordance with the guidelines— 

16 ‘‘(A) in a timely fashion; and 

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

18 complaint is officially accepted by the District 

19 Ombudsman. 

20 ‘‘(d) APPOINTMENT.—The Commandant shall ap21 point as the District Ombudsman a civilian who has expe22 rience in port and transportation systems and knowledge 

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

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

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1 structure of the House of Representatives and the Com2 mittee on Commerce, Science, and Transportation of the 

3 Senate on the matters brought before the District Om4 budsmen, including— 

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

6 District Ombudsman; 

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

8 ‘‘(3) the eventual resolution of each such mat9 ter.’’. 

10 (b) CLERICAL AMENDMENT.—The analysis at the be11 ginning of that chapter is amended by adding at the end 

12 the following new item: 

‘‘55. District Ombudsmen.’’. 

13 SEC. 216. COAST GUARD COMMISSIONED OFFICERS: COM14 PULSORY RETIREMENT. 

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

16 States Code, is amended by striking section 293 and in17 serting the following: 

18 ‘‘§ 293. Compulsory retirement 

19 ‘‘(a) REGULAR COMMISSIONED OFFICERS.—Any reg20 ular commissioned officer, except a commissioned warrant 

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

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

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

24 ‘‘(b) FLAG-OFFICER GRADES.—(1) Except as pro25 vided in paragraph (2), any regular commissioned officer 


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

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

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

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

5 (1) may be deferred— 

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

7 may not extend beyond the first day of the month 

8 following the month in which the officer becomes 68 

9 years of age; or 

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

11 which the Coast Guard is operating, but such a 

12 deferment may not extend beyond the first day of 

13 the month following the month in which the officer 

14 becomes 66 years of age.’’. 

15 (b) CLERICAL AMENDMENT.—The analysis at the be16 ginning of such chapter is amended by striking the item 

17 relating to such section and inserting the following: 

‘‘293. Compulsory retirement.’’. 

18 SEC. 217. ENFORCEMENT OF COASTWISE TRADE LAWS. 

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

20 States Code, is further amended by adding at the end the 

21 following: 

22 ‘‘§ 100. Enforcement of coastwise trade laws 

23 ‘‘Officers and members of the Coast Guard are au24 thorized to enforce chapter 551 of title 46. The Secretary 

25 shall establish a program for these officers and members 


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1 to enforce that chapter, including the application of those 

2 laws to vessels that support the exploration, development, 

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

4 of Mexico.’’. 

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

6 chapter is further amended by adding at the end the fol7 lowing new item: 

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

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

9 which the Coast Guard is operating shall submit a report 

10 to the Committee on Transportation and Infrastructure 

11 of the House of Representatives and the Senate Com12 mittee on Commerce, Science, and Transportation within 

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

14 enforcement strategies and enforcement actions taken to 

15 enforce the coastwise trade laws. 

16 SEC. 218. ACADEMY NOMINATIONS. 

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

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

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

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

21 Cadets (determined for any academic program year 

22 as of the day before the last day of the academic 

23 program year) is 1,000, excluding those foreign na24 tionals admitted for instructions pursuant to section 


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1 195. Subject to that limitation, cadets are selected 

2 as follows: 

3 ‘‘(A) Not more than 10 individuals, ap4 pointed by the Secretary of Homeland Security, 

5 in order of merit as established by competitive 

6 examination, from the children of members of 

7 the Armed Forces who were killed in action or 

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

9 not less than 100 per centum resulting from, 

10 wounds or injuries received or diseases con11 tracted in, or preexisting injury or disease ag12 gravated by, active service, children of members 

13 who are in a ‘missing status’ (as defined in sec14 tion 551(2) of title 37), and children of civilian 

15 employees who are in ‘missing status’ (as de16 fined in section 5561(5) of title 5). The deter17 mination of the Department of Veterans Affairs 

18 as to service connection of the cause of death 

19 or disability is rated, is binding upon the Sec20 retary. 

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

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

23 President, by the President pro tempore of the 

24 Senate. 


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

2 Senator. 

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

4 Representative in Congress. 

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

6 Delegate to the House of Representatives from 

7 the District of Columbia, the Delegate in Con8 gress from the Virgin Islands, the Resident 

9 Commissioner from Puerto Rico, the Delegate 

10 in Congress from Guam, the Delegate in Con11 gress from American Samoa, or the Resident 

12 Representative from the Commonwealth of the 

13 Northern Mariana Islands. 

14 Each Senator, Representative, and Delegate in Con15 gress, including the Resident Commissioner and the 

16 Resident Representative, is entitled to nominate 10 

17 persons each year. Cadets who do not graduate on 

18 time shall not count against the allocations pursuant 

19 to subparagraphs (B)–(E). Nominees may be sub20 mitted without ranking or with a principal candidate 

21 and 9 ranked or unranked alternates. A nominee not 

22 selected for appointment under this paragraph shall 

23 be considered an alternate for the purposes of ap24 pointment under paragraph (2). 


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

2 program year, individuals who are either— 

3 ‘‘(A) alternates nominated pursuant to 

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

5 ‘‘(B) applicants who applied directly for 

6 admission. 

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

8 each academic program year, individuals who are— 

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

10 Forces who— 

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

12 training) and who have served continuously 

13 on active duty for at least eight years; 

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

15 retired with pay or granted retired or re16 tainer pay; 

17 ‘‘(iii) are serving as members of re18 serve components and are credited with at 

19 least eight years of service; 

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

21 would have been, entitled to retired pay, 

22 except for not having attained 60 years of 

23 age; or 

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

25 Honor; 


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1 the total number of whom cannot exceed 5 per2 cent of the class to be admitted; however, a per3 son who is eligible for selection under sub4 section (a)(1)(A) may not be selected under this 

5 subparagraph; 

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

7 or the Coast Guard Reserve, the total number 

8 of whom cannot exceed 5 percent of the class 

9 to be admitted; 

10 ‘‘(C) graduates of the Coast Guard Schol11 ars program, the total number of whom cannot 

12 exceed 30 percent of the class to be admitted; 

13 and 

14 ‘‘(D) individuals who possess qualities that 

15 the Superintendent identifies to be of particular 

16 value to the Academy and the Service, the total 

17 number of whom cannot exceed 20 percent of 

18 the class to be admitted. 

19 ‘‘(4) An individual shall be qualified for nomi20 nation, selection, and appointment as a cadet at the 

21 Academy only if the individual— 

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

23 States; and 

24 ‘‘(B) meets such minimum requirements 

25 that the Secretary may establish. 


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

2 Member of Congress, upon the written request of 

3 such Member, the name of the Congressman or 

4 other nominating authority responsible for the nomi5 nation of any named or identified person for ap6 pointment to the Academy. 

7 ‘‘(6) For purposes of the limitation in sub8 section (a)(1) establishing the aggregate authorized 

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

10 for any academic program year, permit a variance in 

11 that limitation by not more than 5 percent. In ap12 plying that limitation, and any such variance, the 

13 last day of an academic program year shall be con14 sidered to be graduation day.’’. 

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

16 nomination, selection, and appointment of individuals, 

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

18 who will matriculate in academic program year 2012 and 

19 thereafter, except that for— 

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

21 135 cadets of the corps (or 14 percent of the corps, 

22 whichever is smaller) shall be from nominations 

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

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

25 270 cadets of the corps (or 27 percent of the corps, 


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1 whichever is smaller) shall be from nominations 

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

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

4 405 cadets of the corps (or 41 percent of the corps, 

5 which ever is smaller) shall be from nominations 

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

7 The Secretary is hereby authorized to take any additional 

8 action the Secretary believes necessary and proper to pro9 vide for the transition to the nomination, selection, and 

10 appointment process provided under this section. 

11 (c) MINORITY RECRUITING PROGRAM.— 

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

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

14 following new section: 

15 ‘‘§ 199. Minority recruiting program 

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

17 Guard is operating shall establish a minority recruiting 

18 program for prospective cadets at the Coast Guard Acad19 emy. The program may include— 

20 ‘‘(1) use of minority cadets and officers to pro21 vide information regarding the Coast Guard and the 

22 Academy to students in high schools; 

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

24 and guidance counselors to the Academy; 


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

2 of the Navy, maximizing the use of the Naval Acad3 emy Preparatory School to prepare students to be 

4 cadets at the Coast Guard Academy; 

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

6 Guard to attend the Academy; 

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

8 at the Academy; and 

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

10 the Coast Guard Reserve and Auxiliary to promote 

11 the Academy.’’. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions for that chapter is amended by adding at the 

14 end the following new item: 

‘‘199. Minority recruiting program.’’. 

15 (d) REPORT.—Within 12 months after the date of en16 actment of this Act, the Comptroller General of the United 

17 States shall report to Congress on the Coast Guard’s ef18 forts to recruit minority candidates to the Coast Guard 

19 Academy. The report shall include the following: 

20 (1) The status of implementation of the Coast 

21 Guard’s minority recruitment program. 

22 (2) An assessment of the effectiveness of the 

23 program, including the number of minority appli24 cants contacted by the Coast Guard Academy, the 

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1 cations to the Academy, the number of minority can2 didates offered appointments to the Academy, and 

3 the number of candidates who accepted such ap4 pointments. 

5 (3) A comparison of the Coast Guard’s minority 

6 recruitment program with similar programs at other 

7 United States service academies. 

8 (4) Recommendations for enhancing the Coast 

9 Guard’s minority recruitment program. 

10 (5) An assessment of the current geographic di11 versity of cadets currently enrolled at the Coast 

12 Guard Academy including information on the num13 ber of candidates from each State and region of the 

14 United States who were contacted by the Academy, 

15 the number of candidates from each State and re16 gion of the United States who completed applica17 tions to the Academy, the number of candidates 

18 from each State and region of the country offered 

19 appointments to the Academy, and the number of 

20 candidates from each State and region of the coun21 try who accepted such appointments. 

22 (6) Recommendations for increasing the geo23 graphic diversity of the student population at the 

24 Coast Guard Academy. 


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

2 GUARD. 

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

4 each year, the Commandant of the Coast Guard shall sub5 mit a report on the sexual assaults involving members of 

6 the Coast Guard to the Committee on Transportation and 

7 Infrastructure and the Committee on Homeland Security 

8 of the House of Representatives and the Committee on 

9 Commerce, Science, and Transportation of the Senate. 

10 (b) CONTENTS.—The report required under sub11 section (a) shall contain the following: 

12 (1) The number of sexual assaults against 

13 members of the Coast Guard, and the number of 

14 sexual assaults by members of the Coast Guard, that 

15 were reported to military officials during the year 

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

17 so reported that were substantiated. 

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

19 taken in, each substantiated case. 

20 (3) The policies, procedures, and processes im21 plemented by the Secretary concerned during the 

22 year covered by such report in response to incidents 

23 of sexual assault involving members of the Coast 

24 Guard concerned. 

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

26 in the year following the year covered by such report 


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1 on the prevention of and response to sexual assault 

2 involving members of the Coast Guard concerned. 

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

4 Section 96 of title 14, United States Code, is amend5 ed— 

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

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

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

9 United States’’. 

10 SEC. 221. MINORITY SERVING INSTITUTIONS. 

11 (a) MSI MANAGEMENT INTERNSHIP PROGRAM.— 

12 (1) ESTABLISHMENT AND PURPOSE.—The 

13 Commandant of the Coast Guard shall establish a 

14 two part management internship program for stu15 dents at minority serving institutions (MSI) to in16 tern at Coast Guard headquarters or a Coast Guard 

17 regional office, to be known as the ‘‘MSI Manage18 ment Internship Program’’, to develop a cadre of ci19 vilian, career mid-level and senior managers for the 

20 Coast Guard. 

21 (2) OPERATION.—The MSI Management In22 ternship Program shall be managed by the Secretary 

23 of Homeland Security, acting through the Com24 mandant of the Coast Guard, in coordination with 

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1 er Education, the Hispanic Association of Colleges 

2 and Universities, and the American Indian Higher 

3 Education Consortium and other non-profit edu4 cational organizations that can undertake effective 

5 recruitment efforts to attract minority students and 

6 students with disabilities. 

7 (3) CRITERIA FOR SELECTION.—Participation 

8 in the MSI Management Internship Program shall 

9 be open to sophomores, juniors, and seniors at mi10 nority serving institutions, with an emphasis on such 

11 students who are majoring in management or busi12 ness administration, international affairs, political 

13 science, marine sciences, criminal justice, or any 

14 other major related to homeland security. 

15 (4) AUTHORIZATION OF APPROPRIATIONS.— 

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

17 to the Commandant to carry out this subsection. 

18 (b) MSI INITIATIVES.— 

19 (1) ESTABLISHMENT OF MSI STUDENT PRE20 COMMISSIONING INITIATIVE.—The Commandant of 

21 the Coast Guard shall establish an MSI component 

22 of the College Student Pre-Commissioning Initiative 

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1 ticipation by students from MSIs in the College Stu2 dent Pre-Commissioning Initiative. 

3 (2) PARTICIPATION IN OFFICER CANDIDATE

4 SCHOOL.—The Commandant of the Coast Guard 

5 shall ensure that graduates of the MSI Student Pre6 Commissioning Initiative Program are included in 

7 the first enrollment for Officer Candidate School 

8 that commences after the date of enactment of this 

9 Act and each enrollment period thereafter. 

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

11 the conclusion of each academic year with respect to 

12 which the College Student Pre-Commissioning Initia13 tive and the MSI Student Pre-Commissioning Initia14 tive Program is carried out beginning with the first 

15 full academic year after the date of the enactment 

16 of this Act, the Commandant shall submit to the 

17 Committee on Transportation and Infrastructure 

18 and the Committee on Homeland Security of the 

19 House of Representatives and the Committee on 

20 Commerce of the Senate a report on the number of 

21 students in the College Student Pre-Commissioning 

22 Initiative and the number of students in the MSI 

23 Student Pre-Commissioning Initiative Program, out24 reach efforts, and demographic information of en25 rollees including, age, gender, race, and disability. 


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1 (4) ESTABLISHMENT OF MSI AVIATION OFFICER

2 CORPS INITIATIVE.—The Commandant of the Coast 

3 Guard shall establish an MSI Aviation Officer Corps 

4 Initiative to increase the diversity of the Coast 

5 Guard Aviation Officer Corps through an integrated 

6 recruiting, accession, training, and assignment proc7 ess that offers guaranteed flight school opportunities 

8 to students from minority serving institutions. 

9 (5) AUTHORIZATION OF APPROPRIATIONS.— 

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

11 to the Commandant to carry out this subsection. 

12 (c) COAST GUARD-MSI COOPERATIVE TECHNOLOGY

13 PROGRAM.— 

14 (1) ESTABLISHMENT.—The Commandant of 

15 the Coast Guard shall establish a Coast Guard Lab16 oratory of Excellence-MSI Cooperative Technology 

17 Program at three minority serving institutions to 

18 focus on priority security areas for the Coast Guard, 

19 such as global maritime surveillance, resilience, and 

20 recovery. 

21 (2) COLLABORATION.—The Commandant shall 

22 encourage collaboration among the minority serving 

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1 search and academic program resources and experi2 ence. 

3 (3) PARTNERSHIPS.—The heads of the labora4 tories established at the minority serving institutions 

5 pursuant to paragraph (1) may seek to establish 

6 partnerships with the private sector, especially small, 

7 disadvantaged businesses, to— 

8 (A) develop increased research and devel9 opment capacity; 

10 (B) increase the number of baccalaureate 

11 and graduate degree holders in science, tech12 nology, engineering, mathematics (STEM), and 

13 information technology or other fields critical to 

14 the mission of the Coast Guard; and 

15 (C) strengthen instructional ability among 

16 faculty. 

17 (4) AUTHORIZATION OF APPROPRIATIONS.— 

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

19 to the Commandant to carry out this subsection, in20 cluding for instrumentation acquisition and funding 

21 undergraduate student scholarships, graduate fellow22 ships, and faculty-post doctoral study. 

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

24 terms ‘‘minority serving institution’’, ‘‘minority serving in25 stitutions’’, and ‘‘MSI’’ mean a historically Black college 


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1 or university (as defined in section 322 of the Higher Edu2 cation Act of 1965), a Hispanic-serving institution (as de3 fined in section 502 of such Act), a Tribal College or Uni4 versity (as defined in section 316 of such Act), a Predomi5 nantly Black institution (as defined in section 499A(c) of 

6 such Act), a Native American-serving nontribal institution 

7 (as defined in section 499A(c) of such Act), or an Asian 

8 American and a Native American Pacific Islander-serving 

9 institution (as defined in section 320 of such Act). 

10 SEC. 222. SUPPLEMENTAL POSITIONING SYSTEM. 

11 (a) STUDY REQUIRED.—The Secretary, in consulta12 tion with the Secretary of Transportation and other heads 

13 of appropriate Federal departments, shall conduct a study 

14 to determine whether there is a continued need for a sup15 plemental air and maritime navigation system as a backup 

16 to the Global Positioning System. 

17 (b) STUDY COMPONENTS.—The study shall— 

18 (1) analyze the impact of the termination of a 

19 supplemental system may have on maritime and 

20 aviation safety, including general aviation; 

21 (2) review national navigational capabilities 

22 available in the event of a loss of the Global Posi23 tioning System; 

24 (3) investigate the capabilities of currently 

25 available radionavigational technologies and systems, 


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1 including the LORAN-C program currently operated 

2 by the Coast Guard as well as modernized LORAN 

3 systems, and costs and infrastructure requirements 

4 necessary to establish a supplemental system nation5 wide; and 

6 (4) include recommendations for future courses 

7 of action. 

8 (c) PUBLIC COMMENT.—The Secretary shall— 

9 (1) publish in the Federal Register a draft re10 port containing findings, conclusions, and rec11 ommendations from the study required by subsection 

12 (a); 

13 (2) accept public comments regarding such 

14 draft report for a period of not less than 60 days 

15 after the date the draft report is published in the 

16 Federal Register; and 

17 (3) consider any such public comments in the 

18 preparation of a final report under subsection (d). 

19 (d) FINAL REPORT.—The Secretary shall submit a 

20 final report, including the findings and recommendations, 

21 of the study required under subsection (a) and responses 

22 to comments gathered under subsection (c) to the Com23 mittee on Transportation and Infrastructure of the House 

24 of Representatives and the Committee on Commerce, 


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1 Science, and Transportation of the Senate not later than 

2 1 year after the enactment of this Act. 

3 (e) SECRETARY DEFINED.—As used in this section, 

4 the term ‘‘Secretary’’ means the Secretary of the depart5 ment in which the Coast Guard is operating. 

6 TITLE III—SHIPPING AND 

7 NAVIGATION 

8 SEC. 301. GOODS AND SERVICES. 

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

10 known as the Rivers and Harbors Appropriation Act of 

11 1884 (33 U.S.C. 5(b)), is amended— 

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

13 (2)(C); 

14 (2) by striking the period at the end of para15 graph (3) and inserting ‘‘; or’’; and 

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

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

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

19 watercraft primarily engaged in foreign com20 merce).’’. 

21 SEC. 302. SEAWARD EXTENSION OF ANCHORAGE GROUNDS 

22 JURISDICTION. 

23 Section 7 of the Rivers and Harbors Appropriations 

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


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

2 following: 

3 ‘‘(a) IN GENERAL.—The’’. 

4 (2) in subsection (a) (as designated by para5 graph (1)) by striking ‘‘$100; and the’’ and insert6 ing ‘‘up to $10,000. Each day during which a viola7 tion continues shall constitute a separate violation. 

8 The’’; and 

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

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

11 waters of the United States’ includes all waters of the ter12 ritorial sea of the United States as described in Presi13 dential Proclamation No. 5928 of December 27, 1988.’’. 

14 SEC. 303. MARITIME DRUG LAW ENFORCEMENT ACT 

15 AMENDMENT-SIMPLE POSSESSION. 

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

17 amended by adding at the end the following: 

18 ‘‘(c) SIMPLE POSSESSION.— 

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

20 subject to the jurisdiction of the United States who 

21 is found by the Secretary, after notice and an oppor22 tunity for a hearing, to have knowingly or inten23 tionally possessed a controlled substance within the 

24 meaning of the Controlled Substances Act (21 

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


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1 a civil penalty of not to exceed $10,000 for each vio2 lation. The Secretary shall notify the individual in 

3 writing of the amount of the civil penalty. 

4 ‘‘(2) DETERMINATION OF AMOUNT.—In deter5 mining the amount of the penalty, the Secretary 

6 shall consider the nature, circumstances, extent, and 

7 gravity of the prohibited acts committed and, with 

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

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

10 matters that justice requires. 

11 ‘‘(3) TREATMENT OF CIVIL PENALTY ASSESS12 MENT.—Assessment of a civil penalty under this 

13 subsection shall not be considered a conviction for 

14 purposes of State or Federal law but may be consid15 ered proof of possession if such a determination is 

16 relevant.’’. 

17 SEC. 304. TECHNICAL AMENDMENTS TO TONNAGE MEAS18 UREMENT LAW. 

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

20 United States Code, is amended— 

21 (1) by striking ‘‘engaged’’ the first place it ap22 pears and inserting ‘‘that engages’’; 

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

24 and inserting ‘‘that arrives’’; 

25 (3) in subparagraph (B)— 


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

2 ‘‘that makes’’; and 

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

4 engaged on that voyage)’’; 

5 (4) in subparagraph (C), by striking ‘‘depart6 ing’’ and inserting ‘‘that departs’’; and 

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

8 and inserting ‘‘that makes’’. 

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

10 of that title is amended by striking ‘‘intended to be en11 gaged on’’ and inserting ‘‘that engages on’’. 

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

13 amended— 

14 (1) by amending subsection (a) to read as fol15 lows: 

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

17 chapter applies to any vessel for which the application of 

18 an international agreement or other law of the United 

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

20 (2) in subsection (b)— 

21 (A) in paragraph (1), by striking the pe22 riod at the end and inserting ‘‘, unless the gov23 ernment of the country to which the vessel be24 longs elects to measure the vessel under this 

25 chapter.’’; 


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

2 United States or Canadian registry or nation3 ality, or a vessel operated under the authority 

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

5 after ‘‘vessel’’; 

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

7 (except a vessel engaged’’ and inserting ‘‘a ves8 sel of United States registry or nationality, or 

9 one operated under the authority of the United 

10 States (except a vessel that engages’’; 

11 (D) by striking paragraph (5); 

12 (E) by redesignating paragraph (6) as 

13 paragraph (5); and 

14 (F) by amending paragraph (5), as so re15 designated, to read as follows: 

16 ‘‘(5) a barge of United States registry or na17 tionality, or a barge operated under the authority of 

18 the United States (except a barge that engages on 

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

20 (3) by striking subsection (c); 

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

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

23 (5) in subsection (c), as redesignated, by strik24 ing ‘‘After July 18, 1994, an existing vessel (except 

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


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

2 vessel that has not undergone a change that the Sec3 retary finds substantially affects the vessel’s gross 

4 tonnage (or a vessel to which IMO Resolutions 

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

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

7 17, 1983, apply)’’. 

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

9 is amended to read as follows: 

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

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

12 (e) TONNAGE CERTIFICATE.— 

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

14 United States Code, is amended— 

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

16 the following: ‘‘For a vessel to which the Con17 vention does not apply, the Secretary shall pre18 scribe a certificate to be issued as evidence of 

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

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

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

22 (C) in the section heading by striking 

23 ‘‘International’’ and ‘‘(1969)’’. 

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

25 is amended— 


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1 (A) by designating the existing text as sub2 section (a); and 

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

4 subsection: 

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

6 by the Secretary.’’. 

7 (3) CLERICAL AMENDMENT.—The analysis at 

8 the beginning of chapter 143 of that title is amend9 ed by striking the item relating to section 14303 and 

10 inserting the following: 

‘‘14303. Tonnage Certificate.’’. 

11 (f) OPTIONAL REGULATORY MEASUREMENT.—Sec12 tion 14305(a) of that title is amended by striking ‘‘docu13 mented vessel measured under this chapter,’’ and inserting 

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

15 States registry or nationality, or a vessel operated under 

16 the authority of the United States,’’. 

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

18 amended— 

19 (1) by amending paragraph (1) to read as fol20 lows: 

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

22 of this title if the application of an international 

23 agreement or other law of the United States to the 

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


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

2 inserting ‘‘A vessel’’. 

3 (h) DUAL TONNAGE MEASUREMENT.—Section 

4 14513(c) of that title is amended— 

5 (1) in paragraph (1)— 

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

7 below the uppermost part of the load line 

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

9 sets of gross and net tonnages under this sec10 tion,’’; and 

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

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

13 and 

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

15 the end and inserting ‘‘as assigned under this sec16 tion.’’. 

17 (i) RECIPROCITY FOR FOREIGN VESSELS.—Sub18 chapter II of chapter 145 of that title is amended by add19 ing at the end the following: 

20 ‘‘§ 14514. Reciprocity for foreign vessels 

21 ‘‘For a foreign vessel not measured under chapter 

22 143, if the Secretary finds that the laws and regulations 

23 of a foreign country related to measurement of vessels are 

24 substantially similar to those of this chapter and the regu25 lations prescribed under this chapter, the Secretary may 


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1 accept the measurement and certificate of a vessel of that 

2 foreign country as complying with this chapter and the 

3 regulations prescribed under this chapter.’’. 

4 (j) CLERICAL AMENDMENT.—The analysis for sub5 chapter II of chapter 145 of such title is amended by add6 ing at the end the following: 

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

7 SEC. 305. ADJUSTMENT OF LIABILITY LIMITS FOR NAT8 URAL GAS DEEPWATER PORTS. 

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

10 (33 U.S.C. 2704(d)(2)) is amended by adding at the end 

11 the following: 

12 ‘‘(D) The Secretary may establish, by reg13 ulation, a limit of liability of not less than 

14 $12,000,000 for a deepwater port used only in 

15 connection with transportation of natural gas.’’. 

16 SEC. 306. PERIOD OF LIMITATIONS FOR CLAIMS AGAINST 

17 OIL SPILL LIABILITY TRUST FUND. 

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

19 (33 U.S.C. 2712(h)(1)) is amended by striking ‘‘6’’ and 

20 inserting ‘‘3’’. 

21 SEC. 307. MERCHANT MARINER DOCUMENT STANDARDS. 

22 Not later than 270 days after the date of enactment 

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

24 Coast Guard is operating shall submit to the Committee 

25 on Transportation and Infrastructure of the House of 


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1 Representatives and the Committee on Commerce, 

2 Science, and Transportation of the Senate— 

3 (1) a plan to ensure that the process for an ap4 plication, by an individual who has, or has applied 

5 for, a transportation security card under section 

6 70105 of title 46, United States Code, for a mer7 chant mariner document can be completed entirely 

8 by mail; and 

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

10 to, redesign the merchant mariner document to com11 ply with the requirements of such section, including 

12 a biometric identifier, and all relevant international 

13 conventions, including the International Labour Or14 ganization Convention Number 185 concerning the 

15 seafarers identity document, and include a review on 

16 whether or not such redesign will eliminate the need 

17 for separate credentials and background screening 

18 and streamline the application process for mariners. 

19 SEC. 308. REPORT ON COAST GUARD DETERMINATIONS. 

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

21 the Secretary of Homeland Security shall provide to the 

22 Committee on Transportation and Infrastructure of the 

23 House of Representatives and the Committee on Com24 merce, Science, and Transportation of the Senate a report 

25 on the loss of United States shipyard jobs and industrial 


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1 base expertise as a result of rebuild, conversion, and dou2 ble-hull work on United States-flag vessels eligible to en3 gage in the coastwise trade being performed in foreign 

4 shipyards, enforcement of the Coast Guard’s foreign re5 build determination regulations, and recommendations for 

6 improving the transparency in the Coast Guard’s foreign 

7 rebuild determination process. 

8 SEC. 309. SHIP EMISSION REDUCTION TECHNOLOGY DEM9 ONSTRATION PROJECT. 

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

11 in conjunction with the Administrator of the Environ12 mental Protection Agency, shall conduct a study— 

13 (1) that surveys new technology and new appli14 cations of existing technology for reducing air emis15 sions from cargo or passenger vessels that operate in 

16 United States waters and ports; and 

17 (2) that identifies the impediments, including 

18 any laws or regulations, to demonstrating the tech19 nology identified in paragraph (1). 

20 (b) REPORT.—Within 180 days after the date of en21 actment of this Act, the Commandant shall submit a re22 port on the results of the study conducted under sub23 section (a) to the Committee on Transportation and Infra24 structure and the Committee on Energy and Commerce 

25 of the House of Representatives and the Committee on 


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1 Commerce, Science, and Transportation and the Com2 mittee on Environment and Public Works of the Senate. 

3 SEC. 310. PHASEOUT OF VESSELS SUPPORTING OIL AND 

4 GAS DEVELOPMENT. 

5 (a) IN GENERAL.—Notwithstanding section 

6 12111(d) of title 46, United States Code, foreign-flag ves7 sels may be chartered by, or on behalf of, a lessee to be 

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

9 or other mooring equipment of a mobile offshore drilling 

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

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

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

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

14 offshore mineral or energy resources in the Beaufort Sea 

15 or the Chukchi Sea adjacent to Alaska— 

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

17 gives the Secretary of Transportation written notice 

18 of the commencement of such exploration drilling if 

19 the Secretary determines, after publishing notice in 

20 the Federal Register, that insufficient vessels docu21 mented under section 12111(d) of title 46, United 

22 States Code, are reasonably available and suitable 

23 for these support operations and all such reasonably 

24 available and suitable vessels are employed in sup25 port of such operations; and 


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1 (2) for an additional period until such vessels 

2 are available if the Secretary of Transportation de3 termines— 

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

5 the commencement of exploration drilling, the 

6 lessee has entered into a binding agreement to 

7 employ a suitable vessel or vessels to be docu8 mented under section 12111(d) of title 46, 

9 United States Code, in sufficient numbers and 

10 with sufficient suitability to replace any foreign11 flag vessel or vessels operating under this sec12 tion; and 

13 (B) after publishing notice in the Federal 

14 Register, that insufficient vessels documented 

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

16 States Code, are reasonably available and suit17 able for these support operations and all such 

18 reasonably available and suitable vessels are 

19 employed in support of such operations. 

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

21 the commitment referred to in subsection (a)(2)(A) oc22 curs, foreign-flag anchor handling vessels may not be em23 ployed for the setting, relocation, or recovery of anchors 

24 or other mooring equipment of a mobile offshore drilling 

25 unit after December 31, 2017. 


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

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

3 1331(c) of title 43, United States Code), who, prior to 

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

5 into a binding agreement to employ a suitable vessel docu6 mented or to be documented under 12111(d) of title 46, 

7 United States Code. 

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

9 may be construed to authorize the employment in the 

10 coastwise trade of a vessel that does not meet the require11 ments of 12111 of title 46, United States Code. 

12 SEC. 311. ARCTIC MARINE SHIPPING ASSESSMENT IMPLE13 MENTATION. 

14 (a) PURPOSE.—The purpose of this section is to en15 sure safe and secure maritime shipping in the Arctic in16 cluding the availability of aids to navigation, vessel es17 corts, spill response capability, and maritime search and 

18 rescue in the Arctic. 

19 (b) INTERNATIONAL MARITIME ORGANIZATION

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

21 the Secretary of the department in which the Coast Guard 

22 is operating is encouraged to enter into negotiations 

23 through the International Maritime Organization to con24 clude and execute agreements to promote coordinated ac25 tion among the United States, Russia, Canada, Iceland, 


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1 Norway, and Denmark and other seafaring and Arctic na2 tions to ensure, in the Arctic— 

3 (1) placement and maintenance of aids to navi4 gation; 

5 (2) appropriate marine safety, tug, and salvage 

6 capabilities; 

7 (3) oil spill prevention and response capability; 

8 (4) maritime domain awareness, including long9 range vessel tracking; and 

10 (5) search and rescue. 

11 (c) COORDINATION BY COMMITTEE ON THE MARI12 TIME TRANSPORTATION SYSTEM.—The Committee on the 

13 Maritime Transportation System established under a di14 rective of the President in the Ocean Action Plan, issued 

15 December 17, 2004, shall coordinate the establishment of 

16 domestic transportation policies in the Arctic necessary to 

17 carry out the purpose of this section. 

18 (d) AGREEMENTS AND CONTRACTS.—The Secretary 

19 of the department in which the Coast Guard is operating 

20 may, subject to the availability of appropriations, enter 

21 into cooperative agreements, contracts, or other agree22 ments with, or make grants to individuals and govern23 ments to carry out the purpose of this section or any 

24 agreements established under subsection (b). 


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

2 in which the Coast Guard is operating shall promote safe 

3 maritime navigation by means of icebreaking where need4 ed to carry out the purposes of this section. 

5 (f) DEMONSTRATION PROJECTS.—The Secretary of 

6 Transportation may enter into cooperative agreements, 

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

8 individuals to conduct demonstration projects to reduce 

9 emissions (including black carbon and other emissions 

10 that could contribute to climate change) or discharges 

11 from vessels operating in the Arctic. 

12 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated— 

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

15 the Coast Guard is operating— 

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

17 2011 through 2015 for seasonal operations in 

18 the Arctic; and 

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

20 2012 through 2015 to carry out agreements es21 tablished under subsection (d); and 

22 (2) to the Secretary of Transportation 

23 $5,000,000 for each of fiscal years 2011 through 

24 2015 to conduct demonstration projects under sub25 section (f). 


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1 (h) ICEBREAKERS.— 

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

3 the date of enactment of this Act or the date of com4 pletion of the ongoing High Latitude Study to assess 

5 Arctic polar ice-breaking mission requirements, 

6 which ever occurs later, the Commandant of the 

7 Coast Guard shall— 

8 (A) conduct a comparative cost-benefit 

9 analysis of— 

10 (i) rebuilding, renovating, or improv11 ing the existing fleet of icebreakers for op12 eration by the Coast Guard, 

13 (ii) constructing new icebreakers for 

14 operation by the Coast Guard, and 

15 (iii) any combination of the activities 

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

17 out the missions of the Coast Guard; and 

18 (B) conduct an analysis of the impact on 

19 mission capacity and the ability of the United 

20 States to maintain a presence in the Arctic re21 gions through the year 2020 if recapitalization 

22 of the icebreaker fleet, either by constructing 

23 new icebreakers or rebuilding, renovating, or 

24 improving the existing fleet of icebreakers, is 

25 not fully funded. 


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1 (2) REPORTS TO CONGRESS.— 

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

3 of enactment of this Act or the date of comple4 tion of the ongoing High Latitude Study to as5 sess Arctic ice-breaking mission requirements, 

6 which ever occurs later, the Commandant of the 

7 Coast Guard shall submit a report containing 

8 the results of the study, together with rec9 ommendations the Commandant deems appro10 priate under section 93(a)(24) of title 14, 

11 United States Code, to the Senate Committee 

12 on Commerce, Science, and Transportation and 

13 the House of Representatives Committee on 

14 Transportation and Infrastructure. 

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

16 enactment of this Act, the Commandant shall 

17 submit reports containing the results of the 

18 analyses required under subparagraphs (A) and 

19 (B) of paragraph (1), together with rec20 ommendations the Commandant deems appro21 priate under section 93(a)(24) of title 14, 

22 United States Code, to the Senate Committee 

23 on Commerce, Science, and Transportation and 

24 the House of Representatives Committee on 

25 Transportation and Infrastructure. 


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

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

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

4 SEC. 312. LORAN-C SIGNAL. 

5 (a) Subject to subsection (b), the Secretary of Home6 land Security may not operate the Loran-C signal after 

7 January 4, 2010. 

8 (b) The limitation in subsection (a) shall take effect 

9 only if the Commandant of the Coast Guard certifies 

10 that— 

11 (1) the termination of the operation of the 

12 Loran-C signal as of the date specified in subsection 

13 (a) will not adversely impact the safety of maritime 

14 navigation; and 

15 (2) the Loran-C system infrastructure is not 

16 needed as a backup to the Global Positioning Sys17 tem or any other Federal navigation requirement. 

18 (c) If the Commandant makes the certifications de19 scribed in subsection (b), the Coast Guard shall, com20 mencing January 4, 2010, terminate the operation of the 

21 Loran-C signal and commence a phased decommissioning 

22 of the Loran-C system infrastructure. 

23 (d) Not later than 30 days after such certifications 

24 made pursuant to subsection (b), the Commandant shall 

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1 structure of the House of Representatives and the Com2 mittee on Commerce, Science, and Transportation of the 

3 Senate a report setting forth a proposed schedule for the 

4 phased decommissioning of the Loran-C system infra5 structure in the event of the decommissioning of such in6 frastructure in accordance with subsection (c). 

7 (e) If the Commandant makes the certifications de8 scribed in subsection (b), the Secretary of Homeland Secu9 rity, acting through the Commandant of the Coast Guard, 

10 may, notwithstanding any other provision of law, sell any 

11 real and personal property under the administrative con12 trol of the Coast Guard and used for the Loran-C system, 

13 by directing the Administrator of General Services to sell 

14 such real and personal property, subject to such terms and 

15 conditions that the Secretary believes to be necessary to 

16 protect government interests and program requirements of 

17 the Coast Guard. 

18 SEC. 313. DUAL ESCORT VESSELS FOR DOUBLE HULLED 

19 TANKERS IN PRINCE WILLIAM SOUND, ALAS20 KA. 

21 (a) IN GENERAL.—Section 4116(c) of the Oil Pollu22 tion Act of 1990 (46 U.S.C. 3703 note; Public Law 101– 

23 380) is amended— 

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

25 inserting the following: 


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

2 and 

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

4 ‘‘(2) PRINCE WILLIAM SOUND, ALASKA.—The 

5 requirement in paragraph (1) relating to single 

6 hulled tankers in Prince William Sound, Alaska, de7 scribed in that paragraph being escorted by at least 

8 2 towing vessels or other vessels considered to be ap9 propriate by the Secretary (including regulations 

10 promulgated in accordance with section 3703(a)(3) 

11 of title 46, United States Code, as set forth in part 

12 168 of title 33, Code of Federal Regulations (as in 

13 effect on March 1, 2009), implementing this sub14 section with respect to those tankers) shall apply to 

15 double hulled tankers over 5,000 gross tons trans16 porting oil in bulk in Prince William Sound, Alas17 ka.’’. 

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

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

20 the date of enactment of this Act. 

21 (c) RULEMAKING.— 

22 (1) INTERIM FINAL RULE AUTHORITY.—The 

23 Secretary shall issue an interim final rule as a tem24 porary regulation implementing this section (includ25 ing the amendments made by this section) as soon 


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1 as practicable after the date of enactment of this 

2 section, without regard to the provisions of chapter 

3 5 of title 5, United States Code. All regulations pre4 scribed under the authority of this paragraph that 

5 are not earlier superseded by final regulations shall 

6 expire not later than 1 year after the date of enact7 ment of this Act. 

8 (2) INITIATION OF RULEMAKING.—The Sec9 retary may initiate a rulemaking to implement this 

10 section (including the amendments made by this sec11 tion) as soon as practicable after the date of enact12 ment of this section. The final rule issued pursuant 

13 to that rulemaking may supersede the interim final 

14 rule promulgated under this subsection. 

15 TITLE IV—GREAT LAKES 

16 ICEBREAKER 

17 SEC. 401. SHORT TITLE. 

18 This title may be cited as the ‘‘Great Lakes Ice19 breaker Replacement Act’’. 

20 SEC. 402. FINDINGS. 

21 Congress finds that— 

22 (1) five of the Coast Guard’s Great Lakes ice23 breakers are nearing the end of their useful lives; 

24 (2) two other Coast Guard icebreaking assets 

25 have experienced difficulty in heavy ice conditions; 


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1 (3) during the spring of 2008, United States2 flag vessels operating on the Great Lakes suffered 

3 more than $1,300,000 in damages to their hulls be4 cause the Coast Guard did not have enough assets 

5 available to keep Great Lakes shipping lanes open; 

6 (4) during the 2006–2007 ice season, ship7 ments of iron ore, coal, and limestone on the Great 

8 Lakes exceeded 20,000,000 tons; 

9 (5) during the 2006–2007 ice season, the trans10 portation of 10,400,000 tons of iron ore on the 

11 Great Lakes helped support 100,000 jobs at steel 

12 mills and 300,000 jobs at supplier industries by 

13 keeping those industries working during the winter 

14 season; and 

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

16 Great Lakes during the 2006–2007 ice season kept 

17 the Great Lakes region supplied with electricity. 

18 SEC. 403. AUTHORIZATION OF APPROPRIATIONS. 

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

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

21 acquisition, and construction of a combined buoy tender22 icebreaker to replace icebreaking capacity on the Great 

23 Lakes, to remain available until expended. 


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1 TITLE V—ACQUISITION REFORM 

2 SEC. 501. SHORT TITLE. 

3 This title may be cited as the ‘‘Coast Guard Acquisi4 tion Reform Act of 2009’’. 

5 SEC. 502. DEFINITIONS. 

6 In this title, the following definitions apply: 

7 (1) APPROPRIATE CONGRESSIONAL COMMIT8 TEES.—The term ‘‘appropriate congressional com9 mittees’’ means the Committee on Transportation 

10 and Infrastructure of the House of Representatives 

11 and the Committee on Commerce, Science, and 

12 Transportation of the Senate. 

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

14 means the Commandant of the Coast Guard. 

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

16 acquisition’’ means— 

17 (A) an acquisition by the Coast Guard— 

18 (i) the estimated life-cycle costs of 

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

20 (ii) the estimated total acquisition 

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

22 (B) any acquisition that the Chief Acquisi23 tion Officer of the Coast Guard determines to 

24 have a special interest— 

25 (i) due to— 


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1 (I) the experimental or tech2 nically immature nature of the asset; 

3 (II) the technological complexity 

4 of the asset; 

5 (III) the commitment of re6 sources; or 

7 (IV) the nature of the capability 

8 or set of capabilities to be achieved; or 

9 (ii) because such acquisition is a joint 

10 acquisition. 

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

12 acquisition’’ means an acquisition by the Coast 

13 Guard— 

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

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

16 greater than $300,000,000; or 

17 (B) the estimated total acquisition costs of 

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

19 but greater than $100,000,000. 

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

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

22 construction, and operations and support for a par23 ticular capability or asset, without regard to funding 

24 source or management control. 


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1 Subtitle A—Restrictions on the Use 

2 of Lead Systems Integrators 

3 SEC. 511. PROCUREMENT STRUCTURE. 

4 (a) IN GENERAL.— 

5 (1) USE OF LEAD SYSTEMS INTEGRATOR.—Ex6 cept as provided in subsection (b), the Commandant 

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

8 integrator for an acquisition contract awarded or de9 livery order or task order issued after the end of the 

10 180-day period beginning on the date of enactment 

11 of this Act. 

12 (2) FULL AND OPEN COMPETITION.—The Com13 mandant and any lead systems integrator engaged 

14 by the Coast Guard shall use full and open competi15 tion for any acquisition contract awarded after the 

16 date of enactment of this Act, unless otherwise ex17 cepted in accordance with Federal acquisition laws 

18 and regulations promulgated under those laws, in19 cluding the Federal Acquisition Regulation. 

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

21 Nothing in this subsection shall be construed to su22 persede or otherwise affect the authorities provided 

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

24 631 et seq.). 

25 (b) EXCEPTIONS.— 


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1 (1) NATIONAL DISTRESS AND RESPONSE SYS2 TEM MODERNIZATION PROGRAM; NATIONAL SECU3 RITY CUTTERS 2 AND 3.—Notwithstanding sub4 sections (a) and (e), the Commandant may use a 

5 private sector entity as a lead systems integrator for 

6 the Coast Guard to complete the National Distress 

7 and Response System Modernization Program (oth8 erwise known as the ‘‘Rescue 21’’ program) and Na9 tional Security Cutters 2 and 3. 

10 (2) COMPLETION OF ACQUISITION BY LEAD

11 SYSTEMS INTEGRATOR.—Notwithstanding subsection 

12 (a), the Commandant may use a private sector enti13 ty as a lead systems integrator for the Coast 

14 Guard— 

15 (A) to complete any delivery order or task 

16 order, including the exercise of previously estab17 lished options on a delivery order or task order 

18 that was issued to a lead systems integrator on 

19 or before the date that is 180 days after the 

20 date of enactment of this Act without any 

21 change in the quantity of capabilities or assets 

22 or the specific type of capabilities or assets cov23 ered by the order; 

24 (B) for a contract awarded after the date 

25 that is 180 days after the date of enactment of 


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

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

3 C4ISR system, if the requirements of sub4 section (c) are met with respect to such acquisi5 tions; 

6 (C) for a contract awarded after the date 

7 that is 180 days after the date of enactment of 

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

9 Maritime Patrol Aircraft, if the requirements of 

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

11 acquisition; and 

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

13 additional National Security Cutters or Mari14 time Patrol Aircraft, if the Commandant deter15 mines that— 

16 (i) the acquisition is in accordance 

17 with Federal acquisition laws and regula18 tions promulgated under those laws, in19 cluding the Federal Acquisition Regula20 tion; 

21 (ii) the acquisition and the use of a 

22 private sector entity as a lead systems inte23 grator for the acquisition are in the best 

24 interest of the Federal Government; and 


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1 (iii) the requirements of subsection (c) 

2 are met with respect to such acquisition. 

3 (3) REPORT ON DECISIONMAKING PROCESS.—If 

4 the Commandant determines under subparagraph 

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

6 Guard will use a private sector lead systems inte7 grator for an acquisition, the Commandant shall no8 tify in writing the appropriate congressional commit9 tees of the Commandant’s determination and shall 

10 provide a detailed rationale for the determination, at 

11 least 30 days before the award of a contract or 

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

13 private sector lead systems integrator, including a 

14 comparison of the cost of the acquisition through the 

15 private sector lead systems integrator with the ex16 pected cost if the acquisition were awarded directly 

17 to the manufacturer or shipyard. For purposes of 

18 that comparison, the cost of award directly to a 

19 manufacturer or shipyard shall include the costs of 

20 Government contract management and oversight. 

21 (c) LIMITATION ON LEAD SYSTEMS INTEGRATORS.— 

22 Neither an entity performing lead systems integrator func23 tions for a Coast Guard acquisition nor a Tier 1 subcon24 tractor for any acquisition described in subparagraph (B), 

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1 est in a subcontractor below the Tier 1 subcontractor level 

2 unless— 

3 (1) the subcontractor was selected by the prime 

4 contractor through full and open competition for 

5 such procurement; 

6 (2) the procurement was awarded by the lead 

7 systems integrator or a subcontractor through full 

8 and open competition; 

9 (3) the procurement was awarded by a subcon10 tractor through a process over which the lead sys11 tems integrator or a Tier 1 subcontractor exercised 

12 no control; or 

13 (4) the Commandant has determined that the 

14 procurement was awarded in a manner consistent 

15 with Federal acquisition laws and regulations pro16 mulgated under those laws, including the Federal 

17 Acquisition Regulation. 

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

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

20 assets to which subsection (b) applies shall not be con21 strued to apply to the modification of the number or type 

22 of any sub-systems or other components of a vessel or air23 craft described in subparagraph (B), (C), or (D) of sub24 section (b)(2). 


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1 (e) TERMINATION DATE FOR EXCEPTIONS.—Except 

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

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

4 for acquisition contracts awarded, or task orders or deliv5 ery orders issued, after the earlier of— 

6 (1) September 30, 2011; or 

7 (2) the date on which the Commandant certifies 

8 in writing to the appropriate congressional commit9 tees that the Coast Guard has available and can re10 tain sufficient acquisition workforce personnel and 

11 expertise within the Coast Guard, through an ar12 rangement with other Federal agencies, or through 

13 contracts or other arrangements with private sector 

14 entities, to perform the functions and responsibilities 

15 of the lead systems integrator in an efficient and 

16 cost-effective manner. 

17 Subtitle B—Coast Guard 

18 Acquisition Policy 

19 SEC. 521. OPERATIONAL REQUIREMENTS. 

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

21 program may be initiated by the Coast Guard, and no pro22 duction contract may be awarded for such an acquisition, 

23 unless the Commandant has approved an operational re24 quirement for such acquisition. 


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1 (b) OPERATIONAL REQUIREMENT FOR ACQUISITION

2 PROGRAMS.— 

3 (1) IN GENERAL.—The Commandant shall es4 tablish mature and stable operational requirements 

5 for acquisition programs. 

6 (2) ELEMENTS.—Prior to establishing oper7 ational requirements under paragraph (1), the Com8 mandant shall— 

9 (A) prepare a preliminary statement of 

10 need, a concept of operations, an analysis of al11 ternatives or the equivalent, an estimate of life12 cycle costs, and requirements for interoper13 ability with other capabilities and assets within 

14 and external to the Coast Guard; and 

15 (B) in preparing the concept of operations 

16 under subparagraph (A), coordinate with acqui17 sition and support professionals, requirements 

18 officials, operational users and maintainers, and 

19 resource officials who can ensure the appro20 priate consideration of performance, cost, 

21 schedule and risk trade-offs. 

22 (c) CONSIDERATION OF TRADE-OFFS.—In estab23 lishing operational requirements under subsection (a), the 

24 Commandant shall develop and implement mechanisms to 

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


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1 and risk are considered in the establishment of operational 

2 requirements for development and production of a Level 

3 1 or Level 2 acquisition. 

4 (d) ELEMENTS.—The mechanisms required under 

5 this section shall ensure at a minimum that Coast Guard 

6 officials responsible for acquisition management, budget, 

7 and cost estimating functions have the authority to de8 velop cost estimates and raise cost and schedule matters 

9 at any point in the process of establishing operational re10 quirements for a Level 1 or Level 2 acquisition. 

11 SEC. 522. REQUIRED CONTRACT TERMS. 

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

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

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

15 an expected service life of 10 or more years and with a 

16 total acquisition cost that is equal to or exceeds 

17 $10,000,000 awarded or issued by the Coast Guard after 

18 the date of enactment of this Act— 

19 (1) provides that all certifications for an end20 state capability or asset under such contract, deliv21 ery order, or task order, respectively, will be con22 ducted by the Commandant or an independent third 

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

24 subcontractor is not allowed; 


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

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

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

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

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

11 which compliance with TEMPEST certification is a 

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

14 then used by the Department of the Navy for that 

15 type of capability or asset; and 

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

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

19 general Atlantic and North Pacific Sea conditions, 

20 maximum range, and maximum speed the cutter will 

21 be built to achieve. 

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

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


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1 provision allowing for equitable adjustment that differs 

2 from the Federal Acquisition Regulation. 

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

5 with a lead systems integrator— 

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

8 number of specific capabilities or assets; and 

9 (2) shall be reviewed by an independent third 

10 party with expertise in acquisition management, and 

11 the results of that review shall be submitted to the 

12 appropriate congressional committees at least 60 

13 days prior to the award of the contract, contract 

14 modification, or award term. 

15 SEC. 523. LIFE-CYCLE COST ESTIMATES. 

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

18 updating of life-cycle cost estimates for each acquisition 

19 with a total acquisition cost that equals or exceeds 

20 $10,000,000 and an expected service life of 10 or more 

21 years, and to ensure that these estimates are considered 

22 in decisions to develop or produce new or enhanced capa23 bilities and assets. 

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

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

3 Level 1 or Level 2 acquisition program or project. 

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

5 2 acquisition program or project the Commandant shall 

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

8 or project enters a new acquisition phase. 

9 SEC. 524. TEST AND EVALUATION. 

10 (a) TEST AND EVALUATION MASTER PLAN.— 

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

12 acquisition program or project the Coast Guard 

13 Chief Acquisition Officer must approve a Test and 

14 Evaluation Master Plan specific to the acquisition 

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

17 minimize technical, cost, and schedule risk as early 

18 as practicable in the development of the program or 

19 project. 

20 (2) TEST AND EVALUATION STRATEGY.—The 

21 TEMP shall— 

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

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

25 development, including performance and 


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

3 capability or asset is approved for production; 

4 and 

5 (B) require that adequate developmental 

6 tests and evaluations and operational tests and 

7 evaluations established under subparagraph (A) 

8 are performed to inform production decisions. 

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

11 (A) the key performance parameters to be 

12 resolved through the integrated test and evalua13 tion strategy; 

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

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

19 (D) modeling and simulation activities to 

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

22 (E) early operational assessments to be 

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

25 (F) operational test and evaluation phases; 


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1 (G) an estimate of the resources, including 

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

5 (H) the Government entity or independent 

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

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

11 and evaluation strategy, scope, or phasing. 

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

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

17 Chief Acquisition Officer; or 

18 (B) award any production contract for a 

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

20 TEMP is required under this subsection before 

21 the TEMP is approved by the Coast Guard 

22 Chief Acquisition Officer. 

23 (b) TESTS AND EVALUATIONS.— 

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


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

3 of the capability or asset for which a TEMP has 

4 been prepared under subsection (a). 

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

7 third parties with expertise in testing and evaluating 

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

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

11 tests and evaluations whenever the Coast Guard 

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

14 (3) COMMUNICATION OF SAFETY CONCERNS.— 

15 The Commandant shall require that safety concerns 

16 identified during developmental or operational tests 

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

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

20 acquired by the Coast Guard shall be communicated 

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

22 after the completion of the test or assessment event 

23 or activity that identified the safety concern, to the 

24 program manager for the capability or asset and the 


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1 sub-systems concerned and to the Coast Guard Chief 

2 Acquisition Officer. 

3 (4) REPORTING OF SAFETY CONCERNS.—Any 

4 safety concerns that have been reported to the Chief 

5 Acquisition Officer for an acquisition program or 

6 project shall be reported by the Commandant to the 

7 appropriate congressional committees at least 90 

8 days before the award of any contract or issuance of 

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

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

14 include a justification for the approval of that level 

15 of production of the capability or asset before the 

16 safety concern is corrected or mitigated. The report 

17 shall also include an explanation of the actions that 

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

20 and the adequacy of current funding to correct or 

21 mitigate the safety concern. 

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

25 or full-rate production identifies a safety concern 


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

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

4 the Commandant shall— 

5 (A) notify the program manager and the 

6 Chief Acquisition Officer of the safety concern 

7 as soon as practicable, but not later than 30 

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

11 (B) notify the appropriate congressional 

12 Committee of the safety concern not later than 

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

15 and include in such notification— 

16 (i) an explanation of the actions that 

17 will be taken to correct or mitigate the 

18 safety concern in all capabilities or assets 

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

21 which those actions will be taken; 

22 (ii) an explanation of the actions that 

23 will be taken to correct or mitigate the 

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


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1 capabilities or assets, and the date by 

2 which those actions will be taken; and 

3 (iii) an assessment of the adequacy of 

4 current funding to correct or mitigate the 

5 safety concern in capabilities or assets and 

6 sub-systems of the capabilities or assets 

7 and in previously produced capabilities or 

8 assets and sub-systems. 

9 (c) DEFINITIONS.—In this section: 

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

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

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

19 related specifications; and 

20 (B) the evaluation of the results of such 

21 testing. 

22 (2) OPERATIONAL TEST AND EVALUATION.— 

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

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

25 the sub-systems of the capability or asset, 


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1 under conditions similar to those in which the 

2 capability or asset and subsystems will actually 

3 be deployed, for the purpose of determining the 

4 effectiveness and suitability of the capability or 

5 asset and sub-systems for use by typical Coast 

6 Guard users to conduct those missions for 

7 which the capability or asset and sub-systems 

8 are intended to be used; and 

9 (B) the evaluation of the results of such 

10 testing. 

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

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

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

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

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

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

21 Coast Guard user. 

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

23 and Evaluation Master Plan for which approval is 

24 required under this section. 


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1 SEC. 525. CAPABILITY STANDARDS. 

2 (a) CUTTER CLASSIFICATION.—The Commandant 

3 shall cause each cutter, other than a National Security 

4 Cutter, acquired by the Coast Guard and delivered after 

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

6 American Bureau of Shipping before final acceptance. 

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

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

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

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

13 security (COMSEC) standards by an independent 

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

16 (2) certify that the capabilities and assets meet 

17 all applicable TEMPEST requirements. 

18 (c) NATIONAL SECURITY CUTTERS.— 

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

20 Not later than 90 days before the Coast Guard 

21 awards any contract or issues any delivery order or 

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

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


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

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

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

12 (B) a cost benefit analysis of the proposed 

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

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

20 (2) OTHER VESSELS.—The Commandant shall 

21 cause the design and construction of each National 

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

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


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1 (d) AIRCRAFT AIRWORTHINESS.—The Commandant 

2 shall cause all aircraft and aircraft engines acquired by 

3 the Coast Guard and delivered after the date of enactment 

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

6 engine certification, before final acceptance. 

7 SEC. 526. ACQUISITION PROGRAM REPORTS. 

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

10 or asset or proceed beyond that phase of its development 

11 that entails approving the supporting acquisition until the 

12 Commandant submits to the appropriate congressional 

13 committees the following: 

14 (1) The key performance parameters, the key 

15 system attributes, and the operational performance 

16 attributes of the capability and asset to be acquired 

17 under the proposed acquisition program or project 

18 will be built to achieve. 

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

22 explanation of the attributes of interoperability. 

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


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

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

8 SEC. 527. UNDEFINITIZED CONTRACTUAL ACTIONS. 

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

10 into an undefinitized contractual action unless such action 

11 is directly approved by the Head of Contracting Activity 

12 of the Coast Guard. 

13 (b) REQUESTS FOR UNDEFINITIZED CONTRACTUAL

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

17 the anticipated effect on requirements of the Coast Guard 

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

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

23 (1) DEADLINE FOR AGREEMENT ON TERMS, 

24 SPECIFICATIONS, AND PRICE.—A contracting officer 

25 of the Coast Guard may not enter into an 


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

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

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

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

9 obligated under the contractual action is equal 

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

12 (2) LIMITATION ON OBLIGATIONS.— 

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

14 subparagraph (B), the contracting officer for an 

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

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

19 specifications, and price are definitized for such 

20 contractual action. 

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

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

3 with respect to such contractual action an 

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

6 terms, specifications, and price are definitized 

7 for such contractual action. 

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

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

11 is necessary to support— 

12 (A) a contingency operation (as that term 

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

14 United States Code); 

15 (B) an operation in response to an emer16 gency that poses an unacceptable threat to 

17 human health or safety or to the marine envi18 ronment; or 

19 (C) an operation in response to a natural 

20 disaster or major disaster or emergency des21 ignated by the President under the Robert T. 

22 Stafford Disaster Relief and Emergency Assist23 ance Act (42 U.S.C. 5121 et seq.). 


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1 (4) LIMITATION ON APPLICATION.—This sub2 section does not apply to an undefinitized contrac3 tual action for the purchase of initial spares. 

4 (d) INCLUSION OF NONURGENT REQUIREMENTS.— 

5 Requirements for spare parts and support equipment that 

6 are not needed on an urgent basis may not be included 

7 in an undefinitized contractual action by the Coast Guard 

8 for spare parts and support equipment that are needed 

9 on an urgent basis unless the Commandant approves such 

10 inclusion as being— 

11 (1) good business practice; and 

12 (2) in the best interests of the United States. 

13 (e) MODIFICATION OF SCOPE.—The scope of an 

14 undefinitized contractual action under which performance 

15 has begun may not be modified unless the Commandant 

16 approves such modification as being— 

17 (1) good business practice; and 

18 (2) in the best interests of the United States. 

19 (f) ALLOWABLE PROFIT.—The Commandant shall 

20 ensure that the profit allowed on an undefinitized contrac21 tual action for which the final price is negotiated after 

22 a substantial portion of the performance required is com23 pleted reflects— 

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1 formance of the contract before the final price is ne2 gotiated; and 

3 (2) the reduced cost risk of the contractor with 

4 respect to costs incurred during performance of the 

5 remaining portion of the contract. 

6 (g) DEFINITIONS.—In this section: 

7 (1) UNDEFINITIZED CONTRACTUAL ACTION.— 

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

9 subparagraph (B), the term ‘‘undefinitized con10 tractual action’’ means a new procurement ac11 tion entered into by the Coast Guard for which 

12 the contractual terms, specifications, or price 

13 are not agreed upon before performance is 

14 begun under the action. 

15 (B) EXCLUSION.—Such term does not in16 clude contractual actions with respect to the fol17 lowing: 

18 (i) Foreign military sales. 

19 (ii) Purchases in an amount not in ex20 cess of the amount of the simplified acqui21 sition threshold. 

22 (iii) Special access programs. 

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1 ful audits of the information contained in the pro2 posal as determined by the contracting officer. 

3 SEC. 528. GUIDANCE ON EXCESSIVE PASS-THROUGH 

4 CHARGES. 

5 (a) IN GENERAL.—Not later than 180 days after the 

6 date of enactment of this Act, the Commandant shall issue 

7 guidance to ensure that pass-through charges on con8 tracts, subcontracts, delivery orders, and task orders that 

9 are entered into with a private entity acting as a lead sys10 tems integrator by or on behalf of the Coast Guard are 

11 not excessive in relation to the cost of work performed by 

12 the relevant contractor or subcontractor. The guidance 

13 shall, at a minimum— 

14 (1) set forth clear standards for determining 

15 when no, or negligible, value has been added to a 

16 contract by a contractor or subcontractor; 

17 (2) set forth procedures for preventing the pay18 ment by the Government of excessive pass-through 

19 charges; and 

20 (3) identify any exceptions determined by the 

21 Commandant to be in the best interest of the Gov22 ernment. 

23 (b) EXCESSIVE PASS-THROUGH CHARGE DE24 FINED.—In this section the term ‘‘excessive pass-through 

25 charge’’, with respect to a contractor or subcontractor that 


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1 adds no, or negligible, value to a contract or subcontract, 

2 means a charge to the Government by the contractor or 

3 subcontractor that is for overhead or profit on work per4 formed by a lower-tier contractor or subcontractor, other 

5 than reasonable charges for the direct costs of managing 

6 lower-tier contractors and subcontracts and overhead and 

7 profit based on such direct costs. 

8 (c) APPLICATION OF GUIDANCE.—The guidance 

9 under this subsection shall apply to contracts awarded to 

10 a private entity acting as a lead systems integrator by or 

11 on behalf of the Coast Guard on or after the date that 

12 is 360 days after the date of enactment of this Act. 

13 SEC. 529. ACQUISITION OF MAJOR CAPABILITIES: ALTER14 NATIVES ANALYSIS. 

15 The Coast Guard may not acquire an experimental 

16 or technically immature capability or asset or implement 

17 a Level 1 or Level 2 acquisition, unless it has conducted 

18 an alternatives analysis for the capability or asset to be 

19 acquired in the concept and technology development phase 

20 of the acquisition process for the capability or asset. Such 

21 analysis shall be conducted by a federally funded research 

22 and development center, a qualified entity of the Depart23 ment of Defense, or a similar independent third party enti24 ty that has appropriate acquisition expertise. Such alter25 natives analysis shall include— 


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1 (1) an assessment of the technical maturity of 

2 the capability or asset and technical and other risks; 

3 (2) an examination of capability, interoper4 ability, and other advantages and disadvantages; 

5 (3) an evaluation of whether different combina6 tions or quantities of specific capabilities or assets 

7 could meet the Coast Guard’s overall performance 

8 needs; 

9 (4) a discussion of key assumptions and vari10 ables, and sensitivity to change in such assumptions 

11 and variables; 

12 (5) when an alternative is an existing capa13 bility, asset, or prototype, an evaluation of relevant 

14 safety and performance records and costs; 

15 (6) a calculation of life-cycle costs, including— 

16 (A) an examination of development costs 

17 and the levels of uncertainty associated with 

18 such estimated costs; 

19 (B) an examination of likely production 

20 and deployment costs and the levels of uncer21 tainty associated with such estimated costs; 

22 (C) an examination of likely operating and 

23 support costs and the levels of uncertainty asso24 ciated with such estimated costs; 


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1 (D) if they are likely to be significant, an 

2 examination of likely disposal costs and the lev3 els of uncertainty associated with such esti4 mated costs; and 

5 (E) such additional measures the Com6 mandant determines to be necessary for appro7 priate evaluation of the capability or asset; and 

8 (7) the business case for each viable alternative. 

9 SEC. 530. COST OVERRUNS AND DELAYS. 

10 (a) IN GENERAL.—The Commandant shall submit a 

11 report to the appropriate congressional committees as 

12 soon as possible, but not later than 30 days, after the 

13 Chief Acquisition Officer of the Coast Guard becomes 

14 aware of the breach of an acquisition program baseline 

15 for any Level 1 or Level 2 acquisition program, by— 

16 (1) a likely cost overrun greater than 15 per17 cent of the acquisition program baseline for that in18 dividual capability or asset or a class of capabilities 

19 or assets; 

20 (2) a likely delay of more than 180 days in the 

21 delivery schedule for any individual capability or 

22 asset or class of capabilities or assets; or 

23 (3) an anticipated failure for any individual ca24 pability or asset or class of capabilities or assets to 


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1 satisfy any key performance threshold or parameter 

2 under the acquisition program baseline. 

3 (b) CONTENT.—The report submitted under sub4 section (a) shall include— 

5 (1) a detailed description of the breach and an 

6 explanation of its cause; 

7 (2) the projected impact to performance, cost, 

8 and schedule; 

9 (3) an updated acquisition program baseline 

10 and the complete history of changes to the original 

11 acquisition program baseline; 

12 (4) the updated acquisition schedule and the 

13 complete history of changes to the original schedule; 

14 (5) a full life-cycle cost analysis for the capa15 bility or asset or class of capabilities or assets; 

16 (6) a remediation plan identifying corrective ac17 tions and any resulting issues or risks; and 

18 (7) a description of how progress in the remedi19 ation plan will be measured and monitored. 

20 (c) SUBSTANTIAL VARIANCES IN COSTS OR SCHED21 ULE.—If a likely cost overrun is greater than 20 percent 

22 or a likely delay is greater than 12 months from the costs 

23 and schedule described in the acquisition program baseline 

24 for any Level 1 or Level 2 acquisition program or project 

25 of the Coast Guard, the Commandant shall include in the 


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1 report a written certification, with a supporting expla2 nation, that— 

3 (1) the capability or asset or capability or asset 

4 class to be acquired under the program or project is 

5 essential to the accomplishment of Coast Guard mis6 sions; 

7 (2) there are no alternatives to such capability 

8 or asset or capability or asset class which will pro9 vide equal or greater capability in both a more cost10 effective and timely manner; 

11 (3) the new acquisition schedule and estimates 

12 for total acquisition cost are reasonable; and 

13 (4) the management structure for the acquisi14 tion program is adequate to manage and control per15 formance, cost, and schedule. 

16 SEC. 531. REPORT ON FORMER COAST GUARD OFFICIALS 

17 EMPLOYED BY CONTRACTORS TO THE AGEN18 CY. 

19 (a) REPORT REQUIRED.—Not later than December 

20 31, 2009, and annually thereafter, the Comptroller Gen21 eral of the United States shall submit a report to the ap22 propriate congressional committees on the employment 

23 during the preceding year by Coast Guard contractors of 

24 individuals who were Coast Guard officials in the previous 

25 5-year period. The report shall assess the extent to which 


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1 former Coast Guard officials were provided compensation 

2 by Coast Guard contractors in the preceding calendar 

3 year. 

4 (b) OBJECTIVES OF REPORT.—At a minimum, the 

5 report required by this section shall assess the extent to 

6 which former Coast Guard officials who receive compensa7 tion from Coast Guard contractors have been assigned by 

8 those contractors to work on contracts or programs be9 tween the contractor and the Coast Guard, including con10 tracts or programs for which the former official personally 

11 had oversight responsibility or decisionmaking authority 

12 when they served in or worked for the Coast Guard. 

13 (c) CONFIDENTIALITY REQUIREMENT.—The report 

14 required by this subsection shall not include the names 

15 of the former Coast Guard officials who receive compensa16 tion from Coast Guard contractors. 

17 (d) ACCESS TO INFORMATION.—A Coast Guard con18 tractor shall provide the Comptroller General access to in19 formation requested by the Comptroller General for the 

20 purpose of conducting the study required by this section. 

21 (e) DEFINITIONS.—In this section: 

22 (1) COAST GUARD CONTRACTOR.—The term 

23 ‘‘Coast Guard contractor’’ includes any person that 

24 received at least $10,000,000 in contractor awards 


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1 from the Coast Guard in the calendar year covered 

2 by the annual report. 

3 (2) COAST GUARD OFFICIAL.—The term ‘‘Coast 

4 Guard official’’ includes former officers of the Coast 

5 Guard who were compensated at a rate of pay for 

6 grade O–7 or above during the calendar year prior 

7 to the date on which they separated from the Coast 

8 Guard, and former civilian employees of the Coast 

9 Guard who served at any level of the Senior Execu10 tive Service under subchapter VIII of chapter 53 of 

11 title 5, United States Code, during the calendar year 

12 prior to the date on which they separated from the 

13 Coast Guard. 

14 SEC. 532. DEPARTMENT OF DEFENSE CONSULTATION. 

15 (a) IN GENERAL.—The Commandant shall make ar16 rangements as appropriate with the Secretary of Defense 

17 for support in contracting and management of Coast 

18 Guard acquisition programs. The Commandant shall also 

19 seek opportunities to make use of Department of Defense 

20 contracts, and contracts of other appropriate agencies, to 

21 obtain the best possible price for capabilities and assets 

22 acquired for the Coast Guard. 

23 (b) INTER-SERVICE TECHNICAL ASSISTANCE.—The 

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1 retary of the Navy to obtain the assistance of the Office 

2 of the Assistant Secretary of the Navy for Research, De3 velopment, and Acquisition, including the Navy Systems 

4 Commands, with the oversight of Coast Guard major ac5 quisition programs. Such memorandum of understanding 

6 or memorandum of agreement shall, at a minimum, pro7 vide for— 

8 (1) the exchange of technical assistance and 

9 support that the Coast Guard Chief Acquisition Offi10 cer, Coast Guard Chief Engineer, and the Coast 

11 Guard Chief Information Officer may identify; 

12 (2) the use, as appropriate, of Navy technical 

13 expertise; and 

14 (3) the temporary assignment or exchange of 

15 personnel between the Coast Guard and the Office 

16 of the Assistant Secretary of the Navy for Research, 

17 Development, and Acquisition, including Naval Sys18 tems Commands, to facilitate the development of or19 ganic capabilities in the Coast Guard. 

20 (c) TECHNICAL REQUIREMENT APPROVAL PROCE21 DURES.—The Coast Guard Chief Acquisition Officer shall 

22 adopt, to the extent practicable, procedures that are simi23 lar to those used by the senior procurement executive of 

24 the Department of the Navy to approve all technical re25 quirements. 


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1 (d) ASSESSMENT.—Within 180 days after the date 

2 of enactment of this Act, the Comptroller General shall 

3 transmit a report to the appropriate congressional com4 mittees that— 

5 (1) contains an assessment of current Coast 

6 Guard acquisition and management capabilities to 

7 manage Level 1 and Level 2 acquisitions; 

8 (2) includes recommendations as to how the 

9 Coast Guard can improve its acquisition manage10 ment, either through internal reforms or by seeking 

11 acquisition expertise from the Department of De12 fense; and 

13 (3) addresses specifically the question of wheth14 er the Coast Guard can better leverage Department 

15 of Defense or other agencies’ contracts that would 

16 meet the needs of Level 1 or Level 2 acquisitions in 

17 order to obtain the best possible price. 

18 Subtitle C—Coast Guard Personnel 

19 SEC. 541. CHIEF ACQUISITION OFFICER. 

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

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

22 following: 

23 ‘‘§ 56. Chief Acquisition Officer 

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1 tion Officer selected by the Commandant who shall be a 

2 Rear Admiral or civilian from the Senior Executive Service 

3 (career reserved) and who meets the qualifications set 

4 forth under subsection (b). The Chief Acquisition Officer 

5 shall serve at the Assistant Commandant level and have 

6 acquisition management as that individual’s primary duty. 

7 ‘‘(b) QUALIFICATIONS.— 

8 ‘‘(1) The Chief Acquisition Officer and any 

9 Flag Officer serving in the Acquisitions Directorate 

10 shall be an acquisition professional with a program 

11 manager level III certification and must have at 

12 least 10 years experience in an acquisition position, 

13 of which at least 4 years were spent in one of the 

14 following qualifying positions: 

15 ‘‘(A) Program executive officer. 

16 ‘‘(B) Program manager of a Level 1 or 

17 Level 2 acquisition. 

18 ‘‘(C) Deputy program manager of a Level 

19 1 or Level 2 acquisition. 

20 ‘‘(D) Project manager for a Level 1 or 

21 Level 2 acquisition. 

22 ‘‘(E) Any other acquisition position of sig23 nificant responsibility in which the primary du24 ties are supervisory or management duties. 


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1 ‘‘(2) The Commandant shall periodically publish 

2 a list of the positions designated under this sub3 section. 

4 ‘‘(c) AUTHORITY AND FUNCTIONS OF THE CHIEF AC5 QUISITION OFFICER.—The functions of the Chief Acquisi6 tion Officer shall include— 

7 ‘‘(1) monitoring the performance of programs 

8 and projects on the basis of applicable performance 

9 measurements and advising the Commandant, 

10 through the chain of command, regarding the appro11 priate business strategy to achieve the missions of 

12 the Coast Guard; 

13 ‘‘(2) maximizing the use of full and open com14 petition at the prime contract and subcontract levels 

15 in the acquisition of property, capabilities, assets, 

16 and services by the Coast Guard by establishing poli17 cies, procedures, and practices that ensure that the 

18 Coast Guard receives a sufficient number of sealed 

19 bids or competitive proposals from responsible 

20 sources to fulfill the Government’s requirements, in21 cluding performance and delivery schedules, at the 

22 lowest cost or best value considering the nature of 

23 the property, capability, asset, or service procured; 

24 ‘‘(3) making acquisition decisions in concur25 rence with the technical authority of the Coast 


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1 Guard, as designated by the Commandant, and con2 sistent with all other applicable laws and decisions 

3 establishing procedures within the Coast Guard; 

4 ‘‘(4) ensuring the use of detailed performance 

5 specifications in instances in which performance 

6 based contracting is used; 

7 ‘‘(5) managing the direction of acquisition pol8 icy for the Coast Guard, including implementation of 

9 the unique acquisition policies, regulations, and 

10 standards of the Coast Guard; 

11 ‘‘(6) developing and maintaining an acquisition 

12 career management program in the Coast Guard to 

13 ensure that there is an adequate acquisition work14 force; 

15 ‘‘(7) assessing the requirements established for 

16 Coast Guard personnel regarding knowledge and 

17 skill in acquisition resources and management and 

18 the adequacy of such requirements for facilitating 

19 the achievement of the performance goals established 

20 for acquisition management; 

21 ‘‘(8) developing strategies and specific plans for 

22 hiring, training, and professional development; and 

23 ‘‘(9) reporting to the Commandant, through the 

24 chain of command, on the progress made in improv25 ing acquisition management capability.’’. 


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1 (b) APPLICATION OF QUALIFICATION REQUIRE2 MENT.—Section 56(b) of title 14, United States Code, as 

3 amended by this section, shall apply beginning October 1, 

4 2011. 

5 (c) CLERICAL AMENDMENT.—The table of sections 

6 at the beginning of such chapter is further amended by 

7 adding at the end the following: 

‘‘Sec. 56. Chief Acquisition Officer.’’. 

8 (d) ELEVATION OF DISPUTES TO THE CHIEF ACQUI9 SITION OFFICER.—Within 45 days after the elevation to 

10 the Chief Acquisition Officer of any design or other dis11 pute regarding a Level 1 or Level 2 acquisition, the Com12 mandant shall provide to the appropriate congressional 

13 committees a detailed description of the issue and the ra14 tionale underlying the decision taken by the Chief Acquisi15 tion Officer to resolve the issue. 

16 (e) SPECIAL RATE SUPPLEMENTS.— 

17 (1) REQUIREMENT TO ESTABLISH.—Not later 

18 than 1 year after the date of enactment of this Act 

19 and in accordance with part 9701.333 of title 5, 

20 Code of Federal Regulations, the Commandant shall 

21 establish special rate supplements that provide high22 er pay levels for employees necessary to carry out 

23 the amendment made by this section. 


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1 (2) SUBJECT TO APPROPRIATIONS.—The re2 quirement under paragraph (1) is subject to the 

3 availability of appropriations. 

4 SEC. 542. IMPROVEMENTS IN COAST GUARD ACQUISITION 

5 MANAGEMENT. 

6 (a) PROGRAM AND PROJECT MANAGERS.—An indi7 vidual may not be assigned as the program manager for 

8 a Level 1 acquisition unless the individual holds a Level 

9 III acquisition certification as a program manager. 

10 (b) INTEGRATED PRODUCT TEAMS.—Integrated 

11 product teams, and all teams that oversee integrated prod12 uct teams, shall be chaired by officers, members, or em13 ployees of the Coast Guard. 

14 (c) TECHNICAL AUTHORITY.—The Commandant 

15 shall maintain or designate the technical authority to es16 tablish, approve, and maintain technical requirements. 

17 Any such designation shall be made in writing and may 

18 not be delegated to the authority of the Chief Acquisition 

19 Officer established by section 55 of title 14, United States 

20 Code. 

21 (d) DESIGNATION OF POSITIONS IN THE ACQUISI22 TION WORKFORCE.— 

23 (1) IN GENERAL.—The Commandant shall des24 ignate a sufficient number of positions to be in the 

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1 quisition-related functions at Coast Guard head2 quarters and field activities. 

3 (2) REQUIRED POSITIONS.—In designating po4 sitions under subsection (a), the Commandant shall 

5 include, at a minimum, positions encompassing the 

6 following competencies and functions: 

7 (A) Program management. 

8 (B) Systems planning, research, develop9 ment, engineering, and testing. 

10 (C) Procurement, including contracting. 

11 (D) Industrial and contract property man12 agement. 

13 (E) Life-cycle logistics. 

14 (F) Quality control and assurance. 

15 (G) Manufacturing and production. 

16 (H) Business, cost estimating, financial 

17 management, and auditing. 

18 (I) Acquisition education, training, and ca19 reer development. 

20 (J) Construction and facilities engineering. 

21 (K) Testing and evaluation. 

22 (3) ACQUISITION MANAGEMENT HEADQUARTER

23 ACTIVITIES.—The Commandant shall also designate 

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1 graph (1) those acquisition-related positions located 

2 at Coast Guard headquarters units. 

3 (4) APPROPRIATE EXPERTISE REQUIRED.—The 

4 Commandant shall ensure that each individual as5 signed to a position in the acquisition workforce has 

6 the appropriate expertise to carry out the respon7 sibilities of that position. 

8 (e) MANAGEMENT INFORMATION SYSTEM.— 

9 (1) IN GENERAL.—The Commandant shall es10 tablish a management information system capability 

11 to improve acquisition workforce management and 

12 reporting. 

13 (2) INFORMATION MAINTAINED.—Information 

14 maintained with such capability shall include the fol15 lowing standardized information on individuals as16 signed to positions in the workforce: 

17 (A) Qualifications, assignment history, and 

18 tenure of those individuals assigned to positions 

19 in the acquisition workforce or holding acquisi20 tion-related certifications. 

21 (B) Promotion rates for officers and mem22 bers of the Coast Guard in the acquisition 

23 workforce. 

24 (f) REPORT ON ADEQUACY OF ACQUISITION WORK25 FORCE.— 


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1 (1) IN GENERAL.—The Commandant shall re2 port to the Congress by July 1 of each year on the 

3 scope of the acquisition activities to be performed in 

4 the next fiscal year and on the adequacy of the cur5 rent acquisition workforce to meet that anticipated 

6 workload. 

7 (2) CONTENTS.—The report shall— 

8 (A) specify the number of officers, mem9 bers, and employees of the Coast Guard cur10 rently and planned to be assigned to each posi11 tion designated under subsection (d); and 

12 (B) identify positions that are understaffed 

13 to meet the anticipated acquisition workload, 

14 and actions that will be taken to correct such 

15 understaffing. 

16 (g) APPOINTMENTS TO ACQUISITION POSITIONS.— 

17 The Commandant shall ensure that no requirement or 

18 preference for officers or members of the Coast Guard is 

19 used in the consideration of persons for positions in the 

20 acquisition workforce. 

21 (h) CAREER PATHS.— 

22 (1) IDENTIFICATION OF CAREER PATHS.—To 

23 establish acquisition management as a core com24 petency of the Coast Guard, the Commandant 

25 shall— 


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1 (A) ensure that career paths for officers, 

2 members, and employees of the Coast Guard 

3 who wish to pursue careers in acquisition are 

4 identified in terms of the education, training, 

5 experience, and assignments necessary for ca6 reer progression of those officers, members, and 

7 employees to the most senior positions in the 

8 acquisition workforce; and 

9 (B) publish information on such career 

10 paths. 

11 (2) PROMOTION PARITY.—The Commandant 

12 shall ensure that promotion parity is established for 

13 officers and members of the Coast Guard who have 

14 been assigned to the acquisition workforce relative to 

15 officers and members who have not been assigned to 

16 the acquisition workforce. 

17 (i) BALANCED WORKFORCE POLICY.—In the devel18 opment of acquisition workforce policies under this section 

19 with respect to any civilian employees or applicants for 

20 employment, the Commandant shall, consistent with the 

21 merit system principles set out in paragraphs (1) and (2) 

22 of section 2301(b) of title 5, United States Code, take into 

23 consideration the need to maintain a balanced workforce 

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1 ity groups are appropriately represented in Government 

2 service. 

3 (j) GUIDANCE ON TENURE AND ACCOUNTABILITY OF

4 PROGRAM MANAGERS.— 

5 (1) ISSUANCE OF GUIDANCE.—Not later than 1 

6 year after the date of enactment of this Act, the 

7 Commandant shall issue guidance to address the 

8 qualifications, resources, responsibilities, tenure, and 

9 accountability of program managers for the manage10 ment of acquisition programs and projects. The 

11 guidance shall address, at a minimum— 

12 (A) the qualifications that shall be required 

13 of program managers, including the number of 

14 years of acquisition experience and the profes15 sional training levels to be required of those ap16 pointed to program management positions; 

17 (B) authorities available to program man18 agers, including, to the extent appropriate, the 

19 authority to object to the addition of new pro20 gram requirements that would be inconsistent 

21 with the parameters established for an acquisi22 tion program; and 

23 (C) the extent to which a program man24 ager who initiates a new program or project will 

25 continue in management of that program or 


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1 project without interruption until the delivery of 

2 the first production units of the program. 

3 (2) STRATEGY.— 

4 (A) IN GENERAL.—Not later than 18 

5 months after the date of enactment of this Act, 

6 the Commandant shall develop a comprehensive 

7 strategy for enhancing the role of Coast Guard 

8 program managers in developing and carrying 

9 out acquisition programs. 

10 (B) MATTERS TO BE ADDRESSED.—The 

11 strategy required by this section shall address, 

12 at a minimum— 

13 (i) the creation of a specific career 

14 path and career opportunities for individ15 uals who are or may become program man16 agers, including the rotational assignments 

17 that will be provided to program managers; 

18 (ii) the provision of enhanced training 

19 and educational opportunities for individ20 uals who are or may become program man21 agers; 

22 (iii) the provision of mentoring sup23 port to current and future program man24 agers by experienced senior executives and 

25 program managers within the Coast 


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1 Guard, and through rotational assignments 

2 to the Department of Defense; 

3 (iv) the methods by which the Coast 

4 Guard will collect and disseminate best 

5 practices and lessons learned on systems 

6 acquisition to enhance program manage7 ment throughout the Coast Guard; 

8 (v) the templates and tools that will 

9 be used to support improved data gath10 ering and analysis for program manage11 ment and oversight purposes, including the 

12 metrics that will be utilized to assess the 

13 effectiveness of Coast Guard program 

14 managers in managing systems acquisition 

15 efforts; 

16 (vi) a description in detail of how the 

17 Coast Guard will promote a balanced work18 force in which women and members of ra19 cial and ethnic minority groups are appro20 priately represented in Government service; 

21 and 

22 (vii) the methods by which the ac23 countability of program managers for the 

24 results of acquisition programs will be in25 creased. 


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1 SEC. 543. RECOGNITION OF COAST GUARD PERSONNEL 

2 FOR EXCELLENCE IN ACQUISITION. 

3 (a) IN GENERAL.—Not later than 180 days after the 

4 date of enactment of this Act, the Commandant shall com5 mence implementation of a program to recognize excellent 

6 performance by individuals and teams comprised of offi7 cers, members, and employees of the Coast Guard that 

8 contributed to the long-term success of a Coast Guard ac9 quisition program or project. 

10 (b) ELEMENTS.—The program required by sub11 section (a) shall include the following: 

12 (1) Specific award categories, criteria, and eligi13 bility and manners of recognition. 

14 (2) Procedures for the nomination by personnel 

15 of the Coast Guard of individuals and teams com16 prised of officers, members, and employees of the 

17 Coast Guard for recognition under the program. 

18 (3) Procedures for the evaluation of nomina19 tions for recognition under the program by one or 

20 more panels of individuals from the Government, 

21 academia, and the private sector who have such ex22 pertise and are appointed in such manner as the 

23 Commandant shall establish for the purposes of this 

24 program. 

25 (c) AWARD OF CASH BONUSES.—As part of the pro26 gram required by subsection (a), the Commandant, subVerDate Nov 24 2008 00:19 Nov 03, 2009 Jkt 089200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 E:\BILLS\H3619.PCS H3619

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1 ject to the availability of appropriations, may award to any 

2 individual recognized pursuant to the program a cash 

3 bonus to the extent that the performance of such indi4 vidual so recognized warrants the award of such bonus. 

5 SEC. 544. COAST GUARD ACQUISITION WORKFORCE EXPE6 DITED HIRING AUTHORITY. 

7 (a) IN GENERAL.—For purposes of sections 3304, 

8 5333, and 5753 of title 5, United States Code, the Com9 mandant may— 

10 (1) designate any category of acquisition posi11 tions within the Coast Guard as shortage category 

12 positions; and 

13 (2) use the authorities in such sections to re14 cruit and appoint highly qualified persons directly to 

15 positions so designated. 

16 (b) LIMITATION.—The Commandant may not ap17 point a person to a position of employment under this sub18 section after September 30, 2012. 

19 TITLE VI—MARITIME 

20 WORKFORCE DEVELOPMENT 

21 SEC. 601. SHORT TITLE. 

22 This title may be cited as the ‘‘Maritime Workforce 

23 Development Act’’. 


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1 SEC. 602. MARITIME EDUCATION LOAN PROGRAM. 

2 (a) IN GENERAL.—Chapter 517 of title 46, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘§ 51705. Maritime career training loan program 

6 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor7 tation shall establish a maritime career training loan pro8 gram (in this section referred to as the ‘program’) in ac9 cordance with the requirements of this section. 

10 ‘‘(b) PURPOSE.—The purpose of the program shall 

11 be to make maritime career training loans available to eli12 gible students to provide for the training of United States 

13 mariners. 

14 ‘‘(c) ADMINISTRATION.—The program shall be car15 ried out by the Secretary, acting through the Adminis16 trator of the Maritime Administration. 

17 ‘‘(d) DUTIES.—The Secretary shall— 

18 ‘‘(1) allocate, on an annual basis, the award of 

19 loans under the program based on the needs of stu20 dents; 

21 ‘‘(2) develop an application process and eligi22 bility criteria for the award of loans under the pro23 gram; 

24 ‘‘(3) approve applications for loans under the 

25 program based on the eligibility criteria and alloca26 tions made under paragraph (1); and 


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1 ‘‘(4) designate maritime training institutions at 

2 which loans made under the program may be used. 

3 ‘‘(e) DESIGNATION OF MARITIME TRAINING INSTITU4 TIONS.— 

5 ‘‘(1) IN GENERAL.—In designating maritime 

6 training institutions under subsection (d)(4), the 

7 Secretary— 

8 ‘‘(A) may include Federal, State, and com9 mercial training institutions and nonprofit 

10 training organizations, except that under11 graduate students at the United States Mer12 chant Marine Academy shall not be eligible for 

13 loans under the program; 

14 ‘‘(B) shall designate institutions based on 

15 geographic diversity and scope of classes of16 fered; 

17 ‘‘(C) shall ensure that designated institu18 tions have the ability to administer the pro19 gram; and 

20 ‘‘(D) shall ensure that designated institu21 tions meet requirements to provide training in22 struction for appropriate Coast Guard-approved 

23 training instruction. 

24 ‘‘(2) EXCLUSIONS.—The Secretary— 


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1 ‘‘(A) may exclude from participation in the 

2 program a maritime training institution that 

3 has had severe performance deficiencies, includ4 ing deficiencies demonstrated by audits or pro5 gram reviews conducted during the 5 calendar 

6 years immediately preceding the present year; 

7 ‘‘(B) shall exclude from participation in 

8 the program a maritime training institution 

9 that has delinquent or outstanding debts to the 

10 United States, unless such debts are being re11 paid under or in accordance with a repayment 

12 arrangement satisfactory to the United States, 

13 or the Secretary in the Secretary’s discretion 

14 determines that the existence or amount of any 

15 such debts has not been finally determined by 

16 the appropriate Federal agency; 

17 ‘‘(C) may exclude from participation in the 

18 program a maritime training institution that 

19 has failed to comply with quality standards es20 tablished by the Department of Labor, the 

21 Coast Guard, or a State; and 

22 ‘‘(D) may establish such other criteria as 

23 the Secretary determines will protect the finan24 cial interest of the United States and promote 

25 the purposes of this section. 


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1 ‘‘(f) STATE MARITIME ACADEMIES.— 

2 ‘‘(1) USE OF FUNDS FOR LOANS TO STUDENTS

3 ATTENDING STATE MARITIME ACADEMIES.—The 

4 Secretary may obligate not more than 50 percent of 

5 the amounts appropriated to carry out this section 

6 for a fiscal year for loans to undergraduate students 

7 attending State maritime academies receiving assist8 ance under chapter 515 of this title. 

9 ‘‘(2) ACADEMIC STANDARDS FOR STUDENTS.— 

10 Students at State maritime academies receiving 

11 loans under the program shall maintain satisfactory 

12 progress toward the completion of their course of 

13 study as evidenced by the maintenance of a cumu14 lative C average, or its equivalent, or academic 

15 standing consistent with the requirements for grad16 uation, as determined by the institution. 

17 ‘‘(g) LOAN AMOUNTS AND USE.— 

18 ‘‘(1) MAXIMUM AMOUNTS.—The Secretary may 

19 not make loans to a student under the program in 

20 an amount that exceeds $15,000 in a calendar year 

21 or $60,000 in the aggregate. 

22 ‘‘(2) USE OF LOAN PROCEEDS.—A student who 

23 receives a loan under the program may use the pro24 ceeds of the loan only for postsecondary expenses in25 curred at an institution designated by the Secretary 


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1 under subsection (d)(4) for books, tuition, required 

2 fees, travel to and from training facilities, and room 

3 and board. 

4 ‘‘(h) STUDENT ELIGIBILITY.—To be eligible to re5 ceive a loan under the program, a student shall— 

6 ‘‘(1) be eligible to hold a license or merchant 

7 mariner document issued by the Coast Guard; 

8 ‘‘(2) provide to the Secretary such information 

9 as the Secretary may require, including all current 

10 Coast Guard documents, certifications, proof of 

11 United States citizenship or permanent legal status, 

12 and a statement of intent to enter a maritime ca13 reer; 

14 ‘‘(3) meet the enrollment requirements of a 

15 maritime training institution designated by the Sec16 retary under subsection (d)(4); and 

17 ‘‘(4) sign an agreement to— 

18 ‘‘(A) complete a course of instruction at 

19 such a maritime training institution; and 

20 ‘‘(B)(i) maintain a license and serve as an 

21 officer in the merchant marine on a docu22 mented vessel or a vessel owned and operated 

23 by the United States for at least 18 months of 

24 service at sea following the date of graduation 


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1 from the maritime program for which the loan 

2 proceeds will be used; or 

3 ‘‘(ii) serve as an unlicensed merchant mar4 iner on a documented vessel or a vessel owned 

5 and operated by the United States for at least 

6 18 months of service at sea following the date 

7 of graduation from the maritime program for 

8 which the loan proceeds will be used. 

9 ‘‘(i) ADMINISTRATION OF LOANS.— 

10 ‘‘(1) CONTENTS OF LOAN AGREEMENTS.—Any 

11 agreement between the Secretary and a student bor12 rower for a loan under the program shall— 

13 ‘‘(A) be evidenced by a note or other writ14 ten instrument that provides for the repayment 

15 of the principal amount of the loan and any 

16 origination fee, together with interest thereon, 

17 in equal installments (or, if the student bor18 rower so requests, in graduated periodic install19 ments determined in accordance with such 

20 schedules as may be approved by the Secretary) 

21 payable quarterly, bimonthly, or monthly, at the 

22 option of the student borrower, over a period 

23 beginning 9 months from the date on which the 

24 student borrower completes study or discon25 tinues attendance at the maritime program for 


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1 which the loans are used at the institution ap2 proved by the Secretary and not exceeding 10 

3 years; 

4 ‘‘(B) include provision for acceleration of 

5 repayment of the whole, or any part, of such 

6 loan, at the option of the student borrower; 

7 ‘‘(C) provide the loan without security and 

8 without endorsement; 

9 ‘‘(D) provide that the liability to repay the 

10 loan shall be canceled upon the death of the 

11 student borrower, or if the student borrower be12 comes permanently and totally disabled, as de13 termined in accordance with regulations to be 

14 issued by the Secretary; 

15 ‘‘(E) contain a notice of the system of dis16 closure of information concerning default on 

17 such loan to credit bureau organizations; and 

18 ‘‘(F) include provisions for deferral of re19 payment, as determined by the Secretary. 

20 ‘‘(2) RATE OF INTEREST.—A student borrower 

21 who receives a loan under the program on or after 

22 January 1, 2010, and before October 1, 2015, shall 

23 be obligated to repay the loan amount to the Sec24 retary, together with interest beginning in the period 


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1 referred to in paragraph (1)(A), at a rate to be de2 termined as follows: 

3 ‘‘(A) For a loan for which the first dis4 bursement is made on or after January 1, 

5 2010, and before October 1, 2011, 5.6 percent 

6 on the unpaid principal balance of the loan. 

7 ‘‘(B) For a loan for which the first dis8 bursement is made on or after October 1, 2011, 

9 and before October 1, 2012, 4.5 percent on the 

10 unpaid principal balance of the loan. 

11 ‘‘(C) For a loan for which the first dis12 bursement is made on or after October 1, 2012, 

13 3.4 percent on the unpaid principal balance of 

14 the loan. 

15 ‘‘(3) DISCLOSURE REQUIRED PRIOR TO DIS16 BURSEMENT.— 

17 ‘‘(A) IN GENERAL.—The Secretary shall at 

18 or prior to the time the Secretary makes a loan 

19 to a student borrower under the program, pro20 vide thorough and adequate loan information on 

21 such loan to the student borrower. The disclo22 sures required by this paragraph may be made 

23 as part of the written application material pro24 vided to the student borrower, as part of the 

25 promissory note evidencing the loan, or on a 


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1 separate written form provided to the student 

2 borrower. 

3 ‘‘(B) CONTENTS.—The disclosures shall 

4 include— 

5 ‘‘(i) the address to which communica6 tions and payments should be sent; 

7 ‘‘(ii) the principal amount of the loan; 

8 ‘‘(iii) the amount of any charges col9 lected at or prior to the disbursal of the 

10 loan and whether such charges are to be 

11 deducted from the proceeds of the loan or 

12 paid separately by the student borrower; 

13 ‘‘(iv) the stated interest rate on the 

14 loan; 

15 ‘‘(v) the yearly and cumulative max16 imum amounts that may be borrowed; 

17 ‘‘(vi) an explanation of when repay18 ment of the loan will be required and when 

19 the student borrower will be obligated to 

20 pay interest that accrues on the loan; 

21 ‘‘(vii) a statement as to the minimum 

22 and maximum repayment term that the 

23 Secretary may impose, and the minimum 

24 monthly payment required by law and a 

25 description of any penalty imposed as a 


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1 consequence of default, such as liability for 

2 expenses reasonably incurred in attempts 

3 by the Secretary to collect on a loan; 

4 ‘‘(viii) a statement of the total cumu5 lative balance, including the loan applied 

6 for, owed by the student borrower to the 

7 Secretary, and an estimate of the projected 

8 monthly payment, given such cumulative 

9 balance; 

10 ‘‘(ix) an explanation of any special op11 tions the student borrower may have for 

12 loan consolidation or other refinancing of 

13 the loan; 

14 ‘‘(x) a statement that the student bor15 rower has the right to prepay all or part 

16 of the loan, at any time, without penalty; 

17 ‘‘(xi) a statement summarizing cir18 cumstances in which repayment of the loan 

19 or interest that accrues on the loan may be 

20 deferred, and a brief notice of the program 

21 for repayment of loans, on the basis of 

22 military service, pursuant to the Depart23 ment of Defense educational loan repay24 ment program (10 U.S.C. 16302); 


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1 ‘‘(xii) a definition of default and the 

2 consequences to the student borrower if 

3 the student borrower defaults, together 

4 with a statement that the disbursement of, 

5 and the default on, a loan under this part 

6 shall be reported to a credit bureau or 

7 credit reporting agency; 

8 ‘‘(xiii) to the extent practicable, the 

9 effect of accepting the loan on the eligi10 bility of the student borrower for other 

11 forms of student assistance; and 

12 ‘‘(xiv) an explanation of any cost the 

13 student borrower may incur in the making 

14 or collection of the loan. 

15 ‘‘(C) INFORMATION TO BE PROVIDED

16 WITHOUT COST.—The information provided 

17 under this paragraph shall be available to the 

18 Secretary without cost to the student borrower. 

19 ‘‘(4) REPAYMENT AFTER DEFAULT.—The Sec20 retary may require any student borrower who has 

21 defaulted on a loan made under the program to— 

22 ‘‘(A) pay all reasonable collection costs as23 sociated with such loan; and 

24 ‘‘(B) repay the loan pursuant to an income 

25 contingent repayment plan. 


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1 ‘‘(5) AUTHORIZATION TO REDUCE RATES AND

2 FEES.—Notwithstanding any other provision of this 

3 section, the Secretary may prescribe by regulation 

4 any reductions in the interest rate or origination fee 

5 paid by a student borrower of a loan made under the 

6 program as the Secretary determines appropriate to 

7 encourage ontime repayment of the loan. Such re8 ductions may be offered only if the Secretary deter9 mines the reductions are cost neutral and in the best 

10 financial interest of the United States. 

11 ‘‘(6) COLLECTION OF REPAYMENTS.—The Sec12 retary shall collect repayments made under the pro13 gram and exercise due diligence in such collection, 

14 including maintenance of all necessary records to en15 sure that maximum repayments are made. Collection 

16 and servicing of repayments under the program shall 

17 be pursued to the full extent of the law, including 

18 wage garnishment if necessary. The Secretary of the 

19 Department in which the Coast Guard is operating 

20 shall provide the Secretary of Transportation with 

21 any information regarding a mariner that may aid 

22 in the collection of repayments under this section. 

23 ‘‘(7) REPAYMENT SCHEDULE.—A student bor24 rower who receives a loan under the program shall 

25 repay the loan quarterly, bimonthly, or monthly, at 


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1 the option of the student borrower, over a period be2 ginning 9 months from the date the student bor3 rower completes study or discontinues attendance at 

4 the maritime program for which the loan proceeds 

5 are used and ending not more than 10 years after 

6 the date repayment begins. Provisions for deferral of 

7 repayment shall be determined by the Secretary. 

8 ‘‘(8) CONTRACTS FOR SERVICING AND COLLEC9 TION OF LOANS.—The Secretary may— 

10 ‘‘(A) enter into a contract or other ar11 rangement with State or nonprofit agencies 

12 and, on a competitive basis, with collection 

13 agencies for servicing and collection of loans 

14 under this section; and 

15 ‘‘(B) conduct litigation necessary to carry 

16 out this section. 

17 ‘‘(j) REVOLVING LOAN FUND.— 

18 ‘‘(1) ESTABLISHMENT.—The Secretary shall es19 tablish a revolving loan fund consisting of amounts 

20 deposited in the fund under paragraph (2). 

21 ‘‘(2) DEPOSITS.—The Secretary shall deposit in 

22 the fund— 

23 ‘‘(A) receipts from the payment of prin24 cipal and interest on loans made under the pro25 gram; and 


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1 ‘‘(B) any other monies paid to the Sec2 retary by or on behalf of individuals under the 

3 program. 

4 ‘‘(3) AVAILABILITY OF AMOUNTS.—Amounts in 

5 the fund shall be available to the Secretary, without 

6 further appropriation— 

7 ‘‘(A) to cover the administrative costs of 

8 the program, including the maintenance of 

9 records and making collections under this sec10 tion; and 

11 ‘‘(B) to the extent that amounts remain 

12 available after paying such administrative costs, 

13 to make loans under the program. 

14 ‘‘(4) MAINTENANCE OF RECORDS.—The Sec15 retary shall maintain accurate records of the admin16 istrative costs referred to in paragraph (3)(A). 

17 ‘‘(k) ANNUAL REPORT.—The Secretary, on an an18 nual basis, shall submit to the Committee on Transpor19 tation and Infrastructure of the House of Representatives 

20 and the Committee on Commerce, Science, and Transpor21 tation of the Senate a report on the program, including— 

22 ‘‘(1) the total amount of loans made under the 

23 program in the preceding year; 

24 ‘‘(2) the number of students receiving loans 

25 under the program in the preceding year; and 


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1 ‘‘(3) the total amount of loans made under pro2 gram that are in default as of the date of the report. 

3 ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated for each of fiscal years 

5 2010 through 2015— 

6 ‘‘(1) $10,000,000 for making loans under the 

7 program; and 

8 ‘‘(2) $1,000,000 for administrative expenses of 

9 the Secretary in carrying out the program. 

10 ‘‘§ 51706. Maritime recruitment, training, and reten11 tion grant program 

12 ‘‘(a) STRATEGIC PLAN.— 

13 ‘‘(1) IN GENERAL.—Not later than one year 

14 after the date of enactment of this section, and at 

15 least once every 3 years thereafter, the Secretary of 

16 Transportation, acting through the Administrator of 

17 the Maritime Administration, shall publish in the 

18 Federal Register a plan that describes the dem19 onstration, research, and multistate project priorities 

20 of the Department of Transportation concerning 

21 merchant mariner recruitment, training, and reten22 tion for the 3-year period following the date of publi23 cation of the plan. 

24 ‘‘(2) CONTENTS.—A plan published under para25 graph (1) shall contain strategies and identify potenVerDate Nov 24 2008 00:19 Nov 03, 2009 Jkt 089200 PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 E:\BILLS\H3619.PCS H3619

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1 tial projects to address merchant mariner recruit2 ment, training, and retention issues in the United 

3 States. 

4 ‘‘(3) FACTORS.—In developing a plan under 

5 paragraph (1), the Secretary shall take into account, 

6 at a minimum— 

7 ‘‘(A) the availability of existing research 

8 (as of the date of publication of the plan); 

9 ‘‘(B) the need to ensure results that have 

10 broad applicability; 

11 ‘‘(C) the benefits of economies of scale and 

12 the efficiency of potential projects; and 

13 ‘‘(D) the likelihood that the results of po14 tential projects will be useful to policymakers 

15 and stakeholders in addressing merchant mar16 iner recruitment, training, and retention issues. 

17 ‘‘(4) CONSULTATION.—In developing a plan 

18 under paragraph (1), the Secretary shall consult 

19 with representatives of the maritime industry, labor 

20 organizations, and other governmental entities and 

21 parties with an interest in the maritime industry. 

22 ‘‘(5) TRANSMITTAL TO CONGRESS.—The Sec23 retary shall transmit copies of a plan published 

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1 atives and the Committee on Commerce, Science, 

2 and Transportation of the Senate. 

3 ‘‘(b) DEMONSTRATION PROJECTS.— 

4 ‘‘(1) IN GENERAL.—The Secretary may award 

5 grants to a maritime training institution to carry 

6 out demonstration projects that implement the prior7 ities identified in the plan prepared under subsection 

8 (a)(1), for the purpose of developing and imple9 menting methods to address merchant mariner re10 cruitment, training, and retention issues. 

11 ‘‘(2) GRANT AWARDS.—Grants shall be awarded 

12 under this subsection on a competitive basis under 

13 guidelines and requirements to be established by the 

14 Secretary. 

15 ‘‘(3) APPLICATIONS.—To be eligible to receive a 

16 grant for a project under this subsection, a maritime 

17 training institution shall submit to the Secretary a 

18 grant proposal that includes, at a minimum— 

19 ‘‘(A) information demonstrating the esti20 mated effectiveness of the project; and 

21 ‘‘(B) a method for evaluating the effective22 ness of the project. 

23 ‘‘(4) ELIGIBLE PROJECTS.—Projects eligible for 

24 grants under this subsection may include— 


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1 ‘‘(A) the establishment of maritime tech2 nology skill centers developed through local 

3 partnerships of industry, labor, education, com4 munity-based organizations, economic develop5 ment organizations, or Federal, State, and local 

6 government agencies to meet unmet skills needs 

7 of the maritime industry; 

8 ‘‘(B) projects that provide training to up9 grade the skills of workers who are employed in 

10 the maritime industry; 

11 ‘‘(C) projects that promote the use of dis12 tance learning, enabling students to take 

13 courses through the use of media technology, 

14 such as videos, teleconferencing, and the Inter15 net; 

16 ‘‘(D) projects that assist in providing serv17 ices to address maritime recruitment and train18 ing of youth residing in targeted high poverty 

19 areas within empowerment zones and enterprise 

20 communities; 

21 ‘‘(E) the establishment of partnerships 

22 with national and regional organizations with 

23 special expertise in developing, organizing, and 

24 administering merchant mariner recruitment 

25 and training services; and 


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1 ‘‘(F) the establishment of maritime train2 ing programs that foster technical skills and 

3 operational productivity in communities in 

4 which economies are related to or dependent 

5 upon the maritime industry. 

6 ‘‘(c) PROJECTS AUTHORIZED.— 

7 ‘‘(1) PROJECTS.—The Secretary may award 

8 grants to carry out projects identified in a plan pub9 lished under subsection (a)(1) under which the 

10 project sponsor will— 

11 ‘‘(A) design, develop, and test an array of 

12 approaches to providing recruitment, training, 

13 or retention services to one or more targeted 

14 populations; 

15 ‘‘(B) in conjunction with employers, orga16 nized labor, other groups (such as community 

17 coalitions), and Federal, State, or local agen18 cies, design, develop, and test various training 

19 approaches in order to determine effective prac20 tices; or 

21 ‘‘(C) assist in the development and replica22 tion of effective service delivery strategies for 

23 the national maritime industry as a whole. 

24 ‘‘(2) RESEARCH PROJECTS.—The Secretary 

25 may award grants to carry out research projects 


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1 identified in a plan published under subsection 

2 (a)(1) that will contribute to the solution of mari3 time industry recruitment, training, and retention 

4 issues in the United States. 

5 ‘‘(3) MULTISTATE OR REGIONAL PROJECTS.— 

6 The Secretary may award grants to carry out 

7 multistate or regional projects identified in a plan 

8 published under subsection (a)(1) to effectively dis9 seminate best practices and models for implementing 

10 maritime recruitment, training, and retention serv11 ices designed to address industry-wide skill short12 ages. 

13 ‘‘(4) GRANT AWARDS.—Grants shall be awarded 

14 under this subsection on a competitive basis under 

15 guidelines and requirements to be established by the 

16 Secretary. 

17 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated for each of fiscal years 

19 2010 through 2015— 

20 ‘‘(1) $10,000,000 for making grants under this 

21 section; and 

22 ‘‘(2) $1,000,000 for administrative expenses of 

23 the Secretary in carrying out this section.’’. 


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1 (b) CONFORMING AMENDMENT.—The analysis for 

2 such chapter is amended by adding at the end the fol3 lowing: 

‘‘Sec. 51705. Maritime career training loan program. 

‘‘Sec. 51706. Maritime recruitment, training, and retention grant program.’’. 

4 TITLE VII—COAST GUARD 

5 MODERNIZATION 

6 SEC. 701. SHORT TITLE. 

7 This title may be cited as the ‘‘Coast Guard Mod8 ernization Act of 2009’’. 

9 Subtitle A—Coast Guard 

10 Leadership 

11 SEC. 711. ADMIRALS AND VICE ADMIRALS. 

12 (a) ADMIRALS.—Section 41 of title 14, United States 

13 Code, is amended by striking ‘‘an admiral,’’ and inserting 

14 ‘‘admirals;’’. 

15 (b) VICE COMMANDANT.—Section 47 of title 14, 

16 United States Code, is amended— 

17 (1) in the section heading by striking ‘‘assign18 ment’’ and inserting ‘‘appointment’’; and 

19 (2) in the text by striking ‘‘vice admiral’’ and 

20 inserting ‘‘admiral’’. 

21 (c) VICE ADMIRALS.— 

22 (1) IN GENERAL.—Section 50 of title 14, 

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


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1 ‘‘§ 50. Vice admirals 

2 ‘‘(a)(1) The President may designate 4 positions of 

3 importance and responsibility that shall be held by officers 

4 who— 

5 ‘‘(A) while so serving, shall have the grade of 

6 vice admiral, with the pay and allowances of that 

7 grade; and 

8 ‘‘(B) shall perform any duties as the Com9 mandant may prescribe. 

10 ‘‘(2) The 4 vice admiral positions authorized under 

11 paragraph (1) are, respectively, the following: 

12 ‘‘(A) The Deputy Commandant for Mission 

13 Support. 

14 ‘‘(B) The Deputy Commandant for Operations 

15 Policy. 

16 ‘‘(C) The Commander, Force Readiness Com17 mand. 

18 ‘‘(D) The Commander, Operations Command. 

19 ‘‘(3) The President may appoint, by and with the ad20 vice and consent of the Senate, and reappoint, by and with 

21 the advice and consent of the Senate, to each of the posi22 tions designated under paragraph (1) an officer of the 

23 Coast Guard who is serving on active duty above the grade 

24 of captain. The Commandant shall make recommendations 

25 for those appointments. 


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1 ‘‘(4)(A) Except as provided in subparagraph (B), the 

2 Deputy Commandant for Operations Policy must have at 

3 least 10 years experience in vessel inspection, marine cas4 ualty investigations, mariner licensing, or an equivalent 

5 technical expertise in the design and construction of com6 mercial vessels, with at least 4 years of leadership experi7 ence at a staff or unit carrying out marine safety func8 tions. 

9 ‘‘(B) The requirements of subparagraph (A) do not 

10 apply to such Deputy Commandant if the subordinate offi11 cer serving in the grade of rear admiral with responsibil12 ities for marine safety, security, and stewardship possesses 

13 that experience. 

14 ‘‘(b)(1) The appointment and the grade of vice admi15 ral under this section shall be effective on the date the 

16 officer assumes that duty and, except as provided in para17 graph (2) of this subsection or in section 51(d) of this 

18 title, shall terminate on the date the officer is detached 

19 from that duty. 

20 ‘‘(2) An officer who is appointed to a position des21 ignated under subsection (a) shall continue to hold the 

22 grade of vice admiral— 

23 ‘‘(A) while under orders transferring the officer 

24 to another position designated under subsection (a), 

25 beginning on the date the officer is detached from 


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1 duty and terminating on the date before the day the 

2 officer assumes the subsequent duty, but not for 

3 more than 60 days; 

4 ‘‘(B) while hospitalized, beginning on the day of 

5 the hospitalization and ending on the day the officer 

6 is discharged from the hospital, but not for more 

7 than 180 days; and 

8 ‘‘(C) while awaiting retirement, beginning on 

9 the date the officer is detached from duty and end10 ing on the day before the officer’s retirement, but 

11 not for more than 60 days. 

12 ‘‘(c)(1) An appointment of an officer under sub13 section (a) does not vacate the permanent grade held by 

14 the officer. 

15 ‘‘(2) An officer serving in a grade above rear admiral 

16 who holds the permanent grade of rear admiral (lower 

17 half) shall be considered for promotion to the permanent 

18 grade of rear admiral as if the officer was serving in the 

19 officer’s permanent grade. 

20 ‘‘(d) Whenever a vacancy occurs in a position des21 ignated under subsection (a), the Commandant shall in22 form the President of the qualifications needed by an offi23 cer serving in that position to carry out effectively the du24 ties and responsibilities of that position.’’. 


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1 (2) APPLICATION OF DEPUTY COMMANDANT

2 QUALIFICATION REQUIREMENT.—The requirement 

3 under section 50(a)(4)(A) of title 14, United States 

4 Code, as amended by this subsection, shall apply on 

5 and after October 1, 2011. 

6 (d) REPEAL.—Section 50a of title 14, United States 

7 Code, is repealed. 

8 (e) CONFORMING AMENDMENT.—Section 51 of that 

9 title is amended— 

10 (1) by amending subsections (a), (b), and (c) to 

11 read as follows: 

12 ‘‘(a) An officer, other than the Commandant, who, 

13 while serving in the grade of admiral or vice admiral, is 

14 retired for physical disability shall be placed on the retired 

15 list with the highest grade in which that officer served. 

16 ‘‘(b) An officer, other than the Commandant, who is 

17 retired while serving in the grade of admiral or vice admi18 ral, or who, after serving at least two and one-half years 

19 in the grade of admiral or vice admiral, is retired while 

20 serving in a lower grade, may in the discretion of the 

21 President, be retired with the highest grade in which that 

22 officer served. 

23 ‘‘(c) An officer, other than the Commandant, who, 

24 after serving less than two and one-half years in the grade 


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1 of admiral or vice admiral, is retired while serving in a 

2 lower grade, shall be retired in his permanent grade.’’; and 

3 (2) in subsection (d)(2) by striking ‘‘Area Com4 mander, or Chief of Staff’’ and inserting ‘‘or Vice 

5 Admirals’’. 

6 (f) CONTINUITY OF GRADE.—Section 52 of title 14, 

7 United States Code, is amended— 

8 (1) in the section heading by inserting ‘‘and 

9 admirals’’ after ‘‘Vice admirals’’; and 

10 (2) in the text by inserting ‘‘or admiral’’ after 

11 ‘‘vice admiral’’ the first time that term appears. 

12 (g) CONTINUATION ON ACTIVE DUTY.—The second 

13 sentence of section 290(a) of title 14, United States Code, 

14 is amended to read as follows: ‘‘Officers, other than the 

15 Commandant, serving for the time being or who have 

16 served in the grade of vice admiral or admiral are not sub17 ject to consideration for continuation under this sub18 section, and as to all other provisions of this section shall 

19 be considered as having been continued in the grade of 

20 rear admiral.’’. 

21 (h) TREATMENT OF INCUMBENTS; TRANSITION.— 

22 (1) VICE COMMANDANT.—Notwithstanding any 

23 other provision of law, the officer who, on the date 

24 of enactment of this Act, is serving in the Coast 

25 Guard as Vice Commandant— 


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1 (A) shall continue to serve as Vice Com2 mandant; 

3 (B) shall have the grade of admiral with 

4 pay and allowances of that grade; and 

5 (C) shall not be required to be reappointed 

6 by reason of the enactment of this Act. 

7 (2) CHIEF OF STAFF, COMMANDER, ATLANTIC

8 AREA, OR COMMANDER, PACIFIC AREA.—Notwith9 standing any other provision of law, an officer who, 

10 on the date of enactment of this Act, is serving in 

11 the Coast Guard as Chief of Staff, Commander, At12 lantic Area, or Commander, Pacific Area— 

13 (A) shall continue to have the grade of vice 

14 admiral with pay and allowance of that grade 

15 until such time that the officer is relieved of his 

16 or her duties and appointed and confirmed to 

17 another position as a vice admiral or admiral; 

18 and 

19 (B) for the purposes of transition, may 

20 continue, for not more than one year after the 

21 date of enactment of this Act, to perform the 

22 duties of the officer’s former position and any 

23 other such duties that the Commandant pre24 scribes. 

25 (i) CLERICAL AMENDMENTS.— 


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1 (1) The table of sections at the beginning of 

2 chapter 3 of title 14, United States Code, is amend3 ed— 

4 (A) by striking the item relating to section 

5 47 and inserting the following: 

‘‘47. Vice Commandant; appointment.’’; 

6 (B) by striking the item relating to section 

7 50 and inserting the following: 

‘‘50. Vice admirals.’’; 

8 (C) by striking the item relating to section 

9 50a; and 

10 (D) by striking the item relating to section 

11 52 and inserting the following: 

‘‘52. Vice admirals and admirals, continuity of grade.’’. 

12 (j) TECHNICAL CORRECTION.—Section 47 of title 14, 

13 United States Code, is further amended in the fifth sen14 tence by striking ‘‘subsection’’ and inserting ‘‘section’’. 

15 Subtitle B—Marine Safety 

16 Administration 

17 SEC. 721. MARINE SAFETY. 

18 (a) ESTABLISH MARINE SAFETY AS A COAST GUARD

19 FUNCTION.—Chapter 5 of title 14, United States Code, 

20 is further amended by adding at the end the following new 

21 section: 


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1 ‘‘§ 101. Marine safety 

2 ‘‘To protect life, property, and the environment on, 

3 under, and over waters subject to the jurisdiction of the 

4 United States and on vessels subject to the jurisdiction 

5 of the United States, the Commandant shall promote mar6 itime safety as follows: 

7 ‘‘(1) By taking actions necessary and in the 

8 public interest to protect such life, property, and the 

9 environment. 

10 ‘‘(2) Based on the following priorities: 

11 ‘‘(A) Preventing marine casualties and 

12 threats to the environment. 

13 ‘‘(B) Minimizing the impacts of marine 

14 casualties and environmental threats. 

15 ‘‘(C) Maximizing lives and property saved 

16 and environment protected in the event of a 

17 marine casualty.’’. 

18 (b) CLERICAL AMENDMENT.—The analysis at the be19 ginning of such chapter is further amended by adding at 

20 the end the following new item: 

‘‘101. Marine safety.’’. 

21 SEC. 722. MARINE SAFETY STAFF. 

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

23 States Code, is further amended by adding at the end the 

24 following new sections: 


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1 ‘‘§ 57. Marine safety workforce 

2 ‘‘(a) DESIGNATION OF MARINE SAFETY WORK3 FORCE.— 

4 ‘‘(1) IN GENERAL.—The Secretary, acting 

5 through the Commandant, shall designate those po6 sitions in the Coast Guard that constitute the ma7 rine safety workforce. 

8 ‘‘(2) REQUIRED POSITIONS.—In designating po9 sitions under paragraph (1), the Secretary shall in10 clude, at a minimum, the following marine safety-re11 lated positions: 

12 ‘‘(A) Program oversight. 

13 ‘‘(B) Vessel and facility inspection. 

14 ‘‘(C) Casualty investigation. 

15 ‘‘(D) Pollution investigation. 

16 ‘‘(E) Merchant Mariner licensing, docu17 mentation, and registry. 

18 ‘‘(F) Marine safety engineering or other 

19 technical activities. 

20 ‘‘(3) MARINE SAFETY MANAGEMENT HEAD21 QUARTER ACTIVITIES.—The Secretary shall also des22 ignate under paragraph (1) those marine safety-re23 lated positions located at Coast Guard headquarters 

24 units, including the Marine Safety Center and the 

25 National Maritime Center. 


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1 ‘‘(b) CAREER PATHS.—The Secretary, acting 

2 through the Commandant, shall ensure that appropriate 

3 career paths for civilian and military Coast Guard per4 sonnel who wish to pursue careers in marine safety are 

5 identified in terms of the education, training, experience, 

6 and assignments necessary for career progression of civil7 ians and members of the Armed Forces to the most senior 

8 marine safety positions. The Secretary shall make avail9 able published information on such career paths. 

10 ‘‘(c) QUALIFICATIONS.—With regard to the marine 

11 safety workforce, an officer, member, or civilian employee 

12 of the Coast Guard assigned as a— 

13 ‘‘(1) marine inspector shall have the training, 

14 experience, and qualifications equivalent to that re15 quired for a similar position at a classification soci16 ety recognized by the Secretary under section 3316 

17 of title 46 for the type of vessel, system, or equip18 ment that is inspected; 

19 ‘‘(2) marine casualty investigator shall have 

20 training, experience, and qualifications in investiga21 tion, marine casualty reconstruction, evidence collec22 tion and preservation, human factors, and docu23 mentation using best investigation practices by Fed24 eral and non-Federal entities; or 


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1 ‘‘(3) marine safety engineer shall have knowl2 edge, skill, and practical experience in— 

3 ‘‘(A) the construction and operation of 

4 commercial vessels; 

5 ‘‘(B) judging the character, strength, sta6 bility, and safety qualities of such vessels and 

7 their equipment; or 

8 ‘‘(C) the qualifications and training of ves9 sel personnel. 

10 ‘‘(d) APPRENTICESHIP REQUIREMENT.—Any officer, 

11 member, or employee of the Coast Guard in training to 

12 become a marine inspector, marine casualty investigator, 

13 or a marine safety engineer shall serve a minimum of one14 year apprenticeship, unless otherwise directed by the Com15 mandant, under the guidance of a qualified marine inspec16 tor, marine casualty investigator, or marine safety engi17 neer. The Commandant may authorize shorter apprentice18 ship periods for certain qualifications, as appropriate. 

19 ‘‘(e) BALANCED WORKFORCE POLICY.—In the devel20 opment of marine safety workforce policies under this sec21 tion with respect to any civilian employees or applicants 

22 for employment with the Coast Guard, the Secretary shall, 

23 consistent with the merit system principles set out in para24 graphs (1) and (2) of section 2301(b) of title 5, take into 

25 consideration the need to maintain a balanced workforce 


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1 in which women and members of racial and ethnic minor2 ity groups are appropriately represented in Government 

3 service. 

4 ‘‘(f) MANAGEMENT INFORMATION SYSTEM.—The 

5 Secretary, acting through the Commandant, shall estab6 lish a management information system for the marine 

7 safety workforce that shall provide, at a minimum, the fol8 lowing standardized information on persons serving in ma9 rine safety positions: 

10 ‘‘(1) Qualifications, assignment history, and 

11 tenure in assignments of persons in the marine safe12 ty workforce. 

13 ‘‘(2) Promotion rates for military and civilian 

14 personnel in the marine safety workforce. 

15 ‘‘(g) ASSESSMENT OF ADEQUACY OF MARINE SAFE16 TY WORKFORCE.— 

17 ‘‘(1) REPORT.—The Secretary, acting through 

18 the Commandant, shall report to the Committee on 

19 Transportation and Infrastructure of the House of 

20 Representatives and the Committee on Commerce, 

21 Science, and Transportation of the Senate by De22 cember 1 of each year on the adequacy of the cur23 rent marine safety workforce to meet that antici24 pated workload. 


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1 ‘‘(2) CONTENTS.—The report shall specify the 

2 number of civilian and military Coast Guard per3 sonnel currently assigned to marine safety positions 

4 and shall identify positions that are understaffed to 

5 meet the anticipated marine safety workload. 

6 ‘‘(h) SECTOR CHIEF OF MARINE SAFETY.— 

7 ‘‘(1) IN GENERAL.—There shall be in each 

8 Coast Guard sector a Chief of Marine Safety who 

9 shall be at least a Lieutenant Commander or civilian 

10 employee within the grade GS–13 of the General 

11 Schedule, and who shall be a— 

12 ‘‘(A) marine inspector, qualified to inspect 

13 vessels, vessel systems, and equipment com14 monly found in the sector; and 

15 ‘‘(B) qualified marine casualty investigator 

16 or marine safety engineer. 

17 ‘‘(2) FUNCTIONS.—The Chief of Marine Safety 

18 for a sector— 

19 ‘‘(A) is responsible for all individuals who, 

20 on behalf of the Coast Guard, inspect or exam21 ine vessels, conduct marine casualty investiga22 tions; and 

23 ‘‘(B) if not the Coast Guard officer in 

24 command of that sector, is the principal advisor 


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1 to the Sector Commander regarding marine 

2 safety 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 Cen10 ters of Expertise for Marine Safety (in this section re11 ferred to 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 INSTI21 TUTION AUTHORIZED.—The Commandant may enter into 

22 an agreement with an appropriate official of an institution 

23 of higher education to— 

24 ‘‘(1) provide for joint operation of a Center; 

25 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 

5 provided in paragraph (2), the Commandant may accept, 

6 on behalf of a Center, donations to be used to defray the 

7 costs of the Center or to enhance the operation of the Cen8 ter. Those donations may be accepted from any State or 

9 local government, any foreign government, any foundation 

10 or other charitable organization (including any that is or11 ganized or operates under the laws of a foreign country), 

12 or 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 

20 responsibility 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 pol7 icy, establish a program under which an officer, member, 

8 or employee of the Coast Guard may be assigned to a pri9 vate entity to further the institutional interests of the 

10 Coast Guard with regard to marine safety, including for 

11 the purpose of providing training to an officer, member, 

12 or employee. 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 

16 concerning— 

17 ‘‘(A) the duration and termination of as18 signments; 

19 ‘‘(B) reimbursements; and 

20 ‘‘(C) status, entitlements, benefits, and ob21 ligations of program participants; and 

22 ‘‘(2) shall require the Commandant, before ap23 proving the assignment of an officer, member, or 

24 employee of the Coast Guard to a private entity, to 

25 determine that the assignment is an effective use of 


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1 the Coast Guard’s funds, taking into account the 

2 best interests of the Coast Guard and the costs and 

3 benefits of alternative methods of achieving the same 

4 results and objectives. 

5 ‘‘(b) ANNUAL REPORT.—Not later than the date of 

6 the submission each year of the President’s budget request 

7 under section 1105 of title 31, the Commandant shall sub8 mit to the Committee on Transportation and Infrastruc9 ture of the House of Representatives and the Committee 

10 on Commerce, Science, and Transportation of the Senate 

11 a report that describes— 

12 ‘‘(1) the number of officers, members, and em13 ployees of the Coast Guard assigned to private enti14 ties under this section; and 

15 ‘‘(2) the specific benefit that accrues to the 

16 Coast Guard for each assignment.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

18 at the beginning of such chapter is further amended by 

19 adding 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 fol24 lowing new section: 


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1 ‘‘§ 2116. Marine safety strategy, goals, and perform2 ance assessments 

3 ‘‘(a) LONG-TERM STRATEGY AND GOALS.—In con4 junction with existing federally required strategic planning 

5 efforts, the Secretary shall develop a long-term strategy 

6 for improving vessel safety and the safety of individuals 

7 on vessels. The strategy shall include the issuance each 

8 year of an annual plan and schedule for achieving the fol9 lowing goals: 

10 ‘‘(1) Reducing the number and rates of marine 

11 casualties. 

12 ‘‘(2) Improving the consistency and effective13 ness of vessel and operator enforcement and compli14 ance programs. 

15 ‘‘(3) Identifying and targeting enforcement ef16 forts at high-risk vessels and operators. 

17 ‘‘(4) Improving research efforts to enhance and 

18 promote vessel and operator safety and performance. 

19 ‘‘(b) CONTENTS OF STRATEGY AND ANNUAL

20 PLANS.— 

21 ‘‘(1) MEASURABLE GOALS.—The strategy and 

22 annual plans shall include specific numeric or meas23 urable goals designed to achieve the goals set forth 

24 in subsection (a). The purposes of the numeric or 

25 measurable goals are the following: 


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1 ‘‘(A) To increase the number of safety ex2 aminations on all high-risk vessels. 

3 ‘‘(B) To eliminate the backlog of marine 

4 safety-related rulemakings. 

5 ‘‘(C) To improve the quality and effective6 ness of marine safety information databases by 

7 ensuring that all Coast Guard personnel accu8 rately and effectively report all safety, casualty, 

9 and injury information. 

10 ‘‘(D) To provide for a sufficient number of 

11 Coast Guard marine safety personnel, and pro12 vide adequate facilities and equipment to carry 

13 out the functions referred to in section 93(c). 

14 ‘‘(2) RESOURCE NEEDS.—The strategy and an15 nual plans shall include estimates of— 

16 ‘‘(A) the funds and staff resources needed 

17 to accomplish each activity included in the 

18 strategy and plans; and 

19 ‘‘(B) the staff skills and training needed 

20 for timely and effective accomplishment of each 

21 goal. 

22 ‘‘(c) SUBMISSION WITH THE PRESIDENT’S BUDG23 ET.—Beginning with fiscal year 2011 and each fiscal year 

24 thereafter, the Secretary shall submit to Congress the 

25 strategy and annual plan not later than 60 days following 


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1 the transmission of the President’s budget submission 

2 under section 1105 of title 31. 

3 ‘‘(d) ACHIEVEMENT OF GOALS.— 

4 ‘‘(1) PROGRESS ASSESSMENT.—No less fre5 quently than semiannually, the Coast Guard Com6 mandant shall assess the progress of the Coast 

7 Guard toward achieving the goals set forth in sub8 section (b). The Commandant shall convey the Com9 mandant’s assessment to the employees of the ma10 rine safety workforce and shall identify any defi11 ciencies that should be remedied before the next 

12 progress assessment. 

13 ‘‘(2) REPORT TO CONGRESS.—The Secretary 

14 shall report annually to the Committee on Transpor15 tation and Infrastructure of the House of Represent16 atives and the Committee on Commerce, Science, 

17 and Transportation of the Senate— 

18 ‘‘(A) on the performance of the marine 

19 safety program in achieving the goals of the 

20 marine safety strategy and annual plan under 

21 subsection (a) for the year covered by the re22 port; 

23 ‘‘(B) on the program’s mission perform24 ance in achieving numerical measurable goals 

25 established under subsection (b); and 


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1 ‘‘(C) recommendations on how to improve 

2 performance of the program.’’. 

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

4 chapter is amended by adding at the end the following 

5 new item: 

‘‘Sec. 2116. Marine safety strategy, goals, and performance assessments.’’. 

6 (c) CERTIFICATES OF INSPECTION.—Section 3309 of 

7 title 46, United States Code, is amended by adding at the 

8 end the following: 

9 ‘‘(d) A certificate of inspection issued under this sec10 tion shall be signed by the senior Coast Guard member 

11 or civilian employee who inspected the vessel, in addition 

12 to the officer in charge of marine inspection.’’. 

13 SEC. 724. POWERS AND DUTIES. 

14 Section 93 of title 14, United States Code, is amend15 ed by adding at the end the following new subsections: 

16 ‘‘(c) MARINE SAFETY RESPONSIBILITIES.—In exer17 cising the Commandant’s duties and responsibilities with 

18 regard to marine safety, the individual with the highest 

19 rank who meets the experience qualifications set forth in 

20 section 50(a)(4) shall serve as the principal advisor to the 

21 Commandant regarding— 

22 ‘‘(1) the operation, regulation, inspection, iden23 tification, manning, and measurement of vessels, in24 cluding plan approval and the application of load 

25 lines; 


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1 ‘‘(2) approval of materials, equipment, appli2 ances, and associated equipment; 

3 ‘‘(3) the reporting and investigation of marine 

4 casualties and accidents; 

5 ‘‘(4) the licensing, certification, documentation, 

6 protection and relief of merchant seamen; 

7 ‘‘(5) suspension and revocation of licenses and 

8 certificates; 

9 ‘‘(6) enforcement of manning requirements, citi10 zenship requirements, control of log books; 

11 ‘‘(7) documentation and numbering of vessels; 

12 ‘‘(8) State boating safety programs; 

13 ‘‘(9) commercial instruments and maritime 

14 liens; 

15 ‘‘(10) the administration of bridge safety; 

16 ‘‘(11) administration of the navigation rules; 

17 ‘‘(12) the prevention of pollution from vessels; 

18 ‘‘(13) ports and waterways safety; 

19 ‘‘(14) waterways management; including regula20 tion for regattas and marine parades; 

21 ‘‘(15) aids to navigation; and 

22 ‘‘(16) other duties and powers of the Secretary 

23 related to marine safety and stewardship. 

24 ‘‘(d) OTHER AUTHORITY NOT AFFECTED.—Nothing 

25 in 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 

5 of this title and the provisions of law codified at sec6 tions 191 through 195 of title 50 on the date of en7 actment of this paragraph.’’. 

8 SEC. 725. APPEALS AND WAIVERS. 

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

10 States Code, is further amended by inserting at the end 

11 the following new section: 

12 ‘‘§ 102. Appeals and waivers 

13 ‘‘Except for the Commandant of the Coast Guard, 

14 any individual adjudicating an appeal or waiver of a deci15 sion regarding marine safety, including inspection or man16 ning 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 

20 in the appeal and make a judgment regarding the 

21 merits 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 

10 States Code, is further amended by adding at the end the 

11 following 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 

15 provided at the Coast Guard Academy, and during other 

16 officer accession programs, to give Coast Guard cadets 

17 and other officer candidates a background and under18 standing of the marine safety program. These courses may 

19 include such topics as program history, vessel design and 

20 construction, vessel inspection, casualty investigation, and 

21 administrative 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 

5 submit to the Committee on Transportation and Infra6 structure of the House of Representatives and the Com7 mittee on Commerce, Science, and Transportation of the 

8 Senate a report on Coast Guard’s efforts to recruit and 

9 retain civilian marine inspectors and investigators and the 

10 impact of such recruitment and retention efforts on Coast 

11 Guard organizational 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.—Sec18 tion 12113(d)(2) of title 46, United States Code, is 

19 amended— 

20 (1) by inserting ‘‘and’’ after the semicolon at 

21 the end of subparagraph (A)(i); 

22 (2) by striking ‘‘and’’ at the end of subpara23 graph (A)(ii); 

24 (3) by striking subparagraph (A)(iii); 

25 (4) by striking the period at the end of sub26 paragraph (B) and inserting ‘‘; or’’; and 


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1 (5) by inserting at the end the following: 

2 ‘‘(C) the vessel is either a rebuilt vessel or 

3 a replacement vessel under section 208(g) of 

4 the American Fisheries Act (title II of division 

5 C of Public Law 105–277; 112 Stat. 2681– 

6 627) and is eligible for a fishery endorsement 

7 under this section.’’. 

8 (b) CONFORMING AMENDMENTS.— 

9 (1) VESSEL REBUILDING AND REPLACE10 MENT.—Section 208(g) of the American Fisheries 

11 Act (title II of division C of Public Law 105–277; 

12 112 Stat. 2681–627) is amended to read as follows: 

13 ‘‘(g) VESSEL REBUILDING AND REPLACEMENT.— 

14 ‘‘(1) IN GENERAL.— 

15 ‘‘(A) REBUILD OR REPLACE.—Notwith16 standing any limitation to the contrary on re17 placing, rebuilding, or lengthening vessels or 

18 transferring permits or licenses to a replace19 ment vessel contained in sections 679.2 and 

20 679.4 of title 50, Code of Federal Regulations, 

21 as in effect on the date of enactment of the 

22 Maritime Safety Act of 2009 and except as pro23 vided in paragraph (4), the owner of a vessel el24 igible under subsection (a), (b), (c), (d), or (e) 

25 (other than paragraph (21)), in order to imVerDate Nov 24 2008 00:19 Nov 03, 2009 Jkt 089200 PO 00000 Frm 00169 Fmt 6652 Sfmt 6201 E:\BILLS\H3619.PCS H3619

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1 prove vessel safety and operational efficiencies 

2 (including fuel efficiency), may rebuild or re3 place that vessel (including fuel efficiency) with 

4 a vessel documented with a fishery endorsement 

5 under section 12113 of title 46, United States 

6 Code. 

7 ‘‘(B) SAME REQUIREMENTS.—The rebuilt 

8 or replacement vessel shall be eligible in the 

9 same manner and subject to the same restric10 tions and limitations under such subsection as 

11 the vessel being rebuilt or replaced. 

12 ‘‘(C) TRANSFER OF PERMITS AND LI13 CENSES.—Each fishing permit and license held 

14 by the owner of a vessel or vessels to be rebuilt 

15 or replaced under subparagraph (A) shall be 

16 transferred to the rebuilt or replacement vessel. 

17 ‘‘(2) RECOMMENDATIONS OF NORTH PACIFIC

18 FISHERY MANAGEMENT COUNCIL.—The North Pa19 cific Fishery Management Council may recommend 

20 for approval by the Secretary such conservation and 

21 management measures, including size limits and 

22 measures to control fishing capacity, in accordance 

23 with the Magnuson-Stevens Act as it considers nec24 essary to ensure that this subsection does not dimin25 ish the effectiveness of fishery management plans of 


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1 the Bering Sea and Aleutian Islands Management 

2 Area or the Gulf of Alaska. 

3 ‘‘(3) SPECIAL RULE FOR REPLACEMENT OF

4 CERTAIN VESSELS.— 

5 ‘‘(A) IN GENERAL.—Notwithstanding the 

6 requirements of subsections (b)(2), (c)(1), and 

7 (c)(2) of section 12113 of title 46, United 

8 States Code, a vessel that is eligible under sub9 section (a), (b), (c), (d), or (e) (other than 

10 paragraph (21)) and that qualifies to be docu11 mented with a fishery endorsement pursuant to 

12 section 203(g) or 213(g) may be replaced with 

13 a replacement vessel under paragraph (1) if the 

14 vessel that is replaced is validly documented 

15 with a fishery endorsement pursuant to section 

16 203(g) or 213(g) before the replacement vessel 

17 is documented with a fishery endorsement 

18 under section 12113 of title 46, United States 

19 Code. 

20 ‘‘(B) APPLICABILITY.—A replacement ves21 sel under subparagraph (A) and its owner and 

22 mortgagee are subject to the same limitations 

23 under section 203(g) or 213(g) that are appli24 cable to the vessel that has been replaced and 

25 its owner and mortgagee. 


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1 ‘‘(4) SPECIAL RULES FOR CERTAIN CATCHER

2 VESSELS.— 

3 ‘‘(A) IN GENERAL.—A replacement for a 

4 covered vessel described in subparagraph (B) is 

5 prohibited from harvesting fish in any fishery 

6 (except for the Pacific whiting fishery) managed 

7 under the authority of any Regional Fishery 

8 Management Council (other than the North Pa9 cific Fishery Management Council) established 

10 under section 302(a) of the Magnuson-Stevens 

11 Act. 

12 ‘‘(B) COVERED VESSELS.—A covered ves13 sel referred to in subparagraph (A) is— 

14 ‘‘(i) a vessel eligible under subsection 

15 (a), (b), or (c) that is replaced under para16 graph (1); or 

17 ‘‘(ii) a vessel eligible under subsection 

18 (a), (b), or (c) that is rebuilt to increase 

19 its registered length, gross tonnage, or 

20 shaft horsepower. 

21 ‘‘(5) LIMITATION ON FISHERY ENDORSE22 MENTS.—Any vessel that is replaced under this sub23 section shall thereafter not be eligible for a fishery 

24 endorsement under section 12113 of title 46, United 


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1 States Code, unless that vessel is also a replacement 

2 vessel described in paragraph (1). 

3 ‘‘(6) GULF OF ALASKA LIMITATION.—Notwith4 standing paragraph (1), the Secretary shall prohibit 

5 from participation in the groundfish fisheries of the 

6 Gulf of Alaska any vessel that is rebuilt or replaced 

7 under this subsection and that exceeds the maximum 

8 length overall specified on the license that authorizes 

9 fishing for groundfish pursuant to the license limita10 tion program under part 679 of title 50, Code of 

11 Federal Regulations, as in effect on the date of en12 actment of the Maritime Safety Act of 2009. 

13 ‘‘(7) AUTHORITY OF PACIFIC COUNCIL.—Noth14 ing in this section shall be construed to diminish or 

15 otherwise affect the authority of the Pacific Council 

16 to recommend to the Secretary conservation and 

17 management measures to protect fisheries under its 

18 jurisdiction (including the Pacific whiting fishery) 

19 and participants in such fisheries from adverse im20 pacts caused by this Act.’’. 

21 (2) EXEMPTION OF CERTAIN VESSELS.—Sec22 tion 203(g) of the American Fisheries Act (title II 

23 of division C of Public Law 105–277; 112 Stat. 

24 2681–620) is amended— 


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1 (A) by inserting ‘‘and’’ after ‘‘(United 

2 States official number 651041)’’; 

3 (B) by striking ‘‘, NORTHERN TRAV4 ELER (United States official number 635986), 

5 and NORTHERN VOYAGER (United States 

6 official number 637398) (or a replacement ves7 sel for the NORTHERN VOYAGER that com8 plies with paragraphs (2), (5), and (6) of sec9 tion 208(g) of this Act)’’; and 

10 (C) by striking ‘‘, in the case of the 

11 NORTHERN’’ and all that follows through 

12 ‘‘PHOENIX,’’. 

13 (3) FISHERY COOPERATIVE EXIT PROVI14 SIONS.—Section 210(b) of the American Fisheries 

15 Act (title II of division C of Public Law 105–277; 

16 112 Stat. 2681–629) is amended— 

17 (A) by moving the matter beginning with 

18 ‘‘the Secretary shall’’ in paragraph (1) 2 ems to 

19 the right; and 

20 (B) by adding at the end the following: 

21 ‘‘(7) FISHERY COOPERATIVE EXIT PROVI22 SIONS.— 

23 ‘‘(A) FISHING ALLOWANCE DETERMINA24 TION.—For purposes of determining the aggre25 gate percentage of directed fishing allowances 


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1 under paragraph (1), when a catcher vessel is 

2 removed from the directed pollock fishery, the 

3 fishery allowance for pollock for the vessel being 

4 removed— 

5 ‘‘(i) shall be based on the catch his6 tory determination for the vessel made 

7 pursuant to section 679.62 of title 50, 

8 Code of Federal Regulations, as in effect 

9 on the date of enactment of the Maritime 

10 Safety Act of 2009; and 

11 ‘‘(ii) shall be assigned, for all pur12 poses under this title, in the manner speci13 fied by the owner of the vessel being re14 moved to any other catcher vessel or 

15 among other catcher vessels participating 

16 in the fishery cooperative if such vessel or 

17 vessels remain in the fishery cooperative 

18 for at least one year after the date on 

19 which the vessel being removed leaves the 

20 directed pollock fishery. 

21 ‘‘(B) ELIGIBILITY FOR FISHERY ENDORSE22 MENT.—Except as provided in subparagraph 

23 (C), a vessel that is removed pursuant to this 

24 paragraph shall be permanently ineligible for a 

25 fishery endorsement, and any claim (including 


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1 relating to catch history) associated with such 

2 vessel that could qualify any owner of such ves3 sel for any permit to participate in any fishery 

4 within the exclusive economic zone of the 

5 United States shall be extinguished, unless such 

6 removed vessel is thereafter designated to re7 place a vessel to be removed pursuant to this 

8 paragraph. 

9 ‘‘(C) LIMITATIONS ON STATUTORY CON10 STRUCTION.—Nothing in this paragraph shall 

11 be construed— 

12 ‘‘(i) to make the vessels AJ (United 

13 States official number 905625), DONA 

14 MARTITA (United States official number 

15 651751), NORDIC EXPLORER (United 

16 States official number 678234), and 

17 PROVIDIAN (United States official num18 ber 1062183) ineligible for a fishery en19 dorsement or any permit necessary to par20 ticipate in any fishery under the authority 

21 of the New England Fishery Management 

22 Council or the Mid-Atlantic Fishery Man23 agement Council established, respectively, 

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1 tion 302(a)(1) of the Magnuson-Stevens 

2 Act; or 

3 ‘‘(ii) to allow the vessels referred to in 

4 clause (i) to participate in any fishery 

5 under the authority of the Councils re6 ferred to in clause (i) in any manner that 

7 is not consistent with the fishery manage8 ment plan for the fishery developed by the 

9 Councils under section 303 of the Magnu10 son-Stevens Act.’’. 

11 SEC. 803. COLD WEATHER SURVIVAL TRAINING. 

12 The Commandant of the Coast Guard shall report to 

13 the Committee on Transportation and Infrastructure of 

14 the House of Representatives and the Committee on Com15 merce, Science, and Transportation of the Senate on the 

16 efficacy of cold weather survival training conducted by the 

17 Coast Guard in Coast Guard District 17 over the pre18 ceding 5 years. The report shall include plans for con19 ducting such training in fiscal years 2010 through 2013. 

20 SEC. 804. FISHING VESSEL SAFETY. 

21 (a) SAFETY STANDARDS.—Section 4502 of title 46, 

22 United States Code, is amended— 

23 (1) in subsection (a), by— 

24 (A) striking paragraphs (6) and (7) and 

25 inserting the following: 


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1 ‘‘(6) other equipment required to minimize the 

2 risk of injury to the crew during vessel operations, 

3 if the Secretary determines that a risk of serious in4 jury exists that can be eliminated or mitigated by 

5 that equipment; and’’; and 

6 (B) redesignating paragraph (8) as para7 graph (7); 

8 (2) in subsection (b)— 

9 (A) in paragraph (1) in the matter pre10 ceding subparagraph (A), by striking ‘‘docu11 mented’’; 

12 (B) in paragraph (1)(A), by striking ‘‘the 

13 Boundary Line’’ and inserting ‘‘3 nautical miles 

14 from the baseline from which the territorial sea 

15 of the United States is measured or beyond 3 

16 nautical miles from the coastline of the Great 

17 Lakes’’; 

18 (C) in paragraph (2)(B), by striking ‘‘life19 boats or liferafts’’ and inserting ‘‘a survival 

20 craft that ensures that no part of an individual 

21 is immersed in water’’; 

22 (D) in paragraph (2)(D), by inserting 

23 ‘‘marine’’ before ‘‘radio’’; 

24 (E) in paragraph (2)(E), by striking 

25 ‘‘radar reflectors, nautical charts, and anchors’’ 


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1 and inserting ‘‘nautical charts, and publica2 tions’’; 

3 (F) in paragraph (2)(F), by striking ‘‘, in4 cluding medicine chests’’ and inserting ‘‘and 

5 medical supplies sufficient for the size and area 

6 of operation of the vessel’’; and 

7 (G) by amending paragraph (2)(G) to read 

8 as follows: 

9 ‘‘(G) ground tackle sufficient for the vessel.’’; 

10 (3) by amending subsection (f) to read as fol11 lows: 

12 ‘‘(f) To ensure compliance with the requirements of 

13 this chapter, the Secretary— 

14 ‘‘(1) shall require the individual in charge of a 

15 vessel described in subsection (b) to keep a record 

16 of equipment maintenance, and required instruction 

17 and drills; and 

18 ‘‘(2) shall examine at dockside a vessel de19 scribed in subsection (b) at least once every 2 years, 

20 and shall issue a certificate of compliance to a vessel 

21 meeting the requirements of this chapter.’’; and 

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

23 ‘‘(g)(1) The individual in charge of a vessel described 

24 in subsection (b) must pass a training program approved 

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1 graph (2) of this subsection and hold a valid certificate 

2 issued under that program. 

3 ‘‘(2) The training program shall— 

4 ‘‘(A) be based on professional knowledge and 

5 skill obtained through sea service and hands-on 

6 training, including training in seamanship, stability, 

7 collision prevention, navigation, fire fighting and 

8 prevention, damage control, personal survival, emer9 gency medical care, emergency drills, and weather; 

10 ‘‘(B) require an individual to demonstrate abil11 ity to communicate in an emergency situation and 

12 understand information found in navigation publica13 tions; 

14 ‘‘(C) recognize and give credit for recent past 

15 experience in fishing vessel operation; and 

16 ‘‘(D) provide for issuance of a certificate to an 

17 individual that has successfully completed the pro18 gram. 

19 ‘‘(3) The Secretary shall prescribe regulations imple20 menting this subsection. The regulations shall require that 

21 individuals who are issued a certificate under paragraph 

22 (2)(D) must complete refresher training at least once 

23 every 5 years as a condition of maintaining the validity 

24 of the certificate. 


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1 ‘‘(4) The Secretary shall establish a publicly acces2 sible electronic database listing the names of individuals 

3 who have participated in and received a certificate con4 firming successful completion of a training program ap5 proved by the Secretary under this section. 

6 ‘‘(h) A vessel to which this chapter applies shall be 

7 constructed in a manner that provides a level of safety 

8 equivalent to the minimum safety standards the Secretary 

9 may establish for recreational vessels under section 4302, 

10 if— 

11 ‘‘(1) subsection (b) of this section applies to the 

12 vessel; 

13 ‘‘(2) the vessel is less than 50 feet overall in 

14 length; and 

15 ‘‘(3) the vessel is built after January 1, 2010. 

16 ‘‘(i)(1) The Secretary shall establish a Fishing Safety 

17 Training Grants Program to provide funding to munici18 palities, port authorities, other appropriate public entities, 

19 not-for-profit organizations, and other qualified persons 

20 that provide commercial fishing safety training— 

21 ‘‘(A) to conduct fishing vessel safety training 

22 for vessel operators and crewmembers that— 

23 ‘‘(i) in the case of vessel operators, meets 

24 the requirements of subsection (g); and 


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1 ‘‘(ii) in the case of crewmembers, meets 

2 the requirements of subsection (g)(2)(A), such 

3 requirements of subsection (g)(2)(B) as are ap4 propriate for crewmembers, and the require5 ments of subsections (g)(2)(D), (g)(3), and 

6 (g)(4); and 

7 ‘‘(B) for purchase of safety equipment and 

8 training aids for use in those fishing vessel safety 

9 training programs. 

10 ‘‘(2) The Secretary shall award grants under this 

11 subsection on a competitive basis. 

12 ‘‘(3) The Federal share of the cost of any activity 

13 carried out with a grant under this subsection shall not 

14 exceed 75 percent. 

15 ‘‘(4) There is authorized to be appropriated 

16 $3,000,000 for each of fiscal years 2010 through 2014 

17 for grants under this subsection. 

18 ‘‘(j)(1) The Secretary shall establish a Fishing Safety 

19 Research Grant Program to provide funding to individuals 

20 in academia, members of non-profit organizations and 

21 businesses involved in fishing and maritime matters, and 

22 other persons with expertise in fishing safety, to conduct 

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1 itoring systems, communications devices, de-icing tech2 nology, and severe weather detection. 

3 ‘‘(2) The Secretary shall award grants under this 

4 subsection on a competitive basis. 

5 ‘‘(3) The Federal share of the cost of any activity 

6 carried out with a grant under this subsection shall not 

7 exceed 75 percent. 

8 ‘‘(4) There is authorized to be appropriated 

9 $3,000,000 for each fiscal years 2010 through 2014 for 

10 activities under this subsection.’’. 

11 (b) CONFORMING AMENDMENT.—Section 4506(b) of 

12 title 46, United States Code, is repealed. 

13 (c) ADVISORY COMMITTEE.— 

14 (1) CHANGE OF NAME.—Section 4508 of title 

15 46, United States Code, is amended— 

16 (A) by striking the section heading and in17 serting the following: 

18 ‘‘§ 4508. Commercial Fishing Safety Advisory Com19 mittee’’; 

20 and 

21 (B) in subsection (a) by striking ‘‘Industry 

22 Vessel’’. 

23 (2) MEMBERSHIP REQUIREMENTS.—Section 

24 4508(b)(1) of that title is amended— 


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1 (A) by striking ‘‘seventeen’’ and inserting 

2 ‘‘eighteen’’; 

3 (B) in subparagraph (A)— 

4 (i) in the matter preceding clause (i), 

5 by striking ‘‘from the commercial fishing 

6 industry who—’’ and inserting ‘‘who shall 

7 represent the commercial fishing industry 

8 and who—’’; and 

9 (ii) in clause (ii), by striking ‘‘an 

10 uninspected’’ and inserting ‘‘a’’; 

11 (C) by striking subparagraph (B) and in12 serting the following: 

13 ‘‘(B) three members who shall represent the 

14 general public, including, whenever possible— 

15 ‘‘(i) an independent expert or consultant in 

16 maritime safety; 

17 ‘‘(ii) a marine surveyor who provides serv18 ices to vessels to which this chapter applies; and 

19 ‘‘(iii) a person familiar with issues affect20 ing fishing communities and families of fisher21 men;’’; and 

22 (D) in subparagraph (C)— 

23 (i) in the matter preceding clause (i), 

24 by striking ‘‘representing each of—’’ 


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1 and inserting ‘‘each of whom shall rep2 resent—’’; 

3 (ii) in clause (i), by striking ‘‘or ma4 rine surveyors;’’ and inserting ‘‘and marine 

5 engineers;’’; 

6 (iii) in clause (iii), by striking ‘‘and’’ 

7 after the semicolon at the end; 

8 (iv) in clause (iv), by striking the pe9 riod at the end and inserting ‘‘; and’’; and 

10 (v) by adding at the end the following 

11 new clause: 

12 ‘‘(v) owners of vessels to which this 

13 chapter applies.’’. 

14 (3) TERMINATION.—Section 4508(e)(1) of that 

15 title is amended by striking ‘‘September 30, 2010.’’ 

16 and inserting ‘‘September 30, 2020.’’. 

17 (4) CLERICAL AMENDMENT.—The table of sec18 tions at the beginning of chapter 45 of title 46, 

19 United States Code, is amended by striking the item 

20 relating to such section and inserting the following: 

‘‘4508. Commercial Fishing Safety Advisory Committee.’’. 

21 (d) LOADLINES FOR VESSELS 79 FEET OR GREATER

22 IN LENGTH.—Section 5102(b)(3) of title 46, United 

23 States Code, is amended by inserting after ‘‘vessel’’ the 

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1 stantial change to the dimension of or type of the vessel 

2 completed after July 1, 2010’’. 

3 (e) CLASSING OF VESSELS.— 

4 (1) IN GENERAL.—Section 4503 of title 46, 

5 United States Code, is amended— 

6 (A) by striking the section heading and in7 serting the following: 

8 ‘‘§ 4503. Fishing, fish tender, and fish processing ves9 sel certification’’; 

10 (B) in subsection (a) by striking ‘‘fish 

11 processing’’; and 

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

13 ‘‘(c) This section applies to a vessel to which section 

14 4502(b) of this title applies that is at least 50 feet overall 

15 in length and— 

16 ‘‘(1) is built after July 1, 2010; or 

17 ‘‘(2) undergoes a substantial change to the di18 mension of or type of the vessel completed after that 

19 date. 

20 ‘‘(d)(1) After January 1, 2020, a fishing vessel, fish 

21 processing vessel, or fish tender vessel to which section 

22 4502(b) of this title applies shall comply with an alternate 

23 safety compliance program that is developed in coopera24 tion with the commercial fishing industry and prescribed 

25 by the Secretary, if the vessel— 


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1 ‘‘(A) is at least 50 feet overall in length; 

2 ‘‘(B) is built before July 1, 2010; and 

3 ‘‘(C) is 25 years of age or older. 

4 ‘‘(2) Alternative safety compliance programs may be 

5 developed for purposes of paragraph (1) for specific re6 gions and fisheries. 

7 ‘‘(3) A fishing vessel, fish processing vessel, or fish 

8 tender vessel to which section 4502(b) of this title applies 

9 that was classed before July 1, 2010, shall— 

10 ‘‘(A) remain subject to the requirements of a 

11 classification society approved by the Secretary; and 

12 ‘‘(B) have on board a certificate from that soci13 ety.’’. 

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions at the beginning of chapter 45 of title 46, 

16 United States Code, is amended by striking the item 

17 relating to such section and inserting the following: 

‘‘4503. Fishing, fish tender, and fish processing vessel certification.’’. 

18 (f) ALTERNATIVE SAFETY COMPLIANCE PROGRAM.— 

19 No later than January 1, 2017, the Secretary of the de20 partment in which the Coast Guard is operating shall pre21 scribe an alternative safety compliance program referred 

22 to in section 4503(d) of the title 46, United States Code, 

23 as amended by this section. 

24 (g) PROHIBITION ON EARMARKS.—None of the funds 

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1 gram pursuant to section 4502(i) of title 46, United 

2 States Code, as amended by this section, may be used for 

3 a Congressional earmark as defined in clause 9(d) of rule 

4 XXI of the Rules of the House of Representatives. 

5 (h) PROHIBITION ON EARMARKS.—None of the funds 

6 appropriated for the Fishing Safety Research Grant Pro7 gram pursuant to section 4502(j) of title 46, United 

8 States Code, as amended by this section, may be used for 

9 a Congressional earmark as defined in clause 9(d) of rule 

10 XXI of the Rules of the House of Representatives. 

11 SEC. 805. MARINER RECORDS. 

12 Section 7502 of title 46, United States Code, is 

13 amended— 

14 (1) by inserting ‘‘(a)’’ before ‘‘The’’; 

15 (2) by striking ‘‘computerized records’’ and in16 serting ‘‘records, including electronic records,’’; and 

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

18 ‘‘(b) The Secretary may prescribe regulations requir19 ing a vessel owner or managing operator of a commercial 

20 vessel, or the employer of a seaman on that vessel, to 

21 maintain records of each individual engaged on the vessel 

22 on matters of engagement, discharge, and service for not 

23 less than 5 years after the date of the completion of the 

24 service of that individual on the vessel. The regulations 

25 may require that a vessel owner, managing operator, or 


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1 employer shall make these records available to the indi2 vidual and the Coast Guard on request. 

3 ‘‘(c) A person violating this section, or a regulation 

4 prescribed under this section, is liable to the United States 

5 Government for a civil penalty of not more than $5,000.’’. 

6 SEC. 806. DELETION OF EXEMPTION OF LICENSE REQUIRE7 MENT FOR OPERATORS OF CERTAIN TOWING 

8 VESSELS. 

9 Section 8905 of title 46, United States Code, is 

10 amended— 

11 (1) by striking subsection (b); and 

12 (2) by redesignating subsection (c) as sub13 section (b). 

14 SEC. 807. LOG BOOKS. 

15 (a) IN GENERAL.—Chapter 113 of title 46, United 

16 States Code, is amended by adding at the end the fol17 lowing: 

18 ‘‘§ 11304. Additional logbook and entry requirements 

19 ‘‘(a) A vessel of the United States that is subject to 

20 inspection under section 3301 of this title, except a vessel 

21 on a voyage from a port in the United States to a port 

22 in Canada, shall have an official logbook, which shall be 

23 kept available for review by the Secretary on request. 

24 ‘‘(b) The log book required by subsection (a) shall 

25 include the following entries: 


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1 ‘‘(1) The time when each seaman and each offi2 cer assumed or relieved the watch. 

3 ‘‘(2) The number of hours in service to the ves4 sels of each seaman and each officer. 

5 ‘‘(3) An account of each accident, illness, and 

6 injury that occurs during each watch.’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 at the beginning of such chapter is amended by adding 

9 at the end the following: 

‘‘11304. Additional logbook and entry requirements.’’. 

10 SEC. 808. SAFE OPERATIONS AND EQUIPMENT STANDARDS. 

11 (a) IN GENERAL.—Chapter 21 of title 46, United 

12 States Code, is further amended by adding at the end the 

13 following new sections: 

14 ‘‘§ 2117. Termination for unsafe operation 

15 ‘‘An individual authorized to enforce this title— 

16 ‘‘(1) may remove a certificate required by this 

17 title from a vessel that is operating in a condition 

18 that does not comply with the provisions of the cer19 tificate; 

20 ‘‘(2) may order the individual in charge of a 

21 vessel that is operating that does not have on board 

22 the certificate required by this title to return the 

23 vessel to a mooring and to remain there until the 

24 vessel is in compliance with this title; and 


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1 ‘‘(3) may direct the individual in charge of a 

2 vessel to which this title applies to immediately take 

3 reasonable steps necessary for the safety of individ4 uals on board the vessel if the official observes the 

5 vessel being operated in an unsafe condition that the 

6 official believes creates an especially hazardous con7 dition, including ordering the individual in charge to 

8 return the vessel to a mooring and to remain there 

9 until the situation creating the hazard is corrected 

10 or ended. 

11 ‘‘§ 2118. Establishment of equipment standards 

12 ‘‘(a) In establishing standards for approved equip13 ment required on vessels subject to part B of this title, 

14 the Secretary shall establish standards that are— 

15 ‘‘(1) based on performance using the best avail16 able technology that is economically achievable; and 

17 ‘‘(2) operationally practical. 

18 ‘‘(b) Using the standards established under sub19 section (a), the Secretary may also certify lifesaving equip20 ment that is not required to be carried on vessels subject 

21 to part B of this title to ensure that such equipment is 

22 suitable for its intended purpose. 

23 ‘‘(c) At least once every 10 years the Secretary shall 

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1 section (a) to ensure that the standards meet the require2 ments of this section.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 at the beginning of such chapter is further amended by 

5 adding at the end the following: 

‘‘Sec. 2117. Termination for unsafe operation. 

‘‘Sec. 2118. Establishment of equipment standards.’’. 

6 SEC. 809. APPROVAL OF SURVIVAL CRAFT. 

7 (a) IN GENERAL.—Chapter 31 of title 46, United 

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

10 ‘‘§ 3104. Survival craft 

11 ‘‘(a) Except as provided in subsection (b), the Sec12 retary may not approve a survival craft as a safety device 

13 for purposes of this part, unless the craft ensures that 

14 no part of an individual is immersed in water. 

15 ‘‘(b) The Secretary may authorize a survival craft 

16 that does not provide protection described in subsection 

17 (a) to remain in service until not later than January 1, 

18 2015, if— 

19 ‘‘(1) it was approved by the Secretary before 

20 January 1, 2010; and 

21 ‘‘(2) it is in serviceable condition.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of such chapter is amended by adding 

3 at the end the following: 

‘‘3104. Survival craft.’’. 

4 SEC. 810. SAFETY MANAGEMENT. 

5 (a) VESSELS TO WHICH REQUIREMENTS APPLY.— 

6 Section 3202 of title 46, United States Code, is amend7 ed— 

8 (1) in subsection (a) by striking the heading 

9 and inserting ‘‘FOREIGN VOYAGES AND FOREIGN

10 VESSELS.—’’; 

11 (2) by redesignating subsections (b) and (c) as 

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

13 (3) by inserting after subsection (a) the fol14 lowing: 

15 ‘‘(b) OTHER PASSENGER VESSELS.—This chapter 

16 applies to a vessel that is— 

17 ‘‘(1) a passenger vessel or small passenger ves18 sel; and 

19 ‘‘(2) is transporting more passengers than a 

20 number prescribed by the Secretary based on the 

21 number of individuals on the vessel that could be 

22 killed or injured in a marine casualty.’’; 

23 (4) in subsection (d), as so redesignated, by 

24 striking ‘‘subsection (b)’’ and inserting ‘‘subsection 

25 (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 

5 of title 46, United States Code, is amended by adding at 

6 the end the following new subsection: 

7 ‘‘(c) In prescribing regulations for passenger vessels 

8 and small passenger vessels, the Secretary shall con9 sider— 

10 ‘‘(1) the characteristics, methods of operation, 

11 and nature of the service of these vessels; and 

12 ‘‘(2) with respect to vessels that are ferries, the 

13 sizes of the ferry systems within which the vessels 

14 operate.’’. 

15 SEC. 811. PROTECTION AGAINST DISCRIMINATION. 

16 (a) IN GENERAL.—Section 2114 of title 46, United 

17 States Code, is amended— 

18 (1) in subsection (a)(1)(A), by striking ‘‘or’’ 

19 after the semicolon; 

20 (2) in subsection (a)(1)(B), by striking the pe21 riod at the end and inserting a semicolon; 

22 (3) by adding at the end of subsection (a)(1) 

23 the following new subparagraphs: 


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1 ‘‘(C) the seaman testified in a proceeding 

2 brought to enforce a maritime safety law or regula3 tion prescribed under that law; 

4 ‘‘(D) the seaman notified, or attempted to no5 tify, the vessel owner or the Secretary of a work-re6 lated personal injury or work-related illness of a sea7 man; 

8 ‘‘(E) the seaman cooperated with a safety in9 vestigation by the Secretary or the National Trans10 portation Safety Board; 

11 ‘‘(F) the seaman furnished information to the 

12 Secretary, the National Transportation Safety 

13 Board, or any other public official as to the facts re14 lating to any marine casualty resulting in injury or 

15 death to an individual or damage to property occur16 ring in connection with vessel transportation; or 

17 ‘‘(G) the seaman accurately reported hours of 

18 duty under this part.’’; and 

19 (4) by amending subsection (b) to read as fol20 lows: 

21 ‘‘(b) A seaman alleging discharge or discrimination 

22 in violation of subsection (a) of this section, or another 

23 person at the seaman’s request, may file a complaint with 

24 respect to such allegation in the same manner as a com25 plaint may be filed under subsection (b) of section 31105 


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1 of title 49. Such complaint shall be subject to the proce2 dures, requirements, and rights described in that section, 

3 including with respect to the right to file an objection, the 

4 right of a person to file for a petition for review under 

5 subsection (c) of that section, and the requirement to 

6 bring a civil action under subsection (d) of that section.’’. 

7 (b) EXISTING ACTIONS.—This section shall not affect 

8 the application of section 2114(b) of title 46, United 

9 States Code, as in effect before the date of enactment of 

10 this Act, to an action filed under that section before that 

11 date. 

12 SEC. 812. OIL FUEL TANK PROTECTION. 

13 Section 3306 of title 46, United States Code, is 

14 amended by adding at the end the following new sub15 section: 

16 ‘‘(k)(1) Each vessel of the United States that is con17 structed under a contract entered into after the date of 

18 enactment of the Maritime Safety Act of 2009, or that 

19 is delivered after January 1, 2011, with an aggregate ca20 pacity of 600 cubic meters or more of oil fuel, shall comply 

21 with the requirements of Regulation 12A under Annex I 

22 to the Protocol of 1978 relating to the International Con23 vention for the Prevention of Pollution from Ships, 1973, 

24 entitled ‘Oil Fuel Tank Protection’. 


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1 ‘‘(2) The Secretary may prescribe regulations to 

2 apply the requirements described in Regulation 12A to 

3 vessels described in paragraph (1) that are not otherwise 

4 subject to that convention. Any such regulation shall be 

5 considered to be an interpretive rule for the purposes of 

6 section 553 of title 5. 

7 ‘‘(3) In this subsection the term ‘oil fuel’ means any 

8 oil used as fuel in connection with the propulsion and aux9 iliary machinery of the vessel in which such oil is carried.’’. 

10 SEC. 813. OATHS. 

11 Sections 7105 and 7305 of title 46, United States 

12 Code, and the items relating to such sections in the anal13 ysis for chapters 71 and 73 of such title, are repealed. 

14 SEC. 814. DURATION OF CREDENTIALS. 

15 (a) MERCHANT MARINER’S DOCUMENTS.—Section 

16 7302(f) of title 46, United States Code, is amended to 

17 read as follows: 

18 ‘‘(f) PERIODS OF VALIDITY AND RENEWAL OF MER19 CHANT MARINERS’ DOCUMENTS.— 

20 ‘‘(1) IN GENERAL.—Except as provided in sub21 section (g), a merchant mariner’s document issued 

22 under this chapter is valid for a 5-year period and 

23 may be renewed for additional 5-year periods. 

24 ‘‘(2) ADVANCE RENEWALS.—A renewed mer25 chant mariner’s document may be issued under this 


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1 chapter up to 8 months in advance but is not effec2 tive until the date that the previously issued mer3 chant mariner’s document expires or until the com4 pletion of any active suspension or revocation of that 

5 previously issued merchant mariner’s document, 

6 whichever is later.’’. 

7 (b) DURATION OF LICENSES.—Section 7106 of such 

8 title is amended to read as follows: 

9 ‘‘§ 7106. Duration of licenses 

10 ‘‘(a) IN GENERAL.—A license issued under this part 

11 is valid for a 5-year period and may be renewed for addi12 tional 5-year periods; except that the validity of a license 

13 issued to a radio officer is conditioned on the continuous 

14 possession by the holder of a first-class or second-class ra15 diotelegraph operator license issued by the Federal Com16 munications Commission. 

17 ‘‘(b) ADVANCE RENEWALS.—A renewed license 

18 issued under this part may be issued up to 8 months in 

19 advance but is not effective until the date that the pre20 viously issued license expires or until the completion of 

21 any active suspension or revocation of that previously 

22 issued merchant mariner’s document, whichever is later.’’. 

23 (c) CERTIFICATES OF REGISTRY.—Section 7107 of 

24 such title is amended to read as follows: 


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1 ‘‘§ 7107. Duration of certificates of registry 

2 ‘‘(a) IN GENERAL.—A certificate of registry issued 

3 under this part is valid for a 5-year period and may be 

4 renewed for additional 5-year periods; except that the va5 lidity of a certificate issued to a medical doctor or profes6 sional nurse is conditioned on the continuous possession 

7 by the holder of a license as a medical doctor or registered 

8 nurse, respectively, issued by a State. 

9 ‘‘(b) ADVANCE RENEWALS.—A renewed certificate of 

10 registry issued under this part may be issued up to 8 

11 months in advance but is not effective until the date that 

12 the previously issued certificate of registry expires or until 

13 the completion of any active suspension or revocation of 

14 that previously issued merchant mariner’s document, 

15 whichever is later.’’. 

16 SEC. 815. FINGERPRINTING. 

17 (a) MERCHANT MARINER LICENSES AND DOCU18 MENTS.—Chapter 75 of title 46, United States Code, is 

19 amended by adding at the end the following: 

20 ‘‘§ 7507. Fingerprinting 

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

22 Guard is operating may not require an individual to be 

23 fingerprinted for the issuance or renewal of a license, a 

24 certificate of registry, or a merchant mariner’s document 

25 under chapter 71 or 73 if the individual was fingerprinted 


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1 when the individual applied for a transportation security 

2 card under section 70105.’’. 

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

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

‘‘7507. Fingerprinting.’’. 

5 SEC. 816. AUTHORIZATION TO EXTEND THE DURATION OF 

6 LICENSES, CERTIFICATES OF REGISTRY, AND 

7 MERCHANT MARINERS’ DOCUMENTS. 

8 (a) MERCHANT MARINER LICENSES AND DOCU9 MENTS.—Chapter 75 of title 46, United States Code, as 

10 amended by section 815(a) of this title, is further amended 

11 by adding at the end the following: 

12 ‘‘§ 7508. Authority to extend the duration of licenses, 

13 certificates of registry, and merchant 

14 mariner documents 

15 ‘‘(a) LICENSES AND CERTIFICATES OF REGISTRY.— 

16 Notwithstanding sections 7106 and 7107, the Secretary 

17 of the department in which the Coast Guard is operating 

18 may— 

19 ‘‘(1) extend for not more than one year an ex20 piring license or certificate of registry issued for an 

21 individual under chapter 71 if the Secretary deter22 mines that the extension is required to enable the 

23 Coast Guard to eliminate a backlog in processing ap24 plications for those licenses or certificates of registry 


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1 or in response to a national emergency or natural 

2 disaster, as deemed necessary by the Secretary; or 

3 ‘‘(2) issue for not more than five years an ex4 piring license or certificate of registry issued for an 

5 individual under chapter 71 for the exclusive pur6 pose of aligning the expiration date of such license 

7 or certificate of registry with the expiration date of 

8 a merchant mariner’s document. 

9 ‘‘(b) MERCHANT MARINER DOCUMENTS.—Notwith10 standing section 7302(g), the Secretary may— 

11 ‘‘(1) extend for not more than one year an ex12 piring merchant mariner’s document issued for an 

13 individual under chapter 71 if the Secretary deter14 mines that the extension is required to enable the 

15 Coast Guard to eliminate a backlog in processing ap16 plications for those licenses or certificates of registry 

17 or in response to a national emergency or natural 

18 disaster, as deemed necessary by the Secretary; or 

19 ‘‘(2) issue for not more than five years an ex20 piring merchant mariner’s document issued for an 

21 individual under chapter 71 for the exclusive pur22 pose of aligning the expiration date of such mer23 chant mariner’s document with the expiration date 

24 of a merchant mariner’s document. 


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1 ‘‘(c) MANNER OF EXTENSION.—Any extensions 

2 granted under this section may be granted to individual 

3 seamen or a specifically identified group of seamen.’’. 

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

5 chapter, as amended by section 815(b), is further amend6 ed by adding at the end the following: 

‘‘7508. Authority to extend the duration of licenses, certificates of registry, and 

merchant mariner documents.’’. 

7 SEC. 817. MERCHANT MARINER DOCUMENTATION. 

8 (a) INTERIM CLEARANCE PROCESS.—Not later than 

9 180 days after the date of enactment of this Act, the Sec10 retary of the department in which the Coast Guard is op11 erating shall develop an interim clearance process for 

12 issuance of a merchant mariner document to enable a 

13 newly hired seaman to begin working on an offshore sup14 ply vessel or towing vessel if the Secretary makes an initial 

15 determination that the seaman does not pose a safety and 

16 security risk. 

17 (b) CONTENTS OF PROCESS.—The process under 

18 subsection (a) shall include a check against the consoli19 dated and integrated terrorist watch list maintained by the 

20 Federal Government, review of the seaman’s criminal 

21 record, and review of the results of testing the seaman 

22 for use of a dangerous drug (as defined in section 2101 

23 of title 46, United States Code) in violation of law or Fed24 eral regulation. 


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1 SEC. 818. MERCHANT MARINER ASSISTANCE REPORT. 

2 Not later than 180 days after the date of enactment 

3 of this Act, the Commandant of the Coast Guard shall 

4 submit to the Committee on Transportation and Infra5 structure of the House of Representatives and the Com6 mittee on Commerce, Science, and Transportation of the 

7 Senate a report regarding the feasibility of— 

8 (1) expanding the streamlined evaluation proc9 ess program that was affiliated with the Houston 

10 Regional Examination Center of the Coast Guard to 

11 all processing centers of the Coast Guard nation12 wide; 

13 (2) including proposals to simplify the applica14 tion process for a license as an officer, staff officer, 

15 or operator and for a merchant mariner’s document 

16 to help eliminate errors by merchant mariners when 

17 completing the application form (CG–719B), includ18 ing instructions attached to the application form and 

19 a modified application form for renewals with ques20 tions pertaining only to the period of time since the 

21 previous application; 

22 (3) providing notice to an applicant of the sta23 tus of the pending application, including a process to 

24 allow the applicant to check on the status of the ap25 plication by electronic means; and 


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1 (4) ensuring that all information collected with 

2 respect to applications for new or renewed licenses, 

3 merchant mariner documents, and certificates of 

4 registry is retained in a secure electronic format. 

5 SEC. 819. OFFSHORE SUPPLY VESSELS. 

6 (a) DEFINITION.—Section 2101(19) of title 46, 

7 United States Code, is amended by striking ‘‘of more than 

8 15 gross tons but less than 500 gross tons as measured 

9 under section 14502 of this title, or an alternate tonnage 

10 measured under section 14302 of this title as prescribed 

11 by the Secretary under section 14104 of this title’’. 

12 (b) EXEMPTION.—Section 5209(b)(1) of the Oceans 

13 Act of 1992 (Public Law 102–587; 46 U.S.C. 2101 note) 

14 is amended by inserting before the period at the end the 

15 following: ‘‘of less than 500 gross tons as measured under 

16 section 14502, or an alternate tonnage measured under 

17 section 14302 of this title as prescribed by the Secretary 

18 under section 14104 of this title’’. 

19 (c) REMOVAL OF TONNAGE LIMITS.— 

20 (1) ABLE SEAMEN-OFFSHORE SUPPLY VES21 SELS.—Section 7310 of title 46, United States 

22 Code, is amended by striking ‘‘of less than 500 gross 

23 tons as measured under section 14502 of this title, 

24 or an alternate tonnage measured under section 


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1 14302 of this title as prescribed by the Secretary 

2 under section 14104 of this title’’. 

3 (2) SCALE OF EMPLOYMENT: ABLE SEAMEN.— 

4 Section 7312(d) of title 46, United States Code, is 

5 amended by striking ‘‘of less than 500 gross tons as 

6 measured under section 14502 of this title, or an al7 ternate tonnage measured under section 14302 of 

8 this title as prescribed by the Secretary under sec9 tion 14104 of this title’’. 

10 (d) WATCHES.—Section 8104 of title 46, United 

11 States Code, is amended— 

12 (1) in subsection (g), by inserting after ‘‘off13 shore supply vessel’’ the following: ‘‘of less than 500 

14 gross tons as measured under section 14502 of this 

15 title, or less than 6,000 gross tons as measured 

16 under section 14302 of this title as prescribed by the 

17 Secretary under section 14104 of this title’’; 

18 (2) in subsection (d), by inserting ‘‘(1)’’ after 

19 ‘‘(d)’’, and by adding at the end the following: 

20 ‘‘(2) Paragraph (1) does not apply to an offshore sup21 ply vessel of at least 6,000 gross tons as measured under 

22 section 14302 of this title if the individuals engaged on 

23 the vessel are in compliance with hours of service require24 ments (including recording and record-keeping of that 

25 service) prescribed by the Secretary.’’; and 


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1 (3) in subsection (e), by striking ‘‘subsection 

2 (d)’’ and inserting ‘‘subsection (d)(1)’’. 

3 (e) MINIMUM NUMBER OF LICENSED INDIVID4 UALS.—Section 8301(b) of title 46, United States Code, 

5 is amended to read as follows: 

6 ‘‘(b)(1) An offshore supply vessel of less than 6,000 

7 gross tons, as measured under section 14302 of this title, 

8 on a voyage of less than 600 miles shall have at least one 

9 licensed mate. Such a vessel on a voyage of 600 miles or 

10 more shall have two licensed mates. 

11 ‘‘(2) An offshore supply vessel of more than 200 

12 gross tons as measured under section 14502 of this title, 

13 or an alternate tonnage measured under section 14302 of 

14 this title as prescribed by the Secretary under section 

15 14104 of this title, may not be operated without a licensed 

16 engineer. 

17 ‘‘(3) An offshore supply vessel shall have at least one 

18 mate. Additional mates on an offshore supply vessel of at 

19 least 6,000 gross tons as measured under section 14302 

20 of this title shall be prescribe in accordance with hours 

21 of service requirements (including recording and record22 keeping of that service) prescribed by the Secretary.’’. 

23 (f) REGULATIONS.— 

24 (1) IN GENERAL.—The Secretary of the depart25 ment in which the Coast Guard is operating shall 


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1 promulgate regulations to implement the amend2 ments enacted by this section and chapter 37 of title 

3 46, United States Code, for offshore supply vessels 

4 of at least 6,000 gross tons, before January 1, 2010. 

5 (2) INTERIM FINAL RULE AUTHORITY.—The 

6 Secretary shall issue an interim final rule as a tem7 porary regulation implementing this section (includ8 ing the amendments made by this section), and 

9 chapter 37 of title 46, United States Code, for off10 shore supply vessels of at least 6,000 gross tons, as 

11 soon as practicable after the date of enactment of 

12 this section, without regard to the provisions of 

13 chapter 5 of title 5, United States Code. All regula14 tions prescribed under the authority of this para15 graph that are not earlier superseded by final regu16 lations shall expire not later than 1 year after the 

17 date of enactment of this Act. 

18 (3) INITIATION OF RULEMAKING.—The Sec19 retary may initiate a rulemaking to implement this 

20 section (including the amendments made by this sec21 tion), and chapter 37 of title 46, United States 

22 Code, for offshore supply vessels of at least 6,000 

23 gross tons, as soon as practicable after the date of 

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1 suant to that rulemaking may supersede the interim 

2 final rule promulgated under this subsection. 

3 (4) INTERIM PERIOD.—After the date of enact4 ment of this Act and prior to the effective date of 

5 the regulations promulgated to implement the 

6 amendments enacted by this section under para7 graph (2), and notwithstanding the tonnage limits of 

8 applicable regulations promulgated prior to the date 

9 of enactment of this Act, the Secretary may— 

10 (A) issue a certificate of inspection under 

11 section 3309 of title 46, United States Code, to 

12 an offshore supply vessel of at least 500 gross 

13 tons as measured under section 14502 of title 

14 46, United States Code, or of at least 6,000 

15 gross tons as measured under section 14302 of 

16 title 46, United States Code, if the Secretary 

17 determines that such vessel’s arrangements, 

18 equipment, classification, and certifications pro19 vide for the safe carriage of individuals in addi20 tion to the crew and oil and hazardous sub21 stances, taking into consideration the character22 istics of offshore supply vessels, their methods 

23 of operation, and their service in support of ex24 ploration, exploitation, or production of offshore 

25 mineral or energy resources; 


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1 (B) for the purpose of enforcing chapter 

2 37 of title 46, United States Code, use tank 

3 vessel standards for offshore supply vessels of 

4 at least 6,000 gross tons after considering the 

5 characteristics, methods of operation, and na6 ture of the service of the vessel; and 

7 (C) authorize a master, mate, or engineer 

8 whom the Secretary decides possesses the expe9 rience on an offshore supply vessel under 6,000 

10 gross tons to serve on an offshore supply vessel 

11 over at least 6,000 gross tons. 

12 SEC. 820. ASSOCIATED EQUIPMENT. 

13 Section 2101(1)(B) of title 46, United States Code, 

14 is amended by inserting ‘‘with the exception of emergency 

15 locator beacons,’’ before ‘‘does’’. 

16 SEC. 821. LIFESAVING DEVICES ON UNINSPECTED VESSELS. 

17 Section 4102(b) of title 46, United States Code, is 

18 amended to read as follows: 

19 ‘‘(b) The Secretary shall prescribe regulations requir20 ing the installation, maintenance, and use of life pre21 servers and other lifesaving devices for individuals on 

22 board uninspected vessels.’’. 

23 SEC. 822. STUDY OF BLENDED FUELS IN MARINE APPLICA24 TION. 

25 (a) SURVEY.— 


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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of enactment of this Act, the Sec3 retary of Homeland Security, acting through the 

4 Commandant of the Coast Guard, shall submit a 

5 survey of published data and reports, pertaining to 

6 the use, safety, and performance of blended fuels in 

7 marine applications, to the Committee on Transpor8 tation and Infrastructure of the House of Represent9 atives and the Committees on Commerce, Science, 

10 and Transportation of the Senate. 

11 (2) INCLUDED INFORMATION.—To the extent 

12 possible, the survey required in subsection (a), shall 

13 include data and reports on— 

14 (A) the impact of blended fuel on the oper15 ation, durability, and performance of rec16 reational and commercial marine engines, ves17 sels, and marine engine and vessel components 

18 and associated equipment; 

19 (B) the safety impacts of blended fuels on 

20 consumers that own and operate recreational 

21 and commercial marine engines and marine en22 gine components and associated equipment; and 

23 (C) to the extent available, fires and explo24 sions on board vessels propelled by engines 

25 using blended fuels. 


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1 (b) STUDY.— 

2 (1) IN GENERAL.—Not later than 36 months 

3 after the date of enactment of this Act, the Sec4 retary, acting through the Commandant, shall con5 duct a comprehensive study on the use, safety, and 

6 performance of blended fuels in marine applications. 

7 The Secretary is authorized to conduct such study in 

8 conjunction with— 

9 (A) any other Federal agency; 

10 (B) any State government or agency; 

11 (C) any local government or agency, in12 cluding local police and fire departments; and 

13 (D) any private entity, including engine 

14 and vessel manufacturers. 

15 (2) EVALUATION.—The study shall include an 

16 evaluation of— 

17 (A) the impact of blended fuel on the oper18 ation, durability and performance of rec19 reational and commercial marine engines, ves20 sels, and marine engine and vessel components 

21 and associated equipment; 

22 (B) the safety impacts of blended fuels on 

23 consumers that own and operate recreational 

24 and commercial marine engines and marine en25 gine components and associated equipment; and 


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1 (C) fires and explosions on board vessels 

2 propelled by engines using blended fuels. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to the Secretary of Home5 land Security to carry out the survey and study under this 

6 section $1,000,000. 

7 SEC. 823. RENEWAL OF ADVISORY COMMITTEES. 

8 (a) GREAT LAKES PILOTAGE ADVISORY COM9 MITTEE.—Section 9307(f)(1) of title 46, United States 

10 Code, is amended by striking ‘‘September 30, 2010.’’ and 

11 inserting ‘‘September 30, 2020.’’. 

12 (b) NATIONAL BOATING SAFETY ADVISORY COUN13 CIL.—Section 13110 of title 46, United States Code, is 

14 amended— 

15 (1) in subsection (d), by striking the first sen16 tence; and 

17 (2) in subsection (e), by striking ‘‘September 

18 30, 2010.’’ and inserting ‘‘September 30, 2020.’’. 

19 (c) HOUSTON-GALVESTON NAVIGATION SAFETY AD20 VISORY COMMITTEE.—Section 18(h) of the Coast Guard 

21 Authorization Act of 1991 (Public Law 102–241 as 

22 amended by Public Law 104–324) is amended by striking 

23 ‘‘September 30, 2010.’’ and inserting ‘‘September 30, 

24 2020.’’. 


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1 (d) LOWER MISSISSIPPI RIVER WATERWAY SAFETY

2 ADVISORY COMMITTEE.—Section 19 of the Coast Guard 

3 Authorization Act of 1991 (Public Law 102–241) is 

4 amended— 

5 (1) in subsection (b)— 

6 (A) in the matter preceding paragraph (1), 

7 by striking ‘‘twenty-four’’ and inserting ‘‘twen8 ty-five’’; and 

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

10 paragraph: 

11 ‘‘(12) One member representing the Associated 

12 Federal Pilots and Docking Masters of Louisiana.’’; 

13 and 

14 (2) in subsection (g), by striking ‘‘September 

15 30, 2010.’’ and inserting ‘‘September 30, 2020.’’. 

16 (e) TOWING SAFETY ADVISORY COMMITTEE.—The 

17 Act to Establish a Towing Safety Advisory Committee in 

18 the Department of Transportation (33 U.S.C. 1231a) is 

19 amended— 

20 (1) by striking subsection (a) and inserting the 

21 following: 

22 ‘‘(a) There is established a Towing Safety Advisory 

23 Committee (hereinafter referred to as the ‘Committee’). 

24 The Committee shall consist of eighteen members with 

25 particular expertise, knowledge, and experience regarding 


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1 shallow-draft inland and coastal waterway navigation and 

2 towing safety as follows: 

3 ‘‘(1) Seven members representing the barge and 

4 towing industry, reflecting a regional geographic bal5 ance. 

6 ‘‘(2) One member representing the offshore 

7 mineral and oil supply vessel industry. 

8 ‘‘(3) One member representing holders of active 

9 licensed Masters or Pilots of towing vessels with ex10 perience on the Western Rivers and the Gulf Intra11 coastal Waterway. 

12 ‘‘(4) One member representing the holders of 

13 active licensed Masters of towing vessels in offshore 

14 service. 

15 ‘‘(5) One member representing Masters who are 

16 active ship-docking or harbor towing vessel. 

17 ‘‘(6) One member representing licensed or unli18 censed towing vessel engineers with formal training 

19 and experience. 

20 ‘‘(7) Two members representing each of the fol21 lowing groups: 

22 ‘‘(A) Port districts, authorities, or terminal 

23 operators. 


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1 ‘‘(B) Shippers (of whom at least one shall 

2 be engaged in the shipment of oil or hazardous 

3 materials by barge). 

4 ‘‘(8) Two members representing the general 

5 public.’’; and 

6 (2) in subsection (e), by striking ‘‘September 

7 30, 2010.’’ and inserting ‘‘September 30, 2020.’’. 

8 (f) NAVIGATION SAFETY ADVISORY COUNCIL.—Sec9 tion 5 of the Inland Navigational Rules Act of 1980 (33 

10 U.S.C. 2073) is amended— 

11 (1) by striking subsections (a) and (b) and in12 serting the following: 

13 ‘‘(a) ESTABLISHMENT OF COUNCIL.— 

14 ‘‘(1) IN GENERAL.—The Secretary of the de15 partment in which the Coast Guard is operating 

16 shall establish a Navigation Safety Advisory Council 

17 (hereinafter referred to as the ‘Council’), consisting 

18 of not more than 21 members. All members shall 

19 have expertise in Inland and International vessel 

20 navigation Rules of the Road, aids to maritime navi21 gation, maritime law, vessel safety, port safety, or 

22 commercial diving safety. Upon appointment, all 

23 non-Federal members shall be designated as rep24 resentative members to represent the viewpoints and 


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1 interests of one of the following groups or organiza2 tions: 

3 ‘‘(A) Commercial vessel owners or opera4 tors. 

5 ‘‘(B) Professional mariners. 

6 ‘‘(C) Recreational boaters. 

7 ‘‘(D) The recreational boating industry. 

8 ‘‘(E) State agencies responsible for vessel 

9 or port safety. 

10 ‘‘(F) The Maritime Law Association. 

11 ‘‘(2) PANELS.—Additional persons may be ap12 pointed to panels of the Council to assist the Council 

13 in performance of its functions. 

14 ‘‘(3) NOMINATIONS.—The Secretary, through 

15 the Coast Guard Commandant, shall not less often 

16 than once a year publish a notice in the Federal 

17 Register soliciting nominations for membership on 

18 the Council. 

19 ‘‘(b) FUNCTIONS.—The Council shall advise, consult 

20 with, and make recommendations to the Secretary, 

21 through the Coast Guard Commandant, on matters relat22 ing to maritime collisions, rammings, groundings, Inland 

23 Rules of the Road, International Rules of the Road, navi24 gation regulations and equipment, routing measures, ma25 rine information, diving safety, and aids to navigation sysVerDate Nov 24 2008 00:19 Nov 03, 2009 Jkt 089200 PO 00000 Frm 00216 Fmt 6652 Sfmt 6201 E:\BILLS\H3619.PCS H3619

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1 tems. Any advice and recommendations made by the 

2 Council to the Secretary shall reflect the independent 

3 judgment of the Council on the matter concerned. The 

4 Council shall meet at the call of the Coast Guard Com5 mandant, but in any event not less than twice during each 

6 calendar year. All proceedings of the Council shall be pub7 lic, and a record of the proceedings shall be made available 

8 for public inspection.’’; and 

9 (2) in subsection (d), by striking ‘‘September 

10 30, 2010.’’ and inserting ‘‘September 30, 2020.’’. 

11 SEC. 824. PILOT REQUIRED. 

12 Section 8502(g) of title 46, United States Code, is 

13 amended— 

14 (1) in paragraph (1), by inserting ‘‘and Buz15 zards Bay, Massachusetts’’ before ‘‘, if any,’’; and 

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

17 ‘‘(3) In any area of Buzzards Bay, Massachu18 setts, where a single-hull tanker or tank vessel car19 rying 5,000 or more barrels of oil or other haz20 ardous material is required to be under the direction 

21 and control of a Federal first class pilot, the pilot 

22 may not be a member of the crew of that vessel, and 

23 shall be a pilot licensed— 


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1 ‘‘(A) by the State of Massachusetts who is 

2 operating under a Federal first class pilot’s li3 cense; or 

4 ‘‘(B) under section 7101 of this title as a 

5 Federal first class pilot who has made at least 

6 20 round trips on a vessel as a quartermaster, 

7 wheelsman, able seaman, or apprentice pilot, or 

8 in an equivalent capacity, including— 

9 ‘‘(i) at least 1 round trip through 

10 Buzzards Bay in the preceding 12-month 

11 period; and 

12 ‘‘(ii) if the vessel will be navigating in 

13 periods of darkness in an area of Buzzards 

14 Bay where a vessel is required by regula15 tion to have a pilot, at least 5 round trips 

16 through Buzzards Bay during periods of 

17 darkness.’’. 

18 SEC. 825. DELEGATION OF AUTHORITY TO CLASSIFICATION 

19 SOCIETIES REGARDING OFFSHORE FACILI20 TIES. 

21 (a) IN GENERAL.—Section 3316 of title 46, United 

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

24 ‘‘(d)(1) The Secretary may delegate to the American 

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1 nized by the Secretary as meeting acceptable standards 

2 for such a society, for a United States offshore facility, 

3 the authority to— 

4 ‘‘(A) review and approve plans required for 

5 issuing a certificate of inspection, a certificate of 

6 compliance, or any other certification and related 

7 documents issued by the Coast Guard pursuant to 

8 regulations issued under section 30 of the Outer 

9 Continental Shelf Lands Act (43 U.S.C. 1356); and 

10 ‘‘(B) conduct inspections and examinations. 

11 ‘‘(2) The Secretary may make a delegation under 

12 paragraph (1) to a foreign classification society only if— 

13 ‘‘(A) the foreign society has offices and main14 tains records in the United States; and 

15 ‘‘(B)(i) the government of the foreign country 

16 in which the foreign society is headquartered dele17 gates that authority to the American Bureau of 

18 Shipping; or 

19 ‘‘(ii) the Secretary has entered into an agree20 ment with the government of the foreign country in 

21 which the foreign society is headquartered that— 

22 ‘‘(I) ensures the government of the foreign 

23 country will accept plan review, inspections, or 

24 examinations conducted by the American Bu25 reau of Shipping and provide equivalent access 


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1 to inspect, certify, and provide related services 

2 to offshore facilities located in that country or 

3 operating under the authority of that country; 

4 and 

5 ‘‘(II) is in full accord with principles of 

6 reciprocity in regards to any delegation con7 templated by the Secretary under paragraph 

8 (1). 

9 ‘‘(3) If an inspection or examination is conducted 

10 under authority delegated under this subsection, the per11 son to which the authority was delegated— 

12 ‘‘(A) shall maintain in the United States com13 plete files of all information derived from or nec14 essarily connected with the inspection or examina15 tion for at least 2 years after the United States off16 shore facility ceases to be certified; and 

17 ‘‘(B) shall permit access to those files at all 

18 reasonable times to any officer, employee, or mem19 ber of the Coast Guard designated— 

20 ‘‘(i) as a marine inspector and serving in 

21 a position as a marine inspector; or 

22 ‘‘(ii) in writing by the Secretary to have 

23 access to those files. 

24 ‘‘(4) For purposes of this subsection— 


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1 ‘‘(A) the term ‘offshore facility’ means any in2 stallation, structure, or other device (including any 

3 vessel not documented under chapter 121 of this 

4 title or the laws of another country), fixed or float5 ing, that dynamically holds position or is temporarily 

6 or permanently attached to the seabed or subsoil 

7 under the sea; and 

8 ‘‘(B) the term ‘United States offshore facility’ 

9 means any offshore facility, fixed or floating, that 

10 dynamically holds position or is temporarily or per11 manently attached to the seabed or subsoil under the 

12 territorial sea of the United States or the outer Con13 tinental Shelf (as that term is defined in section 2 

14 of the Outer Continental Shelf Lands Act (43 

15 U.S.C. 1331)), including any vessel, rig, platform, or 

16 other vehicle or structure subject to regulation under 

17 section 30 of the Outer Continental Shelf Lands Act 

18 (43 U.S.C. 1356).’’. 

19 (b) REVIEW AND APPROVAL OF CLASSIFICATION SO20 CIETY REQUIRED.—Section 3316(c) of title 46, United 

21 States Code, is amended by striking so much as precedes 

22 paragraph (2) and inserting the following: 

23 ‘‘(c)(1) A classification society (including an em24 ployee or agent of that society) may not review, examine, 

25 survey, or certify the construction, repair, or alteration of 


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1 a vessel in the United States unless the society has applied 

2 for approval under this subsection and the Secretary has 

3 reviewed and approved that society with respect to the 

4 conduct of that society under paragraph (2).’’. 

5 TITLE IX—CRUISE VESSEL 

6 SAFETY 

7 SEC. 901. SHORT TITLE. 

8 This title may be cited as the ‘‘Cruise Vessel Security 

9 and Safety Act of 2009’’. 

10 SEC. 902. FINDINGS. 

11 The Congress makes the following findings: 

12 (1) There are approximately 200 overnight 

13 ocean-going cruise vessels worldwide. The average 

14 ocean-going cruise vessel carries 2,000 passengers 

15 with a crew of 950 people. 

16 (2) In 2007 alone, approximately 12,000,000 

17 passengers were projected to take a cruise world18 wide. 

19 (3) Passengers on cruise vessels have an inad20 equate appreciation of their potential vulnerability to 

21 crime while on ocean voyages, and those who may be 

22 victimized lack the information they need to under23 stand their legal rights or to know whom to contact 

24 for help in the immediate aftermath of the crime. 


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1 (4) Sexual violence, the disappearance of pas2 sengers from vessels on the high seas, and other se3 rious crimes have occurred during luxury cruises. 

4 (5) Over the last 5 years, sexual assault and 

5 physical assaults on cruise vessels were the leading 

6 crimes investigated by the Federal Bureau of Inves7 tigation with regard to cruise vessel incidents. 

8 (6) These crimes at sea can involve attacks 

9 both by passengers and crew members on other pas10 sengers and crew members. 

11 (7) Except for United States flagged vessels, or 

12 foreign flagged vessels operating in an area subject 

13 to the direct jurisdiction of the United States, there 

14 are no Federal statutes or regulations that explicitly 

15 require cruise lines to report alleged crimes to 

16 United States Government officials. 

17 (8) It is not known precisely how often crimes 

18 occur on cruise vessels or exactly how many people 

19 have disappeared during ocean voyages because 

20 cruise line companies do not make comprehensive, 

21 crime-related data readily available to the public. 

22 (9) Obtaining reliable crime-related cruise data 

23 from governmental sources can be difficult, because 

24 multiple countries may be involved when a crime oc25 curs on the high seas, including the flag country for 


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1 the vessel, the country of citizenship of particular 

2 passengers, and any countries having special or mar3 itime jurisdiction. 

4 (10) It can be difficult for professional crime 

5 investigators to immediately secure an alleged crime 

6 scene on a cruise vessel, recover evidence of an on7 board offense, and identify or interview potential 

8 witnesses to the alleged crime. 

9 (11) Most cruise vessels that operate into and 

10 out of United States ports are registered under the 

11 laws of another country, and investigations and 

12 prosecutions of crimes against passengers and crew 

13 members may involve the laws and authorities of 

14 multiple nations. 

15 (12) The Coast Guard has found it necessary to 

16 establish 500-yard security zones around cruise ves17 sels to limit the risk of terrorist attack. Recently pi18 racy has dramatically increased throughout the 

19 world. 

20 (13) To enhance the safety of cruise pas21 sengers, the owners of cruise vessels could upgrade, 

22 modernize, and retrofit the safety and security infra23 structure on such vessels by installing peep holes in 

24 passenger room doors, installing security video cam25 eras in targeted areas, limiting access to passenger 


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1 rooms to select staff during specific times, and in2 stalling acoustic hailing and warning devices capable 

3 of communicating over distances. 

4 SEC. 903. CRUISE VESSEL SECURITY AND SAFETY REQUIRE5 MENTS. 

6 (a) IN GENERAL.—Chapter 35 of title 46, United 

7 States Code, is amended by adding at the end the fol8 lowing: 

9 ‘‘§ 3507. Passenger vessel security and safety require10 ments 

11 ‘‘(a) VESSEL DESIGN, EQUIPMENT, CONSTRUCTION, 

12 AND RETROFITTING REQUIREMENTS.— 

13 ‘‘(1) IN GENERAL.—Each vessel to which this 

14 subsection applies shall comply with the following 

15 design and construction standards: 

16 ‘‘(A) The vessel shall be equipped with 

17 ship rails that are located not less than 42 

18 inches above the cabin deck. 

19 ‘‘(B) Each passenger stateroom and crew 

20 cabin shall be equipped with entry doors that 

21 include peep holes or other means of visual 

22 identification. 

23 ‘‘(C) For any vessel the keel of which is 

24 laid after the date of enactment of the Cruise 

25 Vessel Security and Safety Act of 2009, each 


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1 passenger stateroom and crew cabin shall be 

2 equipped with— 

3 ‘‘(i) security latches; and 

4 ‘‘(ii) time-sensitive key technology. 

5 ‘‘(D) The vessel shall integrate technology 

6 that can be used for capturing images of pas7 sengers or detecting passengers who have fallen 

8 overboard, to the extent that such technology is 

9 available. 

10 ‘‘(E) The vessel shall be equipped with a 

11 sufficient number of operable acoustic hailing 

12 or other such warning devices to provide com13 munication capability around the entire vessel 

14 when operating in high risk areas (as defined 

15 by the Coast Guard). 

16 ‘‘(2) FIRE SAFETY CODES.—In administering 

17 the requirements of paragraph (1)(C), the Secretary 

18 shall take into consideration fire safety and other 

19 applicable emergency requirements established by 

20 the Coast Guard and under international law, as ap21 propriate. 

22 ‘‘(3) EFFECTIVE DATE.— 

23 ‘‘(A) IN GENERAL.—Except as provided in 

24 subparagraph (B), the requirements of para25 graph (1) shall take effect 18 months after the 


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1 date of enactment of the Cruise Vessel Security 

2 and Safety Act of 2009. 

3 ‘‘(B) LATCH AND KEY REQUIREMENTS.— 

4 The requirements of paragraph (1)(C) take ef5 fect on the date of enactment of the Cruise Ves6 sel Security and Safety Act of 2009. 

7 ‘‘(b) VIDEO RECORDING.— 

8 ‘‘(1) REQUIREMENT TO MAINTAIN SURVEIL9 LANCE.—The owner of a vessel to which this section 

10 applies shall maintain a video surveillance system to 

11 assist in documenting crimes on the vessel and in 

12 providing evidence for the prosecution of such 

13 crimes, as determined by the Secretary. 

14 ‘‘(2) ACCESS TO VIDEO RECORDS.—The owner 

15 of a vessel to which this section applies shall provide 

16 to any law enforcement official performing official 

17 duties in the course and scope of an investigation, 

18 upon request, a copy of all records of video surveil19 lance that the official believes may provide evidence 

20 of a crime reported to law enforcement officials. 

21 ‘‘(c) SAFETY INFORMATION.—The owner of a vessel 

22 to which this section applies shall provide in each pas23 senger stateroom, and post in a location readily accessible 

24 to all crew and in other places specified by the Secretary, 

25 information regarding the locations of the United States 


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1 embassy and each consulate of the United States for each 

2 country the vessel will visit during the course of the voy3 age. 

4 ‘‘(d) SEXUAL ASSAULT.—The owner of a vessel to 

5 which this section applies shall— 

6 ‘‘(1) maintain on the vessel adequate, in-date 

7 supplies of anti-retroviral medications and other 

8 medications designed to prevent sexually transmitted 

9 diseases after a sexual assault; 

10 ‘‘(2) maintain on the vessel equipment and ma11 terials for performing a medical examination in sex12 ual assault cases to evaluate the patient for trauma, 

13 provide medical care, and preserve relevant medical 

14 evidence; 

15 ‘‘(3) make available on the vessel at all times 

16 medical staff who have undergone a credentialing 

17 process to verify that he or she— 

18 ‘‘(A) possesses a current physician’s or 

19 registered nurse’s license and— 

20 ‘‘(i) has at least 3 years of post-grad21 uate or post-registration clinical practice in 

22 general and emergency medicine; or 

23 ‘‘(ii) holds board certification in emer24 gency medicine, family practice medicine, 

25 or internal medicine; 


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1 ‘‘(B) is able to provide assistance in the 

2 event of an alleged sexual assault, has received 

3 training in conducting forensic sexual assault 

4 examination, and is able to promptly perform 

5 such an examination upon request and provide 

6 proper medical treatment of a victim, including 

7 administration of anti-retroviral medications 

8 and other medications that may prevent the 

9 transmission of human immunodeficiency virus 

10 and other sexually transmitted diseases; and 

11 ‘‘(C) meets guidelines established by the 

12 American College of Emergency Physicians re13 lating to the treatment and care of victims of 

14 sexual assault; 

15 ‘‘(4) prepare, provide to the patient, and main16 tain written documentation of the findings of such 

17 examination that is signed by the patient; and 

18 ‘‘(5) provide the patient free and immediate ac19 cess to— 

20 ‘‘(A) contact information for local law en21 forcement, the Federal Bureau of Investigation, 

22 the Coast Guard, the nearest United States 

23 consulate or embassy, and the National Sexual 

24 Assault Hotline program or other third party 

25 victim advocacy hotline service; and 


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1 ‘‘(B) a private telephone line and Internet2 accessible computer terminal by which the indi3 vidual may confidentially access law enforce4 ment officials, an attorney, and the information 

5 and support services available through the Na6 tional Sexual Assault Hotline program or other 

7 third party victim advocacy hotline service. 

8 ‘‘(e) CONFIDENTIALITY OF SEXUAL ASSAULT EXAM9 INATION AND SUPPORT INFORMATION.—The master or 

10 other individual in charge of a vessel to which this section 

11 applies shall— 

12 ‘‘(1) treat all information concerning an exam13 ination under subsection (d) confidential, so that no 

14 medical information may be released to the cruise 

15 line or other owner of the vessel or any legal rep16 resentative thereof without the prior knowledge and 

17 approval in writing of the patient, or, if the patient 

18 is unable to provide written authorization, the pa19 tient’s next-of-kin, except that nothing in this para20 graph prohibits the release of— 

21 ‘‘(A) information, other than medical find22 ings, necessary for the owner or master of the 

23 vessel to comply with the provisions of sub24 section (g) or other applicable incident report25 ing laws; 


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1 ‘‘(B) information to secure the safety of 

2 passengers or crew on board the vessel; or 

3 ‘‘(C) any information to law enforcement 

4 officials performing official duties in the course 

5 and scope of an investigation; and 

6 ‘‘(2) treat any information derived from, or ob7 tained in connection with, post-assault counseling or 

8 other supportive services confidential, so no such in9 formation may be released to the cruise line or any 

10 legal representative thereof without the prior knowl11 edge and approval in writing of the patient, or, if 

12 the patient is unable to provide written authoriza13 tion, the patient’s next-of-kin. 

14 ‘‘(f) CREW ACCESS TO PASSENGER STATEROOMS.— 

15 The owner of a vessel to which this section applies shall— 

16 ‘‘(1) establish and implement procedures and 

17 restrictions concerning— 

18 ‘‘(A) which crew members have access to 

19 passenger staterooms; and 

20 ‘‘(B) the periods during which they have 

21 that access; and 

22 ‘‘(2) ensure that the procedures and restrictions 

23 are fully and properly implemented and periodically 

24 reviewed. 

25 ‘‘(g) LOG BOOK AND REPORTING REQUIREMENTS.— 


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1 ‘‘(1) IN GENERAL.—The owner of a vessel to 

2 which this section applies shall— 

3 ‘‘(A) record in a log book, either electroni4 cally or otherwise, in a centralized location 

5 readily accessible to law enforcement personnel, 

6 a report on— 

7 ‘‘(i) all complaints of crimes described 

8 in paragraph (3)(A)(i), 

9 ‘‘(ii) all complaints of theft of prop10 erty valued in excess of $1,000, and 

11 ‘‘(iii) all complaints of other crimes, 

12 committed on any voyage that embarks or dis13 embarks passengers in the United States; and 

14 ‘‘(B) make such log book available upon 

15 request to any agent of the Federal Bureau of 

16 Investigation, any member of the Coast Guard, 

17 and any law enforcement officer performing of18 ficial duties in the course and scope of an inves19 tigation. 

20 ‘‘(2) DETAILS REQUIRED.—The information re21 corded under paragraph (1) shall include, at a min22 imum— 

23 ‘‘(A) the vessel operator; 

24 ‘‘(B) the name of the cruise line; 


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1 ‘‘(C) the flag under which the vessel was 

2 operating at the time the reported incident oc3 curred; 

4 ‘‘(D) the age and gender of the victim and 

5 the accused assailant; 

6 ‘‘(E) the nature of the alleged crime or 

7 complaint, as applicable, including whether the 

8 alleged perpetrator was a passenger or a crew 

9 member; 

10 ‘‘(F) the vessel’s position at the time of the 

11 incident, if known, or the position of the vessel 

12 at the time of the initial report; 

13 ‘‘(G) the time, date, and method of the ini14 tial report and the law enforcement authority to 

15 which the initial report was made; 

16 ‘‘(H) the time and date the incident oc17 curred, if known; 

18 ‘‘(I) the total number of passengers and 

19 the total number of crew members on the voy20 age; and 

21 ‘‘(J) the case number or other identifier 

22 provided by the law enforcement authority to 

23 which the initial report was made. 

24 ‘‘(3) REQUIREMENT TO REPORT CRIMES AND

25 OTHER INFORMATION.— 


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1 ‘‘(A) IN GENERAL.—The owner of a vessel 

2 to which this section applies (or the owner’s 

3 designee)— 

4 ‘‘(i) shall contact the nearest Federal 

5 Bureau of Investigation Field Office or 

6 Legal Attache by telephone as soon as pos7 sible after the occurrence on board the ves8 sel of an incident involving homicide, sus9 picious death, a missing United States na10 tional, kidnapping, assault with serious 

11 bodily injury, any offense to which section 

12 2241, 2242, 2243, or 2244 (a) or (c) of 

13 title 18 applies, firing or tampering with 

14 the vessel, or theft of money or property in 

15 excess of $10,000 to report the incident; 

16 ‘‘(ii) shall furnish a written report of 

17 the incident to the Secretary via an Inter18 net based portal; 

19 ‘‘(iii) may report any serious incident 

20 that does not meet the reporting require21 ments of clause (i) and that does not re22 quire immediate attention by the Federal 

23 Bureau of Investigation via the Internet 

24 based portal maintained by the Secretary 

25 of Transportation; and 


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1 ‘‘(iv) may report any other criminal 

2 incident involving passengers or crew mem3 bers, or both, to the proper State or local 

4 government law enforcement authority. 

5 ‘‘(B) INCIDENTS TO WHICH SUBPARA6 GRAPH (A) APPLIES.—Subparagraph (A) ap7 plies to an incident involving criminal activity 

8 if— 

9 ‘‘(i) the vessel, regardless of registry, 

10 is owned, in whole or in part, by a United 

11 States person, regardless of the nationality 

12 of the victim or perpetrator, and the inci13 dent occurs when the vessel is within the 

14 admiralty and maritime jurisdiction of the 

15 United States and outside the jurisdiction 

16 of any State; 

17 ‘‘(ii) the incident concerns an offense 

18 by or against a United States national 

19 committed outside the jurisdiction of any 

20 nation; 

21 ‘‘(iii) the incident occurs in the Terri22 torial Sea of the United States, regardless 

23 of the nationality of the vessel, the victim, 

24 or the perpetrator; or 


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1 ‘‘(iv) the incident concerns a victim or 

2 perpetrator who is a United States na3 tional on a vessel during a voyage that de4 parted from or will arrive at a United 

5 States port. 

6 ‘‘(4) AVAILABILITY OF INCIDENT DATA VIA

7 INTERNET.— 

8 ‘‘(A) WEBSITE.—The Secretary of Trans9 portation shall maintain a statistical compila10 tion of all incidents described in paragraph 

11 (3)(A)(i) on an Internet site that provides a nu12 merical accounting of the missing persons and 

13 alleged crimes recorded in each report filed 

14 under paragraph (3)(A)(i) that are no longer 

15 under investigation by the Federal Bureau of 

16 Investigation. The data shall be updated no less 

17 frequently than quarterly, aggregated by— 

18 ‘‘(i) cruise line, with each cruise line 

19 identified by name; and 

20 ‘‘(ii) whether each crime was com21 mitted by a passenger or a crew member. 

22 ‘‘(B) ACCESS TO WEBSITE.—Each cruise 

23 line taking on or discharging passengers in the 

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1 net website to the website maintained by the 

2 Secretary under subparagraph (A). 

3 ‘‘(h) ENFORCEMENT.— 

4 ‘‘(1) PENALTIES.— 

5 ‘‘(A) CIVIL PENALTY.—Any person that 

6 violates this section or a regulation under this 

7 section shall be liable for a civil penalty of not 

8 more than $25,000 for each day during which 

9 the violation continues, except that the max10 imum penalty for a continuing violation is 

11 $50,000. 

12 ‘‘(B) CRIMINAL PENALTY.—Any person 

13 that willfully violates the log book or reporting 

14 requirements required under subsection (g) 

15 shall be fined not more than $250,000 or im16 prisoned not more than 1 year, or both. 

17 ‘‘(2) DENIAL OF ENTRY.—The Secretary may 

18 deny entry into the United States to a vessel to 

19 which this section applies if the owner of the ves20 sel— 

21 ‘‘(A) commits an act or omission for which 

22 a penalty may be imposed under this sub23 section; or 

24 ‘‘(B) fails to pay a penalty imposed on the 

25 owner under this subsection. 


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1 ‘‘(i) PROCEDURES.—Within 6 months after the date 

2 of enactment of the Cruise Vessel Security and Safety Act 

3 of 2009, the Secretary shall issue guidelines, training cur4 ricula, and inspection and certification procedures nec5 essary to carry out the requirements of this section. 

6 ‘‘(j) REGULATIONS.—The Secretary of Transpor7 tation and the Commandant shall each issue such regula8 tions as are necessary to implement this section. 

9 ‘‘(k) APPLICATION.— 

10 ‘‘(1) IN GENERAL.—This section and section 

11 3508 apply to a passenger vessel (as defined in sec12 tion 2101(22)) that— 

13 ‘‘(A) is authorized to carry at least 250 

14 passengers; 

15 ‘‘(B) has onboard sleeping facilities for 

16 each passenger; 

17 ‘‘(C) is on a voyage that embarks or dis18 embarks passengers in the United States; and 

19 ‘‘(D) is not engaged on a coastwise voyage. 

20 ‘‘(2) FEDERAL AND STATE VESSELS.—This sec21 tion and section 3508 do not apply to a vessel that 

22 is owned and operated by the United States Govern23 ment or a vessel that is owned and operated by a 

24 State. 


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1 ‘‘(l) OWNER DEFINED.—In this section and section 

2 3508, the term ‘owner’ means the owner, charterer, man3 aging operator, master, or other individual in charge of 

4 a vessel. 

5 ‘‘§ 3508. Crime scene preservation training for pas6 senger vessel crew members 

7 ‘‘(a) IN GENERAL.—Within 1 year after the date of 

8 enactment of the Cruise Vessel Security and Safety Act 

9 of 2009, the Secretary, in consultation with the Director 

10 of the Federal Bureau of Investigation and the Maritime 

11 Administrator, shall develop training standards and cur12 ricula to allow for the certification of passenger vessel se13 curity personnel, crew members, and law enforcement offi14 cials on the appropriate methods for prevention, detection, 

15 evidence preservation, and reporting of criminal activities 

16 in the international maritime environment. The Adminis17 trator of the Maritime Administration may certify organi18 zations in the United States and abroad that offer the cur19 riculum for training and certification under subsection (c). 

20 ‘‘(b) MINIMUM STANDARDS.—The standards estab21 lished by the Secretary under subsection (a) shall in22 clude— 

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1 forcement and security guidelines, policies, and pro2 cedures, including recommendations for incor3 porating a background check process for personnel 

4 trained and certified in foreign countries; 

5 ‘‘(2) the training of students and instructors in 

6 all aspects of prevention, detection, evidence preser7 vation, and reporting of criminal activities in the 

8 international maritime environment; and 

9 ‘‘(3) the provision or recognition of off-site 

10 training and certification courses in the United 

11 States and foreign countries to develop and provide 

12 the required training and certification described in 

13 subsection (a) and to enhance security awareness 

14 and security practices related to the preservation of 

15 evidence in response to crimes on board passenger 

16 vessels. 

17 ‘‘(c) CERTIFICATION REQUIREMENT.—Beginning 2 

18 years after the standards are established under subsection 

19 (b), no vessel to which this section applies may enter a 

20 United States port on a voyage (or voyage segment) on 

21 which a United States citizen is a passenger unless there 

22 is at least 1 crew member onboard who is certified as hav23 ing successfully completed training in the prevention, de24 tection, evidence preservation, and reporting of criminal 


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1 activities in the international maritime environment on 

2 passenger vessels under subsection (a). 

3 ‘‘(d) INTERIM TRAINING REQUIREMENT.—No vessel 

4 to which this section applies may enter a United States 

5 port on a voyage (or voyage segment) on which a United 

6 States citizen is a passenger unless there is at least 1 crew 

7 member onboard who has been properly trained in the pre8 vention, detection, evidence preservation and the reporting 

9 requirements of criminal activities in the international 

10 maritime environment. The owner of such a vessel shall 

11 maintain certification or other documentation, as pre12 scribed by the Secretary, verifying the training of such in13 dividual and provide such documentation upon request for 

14 inspection in connection with enforcement of the provi15 sions of this section. This subsection shall take effect 1 

16 year after the date of enactment of the Cruise Vessel Safe17 ty and Security Act of 2009 and shall remain in effect 

18 until superseded by the requirements of subsection (c). 

19 ‘‘(e) CIVIL PENALTY.—Any person that violates this 

20 section or a regulation under this section shall be liable 

21 for a civil penalty of not more than $50,000. 

22 ‘‘(f) DENIAL OF ENTRY.—The Secretary may deny 

23 entry into the United States to a vessel to which this sec24 tion applies if the owner of the vessel— 


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1 ‘‘(1) commits an act or omission for which a 

2 penalty may be imposed under subsection (e); or 

3 ‘‘(2) fails to pay a penalty imposed on the 

4 owner under subsection (e).’’. 

5 (b) CLERICAL AMENDMENT.—The table of contents 

6 for such chapter is amended by adding at the end the fol7 lowing: 

‘‘3507. Passenger vessel security and safety requirements. 

‘‘3508. Crime scene preservation training for passenger vessel crew members.’’. 

8 SEC. 904. STUDY AND REPORT ON THE SECURITY NEEDS OF 

9 PASSENGER VESSELS. 

10 (a) IN GENERAL.—Within 3 months after the date 

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

12 in which the Coast Guard is operating shall conduct a 

13 study of the security needs of passenger vessels depending 

14 on number of passengers on the vessels, and report to the 

15 Congress findings of the study and recommendations for 

16 improving security on those vessels. 

17 (b) REPORT CONTENTS.—In recommending appro18 priate security on those vessels, the report shall take into 

19 account typical crew member shifts, working conditions of 

20 crew members, and length of voyages. 


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1 TITLE X—UNITED STATES 

2 MARINER PROTECTION 

3 SEC. 1001. SHORT TITLE. 

4 This title may be cited as the ‘‘United States Mariner 

5 and Vessel Protection Act of 2009’’. 

6 SEC. 1002. USE FORCE AGAINST PIRACY. 

7 (a) IN GENERAL.—Chapter 81 of title 46, United 

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

10 ‘‘§ 8107. Use of force against piracy 

11 ‘‘A person who uses force at sea to defend a vessel 

12 against an act of piracy shall not be liable for monetary 

13 damages in any action brought with respect to harm 

14 caused by such use of force to anyone engaging in such 

15 act of piracy, unless the person using such force knew at 

16 the time that it was substantially in excess of what was 

17 reasonable in defending the vessel against such act of pi18 racy.’’. 

19 (b) CLERICAL AMENDMENT.—The analysis at the be20 ginning of such chapter is amended by adding at the end 

21 the following new item: 

‘‘8107. Use of force against piracy.’’. 

22 SEC. 1003. AGREEMENTS. 

23 To carry out the purpose of this title, the Secretary 

24 of the department in which the Coast Guard is operating 


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1 shall work through the International Maritime Organiza2 tion to establish agreements to promote coordinated action 

3 among flag- and port-states to deter, protect against, and 

4 rapidly respond to acts of piracy against the vessels of, 

5 and in the waters under the jurisdiction of, those nations, 

6 and to ensure limitations on liability similar to those es7 tablished by section 8107 of title 46, United States Code, 

8 as amended by this title. 

9 TITLE XI—PORT SECURITY 

10 SEC. 1101. AMERICA’S WATERWAY WATCH PROGRAM. 

11 (a) SHORT TITLE.— This section may be cited as the 

12 ‘‘America’s Waterway Watch Act’’. 

13 (b) SENSE OF CONGRESS.—It is the sense of Con14 gress that the Secretary of Homeland Security should es15 tablish, within the Department of Homeland Security, cit16 izen watch programs that promote voluntary reporting of 

17 suspected terrorist activity and suspicious behavior. 

18 (c) AMERICA’S WATERWAY WATCH PROGRAM.— 

19 (1) IN GENERAL.—There is hereby established, 

20 within the Coast Guard, the America’s Waterway 

21 Watch Program (hereinafter in this section referred 

22 to as the ‘‘Program’’). 

23 (2) PURPOSE.—The Secretary of Homeland Se24 curity, acting through the Commandant of the Coast 

25 Guard, shall administer the Program in a manner 


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1 that promotes voluntary reporting of activities that 

2 may indicate that a person or persons may be pre3 paring to engage or engaging in a violation of law 

4 relating to a threat or an act of terrorism (as that 

5 term is defined in section 3077 of title 18, United 

6 States Code) against a vessel, facility, port, or wa7 terway. 

8 (3) INFORMATION; TRAINING.— 

9 (A) INFORMATION.—The Secretary, acting 

10 through the Commandant, may establish, as an 

11 element of the Program, a network of individ12 uals and community-based organizations that 

13 enhance the situational awareness within the 

14 Nation’s ports and waterways. Such network 

15 shall, to the extent practicable, be conducted in 

16 cooperation with Federal, State, and local law 

17 enforcement agencies. 

18 (B) TRAINING.—The Secretary, acting 

19 through the Commandant, may provide training 

20 in— 

21 (i) observing and reporting on covered 

22 activities; and 

23 (ii) sharing such reports and coordi24 nating the response by Federal, State, and 

25 local law enforcement agencies. 


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1 (4) INSTRUCTIONAL MATERIALS.— 

2 (A) IN GENERAL.—The Secretary of 

3 Homeland Security, acting throgh the Com4 mandant of the Coast Guard, may— 

5 (i) develop instructional materials 

6 that— 

7 (I) provide information on inland 

8 waterways, ports and harbors, and 

9 coastal regions for a specific region, 

10 as well as specific vulnerabilities and 

11 threats common to a specific region; 

12 and 

13 (II) promote voluntary reporting 

14 of activities that may indicate that a 

15 person or persons may be preparing 

16 to engage or engaging in a violation of 

17 law relating to a threat or an act of 

18 terrorism (as that term is defined in 

19 section 3077 of title 18, United States 

20 Code) against a vessel, facility, port, 

21 or waterway; and 

22 (ii) distribute such materials to 

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1 ation in conjunction with any other in2 struction provided. 

3 (B) DISSEMINATION.—The Secretary, act4 ing throgh the Commandant— 

5 (i) shall ensure that such materials 

6 are made available to any person or per7 sons; and 

8 (ii) is authorized to require, as a con9 dition of receipt of funding or materials, 

10 pursuant to subparagraph (A), that the re11 cipient of such funding or materials devel12 ops a program to reach the widest possible 

13 audience. 

14 (C) ELIGIBILITY, FEDERAL ASSISTANCE.— 

15 The receipt, use, and dissemination of such ma16 terials shall not diminish the eligibility of any 

17 State, political subdivision of such State, or 

18 non-governmental organization to receive Fed19 eral assistance or reduce the amount of Federal 

20 assistance that such State, political subdivision 

21 of such State, or non-governmental organization 

22 that otherwise receive. 

23 (5) VOLUNTARY PARTICIPATION.—Participation 

24 in the Program— 

25 (A) shall be wholly voluntary; 


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1 (B) shall not be a prerequisite to eligibility 

2 for, or receipt of, any other service or assistance 

3 from, or to participation in, any other program 

4 of any kind; and 

5 (C) shall not require disclosure of informa6 tion regarding the individual reporting covered 

7 activities or, for proprietary purposes, the loca8 tion of such individual. 

9 (6) DEFINITIONS.—In this subsection: 

10 (A) The term ‘‘covered activity’’ means any 

11 suspicious transaction, activity, or occurrence 

12 that involves, or is directed against, a vessel or 

13 facility (as that term is defined in section 

14 70101(2) of title 46, United States Code) indi15 cating that an individual or individuals may be 

16 preparing to engage, or engaging, in a violation 

17 of law relating to— 

18 (i) a threat to a vessel, facility, port, 

19 or waterway; or 

20 (ii) an act of terrorism (as that term 

21 is defined in section 3077 of title 18, 

22 United States Code). 

23 (B) The term ‘‘facility’’ has the same 

24 meaning such term has in section 70101(2) of 

25 title 46, United States Code. 


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1 (7) AUTHORIZATION OF APPROPRIATIONS.— 

2 There is authorized to be appropriated for the pur3 poses of this section $3,000,000 for fiscal years 

4 2010 through 2015. Such funds shall remain avail5 able until expended. 

6 (d) COORDINATION.— The Secretary shall coordinate 

7 the Program with other like watch programs. The Sec8 retary shall submit, concurrent with the President’s budg9 et submission for each fiscal year, a report on coordination 

10 of the Program and like watch programs within the De11 partment of Homeland Security to the Committee on 

12 Homeland Security and Governmental Affairs of the Sen13 ate and the Committee on Homeland Security of the 

14 House of Representatives. 

15 SEC. 1102. TRANSPORTATION WORKER IDENTIFICATION 

16 CREDENTIAL. 

17 (a) IN GENERAL.—Not later than 120 days after 

18 completing the pilot program under section 70105(k)(1) 

19 of title 46, United States Code, to test TWIC access con20 trol technologies at port facilities and vessels nationwide, 

21 the Secretary of Homeland Security shall submit to the 

22 Committee on Homeland Security and the Committee on 

23 Transportation and Infrastructure of the House of Rep24 resentatives, the Committee on Commerce, Science, and 

25 Transportation of the Senate, and the Committee on 


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1 Homeland Security and Governmental Affairs of the Sen2 ate and to the Comptroller General a report containing 

3 an assessment of the results of the pilot. The report shall 

4 include— 

5 (1) the findings of the pilot program with re6 spect to key technical and operational aspects of im7 plementing TWIC technologies in the maritime sec8 tor; 

9 (2) a comprehensive listing of the extent to 

10 which established metrics were achieved during the 

11 pilot program; and 

12 (3) an analysis of the viability of those tech13 nologies for use in the maritime environment, includ14 ing any challenges to implementing those tech15 nologies and strategies for mitigating identified chal16 lenges. 

17 (b) GAO ASSESSMENT.—The Comptroller General 

18 shall review the report and submit to the Committee on 

19 Homeland Security and the Committee on Transportation 

20 and Infrastructure of the House of Representatives, the 

21 Committee on Commerce, Science, and Transportation of 

22 the Senate, and the Committee on Homeland Security and 

23 Governmental Affairs of the Senate an assessment of the 

24 report’s findings and recommendations. 


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1 SEC. 1103. REVIEW OF INTERAGENCY OPERATIONAL CEN2 TERS. 

3 (a) IN GENERAL.—Within 180 days of enactment of 

4 this Act, the Department of Homeland Security Inspector 

5 General shall provide a report to the Committee on Home6 land Security and the Committee on Transportation and 

7 Infrastructure of the House of Representatives and the 

8 Committees on Homeland Security and Governmental Af9 fairs and Commerce, Science, and Transportation of the 

10 Senate concerning the establishment of Interagency Oper11 ational Centers for Port Security required by section 108 

12 of the SAFE Port Act (Public Law 109–347). 

13 (b) REPORT.—The report shall include— 

14 (1) an examination of the Department’s efforts 

15 to establish the Interagency Operational Centers; 

16 (2) a timeline for construction; 

17 (3) a detailed breakdown, by center, as to the 

18 incorporation of those representatives required by 

19 section 70107A(b)(3) of title 46, United States 

20 Code; 

21 (4) an analysis of the hurdles faced by the De22 partment in developing these centers; 

23 (5) information on the number of security clear24 ances attained by State, local, and tribal officials 

25 participating in the program; and 


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1 (6) an examination of the relationship between 

2 the Interagency Operational Centers and State, 

3 local, and regional fusion centers participating in the 

4 Department of Homeland Security’s State, Local, 

5 and Regional Fusion Center Initiative under section 

6 511 of the Implementing the Recommendations of 

7 the 9/11 Commission Act of 2007 (Public Law 110– 

8 53), with a particular emphasis on— 

9 (A) how the centers collaborate and coordi10 nate their efforts; 

11 (B) the resources allocated by the Coast 

12 Guard to both initiatives; and 

13 (C) architecture for integrated interagency 

14 targeting. 

15 SEC. 1104. MARITIME SECURITY RESPONSE TEAMS. 

16 (a) IN GENERAL.—Section 70106 of title 46, United 

17 States Code, is amended by striking subsection (c) and 

18 inserting the following: 

19 ‘‘(c) MARITIME SECURITY RESPONSE TEAMS.— 

20 ‘‘(1) IN GENERAL.—In addition to the maritime 

21 safety and security teams, the Secretary shall estab22 lish no less than two maritime security response 

23 teams to act as the Coast Guard’s rapidly deployable 

24 counterterrorism and law enforcement response 


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1 units that can apply advanced interdiction skills in 

2 response 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 

9 the maximum extent feasible, each maritime safety and 

10 security team and maritime security response team shall 

11 coordinate its activities with other Federal, State, and 

12 local 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 ‘‘de17 tection canine team’’ means a canine and a canine 

18 handler that are trained to detect narcotics or explo19 sives, 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 

25 Secretary 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 

5 through fiscal year 2012; and 

6 (B) encourage owners and operators of 

7 port facilities, passenger cruise liners, ocean8 going cargo vessels, and other vessels identified 

9 by the Secretary to strengthen security through 

10 the use of highly trained detection canine 

11 teams. 

12 (2) CANINE PROCUREMENT.—The Secretary, 

13 acting through the Commandant of the Coast 

14 Guard, shall— 

15 (A) procure detection canine teams as effi16 ciently as possible, including, to the greatest ex17 tent possible, through increased domestic breed18 ing, while meeting the performance needs and 

19 criteria established by the Commandant; 

20 (B) support expansion and upgrading of 

21 existing canine training facilities operated by 

22 the Department of Homeland Security; and 

23 (C) as appropriate, partner with other 

24 Federal, State, or local agencies, nonprofit or25 ganizations, universities, or the private sector to 


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1 increase 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 

5 on risk, consistent with the Security and Accountability 

6 For 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 nec9 essary to carry out this section for fiscal years 2010 

10 through 2012. 

11 SEC. 1106. COAST GUARD PORT ASSISTANCE PROGRAM. 

12 (a) IN GENERAL.—Section 70110 of title 46, United 

13 States Code, is amended by adding at the end the fol14 lowing: 

15 ‘‘(f) COAST GUARD ASSISTANCE PROGRAM.— 

16 ‘‘(1) IN GENERAL.—The Secretary may lend, 

17 lease, donate, or otherwise provide equipment, and 

18 provide technical training and support, to the owner 

19 or operator of a foreign port or facility— 

20 ‘‘(A) to assist in bringing the port or facil21 ity into compliance with applicable International 

22 Ship and Port Facility Code standards; 

23 ‘‘(B) to assist the port or facility in meet24 ing standards established under section 70109A 

25 of 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 compli10 ance with those standards and to maintain com11 pliance with them; 

12 ‘‘(B) may not provide such assistance un13 less the port or facility has been subjected to a 

14 comprehensive port security assessment by the 

15 Coast Guard or a third party entity certified by 

16 the Secretary under section 70110A(b) to vali17 date foreign port or facility compliance with 

18 International Ship and Port Facility Code 

19 standards; and 

20 ‘‘(C) may only lend, lease, or otherwise 

21 provide equipment that the Secretary has first 

22 determined is not required by the Coast Guard 

23 for the performance of its missions.’’. 

24 (b) SAFETY AND SECURITY ASSISTANCE FOR FOR25 EIGN 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 

4 Secretary shall establish a strategic plan to utilize 

5 those assistance programs to assist ports and facili6 ties that are found by the Secretary under sub7 section (a) not to maintain effective antiterrorism 

8 measures in the implementation of port security 

9 antiterrorism measures.’’. 

10 (2) CONFORMING AMENDMENTS.— 

11 (A) Section 70110 of title 46, United 

12 States 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 

19 ‘‘PORTS, FACILITIES,’’. 

20 (B) The chapter analysis for chapter 701 

21 of 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 Se4 curity, acting through the Commandant of the Coast 

5 Guard, shall conduct, in the maritime environment, a pro6 gram for the mobile biometric identification of suspected 

7 individuals, including terrorists, to enhance border secu8 rity and for 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 

15 to the Committees on Appropriations and Homeland Secu16 rity of the House of Representatives and the Committees 

17 on Appropriations and Homeland Security and Govern18 mental Affairs of the Senate an analysis of the cost of 

19 expanding the Coast Guard’s biometric identification ca20 pabilities for use by the Coast Guards Deployable Oper21 ations Group, cutters, stations, and other deployable mari22 time teams considered appropriate by the Secretary, and 

23 any other appropriate Department of Homeland Security 

24 maritime vessels and units. The analysis may include a 

25 tiered plan for the deployment of this program that gives 

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1 viduals suspected of making illegal border crossings 

2 through the maritime environment. 

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

4 the term ‘‘biometric identification’’ means use of finger5 print and digital photography images and facial and iris 

6 scan technology. 

7 (e) STUDY ON COMBINATION OF FACIAL AND IRIS

8 RECOGNITION.— 

9 (1) STUDY REQUIRED.—The Secretary of 

10 Homeland Security shall carry out a study on the 

11 use by the Coast Guard of the combination of facial 

12 and iris recognition to rapidly identify individuals 

13 for security purposes. Such study shall focus on— 

14 (A) increased accuracy of facial recogni15 tion; 

16 (B) enhancement of existing iris recogni17 tion technology; and 

18 (C) establishment of integrated face and 

19 iris features for accurate identification of indi20 viduals. 

21 (2) PURPOSE OF STUDY.—The purpose of the 

22 study required by paragraph (1) is to facilitate the 

23 use of a combination of facial and iris recognition to 

24 provide a higher probability of success in identifica25 tion than either approach on its own and to achieve 


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1 transformational advances in the flexibility, authen2 ticity, and overall capability of integrated biometric 

3 detectors and satisfy one of major issues with war 

4 against terrorists. The operational goal of the study 

5 should be to provide the capability to nonintrusively 

6 collect biometrics (face image, iris) in an accurate 

7 and expeditious manner to assist the Coast Guard in 

8 fulfilling its mission to protect and support national 

9 security. 

10 SEC. 1108. REVIEW OF POTENTIAL THREATS. 

11 Not later than 1 year after the date of enactment 

12 of this Act, the Secretary of Homeland Security shall sub13 mit to the Committee on Homeland Security and the Com14 mittee on Transportation and Infrastructure of the House 

15 of Representatives and the Committee on Commerce, 

16 Science, and Transportation of the Senate a report ana17 lyzing the threat, vulnerability, and consequence of a ter18 rorist attack on gasoline and chemical cargo shipments in 

19 port activity areas in the United States. 

20 SEC. 1109. PORT SECURITY PILOT. 

21 The Secretary of Homeland Security shall establish 

22 a pilot program to test and deploy preventive radiological 

23 or nuclear detection equipment on Coast Guard vessels 

24 and other locations in select port regions to enhance bor25 der security and for other purposes. The pilot program 


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1 shall leverage existing Federal grant funding to support 

2 this program and the procurement of additional equip3 ment. 

4 SEC. 1110. SEASONAL WORKERS. 

5 (a) STUDY.—The Comptroller General of the United 

6 States shall conduct a study on the effects that the Trans7 portation Worker Identification Credential (in this section 

8 referred to as ‘‘TWIC’’) required by section 70105 of title 

9 46, United States Code, has on companies that employ 

10 seasonal employees. 

11 (b) REPORT.—Not later than one year after the date 

12 of enactment of this Act, the Comptroller General shall 

13 submit a report to the Committee on Homeland Security 

14 and the Committee on Transportation and Infrastructure 

15 of the House of Representatives and the Committee on 

16 Commerce, Science, and Transportation of the Senate on 

17 the results of the study, including— 

18 (1) costs associated in requiring seasonal em19 ployees to obtain TWIC cards on companies; 

20 (2) whether the Coast Guard and Transpor21 tation Security Administration are processing TWIC 

22 applications quickly enough for seasonal workers to 

23 obtain TWIC certification; 

24 (3) whether TWIC compliance costs or other 

25 factors have led to a reduction in service; 


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1 (4) the impact of TWIC on the recruiting and 

2 hiring of seasonal and other temporary employees; 

3 and 

4 (5) an assessment of possible alternatives to 

5 TWIC certification that may be used for seasonal 

6 employees including any security vulnerabilities cre7 ated by those alternatives. 

8 SEC. 1111. PILOT PROGRAM FOR FINGERPRINTING OF MAR9 ITIME WORKERS. 

10 (a) IN GENERAL.—Within 180 days after the date 

11 of enactment of this Act, the Secretary of Homeland Secu12 rity shall establish procedures providing for an individual 

13 who is required to be fingerprinted for purposes of obtain14 ing a transportation security card under section 70105 of 

15 title 46, United States Code, to be fingerprinted at any 

16 facility operated by or under contract with an agency of 

17 the Department of Homeland Security that fingerprints 

18 the public for the Department. 

19 (b) EXPIRATION.—This section expires on December 

20 31, 2012. 

21 SEC. 1112. TRANSPORTATION SECURITY CARDS ON VES22 SELS. 

23 Section 70105(b)(2) of title 46, United States Code, 

24 is amended— 


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1 (1) in subparagraph (B), by inserting after 

2 ‘‘title’’ the following: ‘‘allowed unescorted access to 

3 a secure area designated in a vessel security plan ap4 proved under section 70103 of this title’’; and 

5 (2) in subparagraph (D), by inserting after 

6 ‘‘tank vessel’’ the following: ‘‘allowed unescorted ac7 cess to a secure area designated in a vessel security 

8 plan approved under section 70103 of this title’’. 

9 SEC. 1113. INTERNATIONAL LABOR STUDY. 

10 The Comptroller General of the United States shall 

11 conduct a study of methods to conduct a background secu12 rity investigation of an individual who possesses a biomet13 ric identification card that complies with International 

14 Labor Convention number 185 that are equivalent to the 

15 investigation conducted on individuals applying for a visa 

16 to enter the United States. The Comptroller General shall 

17 submit a report on the study within 180 days after the 

18 date of enactment of this Act to the Committee on Trans19 portation and Infrastructure and the Committee on 

20 Homeland Security of the House of Representatives and 

21 the Committee on Commerce, Science, and Transportation 

22 of the Senate. 

23 SEC. 1114. MARITIME SECURITY ADVISORY COMMITTEES. 

24 Section 70112 of title 46, United States Code, is 

25 amended— 


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1 (1) by amending subsection (b)(5) to read as 

2 follows: 

3 ‘‘(5)(A) The National Maritime Security Advisory 

4 Committee shall be composed of— 

5 ‘‘(i) at least 1 individual who represents the in6 terests of the port authorities; 

7 ‘‘(ii) at least 1 individual who represents the in8 terests of the facilities owners or operators; 

9 ‘‘(iii) at least 1 individual who represents the 

10 interests of the terminal owners or operators; 

11 ‘‘(iv) at least 1 individual who represents the 

12 interests of the vessel owners or operators; 

13 ‘‘(v) at least 1 individual who represents the in14 terests of the maritime labor organizations; 

15 ‘‘(vi) at least 1 individual who represents the 

16 interests of the academic community; 

17 ‘‘(vii) at least 1 individual who represents the 

18 interests of State or local governments; and 

19 ‘‘(viii) at least 1 individual who represents the 

20 interests of the maritime industry. 

21 ‘‘(B) Each Area Maritime Security Advisory Com22 mittee shall be composed of individuals who represents the 

23 interests of the port industry, terminal operators, port 

24 labor organizations, and other users of the port areas.’’; 

25 and 


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1 (2) in subsection (g)— 

2 (A) in paragraph (1)(A), by striking 

3 ‘‘2008;’’ and inserting ‘‘2010;’’; 

4 (B) by repealing paragraph (2); 

5 (C) by striking ‘‘(1)’’; and 

6 (D) by redesignating subparagraphs (A) 

7 and (B) as paragraphs (1) and (2). 

8 SEC. 1115. SEAMEN’S SHORESIDE ACCESS. 

9 Each facility security plan approved under section 

10 70103(c) of title 46, United States Code, shall provide a 

11 system for seamen assigned to a vessel at that facility, 

12 pilots, and representatives of seamen’s welfare and labor 

13 organizations to board and depart the vessel through the 

14 facility in a timely manner at no cost to the individual. 

15 SEC. 1116. WATERSIDE SECURITY OF CERTAIN DANGEROUS 

16 CARGO. 

17 (a) NATIONAL STUDY.— 

18 (1) IN GENERAL.—The Secretary of Homeland 

19 Security, acting through the Commandant of the 

20 Coast Guard, shall— 

21 (A) initiate a national study to identify 

22 measures to improve the security of maritime 

23 transportation of certain dangerous cargo; and 

24 (B) coordinate with other Federal agen25 cies, the National Maritime Security Advisory 


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1 Committee, and appropriate State and local 

2 government officials through the Area Maritime 

3 Security Committees and other existing coordi4 nating committees, to evaluate the waterside se5 curity of vessels carrying, and waterfront facili6 ties handling, certain dangerous cargo. 

7 (2) MATTERS TO BE INCLUDED.—The study 

8 conducted under this subsection shall include— 

9 (A) an analysis of existing risk assessment 

10 information relating to waterside security gen11 erated by the Coast Guard and Area Maritime 

12 Security Committees as part of the Maritime 

13 Security Risk Assessment Model; 

14 (B) a review and analysis of appropriate 

15 roles and responsibilities of maritime stake16 holders, including Federal, State, and local law 

17 enforcement and industry security personnel, 

18 responsible for waterside security of vessels car19 rying, and waterfront facilities handling, certain 

20 dangerous cargo, including— 

21 (i) the number of ports in which State 

22 and local law enforcement entities are pro23 viding any services to enforce Coast 

24 Guard-imposed security zones around ves25 sels transiting to, through, or from United 


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1 States ports or to conduct security patrols 

2 in United States ports; 

3 (ii) the number of formal agreements 

4 entered into between the Coast Guard and 

5 State and local law enforcement entities to 

6 engage State and local law enforcement en7 tities in the enforcement of Coast Guard8 imposed security zones around vessels 

9 transiting to, through, or from United 

10 States ports or the conduct of port security 

11 patrols in United States ports, the dura12 tion of those agreements, and the aid that 

13 State and local entities are engaged to pro14 vide through such agreements; 

15 (iii) the extent to which the Coast 

16 Guard has set national standards for train17 ing, equipment, and resources to ensure 

18 that State and local law enforcement enti19 ties engaged in enforcing Coast Guard-im20 posed security zones around vessels 

21 transiting to, through, or from United 

22 States ports or in conducting port security 

23 patrols in United States ports (or both) 

24 can deter to the maximum extent prac25 ticable a transportation security incident; 


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1 (iv) the extent to which the Coast 

2 Guard has assessed the ability of State 

3 and local law enforcement entities to carry 

4 out the security assignments that they 

5 have been engaged to perform, including 

6 their ability to meet any national stand7 ards for training, equipment, and resources 

8 that have been established by the Coast 

9 Guard in order to ensure that those enti10 ties can deter to the maximum extent prac11 ticable a transportation security incident; 

12 (v) the extent to which State and local 

13 law enforcement entities are able to meet 

14 national standards for training, equipment, 

15 and resources established by the Coast 

16 Guard to ensure that those entities can 

17 deter to the maximum extent practicable a 

18 transportation security incident; 

19 (vi) the differences in law enforcement 

20 authority, and particularly boarding au21 thority, between the Coast Guard and 

22 State and local law enforcement entities, 

23 and the impact that these differences have 

24 on the ability of State and local law en25 forcement entities to provide the same level 


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1 of security that the Coast Guard provides 

2 during the enforcement of Coast Guard-im3 posed security zones and the conduct of se4 curity patrols in United States ports; and 

5 (vii) the extent of resource, training, 

6 and equipment differences between State 

7 and local law enforcement entities and the 

8 Coast Guard units engaged in enforcing 

9 Coast Guard-imposed security zones 

10 around vessels transiting to, through, or 

11 from United States ports or conducting se12 curity patrols in United States ports; 

13 (C) recommendations for risk-based secu14 rity measures to improve waterside security of 

15 vessels carrying, and waterfront facilities han16 dling, certain dangerous cargo; and 

17 (D) identification of security funding alter18 natives, including an analysis of the potential 

19 for cost-sharing by the public and private sec20 tors as well as any challenges associated with 

21 such cost-sharing. 

22 (3) INFORMATION PROTECTION.—In carrying 

23 out the coordination necessary to effectively com24 plete the study, the Commandant shall implement 

25 measures to ensure the protection of any sensitive 


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1 security information, proprietary information, or 

2 classified information collected, reviewed, or shared 

3 during collaborative engagement with maritime 

4 stakeholders and other Government entities, except 

5 that nothing in this paragraph shall constitute au6 thority to withhold information from— 

7 (A) the Congress; or 

8 (B) first responders requiring such infor9 mation for the protection of life or property. 

10 (4) REPORT.—Not later than 12 months after 

11 the date of enactment of this Act, the Secretary, act12 ing through the Commandant, shall submit to the 

13 Committees on Homeland Security and Transpor14 tation and Infrastructure of the House of Represent15 atives and the Committees on Commerce, Science, 

16 and Transportation and Homeland Security and 

17 Governmental Affairs of the Senate a report on the 

18 results of the study under this subsection. 

19 (b) NATIONAL STRATEGY.—Not later than 6 months 

20 after submission of the report required by subsection (a), 

21 the Secretary, acting through the Commandant, shall de22 velop, in conjunction with appropriate Federal agencies, 

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1 gerous cargo. The strategy shall utilize the results of the 

2 study required by subsection (a). 

3 (c) SECURITY OF CERTAIN DANGEROUS CARGO.— 

4 (1) ENFORCEMENT OF SECURITY ZONES.—Con5 sistent with other provisions of Federal law, the 

6 Coast Guard shall coordinate and be responsible for 

7 the enforcement of any Federal security zone estab8 lished by the Coast Guard around a vessel con9 taining certain dangerous cargo. The Coast Guard 

10 shall allocate available resources so as to deter and 

11 respond to a transportation security incident, to the 

12 maximum extent practicable, and to protect lives or 

13 protect property in danger. 

14 (2) LIMITATION ON RELIANCE ON STATE AND

15 LOCAL GOVERNMENT.—Any security arrangement 

16 approved after the date of enactment of this Act to 

17 assist in the enforcement of any security zone estab18 lished by the Coast Guard around a vessel carrying 

19 a certain dangerous cargo or around a waterfront fa20 cility handling a certain dangerous cargo may not be 

21 based upon the provision of security by a State or 

22 local government unless the Secretary, acting 

23 through the Commandant of the Coast Guard, en24 sures that the waterborne patrols operated as part 

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1 ernment have the training, resources, personnel, and 

2 experience necessary to carry out the security re3 sponsibilities that they have been engaged to per4 form in order, to the maximum extent practicable, to 

5 deter and respond to a transportation security inci6 dent. 

7 (3) DETERMINATION REQUIRED FOR NEW FA8 CILITIES.—The Secretary of Homeland Security, 

9 acting through the Commandant of the Coast 

10 Guard, may not approve a facility security plan 

11 under section 70103 of title 46, United States Code, 

12 for a new facility the construction of which is begun 

13 after the date of enactment of this Act, that receives 

14 or ships through maritime commerce certain dan15 gerous cargo unless the Secretary determines that 

16 there are sufficient resources available to ensure 

17 compliance with the facility security plan. 

18 (4) RESOURCE DEFICIENCY REPORTING.—The 

19 Secretary, acting through the Commandant of the 

20 Coast Guard, shall provide to the Committees on 

21 Homeland Security and Transportation and Infra22 structure of the House of Representatives and the 

23 Committees on Commerce, Science, and Transpor24 tation and Homeland Security and Governmental 


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1 Affairs of the Senate 90 days after the end of each 

2 fiscal year a report indicating— 

3 (A) the number of security zones estab4 lished for certain dangerous cargo shipments; 

5 (B) the number of certain dangerous cargo 

6 shipments provided a waterborne security es7 cort, subdivided by Federal, State, local, or pri8 vate security; and 

9 (C) an assessment as to any additional ves10 sels, personnel, infrastructure, and other re11 sources necessary to provide waterborne escorts 

12 to those certain dangerous cargo shipments for 

13 which a security zone is established. 

14 (d) DEFINITIONS.—For the purposes of this section, 

15 the follow definitions apply: 

16 (1) CERTAIN DANGEROUS CARGO.—The term 

17 ‘‘certain dangerous cargo’’ means a material, or a 

18 group or class of material, in a particular amount 

19 and form that the Secretary, though the Com20 mandant, determines by regulation poses a signifi21 cant risk of creating a transportation security inci22 dent while being transported in maritime commerce. 

23 (2) AREA MARITIME SECURITY COMMITTEE.— 

24 The term ‘‘Area Maritime Security Committee’’ 

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1 ducing Area Maritime Transportation Security Plans 

2 under chapter 701 of title 46, United States Code. 

3 (3) TRANSPORTATION SECURITY INCIDENT.— 

4 The term ‘‘transportation security incident’’ has the 

5 same meaning as that term has in section 70101 of 

6 title 46, United States Code. 

7 SEC. 1117. REVIEW OF LIQUEFIED NATURAL GAS FACILI8 TIES. 

9 (a) NOTICE OF RECOMMENDATION.—Consistent with 

10 other provisions of law, the Secretary of Homeland Secu11 rity must notify the Federal Energy Regulatory Commis12 sion when a recommendation is made that the waterway 

13 to a proposed waterside liquefied natural gas facility is 

14 suitable or unsuitable for the marine traffic associated 

15 with such facility. 

16 (b) FEDERAL ENERGY REGULATORY COMMISSION

17 RESPONSE.—The Federal Energy Regulatory Commission 

18 shall respond to the Secretary’s recommendation under 

19 subsection (a) by informing the Secretary within 90 days 

20 of notification or at the conclusion of any available appeal 

21 process, whichever is later, of what action the Commission 

22 has taken, pursuant to its authorities under the Natural 

23 Gas Act, regarding a proposal to construct and operate 

24 a waterside liquefied natural gas facility subject to a deter25 mination made under subsection (a). 


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1 SEC. 1118. USE OF SECONDARY AUTHENTICATION FOR 

2 TRANSPORTATION SECURITY CARDS. 

3 The Secretary of Homeland Security may use a sec4 ondary authentication system for individuals applying for 

5 transportation security cards when fingerprints are not 

6 able to be taken or read to enhance transportation secu7 rity. 

8 SEC. 1119. ASSESSMENT OF TRANSPORTATION SECURITY 

9 CARD ENROLLMENT SITES. 

10 (a) IN GENERAL.—Not later than 30 days after the 

11 date of the enactment of this Act, the Secretary of Home12 land Security shall prepare an assessment of the enroll13 ment sites for transportation security cards issued under 

14 section 70105 of title 46, United States Code, including— 

15 (1) the feasibility of keeping those enrollment 

16 sites open after the date of enactment of this Act; 

17 and 

18 (2) the quality of customer service, including 

19 the periods of time individuals are kept on hold on 

20 the telephone, whether appointments are kept, and 

21 processing times for applications. 

22 (b) TIMELINES AND BENCHMARKS.—The Secretary 

23 shall develop timelines and benchmarks for implementing 

24 the findings of the assessment as the Secretary deems nec25 essary. 


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1 SEC. 1120. ASSESSMENT OF THE FEASIBILITY OF EFFORTS 

2 TO MITIGATE THE THREAT OF SMALL BOAT 

3 ATTACK IN MAJOR PORTS. 

4 The Secretary of the department in which the Coast 

5 Guard is operating shall assess and report to Congress 

6 on the feasibility of efforts to mitigate the threat of small 

7 boat attack in security zones of major ports, including spe8 cifically the use of transponders or radio frequency identi9 fication devices to track small boats. 

10 SEC. 1121. REPORT AND RECOMMENDATION FOR UNIFORM 

11 SECURITY BACKGROUND CHECKS. 

12 Not later than one year after the date of enactment 

13 of this Act, the Comptroller General shall submit to the 

14 Committee on Homeland Security of the House of Rep15 resentatives a report that contains— 

16 (1) a review of background checks and forms of 

17 identification required under State and local trans18 portation security programs; 

19 (2) a determination as to whether the back20 ground checks and forms of identification required 

21 under such programs duplicate or conflict with Fed22 eral programs; and 

23 (3) recommendations on limiting the number of 

24 background checks and forms of identification re25 quired under such programs to reduce or eliminate 

26 duplication with Federal programs. 


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1 SEC. 1122. ANIMAL-PROPELLED VESSELS. 

2 Notwithstanding section 70105 of title 46, United 

3 States Code, the Secretary shall not require an individual 

4 to hold a transportation security card, or be accompanied 

5 by another individual who holds such a card if— 

6 (1) the individual has been issued a license, cer7 tificate of registry, or merchant mariner’s document 

8 under part E of subtitle II of title 46, United States 

9 Code; 

10 (2) the individual is not allowed unescorted ac11 cess to a secure area designated in a vessel or facil12 ity security plan approved by the Secretary; and 

13 (3) the individual is engaged in the operation of 

14 a live animal-propelled vessel. 

15 SEC. 1123. REQUIREMENTS FOR ISSUANCE OF TRANSPOR16 TATION SECURITY CARDS; ACCESS PENDING 

17 ISSUANCE; REDUNDANT BACKGROUND 

18 CHECKS. 

19 Section 70105 of title 46, United States Code, is 

20 amended by adding at the end the following new sub21 sections: 

22 ‘‘(n) ESCORTING.—The Secretary shall coordinate 

23 with owners and operators subject to this section to allow 

24 any individual who has a pending application for a trans25 portation security card under this section or is waiting for 

26 reissuance of such card, including any individual whose 


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1 card has been lost or stolen, and who needs to perform 

2 work in a secure or restricted area to have access to such 

3 area for that purpose through escorting of such individual 

4 in accordance with subsection (a)(1)(B) by another indi5 vidual who holds a transportation security card. 

6 ‘‘(o) PROCESSING TIME.—The Secretary shall review 

7 an initial transportation security card application and re8 spond to the applicant, as appropriate, including the mail9 ing of an Initial Determination of Threat Assessment let10 ter, within 30 days after receipt of the initial application. 

11 The Secretary shall, to the greatest extent practicable, re12 view appeal and waiver requests submitted by a transpor13 tation security card applicant, and send a written decision 

14 or request for additional information required for the ap15 peal or waiver determination, within 30 days after receipt 

16 of the applicant’s appeal or waiver written request. For 

17 an applicant that is required to submit additional informa18 tion for an appeal or waiver determination, the Secretary 

19 shall send a written decision, to the greatest extent prac20 ticable, within 30 days after receipt of all requested infor21 mation. 

22 ‘‘(p) RECEIPT OF CARDS.—Within 180 days after the 

23 date of enactment of the Transportation Security Admin24 istration Authorization Act, the Secretary shall develop a 

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1 tation security card under this section to receive the card 

2 at the individual’s place of residence. 

3 ‘‘(q) FINGERPRINTING.—The Secretary shall estab4 lish procedures providing for an individual who is required 

5 to be fingerprinted for purposes of this section to be 

6 fingerprinted at facilities operated by or under contract 

7 with an agency of the Department of the Secretary that 

8 engages in fingerprinting the public for transportation se9 curity or other security purposes. 

10 ‘‘(r) REDUNDANT BACKGROUND CHECKS.—The Sec11 retary shall prohibit a State or political subdivision thereof 

12 from requiring a separate security background check for 

13 any purpose for which a transportation security card is 

14 issued under this section. The Secretary may waive the 

15 application of this subsection with respect to a State or 

16 political subdivision thereof if the State or political sub17 division demonstrates a compelling homeland security rea18 son that a separate security background check is nec19 essary.’’. 

20 SEC. 1124. HARMONIZING SECURITY CARD EXPIRATIONS. 

21 Section 70105(b) of title 46, United States Code, is 

22 amended by adding at the end the following new para23 graph: 

24 ‘‘(6) The Secretary may extend for up to one year 

25 the expiration of a biometric transportation security card 


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1 required by this section to align the expiration with the 

2 expiration of a license, certificate of registry, or merchant 

3 mariner document required under chapter 71 or 73.’’. 

4 SEC. 1125. ADMINISTRATION OF MARITIME SECURITY. 

5 (a) ESTABLISH MARITIME SECURITY AS A COAST

6 GUARD FUNCTION.—Chapter 5 of title 14, United States 

7 Code, is further amended by adding at the end the fol8 lowing new section: 

9 ‘‘§ 103. Maritime security 

10 ‘‘To protect life, property, and the environment on, 

11 under, and over waters subject to the jurisdiction of the 

12 United States and on vessels subject to the jurisdiction 

13 of the United States, the Commandant shall promote mar14 itime security as follows: 

15 ‘‘(1) By taking actions necessary in the public 

16 interest to protect such life, property, and the envi17 ronment. 

18 ‘‘(2) Based on priorities established by the 

19 Commandant including— 

20 ‘‘(A) protecting maritime borders from all 

21 intrusions, reducing the risk from terrorism to 

22 United States passengers at foreign and domes23 tic ports and in designated waterfront facilities, 

24 and preventing and responding to terrorist at25 tacks and other homeland security threats; 


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1 ‘‘(B) protecting critical maritime infra2 structure and other key resources; and 

3 ‘‘(C) preventing, to the maximum extent 

4 practicable, a transportation security incident 

5 as defined in section 70101 of title 46.’’. 

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

8 the end the following new item: 

‘‘Sec. 103. Maritime security.’’. 

9 (c) MARITIME SECURITY STAFF.— 

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

11 States Code, is further amended by adding at the 

12 end the following new sections: 

13 ‘‘§ 60. Maritime security workforce 

14 ‘‘(a) DESIGNATION OF MARITIME SECURITY WORK15 FORCE.— 

16 ‘‘(1) IN GENERAL.—The Secretary, acting 

17 through the Commandant, shall ensure appropriate 

18 coverage of maritime security missions within the 

19 workforce in each sector. 

20 ‘‘(2) REQUIRED POSITIONS.—In designating po21 sitions under paragraph (1), the Secretary shall in22 clude the following maritime security-related posi23 tions: 

24 ‘‘(A) Program oversight. 

25 ‘‘(B) Counterterrorism functions. 


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1 ‘‘(C) Counterintelligence functions. 

2 ‘‘(D) Criminal investigations related to 

3 maritime security. 

4 ‘‘(E) Port security enforcement. 

5 ‘‘(F) Any other activities that the Com6 mandant deems as necessary. 

7 ‘‘(3) MARITIME SECURITY MANAGEMENT AC8 TIVITIES.—The Secretary shall also designate under 

9 paragraph (1) those maritime security-related man10 agement positions located at Coast Guard head11 quarters, Coast Guard Readiness Command, Coast 

12 Guard Operations Command, the Deployable Oper13 ations Group, and the Intelligence Coordination Cen14 ter. 

15 ‘‘(b) CAREER PATHS.—The Secretary, acting 

16 through the Commandant, may establish appropriate ca17 reer paths for civilian and military Coast Guard personnel 

18 who wish to pursue careers in maritime security are identi19 fied in terms of the education, training, experience, and 

20 assignments necessary for career progression of civilians 

21 and member of the Armed Forces to the most senior mari22 time security positions. The Secretary shall make available 

23 published information on such career paths. 

24 ‘‘(c) BALANCED WORKFORCE POLICY.—In the devel25 opment of maritime security workforce policies under this 


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1 section with respect to any civilian employees or applicants 

2 for employment with the Coast Guard, the Secretary shall, 

3 consistent with the merit system principles set out in para4 graphs (1) and (2) of section 2301(b) of title 5, take into 

5 consideration the need to maintain a balance workforce 

6 in which women and members of racial and ethnic minor7 ity groups are appropriately represented in Government 

8 service. 

9 ‘‘(d) SECTOR CHIEF OF MARITIME SECURITY.— 

10 ‘‘(1) IN GENERAL.—The Commandant may as11 sign, as appropriate, a Chief of Maritime Security 

12 who shall be at least a Lieutenant Commander or ci13 vilian employee within the grade GS–13 of the Gen14 eral Schedule in each Coast Guard sector. 

15 ‘‘(2) FUNCTIONS.—The Chief of Maritime Se16 curity for a sector— 

17 ‘‘(A) is responsible for all individuals who, 

18 on behalf of the Coast Guard, conduct port se19 curity operations, counterterrorism operations, 

20 intelligence and counterintelligence operations, 

21 and support national defense operations; and 

22 ‘‘(B) if not the Coast Guard officer in 

23 command of that sector, is the principal advisor 

24 to the Sector Commander regarding maritime 

25 security matters in that sector. 


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1 ‘‘(f) SIGNATORIES OF LETTER OF QUALIFICATION.— 

2 Each individual signing a letter of qualification for mari3 time security personnel must hold a letter of qualification 

4 for the type being certified. 

5 ‘‘§ 61. Centers of expertise for maritime security 

6 ‘‘(a) ESTABLISHMENT.—The Commandant may es7 tablish and operate one or more centers of Maritime Secu8 rity (in this section referred to as a ‘Center’). 

9 ‘‘(b) MISSIONS.—The Centers shall— 

10 ‘‘(1) be used to facility education, training, and 

11 research in maritime security including maritime do12 main awareness, counterterrorism policy and oper13 ations, and intelligence collection, fusion, and dis14 semination; 

15 ‘‘(2) develop a repository on information on 

16 maritime security; and 

17 ‘‘(3) perform any other function as the Com18 mandant may specify. 

19 ‘‘(c) JOINT OPERATION WITH EDUCATIONAL INSTI20 TUTION AUTHORIZED.—The Commandant may enter into 

21 an agreement with an appropriate official of an institution 

22 of higher education to— 

23 ‘‘(1) provide for joint operation of a Center; 

24 and 


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1 ‘‘(2) provide necessary administrative service 

2 for a Center, including administration and allocation 

3 of funds. 

4 ‘‘(d) ACCEPTANCE OF DONATIONS.— 

5 ‘‘(1) IN GENERAL.—The Commandant may ac6 cept, on behalf of a center, donations to be used to 

7 defray the costs of the Center or to enhance the op8 eration of the Center. 

9 ‘‘(2) GUIDANCE.—The Commandant shall pre10 scribe written guidance setting forth the criteria to 

11 be used in determining if the acceptance of a dona12 tion is appropriate.’’. 

13 (2) CLERICAL AMENDMENT.—The analysis at 

14 the beginning of such chapter is further amended by 

15 adding at the end the following new items: 

‘‘Sec. 60. Maritime security workforce. 

‘‘Sec. 61. Centers of expertise for maritime security.’’. 

16 (d) POWERS AND DUTIES.—Section 93 of title 14, 

17 United States Code, is amended by adding at the end the 

18 following new subsection: 

19 ‘‘(e) In exercising the Commandant’s duties and re20 sponsibilities with regard to maritime security, the Com21 mandant shall designate a flag officer to serve as the prin22 cipal advisor to the Commandant for maritime security. 

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1 intelligence, port security, criminal investigations (except 

2 maritime casualty investigations), and port security or 

3 other maritime security functions, and at least four years 

4 of leadership experience at a staff or unit carrying out 

5 maritime security functions.’’. 

6 SEC. 1126. FRESNEL LENS IN THE PRESQUE ISLE LIGHT 

7 HOUSE IN PRESQUE ISLE, MICHIGAN. 

8 The Commandant of the Coast Guard shall conduct 

9 a study and analysis of the feasibility of the restoring the 

10 Fresnel Lens in the Presque Isle Light House in Presque 

11 Isle, Michigan to operating condition to meet the safety 

12 needs of commerce and submit within 180 days the report 

13 to the Transportation and Infrastructure Committee after 

14 the date of enactment of this Act. 

15 TITLE XII—ALIEN SMUGGLING 

16 SEC. 1201. SHORT TITLE. 

17 This title may be cited as the ‘‘Alien Smuggling and 

18 Terrorism Prevention Act of 2009’’. 

19 SEC. 1202. FINDINGS. 

20 The Congress makes the following findings: 

21 (1) Alien smuggling by land, air and sea is a 

22 transnational crime that violates the integrity of 

23 United States borders, compromises our Nation’s 

24 sovereignty, places the country at risk of terrorist 

25 activity, and contravenes the rule of law. 


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1 (2) Aggressive enforcement activity against 

2 alien smuggling is needed to protect our borders and 

3 ensure the security of our Nation. The border secu4 rity and anti-smuggling efforts of the men and 

5 women on the Nation’s front line of defense are to 

6 be commended. Special recognition is due the De7 partment of Homeland Security through the United 

8 States Border Patrol, Coast Guard, Customs and 

9 Border Protection, and Immigration and Customs 

10 Enforcement, and the Department of Justice 

11 through the Federal Bureau of Investigation. 

12 (3) The law enforcement community must be 

13 given the statutory tools necessary to address this 

14 security threat. Only through effective alien smug15 gling statutes can the Justice Department, through 

16 the United States Attorneys’ Offices and the Domes17 tic Security Section of the Criminal Division, pros18 ecute these cases successfully. 

19 (4) Alien smuggling has a destabilizing effect 

20 on border communities. State and local law enforce21 ment, medical personnel, social service providers, 

22 and the faith community play important roles in 

23 combating smuggling and responding to its effects. 


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1 (5) Existing penalties for alien smuggling are 

2 insufficient to provide appropriate punishment for 

3 alien smugglers. 

4 (6) Existing alien smuggling laws often fail to 

5 reach the conduct of alien smugglers, transporters, 

6 recruiters, guides, and boat captains. 

7 (7) Existing laws concerning failure to heave to 

8 are insufficient to appropriately punish boat opera9 tors and crew who engage in the reckless transpor10 tation of aliens on the high seas and seek to evade 

11 capture. 

12 (8) Much of the conduct in alien smuggling 

13 rings occurs outside of the United States. 

14 Extraterritorial jurisdiction is needed to ensure that 

15 smuggling rings can be brought to justice for re16 cruiting, sending, and facilitating the movement of 

17 those who seek to enter the United States without 

18 lawful authority. 

19 (9) Alien smuggling can include unsafe or reck20 lessly dangerous conditions that expose individuals 

21 to particularly high risk of injury or death. 

22 SEC. 1203. CHECKS AGAINST TERRORIST WATCHLIST. 

23 The Secretary of Homeland Security shall, to the ex24 tent practicable, check against all available terrorist 

25 watchlists those persons suspected of alien smuggling and 


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1 smuggled individuals who are interdicted at the land, air, 

2 and sea borders of the United States. 

3 SEC. 1204. STRENGTHENING PROSECUTION AND PUNISH4 MENT OF ALIEN SMUGGLERS. 

5 Section 274(a) of the Immigration and Nationality 

6 Act (8 U.S.C. 1324(a)) is amended— 

7 (1) by amending the subsection heading to read 

8 as follows: ‘‘BRINGING IN, HARBORING, AND SMUG9 GLING OF UNLAWFUL AND TERRORIST ALIENS.—’’; 

10 (2) by amending paragraphs (1) through (2) to 

11 read as follows: 

12 ‘‘(1)(A) Whoever, knowing or in reckless disregard of 

13 the fact that an individual is an alien who lacks lawful 

14 authority to come to, enter, or reside in the United States, 

15 knowingly— 

16 ‘‘(i) brings that individual to the United States 

17 in any manner whatsoever regardless of any future 

18 official action which may be taken with respect to 

19 such individual; 

20 ‘‘(ii) recruits, encourages, or induces that indi21 vidual to come to, enter, or reside in the United 

22 States; 

23 ‘‘(iii) transports or moves that individual in the 

24 United States, in furtherance of their unlawful pres25 ence; or 


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1 ‘‘(iv) harbors, conceals, or shields from detec2 tion the individual in any place in the United States, 

3 including any building or any means of transpor4 tation; 

5 or attempts or conspires to do so, shall be punished as 

6 provided in subparagraph (C). 

7 ‘‘(B) Whoever, knowing that an individual is an alien, 

8 brings that individual to the United States in any manner 

9 whatsoever at a place, other than a designated port of 

10 entry or place designated by the Secretary of Homeland 

11 Security, regardless of whether such individual has re12 ceived prior official authorization to come to, enter, or re13 side in the United States and regardless of any future offi14 cial action which may be taken with respect to such indi15 vidual, or attempts or conspires to do so, shall be punished 

16 as provided in subparagraph (C). 

17 ‘‘(C) Whoever commits an offense under this para18 graph shall, for each individual in respect to whom such 

19 a violation occurs— 

20 ‘‘(i) if the offense results in the death of any 

21 person, be fined under title 18, United States Code, 

22 and subject to the penalty of death or imprisonment 

23 for any term of years or for life; 

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1 vated sexual abuse (as defined in section 2241 of 

2 title 18, United States Code, without regard to 

3 where it takes place), or an attempt to commit such 

4 abuse, or an attempt to kill, be fined under title 18, 

5 United States Code, or imprisoned for any term of 

6 years or life, or both; 

7 ‘‘(iii) if the offense involves an individual who 

8 the defendant knew was engaged in or intended to 

9 engage in terrorist activity (as defined in section 

10 212(a)(3)(B)), be fined under title 18, United States 

11 Code, or imprisoned not more than 30 years, or 

12 both; 

13 ‘‘(iv) if the offense results in serious bodily in14 jury (as defined in section 1365 of title 18, United 

15 States Code) or places in jeopardy the life of any 

16 person, be fined under title 18, United States Code, 

17 or imprisoned not more than 20 years, or both; 

18 ‘‘(v) if the offense is a violation of paragraph 

19 (1)(A)(i) and was committed for the purpose of prof20 it, commercial advantage, or private financial gain, 

21 or if the offense was committed with the intent or 

22 reason to believe that the individual unlawfully 

23 brought into the United States will commit an of24 fense against the United States or any State that is 

25 punishable by imprisonment for more than 1 year, 


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1 be fined under title 18, United States Code, and im2 prisoned, in the case of a first or second violation, 

3 not less than 3 nor more than 10 years, and for any 

4 other violation, not less than 5 nor more than 15 

5 years; 

6 ‘‘(vi) if the offense is a violation of paragraph 

7 (1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and 

8 was committed for the purpose of profit, commercial 

9 advantage, or private financial gain, be fined under 

10 title 18, United States Code, or imprisoned not more 

11 than 10 years, or both; 

12 ‘‘(vii) if the offense involves the transit of the 

13 defendant’s spouse, child, sibling, parent, grand14 parent, or niece or nephew, and the offense is not 

15 described in any of clauses (i) through (vi), be fined 

16 under title 18, United States Code, or imprisoned 

17 not more than 1 year, or both; and 

18 ‘‘(viii) in any other case, be fined under title 

19 18, United States Code, or imprisoned not more 

20 than 5 years, or both. 

21 ‘‘(2)(A) There is extraterritorial jurisdiction over the 

22 offenses described in paragraph (1). 

23 ‘‘(B) In a prosecution for a violation of, or an attempt 

24 or conspiracy to violate, subsection (a)(1)(A)(i), 

25 (a)(1)(A)(ii), or (a)(1)(B), that occurs on the high seas, 


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1 no defense based on necessity can be raised unless the de2 fendant— 

3 ‘‘(i) as soon as practicable, reported to the 

4 Coast Guard the circumstances of the necessity, and 

5 if a rescue is claimed, the name, description, registry 

6 number, and location of the vessel engaging in the 

7 rescue; and 

8 ‘‘(ii) did not bring, attempt to bring, or in any 

9 manner intentionally facilitate the entry of any alien 

10 into the land territory of the United States without 

11 lawful authority, unless exigent circumstances ex12 isted that placed the life of that alien in danger, in 

13 which case the reporting requirement set forth in 

14 clause (i) is satisfied by notifying the Coast Guard 

15 as soon as practicable after delivering the alien to 

16 emergency medical or law enforcement personnel 

17 ashore. 

18 ‘‘(C) It is not a violation of, or an attempt or con19 spiracy to violate, clause (iii) or (iv) of paragraph (1)(A), 

20 or paragraph (1)(A)(ii) (except if a person recruits, en21 courages, or induces an alien to come to or enter the 

22 United States), for a religious denomination having a bona 

23 fide nonprofit, religious organization in the United States, 

24 or the agents or officer of such denomination or organiza25 tion, to encourage, invite, call, allow, or enable an alien 


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1 who is present in the United States to perform the voca2 tion of a minister or missionary for the denomination or 

3 organization in the United States as a volunteer who is 

4 not compensated as an employee, notwithstanding the pro5 vision of room, board, travel, medical assistance, and other 

6 basic living expenses, provided the minister or missionary 

7 has been a member of the denomination for at least one 

8 year. 

9 ‘‘(D) For purposes of this paragraph and paragraph 

10 (1)— 

11 ‘‘(i) the term ‘United States’ means the several 

12 States, the District of Columbia, the Commonwealth 

13 of Puerto Rico, Guam, American Samoa, the United 

14 States Virgin Islands, the Commonwealth of the 

15 Northern Mariana Islands, and any other territory 

16 or possession of the United States; and 

17 ‘‘(ii) the term ‘lawful authority’ means permis18 sion, authorization, or waiver that is expressly pro19 vided for in the immigration laws of the United 

20 States or the regulations prescribed under those 

21 laws and does not include any such authority se22 cured by fraud or otherwise obtained in violation of 

23 law or authority that has been sought but not ap24 proved.’’. 


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1 SEC. 1205. MARITIME LAW ENFORCEMENT. 

2 (a) PENALTIES.—Subsection (b) of section 2237 of 

3 title 18, United States Code, is amended to read as fol4 lows: 

5 ‘‘(b) Whoever intentionally violates this section 

6 shall— 

7 ‘‘(1) if the offense results in death or involves 

8 kidnapping, an attempt to kidnap, the conduct re9 quired for aggravated sexual abuse (as defined in 

10 section 2241 without regard to where it takes place), 

11 or an attempt to commit such abuse, or an attempt 

12 to kill, be fined under such title or imprisoned for 

13 any term of years or life, or both; 

14 ‘‘(2) if the offense results in serious bodily in15 jury (as defined in section 1365 of this title) or 

16 transportation under inhumane conditions, be fined 

17 under this title, imprisoned not more than 15 years, 

18 or both; 

19 ‘‘(3) if the offense is committed in the course 

20 of a violation of section 274 of the Immigration and 

21 Nationality Act (alien smuggling); chapter 77 (peon22 age, slavery, and trafficking in persons), section 111 

23 (shipping), 111A (interference with vessels), 113 

24 (stolen property), or 117 (transportation for illegal 

25 sexual activity) of this title; chapter 705 (maritime 

26 drug law enforcement) of title 46, or title II of the 


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1 Act of June 15, 1917 (Chapter 30; 40 Stat. 220), 

2 be fined under this title or imprisoned for not more 

3 than 10 years, or both; and 

4 ‘‘(4) in any other case, be fined under this title 

5 or imprisoned for not more than 5 years, or both.’’. 

6 (b) LIMITATION ON NECESSITY DEFENSE.—Section 

7 2237(c) of title 18, United States Code, is amended— 

8 (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; 

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

10 ‘‘(2) In a prosecution for a violation of this section, 

11 no defense based on necessity can be raised unless the de12 fendant— 

13 ‘‘(A) as soon as practicable upon reaching 

14 shore, delivered the person with respect to which the 

15 necessity arose to emergency medical or law enforce16 ment personnel; 

17 ‘‘(B) as soon as practicable, reported to the 

18 Coast Guard the circumstances of the necessity re19 sulting giving rise to the defense; and 

20 ‘‘(C) did not bring, attempt to bring, or in any 

21 manner intentionally facilitate the entry of any alien, 

22 as that term is defined in section 101(a)(3) of the 

23 Immigration and Nationality Act (8 U.S.C. 1101 

24 (a)(3)), into the land territory of the United States 

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1 cumstances existed that placed the life of that alien 

2 in danger, in which case the reporting requirement 

3 of subparagraph (B) is satisfied by notifying the 

4 Coast Guard as soon as practicable after delivering 

5 that person to emergency medical or law enforce6 ment personnel ashore.’’. 

7 (c) DEFINITION.—Section 2237(e) of title 18, United 

8 States Code, is amended— 

9 (1) by striking ‘‘and’’ at the end of paragraph 

10 (3); 

11 (2) by striking the period at the end of para12 graph (4) and inserting ‘‘; and’’; and 

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

14 ‘‘(5) the term ‘transportation under inhumane 

15 conditions’ means the transportation of persons in 

16 an engine compartment, storage compartment, or 

17 other confined space, transportation at an excessive 

18 speed, transportation of a number of persons in ex19 cess of the rated capacity of the means of transpor20 tation, or intentionally grounding a vessel in which 

21 persons are being transported.’’. 

22 SEC. 1206. AMENDMENT TO THE SENTENCING GUIDELINES. 

23 (a) IN GENERAL.—Pursuant to its authority under 

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1 mission shall review and, if appropriate, amend the sen2 tencing guidelines and policy statements applicable to per3 sons convicted of alien smuggling offenses and criminal 

4 failure to heave to or obstruction of boarding. 

5 (b) CONSIDERATIONS.—In carrying out this section, 

6 the Sentencing Commission, shall— 

7 (1) consider providing sentencing enhancements 

8 or stiffening existing enhancements for those con9 victed of offenses described in subsection (a) that— 

10 (A) involve a pattern of continued and fla11 grant violations; 

12 (B) are part of an ongoing commercial or13 ganization or enterprise; 

14 (C) involve aliens who were transported in 

15 groups of 10 or more; 

16 (D) involve the transportation or abandon17 ment of aliens in a manner that endangered 

18 their lives; or 

19 (E) involve the facilitation of terrorist ac20 tivity; and 

21 (2) consider cross-references to the guidelines 

22 for Criminal Sexual Abuse and Attempted Murder. 

23 (c) EXPEDITED PROCEDURES.—The Commission 

24 may promulgate the guidelines or amendments under this 

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1 tion 21(a) of the Sentencing Act of 1987, as though the 

2 authority under that Act had not expired. 

3 TITLE XIII—MISCELLANEOUS 

4 PROVISIONS 

5 SEC. 1301. CERTIFICATE OF DOCUMENTATION FOR GAL6 LANT LADY. 

7 Section 1120(c) of the Coast Guard Authorization 

8 Act of 1996 (110 Stat. 3977) is amended— 

9 (1) in paragraph (1)— 

10 (A) by striking ‘‘of Transportation’’ and 

11 inserting ‘‘of the department in which the Coast 

12 Guard is operating’’; and 

13 (B) by striking subparagraph (A) and in14 serting the following: 

15 ‘‘(A) the vessel GALLANT LADY 

16 (Feadship hull number 672, approximately 168 

17 feet in length).’’; 

18 (2) by striking paragraphs (3) and (4) and re19 designating paragraph (5) as paragraph (3); and 

20 (3) in paragraph (3) (as so redesignated) by 

21 striking all after ‘‘shall expire’’ and inserting ‘‘on 

22 the date of the sale of the vessel by the owner.’’. 

23 SEC. 1302. WAIVERS. 

24 (a) IN GENERAL.—Notwithstanding section 12112 

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1 retary of the department in which the Coast Guard is op2 erating may issue a certificate of documentation with a 

3 coastwise endorsement for the following vessels: 

4 (1) OCEAN VERITAS (IMO Number 

5 7366805). 

6 (2) MAYA (United States official number 

7 11073). 

8 (3) ZIPPER (State of New York regulation 

9 number NY3205EB). 

10 (4) GULF DIVER IV (United States official 

11 number 553457). 

12 (5) M/V GEYSIR (United States official num13 ber 622178). 

14 (6) St. Mary’s Cement (United States official 

15 number 699114). 

16 (b) DRYDOCK WAIVER.—Notwithstanding sections 

17 12112, 55102, and 55103 of title 46, United States Code, 

18 the Secretary of the department in which the Coast Guard 

19 is operating may issue a certificate of documentation the 

20 appropriate endorsement for engaging in the coastwise 

21 trade in Ketchikan, Alaska, for the Dry Dock #2, State 

22 of Alaska registration AIDEA FDD–2. 

23 SEC. 1303. GREAT LAKES MARITIME RESEARCH INSTITUTE. 

24 Section 605 of the Coast Guard and Maritime Trans25 portation Act of 2004 (118 Stat. 1052) is amended— 


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1 (1) in subsection (b)(1)— 

2 (A) by striking ‘‘The Secretary of Trans3 portation shall conduct a study that’’ and in4 serting ‘‘The Institute shall conduct maritime 

5 transportation studies of the Great Lakes re6 gion, including studies that’’; 

7 (B) in subparagraphs (A), (B), (C), (E), 

8 (F), (H), (I), and (J) by striking ‘‘evaluates’’ 

9 and inserting ‘‘evaluate’’; 

10 (C) in subparagraphs (D) and (G) by 

11 striking ‘‘analyzes’’ and inserting ‘‘analyze’’; 

12 (D) by striking ‘‘and’’ at the end of sub13 paragraph (I); 

14 (E) by striking the period at the end of 

15 subparagraph (J) and inserting a semicolon; 

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

17 ‘‘(K) identify ways to improve the integra18 tion of the Great Lakes marine transportation 

19 system into the national transportation system; 

20 ‘‘(L) evaluate the employment base sup21 ported by the Great Lakes marine transpor22 tation system, including the number and types 

23 of jobs, and general demographics about the 

24 employees holding those jobs, such as their gen25 der and age; 


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1 ‘‘(M) examine the potential of expanded 

2 operations on the Great Lakes marine transpor3 tation system; 

4 ‘‘(N) identify ways to include intelligent 

5 transportation applications into the Great 

6 Lakes marine transportation system; 

7 ‘‘(O) analyze the effects and impacts of 

8 aging infrastructure and port corrosion on the 

9 Great Lakes marine transportation system; 

10 ‘‘(P) establish and maintain a model Great 

11 Lakes marine transportation system database; 

12 and 

13 ‘‘(Q) identify market opportunities for, and 

14 impediments to, the use of United States-flag 

15 vessels in trade with Canada on the Great 

16 Lakes.’’; and 

17 (2) by striking subsection (b)(4) and inserting 

18 the following: 

19 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

20 There are authorized to be appropriated to carry out 

21 paragraph (1)— 

22 ‘‘(A) $2,400,000 for fiscal year 2010; 

23 ‘‘(B) $2,500,000 for fiscal year 2011; 

24 ‘‘(C) $2,600,000 for fiscal year 2012; and 

25 ‘‘(D) $2,700,000 for fiscal year 2013.’’. 


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1 SEC. 1304. CONVEYANCE OF COAST GUARD BOAT HOUSE, 

2 NANTUCKET, MASSACHUSETTS. 

3 (a) STATION BRANT POINT BOAT HOUSE.— 

4 (1) REQUIREMENT.—The Secretary of the de5 partment in which the Coast Guard is operating 

6 shall convey to the town of Nantucket, Massachu7 setts, all right, title, and interest of the United 

8 States in and to the buildings known as the Station 

9 Brant Point Boat House located at Coast Guard 

10 Station Brant Point, Nantucket, Massachusetts, for 

11 use for a public purpose. 

12 (2) TERMS OF CONVEYANCE.—A conveyance of 

13 the building under paragraph (1) shall be made— 

14 (A) without the payment of consideration; 

15 and 

16 (B) subject to appropriate terms and con17 ditions the Secretary considers necessary. 

18 (3) REVERSIONARY INTEREST.—All right, title, 

19 and interest in property conveyed under this sub20 section shall revert to the United States if any por21 tion of the property is used other than for a public 

22 purpose. 

23 (b) LEASE.— 

24 (1) REQUIREMENT.—The Secretary of the de25 partment in which the Coast Guard is operating 

26 shall enter into a lease with the town of Nantucket 


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1 that authorizes the town of Nantucket to occupy the 

2 land on which the buildings conveyed under sub3 section (a) are located, subject to appropriate terms 

4 and conditions the Secretary considers necessary. 

5 (2) LEASE TERM.—A lease under this sub6 section shall not expire before January 31, 2033. 

7 (3) TERMINATION OF LEASE.—If the Secretary 

8 determines that the property leased under paragraph 

9 (1) is necessary for purposes of the Coast Guard, 

10 the Secretary— 

11 (A) may terminate the lease without pay12 ment of compensation; and 

13 (B) shall provide the town of Nantucket 

14 not less than 12 months notice of the require15 ment to vacate the site and move the buildings 

16 conveyed under subsection (a) to another loca17 tion. 

18 SEC. 1305. CREW WAGES ON PASSENGER VESSELS. 

19 (a) FOREIGN AND INTERCOASTAL VOYAGES.— 

20 (1) CAP ON PENALTY WAGES.—Section 

21 10313(g) of title 46, United States Code, is amend22 ed— 

23 (A) by striking ‘‘When’’ and inserting ‘‘(1) 

24 Subject to paragraph (2), when’’; and 

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


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1 ‘‘(2) The total amount required to be paid under 

2 paragraph (1) with respect to all claims in a class action 

3 suit by seamen on a passenger vessel capable of carrying 

4 more than 500 passengers for wages under this section 

5 against a vessel master, owner, or operator or the em6 ployer of the seamen shall not exceed ten times the unpaid 

7 wages that are the subject of the claims. 

8 ‘‘(3) A class action suit for wages under this sub9 section must be commenced within three years after the 

10 later of— 

11 ‘‘(A) the date of the end of the last voyage for 

12 which the wages are claimed; or 

13 ‘‘(B) the receipt, by a seaman who is a claimant 

14 in the suit, of a payment of wages that are the sub15 ject of the suit that is made in the ordinary course 

16 of employment.’’. 

17 (2) DEPOSITS.—Section 10315 of such title is 

18 amended by adding at the end the following: 

19 ‘‘(f) DEPOSITS IN SEAMAN ACCOUNT.—By written 

20 request signed by the seaman, a seaman employed on a 

21 passenger vessel capable of carrying more than 500 pas22 sengers may authorize the master, owner, or operator of 

23 the vessel, or the employer of the seaman, to make depos24 its of wages of the seaman into a checking, savings, investVerDate Nov 24 2008 00:19 Nov 03, 2009 Jkt 089200 PO 00000 Frm 00305 Fmt 6652 Sfmt 6201 E:\BILLS\H3619.PCS H3619

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1 ment, or retirement account, or other account to secure 

2 a payroll or debit card for the seaman if— 

3 ‘‘(1) the wages designated by the seaman for 

4 such deposit are deposited in a United States or 

5 international financial institution designated by the 

6 seaman; 

7 ‘‘(2) such deposits in the financial institution 

8 are fully guaranteed under commonly accepted inter9 national standards by the government of the country 

10 in which the financial institution is licensed; 

11 ‘‘(3) a written wage statement or pay stub, in12 cluding an accounting of any direct deposit, is deliv13 ered to the seaman no less often than monthly; and 

14 ‘‘(4) while on board the vessel on which the sea15 man is employed, the seaman is able to arrange for 

16 withdrawal of all funds on deposit in the account in 

17 which the wages are deposited.’’. 

18 (b) COASTWISE VOYAGES.— 

19 (1) CAP ON PENALTY WAGES.—Section 

20 10504(c) of such title is amended— 

21 (A) by striking ‘‘When’’ and inserting ‘‘(1) 

22 Subject to subsection (d), and except as pro23 vided in paragraph (2), when’’; and 

24 (B) by inserting at the end the following: 


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1 ‘‘(2) The total amount required to be paid under 

2 paragraph (1) with respect to all claims in a class action 

3 suit by seamen on a passenger vessel capable of carrying 

4 more than 500 passengers for wages under this section 

5 against a vessel master, owner, or operator or the em6 ployer of the seamen shall not exceed ten times the unpaid 

7 wages that are the subject of the claims. 

8 ‘‘(3) A class action suit for wages under this sub9 section must be commenced within three years after the 

10 later of— 

11 ‘‘(A) the date of the end of the last voyage for 

12 which the wages are claimed; or 

13 ‘‘(B) the receipt, by a seaman who is a claimant 

14 in the suit, of a payment of wages that are the sub15 ject of the suit that is made in the ordinary course 

16 of employment.’’. 

17 (2) DEPOSITS.—Section 10504 of such title is 

18 amended by adding at the end the following: 

19 ‘‘(f) DEPOSITS IN SEAMAN ACCOUNT.—On written 

20 request signed by the seaman, a seaman employed on a 

21 passenger vessel capable of carrying more than 500 pas22 sengers may authorize, the master, owner, or operator of 

23 the vessel, or the employer of the seaman, to make depos24 its of wages of the seaman into a checking, savings, investVerDate Nov 24 2008 00:19 Nov 03, 2009 Jkt 089200 PO 00000 Frm 00307 Fmt 6652 Sfmt 6201 E:\BILLS\H3619.PCS H3619

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1 ment, or retirement account, or other account to secure 

2 a payroll or debit card for the seaman if— 

3 ‘‘(1) the wages designated by the seaman for 

4 such deposit are deposited in a United States or 

5 international financial institution designated by the 

6 seaman; 

7 ‘‘(2) such deposits in the financial institution 

8 are fully guaranteed under commonly accepted inter9 national standards by the government of the country 

10 in which the financial institution is licensed; 

11 ‘‘(3) a written wage statement or pay stub, in12 cluding an accounting of any direct deposit, is deliv13 ered to the seaman no less often than monthly; and 

14 ‘‘(4) while on board the vessel on which the sea15 man is employed, the seaman is able to arrange for 

16 withdrawal of all funds on deposit in the account in 

17 which the wages are deposited.’’. 

18 SEC. 1306. TECHNICAL CORRECTIONS. 

19 (a) COAST GUARD AND MARITIME TRANSPORTATION

20 ACT OF 2006.—Effective with enactment of the Coast 

21 Guard and Maritime Transportation Act of 2006 (Public 

22 Law 109–241), such Act is amended— 

23 (1) in section 311(b) (120 Stat. 530) by insert24 ing ‘‘paragraphs (1) and (2) of’’ before ‘‘section 

25 8104(o)’’; 


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1 (2) in section 603(a)(2) (120 Stat. 554) by 

2 striking ‘‘33 U.S.C. 2794(a)(2)’’ and inserting ‘‘33 

3 U.S.C. 2704(a)(2)’’; 

4 (3) in section 901(r)(2) (120 Stat. 566) by 

5 striking ‘‘the’’ the second place it appears; 

6 (4) in section 902(c) (120 Stat. 566) by insert7 ing ‘‘of the United States’’ after ‘‘Revised Statutes’’; 

8 (5) in section 902(e) (120 Stat. 567) is amend9 ed— 

10 (A) by inserting ‘‘and’’ after the semicolon 

11 at the end of paragraph (1); 

12 (B) by striking ‘‘and’’ at the end of para13 graph (2)(A); and 

14 (C) by redesignating paragraphs (3) and 

15 (4) as subparagraphs (C) and (D) of paragraph 

16 (2), respectively, and aligning the left margin of 

17 such subparagraphs with the left margin of 

18 subparagraph (A) of paragraph (2); 

19 (6) in section 902(e)(2)(C) (as so redesignated) 

20 by striking ‘‘this section’’ and inserting ‘‘this para21 graph’’; 

22 (7) in section 902(e)(2)(D) (as so redesignated) 

23 by striking ‘‘this section’’ and inserting ‘‘this para24 graph’’; 

25 (8) in section 902(h)(1) (120 Stat. 567)— 


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1 (A) by striking ‘‘Bisti/De-Na-Zin’’ and all 

2 that follows through ‘‘Protection’’ and inserting 

3 ‘‘Omnibus Parks and Public Lands Manage4 ment’’; and 

5 (B) by inserting a period after ‘‘Com6 mandant of the Coast Guard’’; and 

7 (9) in section 902(k) (120 Stat. 568) is amend8 ed— 

9 (A) by inserting ‘‘the Act of March 23, 

10 1906, commonly known as’’ before ‘‘the General 

11 Bridge’’; 

12 (B) by striking ‘‘491)’’ and inserting 

13 ‘‘494),’’; and 

14 (C) by inserting ‘‘each place it appears’’ 

15 before ‘‘and inserting’’. 

16 (b) TITLE 14.— 

17 (1) The analysis for chapter 7 of title 14, 

18 United States Code, is amended by adding a period 

19 at the end of the item relating to section 149. 

20 (2) The analysis for chapter 17 of title 14, 

21 United States Code, is amended by adding a period 

22 at the end of the item relating to section 677. 

23 (3) The analysis for chapter 9 of title 14, 

24 United States Code, is amended by adding a period 

25 at the end of the item relating to section 198. 


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1 (c) TITLE 46.— 

2 (1) The analysis for chapter 81 of title 46, 

3 United States Code, is amended by adding a period 

4 at the end of the item relating to section 8106. 

5 (2) Section 70105(c)(3)(C) of such title is 

6 amended by striking ‘‘National Intelligence Direc7 tor’’ and inserting ‘‘Director of National Intel8 ligence’’. 

9 (d) DEEPWATER PORT ACT OF 1974.—Section 

10 5(c)(2) of the Deepwater Port Act of 1974 (33 U.S.C. 

11 1504(c)(2)) is amended by aligning the left margin of sub12 paragraph (K) with the left margin of subparagraph (L). 

13 (e) OIL POLLUTION ACT OF 1990.— 

14 (1) Section 1004(a)(2) of the Oil Pollution Act 

15 of 1990 (33 U.S.C. 2704(a)(2)) is amended by strik16 ing the first comma following ‘‘$800,000’’. 

17 (2) The table of sections in section 2 of such 

18 Act is amended by inserting a period at the end of 

19 the item relating to section 7002. 

20 (f) COAST GUARD AUTHORIZATION ACT OF 1996.— 

21 The table of sections in section 2 of the Coast Guard Au22 thorization Act of 1996 is amended in the item relating 

23 to section 103 by striking ‘‘reports’’ and inserting ‘‘re24 port’’. 


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1 SEC. 1307. CONVEYANCE OF DECOMMISSIONED COAST 

2 GUARD CUTTER STORIS. 

3 (a) IN GENERAL.—Upon the scheduled decommis4 sioning of the Coast Guard Cutter STORIS, the Com5 mandant of the Coast Guard shall convey, without consid6 eration, all right, title, and interest of the United States 

7 in and to that vessel to the USCG Cutter STORIS Mu8 seum and Maritime Education Center, LLC, located in the 

9 State of Alaska if the recipient— 

10 (1) agrees— 

11 (A) to use the vessel for purposes of a mu12 seum and historical display; 

13 (B) not to use the vessel for commercial 

14 transportation purposes; 

15 (C) to make the vessel available to the 

16 United States Government if needed for use by 

17 the Commandant in time of war or a national 

18 emergency; and 

19 (D) to hold the Government harmless for 

20 any claims arising from exposure to hazardous 

21 materials, including asbestos and poly22 chlorinated biphenyls, after conveyance of the 

23 vessel, except for claims arising from the use by 

24 the Government under subparagraph (C); 

25 (2) has funds available that will be committed 

26 to operate and maintain in good working condition 


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1 the vessel conveyed, in the form of cash, liquid as2 sets, or a written loan commitment and in an 

3 amount of at least $700,000; and 

4 (3) agrees to any other conditions the Com5 mandant considers appropriate. 

6 (b) MAINTENANCE AND DELIVERY OF VESSEL.— 

7 (1) MAINTENANCE.—Before conveyance of the 

8 vessel under this section, the Commandant shall 

9 make, to the extent practical and subject to other 

10 Coast Guard mission requirements, every effort to 

11 maintain the integrity of the vessel and its equip12 ment until the time of delivery. 

13 (2) DELIVERY.—If a conveyance is made under 

14 this section, the Commandant shall deliver the vessel 

15 to a suitable mooring in the local area in its present 

16 condition. 

17 (3) TREATMENT OF CONVEYANCE.—The con18 veyance of the vessel under this section shall not be 

19 considered a distribution in commerce for purposes 

20 of section 6(e) of Public Law 94–469 (15 U.S.C. 

21 2605(e)). 

22 (c) OTHER EXCESS EQUIPMENT.—The Commandant 

23 may convey to the recipient of a conveyance under sub24 section (a) any excess equipment or parts from other de25 commissioned Coast Guard vessels for use to enhance the 


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1 operability and function of the vessel conveyed under sub2 section (a) for purposes of a museum and historical dis3 play. 

4 SEC. 1308. CONVEYANCE OF COAST GUARD HU–25 FALCON 

5 JET AIRCRAFT. 

6 (a) AUTHORITY TO CONVEY.—Notwithstanding any 

7 other law, the Commandant of the Coast Guard may con8 vey to the Elizabeth City State University (in this section 

9 referred to as the ‘‘University’’), a public university lo10 cated in the State of North Carolina, without consider11 ation all right, title, and interest of the United States in 

12 an HU–25 Falcon Jet aircraft under the administrative 

13 jurisdiction of the Coast Guard that the Commandant de14 termines— 

15 (1) is appropriate for use by the University; 

16 and 

17 (2) is excess to the needs of the Coast Guard. 

18 (b) CONDITIONS.— 

19 (1) IN GENERAL.—As a condition of conveying 

20 an aircraft to the University under subsection (a), 

21 the Commandant shall enter into an agreement with 

22 the University under which the University agrees— 

23 (A) to utilize the aircraft for educational 

24 purposes or other public purposes as jointly 


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1 agreed upon by the Commandant and the Uni2 versity before conveyance; and 

3 (B) to hold the United States harmless for 

4 any claim arising with respect to the aircraft 

5 after conveyance of the aircraft. 

6 (2) REVERSIONARY INTEREST.—If the Com7 mandant determines that the recipient violated sub8 paragraph (A) or (B) of paragraph (1), then— 

9 (A) all right, title, and interest in the air10 craft shall revert to the United States; 

11 (B) the United States shall have the right 

12 to immediate possession of the aircraft; and 

13 (C) the recipient shall pay the United 

14 States for its costs incurred in recovering the 

15 aircraft for such violation. 

16 (c) LIMITATION ON FUTURE TRANSFERS.— 

17 (1) IN GENERAL.—The Commandant shall in18 clude in the instruments for the conveyance a re19 quirement that any further conveyance of an interest 

20 in the aircraft may not be made without the ap21 proval in advance of the Commandant. 

22 (2) REVERSIONARY INTEREST.—If the Com23 mandant determines that an interest in the aircraft 

24 was conveyed without such approval, then— 


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1 (A) all right, title, and interest in the air2 craft shall revert to the United States; 

3 (B) the United States shall have the right 

4 to immediate possession of the aircraft; and 

5 (C) the recipient shall pay the United 

6 States for its costs incurred in recovering the 

7 aircraft for such a violation. 

8 (d) DELIVERY OF AIRCRAFT.—The Commandant 

9 shall deliver the aircraft conveyed under subsection (a)— 

10 (1) at the place where the aircraft is located on 

11 the date of the conveyance; 

12 (2) in its condition on the date of conveyance; 

13 and 

14 (3) without cost to the United States. 

15 (e) ADDITIONAL TERMS AND CONDITIONS.—The 

16 Commandant may require such additional terms and con17 ditions in connection with the conveyance required by sub18 section (a) as the Commandant considers appropriate to 

19 protect the interests of the United States. 

20 SEC. 1309. DECOMMISSIONED COAST GUARD VESSELS FOR 

21 HAITI. 

22 (a) IN GENERAL.—Notwithstanding any other law, 

23 upon the scheduled decommissioning of any Coast Guard 

24 41-foot patrol boat, the Commandant of the Coast Guard 

25 shall give the Government of Haiti a right-of-first-refusal 


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1 for conveyance of that vessel to the Government of Haiti, 

2 if that Government of Haiti agrees— 

3 (1) to use the vessel for the Coast Guard of 

4 Haiti; 

5 (2) to make the vessel available to the United 

6 States Government if needed for use by the Com7 mandant in time of war or national emergency; 

8 (3) to hold the United States Government 

9 harmless for any claims arising from exposure to 

10 hazardous materials, including asbestos and poly11 chlorinated biphenyls, after conveyance of the vessel, 

12 except for claims arising from the use by the United 

13 States Government under paragraph (2); and 

14 (4) to any other conditions the Commandant 

15 considers appropriate. 

16 (b) LIMITATION.—The Commandant may not convey 

17 more than 10 vessels to the Government of Haiti pursuant 

18 to this section. 

19 (c) MAINTENANCE AND DELIVERY OF VESSEL.— 

20 (1) MAINTENANCE.—Before conveyance of a 

21 vessel under this section, the Commandant shall 

22 make, to the extent practical and subject to other 

23 Coast Guard mission requirements, every effort to 

24 maintain the integrity of the vessel and its equip25 ment until the time of delivery. 


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1 (2) DELIVERY.—If a conveyance is made under 

2 this section, the Commandant shall deliver a vessel 

3 to a suitable mooring in the local area in its present 

4 condition. 

5 (3) TREATMENT OF CONVEYANCE.—The con6 veyance of a vessel under this section shall not be 

7 considered a distribution in commerce for purposes 

8 of section 6(e) of Public Law 94–469 (15 U.S.C. 

9 2605(e)). 

10 SEC. 1310. PHASEOUT OF VESSELS SUPPORTING OIL AND 

11 GAS DEVELOPMENT. 

12 (a) IN GENERAL.—Notwithstanding section 

13 12111(d) of title 46, United States Code, foreign-flag ves14 sels may be chartered by, or on behalf of, a lessee to be 

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

16 or other mooring equipment of a mobile offshore drilling 

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

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

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

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

21 offshore mineral or energy resources in the Beaufort Sea 

22 or the Chukchi Sea adjacent to Alaska— 

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

24 gives the Secretary of Transportation written notice 

25 of the commencement of such exploration drilling if 


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1 the Secretary determines, after publishing notice in 

2 the Federal Register, that insufficient vessels docu3 mented under section 12111(d) of title 46, United 

4 States Code, are reasonably available and suitable 

5 for these support operations and all such reasonably 

6 available and suitable vessels are employed in sup7 port of such operations; and 

8 (2) for an additional period until such vessels 

9 are available if the Secretary of Transportation de10 termines— 

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

12 the commencement of exploration drilling, the 

13 lessee has entered into a binding agreement to 

14 employ a suitable vessel or vessels to be docu15 mented under section 12111(d) of title 46, 

16 United States Code, in sufficient numbers and 

17 with sufficient suitability to replace any foreign18 flag vessel or vessels operating under this sec19 tion; and 

20 (B) after publishing notice in the Federal 

21 Register, that insufficient vessels documented 

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

23 States Code, are reasonably available and suit24 able for these support operations and all such 


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1 reasonably available and suitable vessels are 

2 employed in support of such operations. 

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

4 the commitment referred to in subsection (a)(2)(A) oc5 curs, foreign-flag anchor handling vessels may not be em6 ployed for the setting, relocation, or recovery of anchors 

7 or other mooring equipment of a mobile offshore drilling 

8 unit after December 31, 2017. 

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

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

11 1331(c) of title 43, United States Code), who, prior to 

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

13 into a binding agreement to employ a suitable vessel docu14 mented or to be documented under section 12111(d) of 

15 title 46, United States Code. 

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

17 may be construed to authorize the employment in the 

18 coastwise trade of a vessel that does not meet the require19 ments of section 12112 of title 46, United States Code. 

20 SEC. 1311. VESSEL TRAFFIC RISK ASSESSMENT. 

21 (a) REQUIREMENT.—The Commandant of the Coast 

22 Guard, acting through the appropriate Area Committee 

23 established under section 311(j)(4) of the Federal Water 

24 Pollution Control Act, shall prepare a vessel traffic risk 


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1 assessment for Cook Inlet, Alaska, within one year after 

2 the date of enactment of this Act. 

3 (b) CONTENTS.—The assessment shall describe, for 

4 the region covered by the assessment— 

5 (1) the amount and character of present and 

6 estimated future shipping traffic in the region; and 

7 (2) the current and projected use and effective8 ness in reducing risk, of— 

9 (A) traffic separation schemes and routing 

10 measures; 

11 (B) long-range vessel tracking systems de12 veloped under section 70115 of title 46, United 

13 States Code; 

14 (C) towing, response, or escort tugs; 

15 (D) vessel traffic services; 

16 (E) emergency towing packages on vessels; 

17 (F) increased spill response equipment in18 cluding equipment appropriate for severe weath19 er and sea conditions; 

20 (G) the Automatic Identification System 

21 developed under section 70114 of title 46, 

22 United States Code; 

23 (H) particularly sensitive sea areas, areas 

24 to be avoided, and other traffic exclusion zones; 

25 (I) aids to navigation; and 


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1 (J) vessel response plans. 

2 (c) RECOMMENDATIONS.— 

3 (1) IN GENERAL.—The assessment shall include 

4 any appropriate recommendations to enhance the 

5 safety, or lessen potential adverse environmental im6 pacts, of marine shipping. 

7 (2) CONSULTATION.—Before making any rec8 ommendations under paragraph (1) for a region, the 

9 Area Committee shall consult with affected local, 

10 State, and Federal government agencies, representa11 tives of the fishing industry, Alaska Natives from 

12 the region, the conservation community, and the 

13 merchant shipping and oil transportation industries. 

14 (d) PROVISION TO CONGRESS.—The Commandant 

15 shall provide a copy of the assessment to the Committee 

16 on Transportation and Infrastructure of the House of 

17 Representatives and the Committee on Commerce, 

18 Science, and Transportation of the Senate. 

19 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated to the Commandant 

21 $1,000,000 for fiscal year 2010 to the conduct the assess22 ment. 


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1 SEC. 1312. CONVEYANCE OF COAST GUARD VESSELS TO 

2 MISSISSIPPI. 

3 (a) AUTHORITY TO CONVEY.—Notwithstanding the 

4 Federal Property and Administrative Services Act of 

5 1949, the Commandant of the Coast Guard may convey 

6 to each recipient described in subsection (b) (in this sec7 tion referred to as the ‘‘Sheriff’s Department’’), without 

8 consideration all right, title, and interest of the United 

9 States in and to a Coast Guard trailerable boat, ranging 

10 from 17 feet to 30 feet in size, that the Commandant de11 termines— 

12 (1) is appropriate for use by the Sheriff’s De13 partment; and 

14 (2) is excess to the needs of the Coast Guard 

15 and the Department of Homeland Security. 

16 (b) RECIPIENTS.—The recipients referred to in sub17 section (a) are the following: 

18 (1) The Sheriff’s Department of Coahoma 

19 County, Mississippi. 

20 (2) The Sheriff’s Department of Warren Coun21 ty, Mississippi. 

22 (3) The Sheriff’s Department of Washington 

23 County, Mississippi. 

24 (c) CONDITION.—As a condition of conveying a vessel 

25 under the authority provided in subsection (a), the Com26 mandant shall enter into an agreement with the Sheriff’s 


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1 Department under which the Sheriff’s Department 

2 agrees— 

3 (1) to utilize the vessel for homeland security 

4 and other appropriate purposes as jointly agreed 

5 upon by the Commandant and the Sheriff’s Depart6 ment before conveyance; and 

7 (2) to take the vessel ‘‘as is’’ and to hold the 

8 United States harmless for any claim arising with 

9 respect to that vessel after conveyance of the vessel, 

10 including any claims arising from the condition of 

11 the vessel and its equipment or exposure to haz12 ardous materials. 

13 (d) DELIVERY OF VESSEL.—The Commandant shall 

14 deliver the vessel conveyed under the authority provided 

15 in subsection (a)— 

16 (1) at the place where the vessel is located on 

17 the date of the conveyance; 

18 (2) in its condition on the date of conveyance; 

19 and 

20 (3) without cost to the United States. 

21 (e) OTHER EXCESS EQUIPMENT.—The Commandant 

22 may further convey any excess equipment or parts from 

23 other Coast Guard vessels, which are excess to the needs 

24 of the Coast Guard and the Department of Homeland Se25 curity, to the Sheriff’s Department for use to enhance the 


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1 operability of the vessel conveyed under the authority pro2 vided in subsection (a). 

3 (f) ADDITIONAL TERMS AND CONDITIONS.—The 

4 Commandant may require such additional terms and con5 ditions in connection with the conveyance authorized by 

6 subsection (a) as the Commandant considers appropriate 

7 to protect the interests of the United States. 

8 SEC. 1313. COAST GUARD ASSETS FOR UNITED STATES VIR9 GIN ISLANDS. 

10 (a) IN GENERAL.—The Secretary of Homeland Secu11 rity may station additional Coast Guard assets in the 

12 United States Virgin Islands for port security and other 

13 associated purposes. 

14 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to the Secretary for fis16 cal year 2010 such sums as are necessary to carry out 

17 this section. 

18 SEC. 1314. OFFICER REQUIREMENTS FOR DISTANT WATER 

19 TUNA VESSELS. 

20 Section 8103 of title 46, United States Code, is 

21 amended by adding at the end the follow new subsection: 

22 ‘‘(l) OFFICER REQUIREMENTS FOR DISTANT WATER

23 TUNA VESSELS.— 

24 ‘‘(1) CITIZENSHIP.—Notwithstanding sub25 section (a), a purse seine tuna fishing vessel docuVerDate Nov 24 2008 00:19 Nov 03, 2009 Jkt 089200 PO 00000 Frm 00325 Fmt 6652 Sfmt 6201 E:\BILLS\H3619.PCS H3619

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1 mented under chapter 121 fishing exclusively for 

2 highly migratory species under a fishing license 

3 issued pursuant to the 1987 Treaty on Fisheries Be4 tween the Governments of Certain Pacific Islands 

5 States and the Government of the United States of 

6 America in the treaty area (as that term is used in 

7 that treaty), or transiting to or from the treaty area 

8 exclusively for such purpose, may engage an indi9 vidual who is not a citizen of the United States to 

10 fill a vacancy in a position referred to in subsection 

11 (a) (except for the master) if, after timely public no12 tice of the vacancy, no United States citizens are 

13 readily available to fill the vacancy. 

14 ‘‘(2) RESTRICTIONS.— 

15 ‘‘(A) IN GENERAL.—An individual may not 

16 be engaged under paragraph (1) unless the in17 dividual holds a valid license or certificate 

18 issued— 

19 ‘‘(i) in accordance with the standards 

20 established by the 1995 amendments to 

21 the Convention on Standards of Training, 

22 Certification and Watchkeeping for Sea23 farers, 1978 (STCW 95); and 

24 ‘‘(ii) by an authority that the Sec25 retary of the department in which the 


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1 Coast Guard is operating recognizes as im2 posing competency and training standards 

3 equivalent to or exceeding those required 

4 for a issued under chapter 71. 

5 ‘‘(B) LIMITATION ON APPLICATION.— 

6 Paragraph (1) applies only to engagement of an 

7 individual on a vessel that— 

8 ‘‘(i) is homeported in American 

9 Samoa, Guam, or the Northern Mariana 

10 Islands; and 

11 ‘‘(ii) has passed an annual commercial 

12 fishing vessel safety exam administered by 

13 a individual authorized to enforce this title. 

14 ‘‘(3) TREATMENT OF EQUIVALENT LICENSE.— 

15 The Secretary of the department in which the Coast 

16 Guard is operating shall treat a license held by an 

17 individual engaged under paragraph (1) that was 

18 issued by a foreign government as meeting the re19 quirements of section 8304 with respect to that en20 gagement, if the Secretary determines that the 

21 standards for issuing that license are equivalent to 

22 the standards that apply under that section.’’. 


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1 SEC. 1315. ASSESSMENT OF NEEDS FOR ADDITIONAL COAST 

2 GUARD PRESENCE IN HIGH LATITUDE RE3 GIONS. 

4 Within 270 days after the date of enactment of this 

5 Act, the Secretary of the department in which the Coast 

6 Guard is operating shall submit a report to the Committee 

7 on Commerce, Science, and Transportation of the Senate 

8 and the Committee on Transportation and Infrastructure 

9 of the House of Representatives assessing the need for ad10 ditional Coast Guard prevention and response capability 

11 in the high latitude regions. The assessment shall address 

12 needs for all Coast Guard mission areas, including search 

13 and rescue, marine pollution response and prevention, 

14 fisheries enforcement, and maritime commerce. The Sec15 retary shall include in the report— 

16 (1) an assessment of the high latitude operating 

17 capabilities of all current Coast Guard assets, in18 cluding assets acquired under the Deepwater pro19 gram; 

20 (2) an assessment of projected needs for Coast 

21 Guard forward operating bases in the high latitude 

22 regions; 

23 (3) an assessment of shore infrastructure, per24 sonnel, logistics, communications, and resources re25 quirements to support Coast Guard forward oper26 ating bases in the high latitude regions; 


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1 (4) an assessment of the need for high latitude 

2 icebreaking capability and the capability of the cur3 rent high latitude icebreaking assets of the Coast 

4 Guard, including— 

5 (A) whether the Coast Guard’s high lati6 tude icebreaking fleet is meeting current mis7 sion performance goals; 

8 (B) whether the fleet is capable of meeting 

9 projected mission performance goals; and 

10 (C) an assessment of the material condi11 tion, safety, and working conditions aboard 

12 high latitude icebreaking assets, including the 

13 effect of those conditions on mission perform14 ance; 

15 (5) a detailed estimate of acquisition costs for 

16 each of the assets (including shore infrastructure) 

17 necessary for additional prevention and response ca18 pability in high latitude regions for all Coast Guard 

19 mission areas, and an estimate of operations and 

20 maintenance costs for such assets for the initial 10- 

21 year period of operations; and 

22 (6) detailed cost estimates (including operating 

23 and maintenance for a period of 10 years) for high 

24 latitude icebreaking capability to ensure current and 


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1 projected future mission performance goals are met, 

2 including estimates of the costs to— 

3 (A) renovate and modernize the Coast 

4 Guard’s existing high latitude icebreaking fleet; 

5 and 

6 (B) replace the Coast Guard’s existing 

7 high latitude icebreaking fleet. 

8 SEC. 1316. STUDY OF BRIDGES OVER NAVIGABLE WATERS. 

9 The Secretary of Transportation shall submit to the 

10 Committee on Commerce, Science, and Transportation of 

11 the Senate and the Committee on Transportation and In12 frastructure of the House of Representatives a comprehen13 sive study on the proposed construction or alteration of 

14 any bridge, drawbridge, or causeway over navigable waters 

15 with a channel depth of 25 feet or greater of the United 

16 States that may impede or obstruct future navigation to 

17 or from port facilities. 

18 SEC. 1317. LIMITATION ON JURISDICTION OF STATES TO 

19 TAX CERTAIN SEAMEN. 

20 Section 11108(b)(2)(B) of title 46, United States 

21 Code, is amended to read as follows: 

22 ‘‘(B) who performs regularly assigned du23 ties while engaged as a master, officer, or crew24 man on a vessel operating on navigable waters 

25 in 2 or more States.’’. 


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1 SEC. 1318. DECOMMISSIONED COAST GUARD VESSELS FOR 

2 BERMUDA. 

3 (a) IN GENERAL.—Notwithstanding any other law, 

4 upon the scheduled decommissioning of any Coast Guard 

5 41-foot patrol boat and after the Government of Haiti has 

6 exercised all of their options under section 1309, the Com7 mandant of the Coast Guard shall give the Government 

8 of Bermuda a right-of-first-refusal for conveyance of that 

9 vessel to the Government of Bermuda, if that Government 

10 of Bermuda agrees— 

11 (1) to use the vessel for the Coast Guard of 

12 Bermuda; 

13 (2) to make the vessel available to the United 

14 States Government if needed for use by the Com15 mandant in time of war or national emergency; 

16 (3) to hold the United States Government 

17 harmless for any claims arising from exposure to 

18 hazardous materials, including asbestos and poly19 chlorinated biphenyls, after conveyance of the vessel, 

20 except for claims arising from the use by the United 

21 States Government under paragraph (2); and 

22 (4) to any other conditions the Commandant 

23 considers appropriate. 

24 (b) LIMITATION.—The Commandant may not convey 

25 more than 3 vessels to the Government of Bermuda pursu26 ant to this section. 


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1 (c) MAINTENANCE AND DELIVERY OF VESSEL.— 

2 (1) MAINTENANCE.—Before conveyance of a 

3 vessel under this section, the Commandant shall 

4 make, to the extent practical and subject to other 

5 Coast Guard mission requirements, every effort to 

6 maintain the integrity of the vessel and its equip7 ment until the time of delivery. 

8 (2) DELIVERY.—If a conveyance is made under 

9 this section, the Commandant shall deliver a vessel 

10 to a suitable mooring in the local area in its present 

11 condition. 

12 (3) TREATMENT OF CONVEYANCE.—The con13 veyance of a vessel under this section shall not be 

14 considered a distribution in commerce for purposes 

15 of section 6(e) of Public Law 94–469 (15 U.S.C. 

16 2605(e)). 

17 SEC. 1319. CONVEYANCE OF COAST GUARD VESSELS TO 

18 NASSAU COUNTY, NEW YORK. 

19 (a) AUTHORITY TO CONVEY.—Notwithstanding the 

20 Federal Property and Administrative Services Act of 

21 1949, the Commandant of the Coast Guard may convey 

22 to the Police Department of Nassau County, New York 

23 (in this section referred to as the ‘‘Police Department’’), 

24 without consideration all right, title, and interest of the 


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1 United States in and to two Coast Guard 41-foot patrol 

2 boats that the Commandant determines— 

3 (1) is appropriate for use by the Police Depart4 ment; and 

5 (2) is excess to the needs of the Coast Guard 

6 and the Department of Homeland Security. 

7 (b) CONDITION.—As a condition of conveying a vessel 

8 under the authority provided in subsection (a), the Com9 mandant shall enter into an agreement with the Police De10 partment under which the Police Department agrees— 

11 (1) to utilize the vessel for homeland security 

12 and other appropriate purposes as jointly agreed 

13 upon by the Commandant and the Police Depart14 ment before conveyance; and 

15 (2) to take the vessel ‘‘as is’’ and to hold the 

16 United States harmless for any claim arising with 

17 respect to that vessel after conveyance of the vessel, 

18 including any claims arising from the condition of 

19 the vessel and its equipment or exposure to haz20 ardous materials. 

21 (c) DELIVERY OF VESSEL.—The Commandant shall 

22 deliver a vessel conveyed under the authority provided in 

23 subsection (a)— 

24 (1) at the place where the vessel is located on 

25 the date of the conveyance; 


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1 (2) in its condition on the date of conveyance; 

2 and 

3 (3) without cost to the United States. 

4 (d) OTHER EXCESS EQUIPMENT.—The Commandant 

5 may further convey any excess equipment or parts from 

6 other Coast Guard vessels, which are excess to the needs 

7 of the Coast Guard and the Department of Homeland Se8 curity, to the Police Department for use to enhance the 

9 operability of a vessel conveyed under the authority pro10 vided in subsection (a). 

11 (e) ADDITIONAL TERMS AND CONDITIONS.—The 

12 Commandant may require such additional terms and con13 ditions in connection with a conveyance authorized by sub14 section (a) as the Commandant considers appropriate to 

15 protect the interests of the United States. 

16 SEC. 1320. NEWTOWN CREEK, NEW YORK CITY, NEW YORK. 

17 (a) STUDY.—The Administrator of the Environ18 mental Protection Agency shall conduct a study on the 

19 public health, safety, and environmental concerns related 

20 to the underground petroleum spill on the Brooklyn shore21 line of Newtown Creek, New York City, New York, in 

22 Greenpoint, Brooklyn, New York. 

23 (b) FULL-SITE CHARACTERIZATION AND COLLEC24 TION OF NEW FIELD EVIDENCE.—In carrying out the 

25 study under this section, the Administrator shall conduct 


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1 a full-site characterization of the underground petroleum 

2 spill, including the investigation, collection, and analysis 

3 of new and updated data and field evidence on the extent 

4 of the petroleum spill, including any portion of the spill 

5 that has been diluted into surrounding waters, and any 

6 surrounding soil contamination or soil vapor contamina7 tion. 

8 (c) REPORT.—Not later than one year after the date 

9 of enactment of this Act, the Administrator shall submit 

10 a report containing the results of the study to the Com11 mittee on Environment and Public Works and the Com12 mittee on Commerce, Science, and Transportation of the 

13 Senate and the Committee on Transportation and Infra14 structure of the House of Representatives. 

15 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to carry out this section 

17 $5,000,000. 

18 (e) SAVINGS PROVISION.—Nothing in this section 

19 shall be construed to affect or limit the application of, or 

20 any obligation to comply with, any environmental law, in21 cluding the Comprehensive Environmental Response, 

22 Compensation, and Liability Act of 1980 (42 U.S.C. 9601 

23 et seq.). 


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1 SEC. 1321. LAND CONVEYANCE, COAST GUARD PROPERTY 

2 IN MARQUETTE COUNTY, MICHIGAN, TO THE 

3 CITY OF MARQUETTE, MICHIGAN. 

4 (a) CONVEYANCE AUTHORIZED.—(1) The Com5 mandant of the Coast Guard may convey as surplus prop6 erty, under section 550 of title 40, United States Code, 

7 and other relevant Federal Laws governing the disposal 

8 of Federal surplus property, to the City of Marquette, 

9 Michigan (in this section referred to as the ‘‘City’’), all 

10 right, title, and interest of the United States in and to 

11 a parcel of real property, together with any improvements 

12 thereon, located in Marquette County, Michigan, that is 

13 under the administrative control of the Coast Guard, con14 sisting of approximately 5.5 acres of real property, as de15 picted on the Van Neste survey (#204072), dated Sep16 tember 7, 2006, together with the land between the inter17 mediate traverse line as shown on such survey and the 

18 ordinary high water mark, the total comprising 9 acres, 

19 more or less, and commonly identified as Coast Guard 

20 Station Marquette and Lighthouse Point. 

21 (2) COSTS OF CONVEYANCE.—The City shall be re22 sponsible for all reasonable and necessary costs, including 

23 real estate transaction and environmental documentation 

24 costs, associated with the transaction. 

25 (b) RETENTION OF CERTAIN EASEMENTS.—In con26 veying the property under subsection (a), the ComVerDate Nov 24 2008 00:19 Nov 03, 2009 Jkt 089200 PO 00000 Frm 00336 Fmt 6652 Sfmt 6201 E:\BILLS\H3619.PCS H3619

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1 mandant of the Coast Guard may retain such easements 

2 over the property as the Commandant considers appro3 priate for access to aids to navigation. 

4 (c) LIMITATIONS.—The property to be conveyed 

5 under subsection (a) may not be conveyed under that sub6 section until— 

7 (1) the Coast Guard has relocated Coast Guard 

8 Station Marquette to a newly constructed station; 

9 (2) any environmental remediation required 

10 under Federal law with respect to the property has 

11 been completed; and 

12 (3) the Commandant of the Coast Guard deter13 mines that retention of the property by the United 

14 States is not required to carry out Coast Guard mis15 sions or functions. 

16 (d) CONDITIONS OF TRANSFER.—All conditions 

17 placed within the deed of title of the property to be con18 veyed under subsection (a) shall be construed as covenants 

19 running with the land. 

20 (e) DESCRIPTION OF PROPERTY.—The exact acreage 

21 and legal description of the property to be conveyed under 

22 subsection (a) shall be determined by a survey satisfactory 

23 to the Commandant of the Coast Guard. 

24 (f) ADDITIONAL TERMS AND CONDITIONS.—The 

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1 tional terms and conditions in connection with the convey2 ance authorized by subsection (a) as the Commandant 

3 considers appropriate to protect the interests of the 

4 United States. 

5 SEC. 1322. MISSION REQUIREMENT ANALYSIS FOR NAVI6 GABLE PORTIONS OF THE RIO GRANDE 

7 RIVER, TEXAS, INTERNATIONAL WATER 

8 BOUNDARY. 

9 Not later than 90 days after the date of the enact10 ment of this Act, the Secretary of the department in which 

11 the Coast Guard is operating shall prepare a mission re12 quirement analysis for the navigable portions of the Rio 

13 Grande River, Texas, international water boundary. The 

14 analysis shall take into account the Coast Guard’s involve15 ment on the Rio Grande River by assessing Coast Guard 

16 missions, assets, and personnel assigned along the Rio 

17 Grande River. The analysis shall also identify what would 

18 be needed for the Coast Guard to increase search and res19 cue operations, migrant interdiction operations, and drug 

20 interdiction operations. In carrying out this section, the 

21 Secretary shall work with all appropriate entities to facili22 tate the collection of information under this section as nec23 essary and shall report the analysis to the Congress. 


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1 SEC. 1323. CONVEYANCE OF COAST GUARD PROPERTY IN 

2 CHEBOYGAN, MICHIGAN. 

3 (a) CONVEYANCE AUTHORIZED.—Notwithstanding 

4 any other provision of law, the Commandant of the Coast 

5 Guard is authorized to convey, at fair market value, all 

6 right, title, and interest of the United States in and to 

7 a parcel of real property, consisting of approximately 3 

8 acres, more or less, that is under the administrative con9 trol of the Coast Guard and located at 900 S. Western 

10 Avenue in Cheboygan, Michigan. 

11 (b) RIGHT OF FIRST REFUSAL.—The Cornerstone 

12 Christian Academy, located in Cheboygan, MI, shall have 

13 the right of first refusal to purchase, at fair market value, 

14 all or a portion of the real property described in subsection 

15 (a). 

16 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

17 and legal description of the property to be conveyed under 

18 subsection (a) shall be determined by a survey satisfactory 

19 to the Commandant of the Coast Guard. 

20 (d) FAIR MARKET VALUE.—The fair market value 

21 of the property shall be— 

22 (1) determined by appraisal, in accordance with 

23 the Uniform Appraisal Standards for Federal Land 

24 Acquisitions and the Uniform Standards of Profes25 sional Appraisal Practice; and 

26 (2) subject to the approval of the Commandant. 


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1 (e) COSTS OF CONVEYANCE.—The purchaser shall be 

2 responsible for all reasonable and necessary costs, includ3 ing real estate transaction and environmental documenta4 tion costs, associated with the transaction. 

5 (f) 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 (g) ADDITIONAL TERMS AND CONDITIONS.—The 

19 Commandant of the Coast Guard may require such addi20 tional terms and conditions in connection with the convey21 ance under subsection (a) as is considered appropriate to 

22 protect the interests of the United States. 


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1 SEC. 1324. DISCHARGES INCIDENTAL TO NORMAL OPER2 ATION OF VESSELS. 

3 Public Law 110–299 (122 Stat. 2995, 33 U.S.C. 

4 1342 note) is amended in section 2(a) by striking ‘‘during 

5 the 2-year period beginning on the date of enactment of 

6 this Act’’ and inserting ‘‘during the period beginning on 

7 the date of enactment of this Act and ending December 

8 18, 2013’’. 

9 SEC. 1325. TALL SHIP CHALLENGE RACE. 

10 (a) FINDINGS.—The Congress finds that— 

11 (1) The Tall Ship Challenge race will occur on 

12 the Great Lakes in 2010; 

13 (2) the ships will race through all five Great 

14 Lakes, two Canadian provinces, and five American 

15 States for the first time; 

16 (3) the ships will also promote water conserva17 tion education and training of youth; and 

18 (4) thousands of Americans will visit the ships 

19 when they are in United States ports. 

20 (b) ENSURING PARTICIPATION.—The Congress urges 

21 the Commandant of the Coast Guard to take all initiative 

22 necessary to ensure that tall ships can participate in the 

23 Tall Ship Challenge race in a safe manner including modi24 fications to the pilotage requirements under the authority 

25 of section 2113 of title 46, United States Code. 


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1 SEC. 1326. HAITIAN MARITIME CADETS. 

2 Section 51304 of title 46, United States Code, is 

3 amended by adding at the end the following: 

4 ‘‘(e) HAITI.—The Secretary of Transportation, with 

5 the approval of the Secretary of State, may appoint indi6 viduals from Haiti to receive instruction at the Academy. 

7 Individuals appointed under this subsection are in addition 

8 to those appointed under any other provision of this chap9 ter.’’. 

10 SEC. 1327. ALTERNATIVE LICENSING PROGRAM FOR OPER11 ATORS OF UNINSPECTED PASSENGER VES12 SELS ON LAKE TEXOMA IN TEXAS AND OKLA13 HOMA. 

14 (a) IN GENERAL.—Upon the request of the Governor 

15 of the State of Texas or the Governor of the State of Okla16 homa, the Secretary of the department in which the Coast 

17 Guard is operating shall enter into an agreement with the 

18 Governor of the State whereby the State shall license oper19 ators of uninspected passenger vessels operating on Lake 

20 Texoma in Texas and Oklahoma in lieu of the Secretary 

21 issuing the license pursuant to section 8903 of title 46, 

22 United States Code, and the regulations issued there23 under, but only if the State plan for licensing the opera24 tors of uninspected passenger vessels— 

25 (1) meets the equivalent standards of safety 

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1 tained in subtitle II of title 46, United States Code, 

2 and regulations issued thereunder; 

3 (2) includes— 

4 (A) standards for chemical testing for such 

5 operators; 

6 (B) physical standards for such operators; 

7 (C) professional service and training re8 quirements for such operators; and 

9 (D) criminal history background check for 

10 such operators; 

11 (3) provides for the suspension and revocation 

12 of State licenses; 

13 (4) makes an individual, who is ineligible for a 

14 license issued under title 46, United States Code, in15 eligible for a State license; and 

16 (5) provides for a report that includes— 

17 (A) the number of applications that, for 

18 the preceding year, the State rejected due to 

19 failure to— 

20 (i) meet chemical testing standards; 

21 (ii) meet physical standards; 

22 (iii) meet professional service and 

23 training requirements; and 

24 (iv) pass criminal history background 

25 check for such operators; 


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1 (B) the number of licenses that, for the 

2 preceding year, the State issued; 

3 (C) the number of license investigations 

4 that, for the preceding year, the State con5 ducted; 

6 (D) the number of licenses that, for the 

7 preceding year, the State suspended or revoked, 

8 and the cause for such suspensions or revoca9 tions; and 

10 (E) the number of injuries, deaths, colli11 sions, and loss or damage associated with 

12 uninspected passenger vessels operations that, 

13 for the preceding year, the State investigated. 

14 (b) ADMINISTRATION.— 

15 (1) The Governor of the State may delegate the 

16 execution and enforcement of the State plan, includ17 ing the authority to license and the duty to report 

18 information pursuant to subsection (a), to any sub19 ordinate State officer. The Governor shall provide, 

20 to the Secretary, written notice of any delegation. 

21 (2) The Governor (or the Governor’s designee) 

22 shall provide written notice of any amendment to the 

23 State plan no less than 45 days prior to the effective 

24 date of such amendment. 


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1 (3) At the request of the Secretary, the Gov2 ernor of the State (or the Governor’s designee) shall 

3 grant, on a biennial basis, the Secretary access to 

4 State records and State personnel for the purpose of 

5 auditing State execution and enforcement of the 

6 State plan. 

7 (c) APPLICATION.— 

8 (1) The requirements of section 8903 of title 

9 46, United States Code, and the regulations issued 

10 thereunder shall not apply to any person operating 

11 under the authority of a State license issued pursu12 ant to an agreement under this section. 

13 (2) The State shall not compel a person, oper14 ating under the authority of a license issued either 

15 by another State, pursuant to a valid agreement 

16 under this section, or by the Secretary, pursuant to 

17 section 8903 of title 46, United States Code, to— 

18 (A) hold a license issued by the State, pur19 suant to an agreement under this section; or 

20 (B) pay any fee, associated with licensing, 

21 because the person does not hold a license 

22 issued by the State, pursuant to an agreement 

23 under this section. 

24 Nothing in this paragraph shall limit the authority 

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1 leges, other than licensing, that are associated with 

2 the operation of uninspected passenger vessels on 

3 Lake Texoma. 

4 (3) For the purpose of enforcement, if an indi5 vidual is issued a license— 

6 (A) by a State, pursuant to an agreement 

7 entered into under to this section; or 

8 (B) by the Secretary, pursuant to section 

9 8903 of title 46, United States Code, 

10 then the individual shall be entitled to lawfully oper11 ate an uninspected passenger vessel on Lake 

12 Texoma in Texas and Oklahoma without further re13 quirement to hold an additional operator’s license. 

14 (d) TERMINATION.— 

15 (1) If— 

16 (A) the Secretary finds that the State plan 

17 for the licensing the operators of uninspected 

18 passenger vessels— 

19 (i) does not meet the equivalent 

20 standards of safety and protection of the 

21 environment as those contained in subtitle 

22 II of title 46, United States Code, and reg23 ulations issued thereunder; 

24 (ii) does not include— 


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1 (I) standards for chemical testing 

2 for such operators, 

3 (II) physical standards for such 

4 operators, 

5 (III) professional service and 

6 training requirements for such opera7 tors, or 

8 (IV) background and criminal in9 vestigations for such operators; 

10 (iii) does not provide for the suspen11 sion and revocation of State licenses; or 

12 (iv) does not make an individual, who 

13 is ineligible for a license issued under title 

14 46, United States Code, ineligible for a 

15 State license; or 

16 (B) the Governor (or the Governor’s des17 ignee) fails to report pursuant to subsection (b), 

18 the Secretary shall terminate the agreement author19 ized by this section, provided that the Secretary pro20 vides written notice to the Governor of the State 60 

21 days in advance of termination. The findings of fact 

22 and conclusions of the Secretary, if based on a pre23 ponderance of the evidence, shall be conclusive. 

24 (2) The Governor of the State may terminate 

25 the agreement authorized by this section, provided 


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1 that the Governor provides written notice to the Sec2 retary 60 days in advance of the termination date. 

3 (e) EXISTING AUTHORITY.—Nothing in this section 

4 shall affect or diminish the authority or jurisdiction of any 

5 Federal or State officer to investigate, or require reporting 

6 of, marine casualties. 

7 (f) DEFINITIONS.—For the purposes of this section, 

8 the term ‘‘uninspected passenger vessel’’ has the same 

9 meaning such term has in section 2101(42)(B) of title 46, 

10 United States Code. 

11 SEC. 1328. IMPROVEMENTS TO REDUCE HUMAN ERROR 

12 AND NEAR-MISS INCIDENTS. 

13 (a) REPORT.—Within 1 year after the date of enact14 ment of this Act, the Secretary of the department in which 

15 the Coast Guard is operating shall transmit a report to 

16 the House of Representatives Committee on Transpor17 tation and Infrastructure and the Senate Committee on 

18 Commerce, Science, and Transportation that, using avail19 able data— 

20 (1) identifies the types of human errors that, 

21 combined, account for over 50 percent of all oils 

22 spills involving vessels that have been caused by 

23 human error in the past 10 years; 

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1 sions, groundings, and loss of propulsion in the past 

2 10 years; 

3 (3) describes the extent to which there are gaps 

4 in the data with respect to the information required 

5 under paragraphs (1) and (2) and explains the rea6 son for those gaps; and 

7 (4) includes recommendations by the Secretary 

8 to address the identified types of errors and inci9 dents to address any such gaps in the data. 

10 (b) MEASURES.—Based on the findings contained in 

11 the report required by subsection (a), the Secretary shall 

12 take appropriate action, both domestically and at the 

13 International Maritime Organization, to reduce the risk 

14 of oil spills caused by human error. 

15 SEC. 1329. CONVEYANCE OF COAST GUARD PROPERTY IN 

16 PORTLAND, MAINE. 

17 Section 347 of the Maritime Transportation Security 

18 Act of 2002 (116 Stat. 2108; as amended by section 706 

19 of Public Law 109–347 (120 Stat. 1946)) is amended— 

20 (1) in subsection (c)(1), by striking ‘‘December 

21 31, 2009’’ and inserting ‘‘December 31, 2011’’; 

22 (2) in subsection (d)(1), by striking ‘‘its pro23 posed public aquarium’’ and inserting ‘‘a new build24 ing in compliance with the waterfront provisions of 


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1 the City of Portland Code of Ordinances adjacent to 

2 the pier and bulkhead’’; and 

3 (3) in subsection (i), by adding at the end the 

4 following new paragraph: 

5 ‘‘(3) PUBLIC AQUARIUM.—For purposes of this 

6 section, the term ‘aquarium’ or ‘public aquarium’ as 

7 used in this section or in the deed delivered to the 

8 Corporation or any agreement entered into pursuant 

9 to this section, means any new building constructed 

10 by the Corporation adjacent to the pier and bulk11 head in compliance with the waterfront provisions of 

12 the City of Portland Code of Ordinances.’’. 

13 SEC. 1330. TUG ESCORTS FOR LADEN OIL TANKERS. 

14 Within 1 year after the date of enactment of this Act, 

15 the Secretary of State, in consultation with the Com16 mandant of the Coast Guard, is encouraged to enter into 

17 negotiations with the Government of Canada to ensure 

18 that tugboat escorts are required for all tank ships with 

19 a capacity over 40,000 deadweight tons in the Strait of 

20 Juan de Fuca, Strait of Georgia, and in Haro Strait. The 

21 Commandant shall consult with the State of Washington 

22 and affected tribal governments during negotiations with 

23 the Government of Canada. 


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1 SEC. 1331. STUDY AND REPORT REGARDING EFFECTS RE2 SULTING FROM CHANGES IN UNITED STATES 

3 IMMIGRATION POLICY TOWARD HAITI. 

4 The Secretary of the department in which the Coast 

5 Guard is operating shall conduct a study and submit a 

6 report to Congress within 180 days after the date of the 

7 enacment of this Act examining the Coast Guard’s current 

8 ability to respond to any possible short- and long-term ef9 fects resulting from changes in United States immigration 

10 policy toward Haiti. The study and report shall examine 

11 several likely scenarios and draw upon past experiences 

12 with changes to immigration policy with regards to Haiti. 

13 SEC. 1332. STRATEGY REGARDING DRUG TRAFFICKING 

14 VESSELS. 

15 Within 180 days after the date of enactment of this 

16 Act, the Secretary of the department in which the Coast 

17 Guard is operating, acting through the Commandant of 

18 the Coast Guard, shall develop a comprehensive strategy 

19 to combat the illicit flow of narcotics, weapons, bulk cash, 

20 and other contraband through the use of submersible and 

21 semi-submersible vessels. The strategy shall be developed 

22 in coordination with other Federal agencies engaged in de23 tection, interdiction, or apprehension of such vessels. At 

24 a minimum, the strategy shall include the following: 

25 (1) An assessment of the threats posed by sub26 mersible and semi-submersible vessels, including the 


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1 number of such vessels that have been detected or 

2 interdicted. 

3 (2) Information regarding the Federal per4 sonnel, technology and other resources available to 

5 detect and interdict such vessels. 

6 (3) An explanation of the Coast Guard’s plan, 

7 working with other Federal agencies as appropriate, 

8 to detect and interdict such vessels. 

9 (4) An assessment of additional personnel, tech10 nology, or other resources necessary to address such 

11 vessels. 

12 SEC. 1333. AUTHORITY OF THE COAST GUARD TO CARRY 

13 OUT ITS HOMELAND SECURITY MISSIONS. 

14 The provisions of this Act that relate to the Coast 

15 Guard’s marine safety mission shall not impair the author16 ity of the Coast Guard to carry out its homeland security 

17 missions, including— 

18 (1) protecting ports, waterways, and marine 

19 transportation systems in the United States from 

20 acts of terrorism; 

21 (2) safeguarding the United States’ inter22 national borders from maritime intrusions by aliens 

23 seeking unlawful entry into the United States, and 

24 from individuals who aim to traffic in illegal drugs, 


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1 firearms, and weapons of mass destruction in the 

2 United States; 

3 (3) maintaining defense readiness, as one of the 

4 armed forces, to rapidly mobilize and deploy defen5 sive security personnel during a national emergency; 

6 (4) coordinating efforts with Federal, State, 

7 and local intelligence agencies to deter, detect, and 

8 take action against acts of terrorism; 

9 (5) preventing human smuggling operations at 

10 ports, on waterways, and throughout the marine 

11 transportation system; and 

12 (6) enhancing stability in the United States in 

13 support of the national security strategy of the 

14 United States as referred to in section 108 of the 

15 National Security Act of 1947 (50 U.S.C. 404a). 

16 SEC. 1334. USE OF FORCE AGAINST PIRACY. 

17 (a) IN GENERAL.—Notwithstanding title X of this 

18 Act, chapter 81 of title 46, United States Code, is amend19 ed by adding at the end the following new section: 

20 ‘‘§ 8107. Use of force against piracy 

21 ‘‘(a) LIMITATION ON LIABILITY.—An owner, oper22 ator, time charterer, master, or mariner who uses force, 

23 or authorizes the use of force, to defend a vessel of the 

24 United States against an act of piracy shall not be liable 


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1 for any injury or death caused by such force to any person 

2 participating in the act of piracy. 

3 ‘‘(b) PROMOTION OF COORDINATED ACTION.—To 

4 carry out the purpose of this section, the Secretary of the 

5 department in which the Coast Guard is operating shall 

6 work through the International Maritime Organization to 

7 establish agreements to promote coordinated action among 

8 flag- and port-states to deter, protect against, and rapidly 

9 respond to acts of piracy against the vessels of, and in 

10 the waters under the jurisdiction of, those nations, and 

11 to ensure limitations on liability similar to those estab12 lished by subsection (a).’’. 

13 (b) CLERICAL AMENDMENT.—The analysis at the be14 ginning of such chapter is amended by adding at the end 

15 the following new item: 

‘‘8107. Use of force against piracy.’’. 

16 SEC. 1335. REPORT ON THE EFFECT OF FACILITIES INFRA17 STRUCTURE ON MISSION FULFILLMENT. 

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

19 shall conduct a national study on the facility infrastruc20 ture requirements needed to fulfill the Coast Guard’s pre21 scribed missions and capabilities, and ensure that the de22 partment in which the Coast Guard is operating maintains 

23 the ability to utilize the latest technologies. 

24 (b) REPORT.—Within 180 days after the date of en25 actment of this Act, the Commandant shall submit a reVerDate Nov 24 2008 00:19 Nov 03, 2009 Jkt 089200 PO 00000 Frm 00354 Fmt 6652 Sfmt 6201 E:\BILLS\H3619.PCS H3619

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1 port on the results of the study conducted under sub2 section (a) to the Committee on Transportation and Infra3 structure of the House of Representatives and the Com4 mittee on Commerce, Science, and Transportation of the 

5 Senate. The report shall include— 

6 (1) an assessment of any current shortfalls in 

7 facility infrastructure, including the extent of the 

8 use of temporary trailers and an inventory of the 

9 number and type of new facilities needed to meet the 

10 Coast Guards’s mission needs; and 

11 (2) a plan for how the Commandant will de12 velop the appropriate facility infrastructure, includ13 ing timelines, budgets, and any additional legislative 

14 authority the Commandant determines is required to 

15 implement such plan. 

16 TITLE XIV—SERVICEMEMBER 

17 BENEFITS IMPROVEMENT 

18 SEC. 1401. SHORT TITLE. 

19 This title may be cited as the ‘‘United States Coast 

20 Guard Servicemember Benefits Improvements Act’’. 

21 SEC. 1402. COAST GUARD HOUSING. 

22 (a) IN GENERAL.—The Secretary of the department 

23 in which the Coast Guard is operating shall conduct a 

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1 panied housing available to members and officers of the 

2 Coast Guard. 

3 (b) COMPONENTS OF THE STUDY.—The study re4 quired in subsection (a) shall include— 

5 (1) an inventory of all military family housing 

6 and military unaccompanied housing units adminis7 tered by the Coast Guard and their locations; 

8 (2) a review of the physical condition of such 

9 units; 

10 (3) a review of the availability of housing units 

11 administered by the Coast Guard to members and 

12 officers assigned to field units of the Coast Guard; 

13 (4) a review of the availability of housing units 

14 administered by the other armed services to mem15 bers and officers assigned to field units of the Coast 

16 Guard; and 

17 (5) recommendations on statutory authorities 

18 that are necessary to improve availability of military 

19 housing to members and officers of the Coast Guard. 

20 (c) REPORT.—The Secretary shall submit a report in21 cluding the findings and recommendations of the study re22 quired under subsection (a) to the Committee on Trans23 portation and Infrastructure of the House of Representa24 tives and the Committee on Commerce, Science, and 


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1 Transportation of the Senate not later than 1 year after 

2 the date of enactment of this Act. 

3 SEC. 1403. CHILD DEVELOPMENT SERVICES. 

4 Section 515 of title 14, United States Code, is 

5 amended— 

6 (1) by striking subsection (b) and inserting the 

7 following: 

8 ‘‘(b)(1) The Commandant is authorized to use appro9 priated funds available to the Coast Guard to provide child 

10 development services. 

11 ‘‘(2)(A) The Commandant is authorized to establish, 

12 by regulations, fees to be charged parents for the attend13 ance of children at Coast Guard child development centers. 

14 ‘‘(B) Fees to be charged, pursuant to subparagraph 

15 (A), shall be based on family income, except that the Com16 mandant may, on a case-by-base basis, establish fees at 

17 lower rates if such rates would not be competitive with 

18 rates at local child development centers. 

19 ‘‘(C) The Commandant is authorized to collect and 

20 expend fees, established pursuant to this subparagraph, 

21 and such fees shall, without further appropriation, remain 

22 available until expended for the purpose of providing serv23 ices, including the compensation of employees and the pur24 chase of consumable and disposable items, at Coast Guard 

25 child development centers. 


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1 ‘‘(3) The Commandant is authorized to use appro2 priated funds available to the Coast Guard to provide as3 sistance to family home daycare providers so that family 

4 home daycare services can be provided to uniformed 

5 servicemembers and civilian employees of the Coast Guard 

6 at a cost comparable to the cost of services provided by 

7 Coast Guard child development centers.’’; 

8 (2) by repealing subsections (d) and (e); and 

9 (3) by redesignating subsections (f) and (g) as 

10 subsections (d) and (e), respectively. 

11 SEC. 1404. CHAPLAIN ACTIVITY EXPENSE. 

12 Section 145 of title 14, United States Code, is 

13 amended— 

14 (1) in subsection (a)— 

15 (A) in paragraph (2), by striking ‘‘and’’ at 

16 the end; 

17 (B) in paragraph (3), by striking the pe18 riod at the end and inserting ‘‘; and’’; and 

19 (C) by adding at the end the following new 

20 paragraph: 

21 ‘‘(4) detail personnel from the Chaplain Corps 

22 to provide services, pursuant to section 1789 of title 

23 10, to the Coast Guard.’’; and 

24 (2) by adding at the end the following new sub25 section: 


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1 ‘‘(d)(1) As part of the services provided by the Sec2 retary of the Navy pursuant to subsection (a)(4), the Sec3 retary may provide support services to chaplain-led pro4 grams to assist members of the Coast Guard on active 

5 duty and their dependents, and members of the reserve 

6 component in an active status and their dependents, in 

7 building and maintaining a strong family structure. 

8 ‘‘(2) In this subsection, the term ‘support services’ 

9 include transportation, food, lodging, child care, supplies, 

10 fees, and training materials for members of the Coast 

11 Guard on active duty and their dependents, and members 

12 of the reserve component in an active status and their de13 pendents, while participating in programs referred to in 

14 paragraph (1), including participation at retreats and con15 ferences. 

16 ‘‘(3) In this subsection, the term ‘dependents’ has the 

17 same meaning as defined in section 1072(2) of title 10.’’. 

18 SEC. 1405. COAST GUARD CROSS; SILVER STAR MEDAL. 

19 (a) COAST GUARD CROSS.—Chapter 13 of title 14, 

20 United States Code, is amended by inserting after section 

21 491 the following new section: 

22 ‘‘§ 491a. Coast Guard cross 

23 ‘‘The President may award a Coast Guard cross of 

24 appropriate design, with ribbons and appurtenances, to a 

25 person who, while serving in any capacity with the Coast 


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1 Guard, when the Coast Guard is not operating under the 

2 Department of the Navy, distinguishes himself or herself 

3 by extraordinary heroism not justifying the award of a 

4 medal of honor— 

5 ‘‘(1) while engaged in an action against an 

6 enemy of the United States; 

7 ‘‘(2) while engaged in military operations in8 volving conflict with an opposing foreign force or 

9 international terrorist organization; or 

10 ‘‘(3) while serving with friendly foreign forces 

11 engaged in an armed conflict against an opposing 

12 armed force in which the United States is not a bel13 ligerent party.’’. 

14 (b) SILVER STAR MEDAL.—Such chapter is further 

15 amended— 

16 (1) by striking the heading of section 492a and 

17 inserting the following: 

18 ‘‘§ 492b. Distinguished flying cross’’; 

19 and 

20 (2) by inserting after section 492 the following 

21 new section: 

22 ‘‘§ 492a. Silver star medal 

23 ‘‘The President may award a silver star medal of ap24 propriate design, with ribbons and appurtenances, to a 

25 person who, while serving in any capacity with the Coast 


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1 Guard, when the Coast Guard is not operating under the 

2 Department of the Navy, is cited for gallantry in action 

3 that does not warrant a medal of honor or Coast Guard 

4 cross— 

5 ‘‘(1) while engaged in an action against an 

6 enemy of the United States; 

7 ‘‘(2) while engaged in military operations in8 volving conflict with an opposing foreign force or 

9 international terrorist organization; or 

10 ‘‘(3) while serving with friendly foreign forces 

11 engaged in an armed conflict against an opposing 

12 armed force in which the United States is not a bel13 ligerent party.’’. 

14 (c) CONFORMING AMENDMENTS.—Such chapter is 

15 further amended— 

16 (1) in section 494, by striking ‘‘distinguished 

17 service medal, distinguished flying cross,’’ and in18 serting ‘‘Coast Guard cross, distinguished service 

19 medal, silver star medal, distinguished flying cross,’’ 

20 in both places it appears; 

21 (2) in section 496— 

22 (A) in the matter preceding paragraph (1) 

23 of subsection (a), by striking ‘‘distinguished 

24 service medal, distinguished flying cross,’’ and 

25 inserting ‘‘Coast Guard cross, distinguished 


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1 service medal, silver star medal, distinguished 

2 flying cross,’’; and 

3 (B) in subsection (b)(2), by striking ‘‘dis4 tinguished service medal, distinguished flying 

5 cross,’’ and inserting ‘‘Coast Guard cross, dis6 tinguished service medal, silver star medal, dis7 tinguished flying cross,’’; and 

8 (3) in section 497, by striking ‘‘distinguished 

9 service medal, distinguished flying cross,’’ and in10 serting ‘‘Coast Guard cross, distinguished service 

11 medal, silver star medal, distinguished flying cross,’’. 

12 (d) CLERICAL AMENDMENTS.—The analysis at the 

13 beginning of such chapter is amended— 

14 (1) by inserting after the item relating to sec15 tion 491 the following new item: 

‘‘491a. Coast Guard cross.’’. 

16 (2) by striking the item relating to section 492a 

17 and inserting the following new items: 

‘‘492a. Silver star medal.’’. 

Passed the House of Representatives October 23, 

2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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Calendar No. 195 

111TH CONGRESS 

1ST SESSION H. R. 3619 

AN ACT 

To authorize appropriations for the Coast Guard 

for fiscal year 2010, and for other purposes. 

NOVEMBER 2, 2009 

Read twice and placed on the calendar 


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