In the House of Representatives, U. S., 

September 28, 2010. 

Resolved, That the House agree to the amendment of the 

Senate to the bill (H.R. 3619) entitled ‘‘An Act to authorize 

appropriations for the Coast Guard for fiscal year 2010, and 

for other purposes.’’, with the following 

HOUSE ADMENDMENTS TO SENATE AMENDMENT: 

In lieu of the matter proposed to be inserted by the 

amendment of the Senate to the text of the bill, insert 

the following: 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—AUTHORIZATION 

Sec. 101. Authorization of appropriations. 

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

TITLE II—COAST GUARD 

Sec. 201. Appointment of civilian Coast Guard judges. 

Sec. 202. Industrial activities. 

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

Sec. 204. Commissioned officers. 

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

(AFRH) system. 

Sec. 206. Grants to international maritime organizations. 

Sec. 207. Leave retention authority. 

Sec. 208. Enforcement authority. 

Sec. 209. Repeal. 

Sec. 210. Merchant Mariner Medical Advisory Committee. 
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Sec. 211. Reserve commissioned warrant officer to lieutenant program. 

Sec. 212. Enhanced status quo officer promotion system. 

Sec. 213. Coast Guard vessels and aircraft. 

Sec. 214. Coast Guard District Ombudsmen. 

Sec. 215. Coast Guard commissioned officers: compulsory retirement. 

Sec. 216. Enforcement of coastwise trade laws. 

Sec. 217. Report on sexual assaults in the Coast Guard. 

Sec. 218. Home port of Coast Guard vessels in Guam. 

Sec. 219. Supplemental positioning system. 

Sec. 220. Assistance to foreign governments and maritime authorities. 

Sec. 221. Coast guard housing. 

Sec. 222. Child development services. 

Sec. 223. Chaplain activity expense. 

Sec. 224. Coast Guard cross; silver star medal. 

TITLE III—SHIPPING AND NAVIGATION 

Sec. 301. Seaward extension of anchorage grounds jurisdiction. 

Sec. 302. Maritime Drug Law Enforcement Act amendment-simple possession. 

Sec. 303. Technical amendments to tonnage measurement law. 

Sec. 304. Merchant mariner document standards. 

Sec. 305. Ship emission reduction technology demonstration project. 

Sec. 306. Phaseout of vessels supporting oil and gas development. 

Sec. 307. Arctic marine shipping assessment implementation. 

TITLE IV—ACQUISITION REFORM 

Sec. 401. Chief Acquisition Officer. 

Sec. 402. Acquisitions. 

Sec. 403. National Security Cutters. 

Sec. 404. Acquisition workforce expedited hiring authority. 

TITLE V—COAST GUARD MODERNIZATION 

Sec. 501. Short title. 

Subtitle A—Coast Guard Leadership 

Sec. 511. Vice admirals. 

Subtitle B—Workforce Expertise 

Sec. 521. Prevention and response staff. 

Sec. 522. Marine safety mission priorities and long-term goals. 

Sec. 523. Powers and duties. 

Sec. 524. Appeals and waivers. 

Sec. 525. Coast Guard Academy. 

Sec. 526. Report regarding civilian marine inspectors. 

TITLE VI—MARINE SAFETY 

Sec. 601. Short title. 

Sec. 602. Vessel size limits. 

Sec. 603. Cold weather survival training. 

Sec. 604. Fishing vessel safety. 

Sec. 605. Mariner records. 

Sec. 606. Deletion of exemption of license requirement for operators of certain 

towing vessels. 
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Sec. 607. Log books. 

Sec. 608. Safe operations and equipment standards. 

Sec. 609. Approval of survival craft. 

Sec. 610. Safety management. 

Sec. 611. Protection against discrimination. 

Sec. 612. Oil fuel tank protection. 

Sec. 613. Oaths. 

Sec. 614. Duration of licenses, certificates of registry, and merchant mariners’ 

documents. 

Sec. 615. Authorization to extend the duration of licenses, certificates of registry, 

and merchant mariners’ documents. 

Sec. 616. Merchant mariner assistance report. 

Sec. 617. Offshore supply vessels. 

Sec. 618. Associated equipment. 

Sec. 619. Lifesaving devices on uninspected vessels. 

Sec. 620. Study of blended fuels in marine application. 

Sec. 621. Renewal of advisory committees. 

Sec. 622. Delegation of authority. 

TITLE VII—OIL POLLUTION PREVENTION 

Sec. 701. Rulemakings. 

Sec. 702. Oil transfers from vessels. 

Sec. 703. Improvements to reduce human error and near miss incidents. 

Sec. 704. Olympic Coast National Marine Sanctuary. 

Sec. 705. Prevention of small oil spills. 

Sec. 706. Improved coordination with tribal governments. 

Sec. 707. Report on availability of technology to detect the loss of oil. 

Sec. 708. Use of oil spill liability trust fund. 

Sec. 709. International efforts on enforcement. 

Sec. 710. Higher volume port area regulatory definition change. 

Sec. 711. Tug escorts for laden oil tankers. 

Sec. 712. Extension of financial responsibility. 

Sec. 713. Liability for use of single-hull vessels. 

TITLE VIII—PORT SECURITY 

Sec. 801. America’s Waterway Watch Program. 

Sec. 802. Transportation Worker Identification Credential. 

Sec. 803. Interagency operational centers for port security. 

Sec. 804. Deployable, specialized forces. 

Sec. 805. Coast Guard detection canine team program expansion. 

Sec. 806. Coast Guard port assistance Program. 

Sec. 807. Maritime biometric identification. 

Sec. 808. Pilot Program for fingerprinting of maritime workers. 

Sec. 809. Transportation security cards on vessels. 

Sec. 810. Maritime Security Advisory Committees. 

Sec. 811. Seamen’s shoreside access. 

Sec. 812. Waterside security of especially hazardous cargo. 

Sec. 813. Review of liquefied natural gas facilities. 

Sec. 814. Use of secondary authentication for transportation security cards. 

Sec. 815. Assessment of transportation security card enrollment sites. 

Sec. 816. Assessment of the feasibility of efforts to mitigate the threat of small 

boat attack in major ports. 

Sec. 817. Report and recommendation for uniform security background checks. 
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Sec. 818. Transportation security cards: access pending issuance; deadlines for 

processing; receipt. 

Sec. 819. Harmonizing security card expirations. 

Sec. 820. Clarification of rulemaking authority. 

Sec. 821. Port security training and certification. 

Sec. 822. Integration of security plans and systems with local port authorities, 

State harbor divisions, and law enforcement agencies. 

Sec. 823. Transportation security cards. 

Sec. 824. Pre-positioning interoperable communications equipment at interagency 

operational centers. 

Sec. 825. International port and facility inspection coordination. 

Sec. 826. Area transportation security incident mitigation plan. 

Sec. 827. Risk based resource allocation. 

Sec. 828. Port security zones. 

TITLE IX—MISCELLANEOUS PROVISIONS 

Sec. 901. Waivers. 

Sec. 902. Crew wages on passenger vessels. 

Sec. 903. Technical corrections. 

Sec. 904. Manning requirement. 

Sec. 905. Study of bridges over navigable waters. 

Sec. 906. Limitation on jurisdiction of States to tax certain seamen. 

Sec. 907. Land conveyance, Coast Guard property in Marquette County, Michigan, to the City of Marquette, Michigan. 

Sec. 908. Mission requirement analysis for navigable portions of the Rio Grande 

River, Texas, international water boundary. 

Sec. 909. Conveyance of Coast Guard property in Cheboygan, Michigan. 

Sec. 910. Alternative licensing program for operators of uninspected passenger 

vessels on Lake Texoma in Texas and Oklahoma. 

Sec. 911. Strategy regarding drug trafficking vessels. 

Sec. 912. Use of force against piracy. 

Sec. 913. Technical amendments to chapter 313 of title 46, United States Code. 

Sec. 914. Conveyance of Coast Guard vessels for public purposes. 

Sec. 915. Assessment of certain aids to navigation and traffic flow. 

Sec. 916. Fresnel Lens from Presque Isle Light Station in Presque Isle, Michigan. 

Sec. 917. Maritime law enforcement. 

Sec. 918. Capital investment plan. 

Sec. 919. Reports. 

Sec. 920. Compliance provision. 

Sec. 921. Conveyance of Coast Guard property in Portland, Maine. 

TITLE X—CLEAN HULLS 

Subtitle A—General Provisions 

Sec. 1011. Definitions. 

Sec. 1012. Covered vessels. 

Sec. 1013. Administration and enforcement. 

Sec. 1014. Compliance with international law. 

Sec. 1015. Utilization of personnel, facilities or equipment of other Federal departments and agencies. 

Subtitle B—Implementation of the Convention 

Sec. 1021. Certificates. 

Sec. 1022. Declaration. 
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Sec. 1023. Other compliance documentation. 

Sec. 1024. Process for considering additional controls. 

Sec. 1025. Scientific and technical research and monitoring; communication and 

information. 

Sec. 1026. Communication and exchange of information. 

Subtitle C—Prohibitions and Enforcement Authority 

Sec. 1031. Prohibitions. 

Sec. 1032. Investigations and inspections by Secretary. 

Sec. 1033. EPA enforcement. 

Sec. 1034. Additional authority of the Administrator. 

Subtitle D—Action on Violation, Penalties, and Referrals 

Sec. 1041. Criminal enforcement. 

Sec. 1042. Civil enforcement. 

Sec. 1043. Liability in rem. 

Sec. 1044. Vessel clearance or permits; refusal or revocation; bond or other surety. 

Sec. 1045. Warnings, detentions, dismissals, exclusion. 

Sec. 1046. Referrals for appropriate action by foreign country. 

Sec. 1047. Remedies not affected. 

Sec. 1048. Repeal. 

1 TITLE I—AUTHORIZATION 

2 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

3 Funds are authorized to be appropriated for fiscal year 

4 2011 for necessary expenses of the Coast Guard as follows: 

5 (1) For the operation and maintenance of the 

6 Coast Guard, $6,970,681,000 of which $24,500,000 is 

7 authorized to be derived from the Oil Spill Liability 

8 Trust Fund to carry out the purposes of section 

9 1012(a)(5) of the Oil Pollution Act of 1990 (33 

10 U.S.C. 2712(a)(5)). 

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

12 and improvement of aids to navigation, shore and off13 shore facilities, vessels, and aircraft, including equip14 ment related thereto, $1,640,000,000, of which— 
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1 (A) $20,000,000 shall be derived from the 

2 Oil Spill Liability Trust Fund to carry out the 

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

6 (B) $1,233,502,000 is authorized for the In7 tegrated Deepwater System Program; and 

8 (C) $100,000,000 is authorized for shore fa9 cilities and aids to navigation. 

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

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

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

16 enforcement of laws and treaties, ice operations, 

17 oceanographic research, and defense readiness, 

18 $28,034,000, to remain available until expended, of 

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

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

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

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

25 Serviceman’s Family Protection and Survivor Benefit 
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1 Plans, and payments for medical care of retired per2 sonnel and their dependents under chapter 55 of title 

3 10, United States Code, $1,400,700,000, to remain 

4 available until expended. 

5 (5) For alteration or removal of bridges over 

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

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

12 equipment associated with operation and mainte13 nance), $13,329,000, to remain available until ex14 pended. 

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

17 services, $135,675,000. 

18 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 

19 AND TRAINING. 

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

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

22 of 47,000 for the fiscal year ending on September 30, 2011. 

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

24 year 2011, the Coast Guard is authorized average military 

25 training student loads as follows: 
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1 (1) For recruit and special training, 2,500 stu2 dent years. 

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

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

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

7 TITLE II—COAST GUARD 

8 SEC. 201. APPOINTMENT OF CIVILIAN COAST GUARD 

9 JUDGES. 

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

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

12 ‘‘§ 153. Appointment of judges 

13 ‘‘The Secretary may appoint civilian employees of the 

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

16 Coast Guard Court of Criminal Appeals as provided for 

17 in section 866(a) of title 10.’’. 

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

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

‘‘153. Appointment of judges.’’. 

20 SEC. 202. INDUSTRIAL ACTIVITIES. 

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

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

24 ‘‘All orders’’; and 

25 (2) by adding at the end the following: 
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1 ‘‘(b) ORDERS AND AGREEMENTS FOR INDUSTRIAL AC2 TIVITIES.—Under this section, the Coast Guard industrial 

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

6 of Homeland Security.’’. 

7 SEC. 203. REIMBURSEMENT FOR MEDICAL-RELATED TRAV8 EL EXPENSES. 

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

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

11 ‘‘§ 518. Reimbursement for medical-related travel ex12 penses for certain persons residing on is13 lands in the continental United States 

14 ‘‘In any case in which a covered beneficiary (as de15 fined in section 1072(5) of title 10) resides on an island 

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

17 of Columbia and that lacks public access roads to the main18 land and is referred by a primary care physician to a spe19 cialty care provider (as defined in section 1074i(b) of title 

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

21 miles from the location where the beneficiary resides, the 

22 Secretary shall reimburse the reasonable travel expenses of 

23 the covered beneficiary and, when accompaniment by an 

24 adult is necessary, for a parent or guardian of the covered 
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1 beneficiary or another member of the covered beneficiary’s 

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

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

4 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.’’. 

5 SEC. 204. COMMISSIONED OFFICERS. 

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

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

8 ‘‘§ 42. Number and distribution of commissioned offi9 cers on active duty promotion list 

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

11 Coast Guard commissioned officers on the active duty pro12 motion list, excluding warrant officers, shall not exceed 

13 7,200; except that the Commandant may temporarily in14 crease that number by up to 2 percent for no more than 

15 60 days following the date of the commissioning of a Coast 

16 Guard Academy class. 

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

18 ‘‘(1) REQUIRED.—The total number of commis19 sioned officers authorized by this section shall be dis20 tributed in grade in the following percentages: 0.375 

21 percent for rear admiral; 0.375 percent for rear admi22 ral (lower half); 6.0 percent for captain; 15.0 percent 

23 for commander; and 22.0 percent for lieutenant com24 mander. 
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1 ‘‘(2) DISCRETIONARY.—The Secretary shall pre2 scribe the percentages applicable to the grades of lieu3 tenant, lieutenant (junior grade), and ensign. 

4 ‘‘(3) AUTHORITY OF SECRETARY TO REDUCE

5 PERCENTAGE.—The Secretary— 

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

7 Guard require, any of the percentages set forth 

8 in paragraph (1); and 

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

11 of lower grades. 

12 ‘‘(c) COMPUTATIONS.— 

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

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

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

18 commissioned officers listed on the current active duty 

19 promotion list. 

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

24 ‘‘(3) TREATMENT OF OFFICERS SERVING OUT25 SIDE COAST GUARD.—The number of commissioned 
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1 officers on the active duty promotion list below the 

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

3 Federal departments or agencies on a reimbursable 

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

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

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

8 The numbers resulting from computations under subsection 

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

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

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

15 higher grade but whose promotion has been delayed for any 

16 reason. 

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

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

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

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

23 components shall be prescribed by the Secretary.’’. 
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1 (b) CLERICAL AMENDMENT.—The analysis for chapter 

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

3 section 42 and inserting the following: 

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

list.’’. 

4 SEC. 205. COAST GUARD PARTICIPATION IN THE ARMED 

5 FORCES RETIREMENT HOME (AFRH) SYSTEM. 

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

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

9 (1) by striking paragraph (4); 

10 (2) in paragraph (5)— 

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

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

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

16 ‘‘(E) the Assistant Commandant of the 

17 Coast Guard for Human Resources.’’; and 

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

19 following: 

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

21 Coast Guard.’’. 

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

23 title 10, United States Code, is amended— 
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1 (A) in subsection (a) by inserting ‘‘or, in the 

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

3 ‘‘concerned’’; and 

4 (B) by striking subsection (c). 

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

6 amended— 

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

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

9 ‘‘Secretary of Defense’’; 

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

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

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

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

16 by adding at the end the following: 

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

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

23 security, safety, environmental protection, classification, 

24 and port state or flag state law enforcement or oversight.’’. 
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1 SEC. 207. LEAVE RETENTION AUTHORITY. 

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

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

4 following: 

5 ‘‘§ 426. Emergency leave retention authority 

6 ‘‘(a) IN GENERAL.—A duty assignment for an active 

7 duty member of the Coast Guard in support of a declaration 

8 of a major disaster or emergency by the President under 

9 the Robert T. Stafford Disaster Relief and Emergency As10 sistance Act (42 U.S.C. 5121 et seq.) or in response to a 

11 spill of national significance shall be treated, for the pur12 pose of section 701(f)(2) of title 10, as a duty assignment 

13 in support of a contingency operation. 

14 ‘‘(b) DEFINITIONS.—In this section: 

15 ‘‘(1) SPILL OF NATIONAL SIGNIFICANCE.—The 

16 term ‘spill of national significance’ means a discharge 

17 of oil or a hazardous substance that is declared by the 

18 Commandant to be a spill of national significance. 

19 ‘‘(2) DISCHARGE.—The term ‘discharge’ has the 

20 meaning given that term in section 1001 of the Oil 

21 Pollution Act of 1990 (33 U.S.C. 2701).’’. 

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

23 chapter is amended by inserting after the item relating to 

24 section 425 the following: 

‘‘426. Emergency leave retention authority.’’. 
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1 (c) APPLICATION.—The amendments made by this sec2 tion shall be deemed to have been enacted on April 19, 2010. 

3 SEC. 208. ENFORCEMENT AUTHORITY. 

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

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

6 ‘‘§ 99. Enforcement authority 

7 ‘‘Subject to guidelines approved by the Secretary, 

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

9 duties, may— 

10 ‘‘(1) carry a firearm; and 

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

12 70101 of title 46)— 

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

14 any offense against the United States committed 

15 in their presence; and 

16 ‘‘(B) seize property as otherwise provided 

17 by law.’’. 

18 (b) CONFORMING REPEAL.—Section 70117 of title 46, 

19 United States Code, and the item relating to such section 

20 in the analysis at the beginning of chapter 701 of such title, 

21 are repealed. 

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

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

‘‘99. Enforcement authority.’’. 
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1 SEC. 209. REPEAL. 

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

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

4 of such title, are repealed. 

5 SEC. 210. MERCHANT MARINER MEDICAL ADVISORY COM6 MITTEE. 

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

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

9 new section: 

10 ‘‘§ 7115. Merchant Mariner Medical Advisory Com11 mittee 

12 ‘‘(a) ESTABLISHMENT.— 

13 ‘‘(1) IN GENERAL.—There is established a Mer14 chant Mariner Medical Advisory Committee (in this 

15 section referred to as the ‘Committee’). 

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

17 the Secretary on matters relating to— 

18 ‘‘(A) medical certification determinations 

19 for issuance of licences, certificates of registry, 

20 and merchant mariners’ documents; 

21 ‘‘(B) medical standards and guidelines for 

22 the physical qualifications of operators of com23 mercial vessels; 

24 ‘‘(C) medical examiner education; and 

25 ‘‘(D) medical research. 

26 ‘‘(b) MEMBERSHIP.— 
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1 ‘‘(1) IN GENERAL.—The Committee shall consist 

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

3 and shall include— 

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

5 with particular expertise, knowledge, or experi6 ence regarding the medical examinations of mer7 chant mariners or occupational medicine; and 

8 ‘‘(B) four who are professional mariners 

9 with knowledge and experience in mariner occu10 pational requirements. 

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

12 Committee shall not be considered Federal employees 

13 or otherwise in the service or the employment of the 

14 Federal Government, except that members shall be 

15 considered special Government employees, as defined 

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

17 shall be subject to any administrative standards of 

18 conduct applicable to the employees of the department 

19 in which the Coast Guard is operating. 

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

21 ‘‘(1) APPOINTMENTS.—The Secretary shall ap22 point the members of the Committee, and each mem23 ber shall serve at the pleasure of the Secretary. 

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

25 for a term of five years, except that, of the members 
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1 first appointed, three members shall be appointed for 

2 a term of two years. 

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

4 the vacancy prior to the expiration of the term for 

5 which that member’s predecessor was appointed shall 

6 be appointed for the remainder of that term. 

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

8 shall designate one member of the Committee as the Chair9 man and one member as the Vice Chairman. The Vice 

10 Chairman shall act as Chairman in the absence or inca11 pacity of, or in the event of a vacancy in the office of, the 

12 Chairman. 

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

14 the Committee shall serve without compensation, except 

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

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

17 member of the Committee may be allowed travel expenses, 

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

19 section 5703 of title 5. 

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

21 the Committee the personnel and services as are considered 

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

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

24 the date of enactment of this Act, the Merchant Mariner 
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1 Medical Advisory Committee established by the amendment 

2 made by this section shall hold its first meeting. 

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

4 71 of that title is amended by adding at the end the fol5 lowing: 

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

6 SEC. 211. RESERVE COMMISSIONED WARRANT OFFICER TO 

7 LIEUTENANT PROGRAM. 

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

9 amended to read as follows: 

10 ‘‘(a) The president may appoint temporary commis11 sioned officers— 

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

13 above lieutenant, appropriate to their qualifications, 

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

15 Coast Guard may require, from among the commis16 sioned warrant officers, warrant officers, and enlisted 

17 members of the Coast Guard, and from holders of li18 censes issued under chapter 71 of title 46; and 

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

20 above lieutenant, appropriate to their qualifications, 

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

22 Coast Guard may require, from among the commis23 sioned warrant officers of the Coast Guard Reserve.’’. 
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1 SEC. 212. ENHANCED STATUS QUO OFFICER PROMOTION 

2 SYSTEM. 

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

5 (1) in section 253(a)— 

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

7 and 

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

10 (2) in section 258— 

11 (A) by inserting ‘‘(a) IN GENERAL.—’’ be12 fore ‘‘The Secretary shall’’ ; 

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

14 striking the colon at the end of the material pre15 ceding paragraph (1) and inserting ‘‘—’’; and 

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

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

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

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

20 the selection board— 

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

22 of the Coast Guard for officers having particular 

23 skills, including direction relating to the need for 

24 a minimum number of officers with particular 

25 skills within a specialty; and 
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1 ‘‘(B) any other guidance that the Secretary 

2 believes may be necessary to enable the board to 

3 properly perform its functions. 

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

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

7 selected from below the announced promotion zone at 

8 any given selection board convened under section 251 

9 of this title.’’; 

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

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

12 to the needs of the Coast Guard for officers with par13 ticular skills so noted in specific direction furnished 

14 to the board by the Secretary under section 258 of 

15 this title,’’; and 

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

18 of the service (as noted in specific direction furnished 

19 the board by the Secretary under section 258 of this 

20 title)’’. 

21 SEC. 213. COAST GUARD VESSELS AND AIRCRAFT. 

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

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

24 (1) in paragraph (1), by striking ‘‘; or’’ and in25 serting a semicolon; 
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1 (2) in paragraph (2), by striking the period at 

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

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

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

5 noncommercial service when— 

6 ‘‘(A) the vessel or aircraft is under the tac7 tical control of the Coast Guard; and 

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

9 Guard is assigned and conducting a Coast 

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

11 (b) AUTHORITY TO DISPLAY COAST GUARD ENSIGNS

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

13 Code, is amended by striking ‘‘Coast Guard vessels and air14 craft’’ and inserting ‘‘Vessels and aircraft authorized by the 

15 Secretary’’. 

16 SEC. 214. COAST GUARD DISTRICT OMBUDSMEN. 

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

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

19 section: 

20 ‘‘§ 55. District Ombudsmen 

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

22 in each Coast Guard District a District Ombudsman to 

23 serve as a liaison between ports, terminal operators, ship24 owners, and labor representatives and the Coast Guard. 
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1 ‘‘(b) PURPOSE.—The purpose of the District Ombuds2 man shall be the following: 

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

4 Guard in each port in the District for which the Dis5 trict Ombudsman is appointed. 

6 ‘‘(2) To improve communications between and 

7 among port stakeholders including, port and terminal 

8 operators, ship owners, labor representatives, and the 

9 Coast Guard. 

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

11 Guard and all petitioners regarding requirements im12 posed or services provided by the Coast Guard. 

13 ‘‘(c) FUNCTIONS.— 

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

15 may examine complaints brought to the attention of 

16 the District Ombudsman by a petitioner operating in 

17 a port or by Coast Guard personnel. 

18 ‘‘(2) GUIDELINES FOR DISPUTES.— 

19 ‘‘(A) IN GENERAL.—The District Ombuds20 man shall develop guidelines regarding the types 

21 of disputes with respect to which the District 

22 Ombudsman will provide assistance. 

23 ‘‘(B) LIMITATION.—The District Ombuds24 man shall not provide assistance with respect to 

25 a dispute unless it involves the impact of Coast 
25 

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1 Guard requirements on port business and the 

2 flow of commerce. 

3 ‘‘(C) PRIORITY.—In providing such assist4 ance, the District Ombudsman shall give priority 

5 to complaints brought by petitioners who believe 

6 they will suffer a significant hardship as the re7 sult of implementing a Coast Guard requirement 

8 or being denied a Coast Guard service. 

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

10 may consult with any Coast Guard personnel who 

11 can aid in the investigation of a complaint. 

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

13 Ombudsman shall have access to any Coast Guard 

14 document, including any record or report, that will 

15 aid the District Ombudsman in obtaining the infor16 mation needed to conduct an investigation of a com17 plaint. 

18 ‘‘(5) REPORTS.—At the conclusion of an inves19 tigation, the District Ombudsman shall submit a re20 port on the findings and recommendations of the Dis21 trict Ombudsman, to the Commander of the District 

22 in which the petitioner who brought the complaint is 

23 located or operating. 
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1 ‘‘(6) DEADLINE.—The District Ombudsman shall 

2 seek to resolve each complaint brought in accordance 

3 with the guidelines— 

4 ‘‘(A) in a timely fashion; and 

5 ‘‘(B) not later than 4 months after the com6 plaint is officially accepted by the District Om7 budsman. 

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

9 as the District Ombudsman an individual who has experi10 ence in port and transportation systems and knowledge of 

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

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

13 annually to the Committee on Transportation and Infra14 structure of the House of Representatives and the Committee 

15 on Commerce, Science, and Transportation of the Senate 

16 on the matters brought before the District Ombudsmen, in17 cluding— 

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

19 District Ombudsman; 

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

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

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

25 the following new item: 

‘‘55. District Ombudsmen.’’. 
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1 SEC. 215. COAST GUARD COMMISSIONED OFFICERS: COM2 PULSORY RETIREMENT. 

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

4 States Code, is amended by striking section 293 and insert5 ing the following: 

6 ‘‘§ 293. Compulsory retirement 

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

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

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

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

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

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

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

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

16 in which the officer becomes 64 years of age. 

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

18 may be deferred— 

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

20 not extend beyond the first day of the month following 

21 the month in which the officer becomes 68 years of 

22 age; or 

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

24 which the Coast Guard is operating, but such a 

25 deferment may not extend beyond the first day of the 
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1 month following the month in which the officer be2 comes 66 years of age.’’. 

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

5 relating to such section and inserting the following: 

‘‘293. Compulsory retirement.’’. 

6 SEC. 216. ENFORCEMENT OF COASTWISE TRADE LAWS. 

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

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

9 ‘‘§ 100. Enforcement of coastwise trade laws 

10 ‘‘Officers and members of the Coast Guard are author11 ized to enforce chapter 551 of title 46. The Secretary shall 

12 establish a program for these officers and members to en13 force that chapter.’’. 

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

15 chapter is further amended by adding at the end the fol16 lowing new item: 

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

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

18 which the Coast Guard is operating shall submit a report 

19 to the Committee on Transportation and Infrastructure of 

20 the House of Representatives and the Senate Committee on 

21 Commerce, Science, and Transportation within 1 year after 

22 the date of enactment of this Act on the enforcement strate23 gies and enforcement actions taken to enforce the coastwise 

24 trade laws. 
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1 SEC. 217. REPORT ON SEXUAL ASSAULTS IN THE COAST 

2 GUARD. 

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

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

5 report on the sexual assaults involving members of the Coast 

6 Guard to the Committee on Transportation and Infrastruc7 ture and the Committee on Homeland Security of the House 

8 of Representatives and the Committee on Commerce, 

9 Science, and Transportation of the Senate. 

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

11 (a) shall contain the following: 

12 (1) The number of sexual assaults against mem13 bers of the Coast Guard, and the number of sexual as14 saults by members of the Coast Guard, that were re15 ported to military officials during the year covered by 

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

17 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 imple21 mented by the Secretary concerned during the year 

22 covered by such report in response to incidents of sex23 ual assault involving members of the Coast Guard 

24 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. 218. 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. 219. SUPPLEMENTAL POSITIONING SYSTEM. 

11 Not later than 180 days after date of enactment of this 

12 Act, the Secretary of the department in which the Coast 

13 Guard is operating in consultation with the Commandant 

14 of the Coast Guard shall conclude their study of whether 

15 a single, domestic system is needed as a back-up navigation 

16 system to the Global Positioning System and notify the 

17 Committee on Transportation and Infrastructure of the 

18 House of Representatives and the Committee on Commerce, 

19 Science, and Transportation of the Senate the results of 

20 such determination. 

21 SEC. 220. ASSISTANCE TO FOREIGN GOVERNMENTS AND 

22 MARITIME AUTHORITIES. 

23 Section 149 of title 14, United States Code, as amend24 ed by section 206, is further amended by adding at the end 

25 the following: 
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1 ‘‘(d) AUTHORIZED ACTIVITIES.— 

2 ‘‘(1) The Commandant may use funds for— 

3 ‘‘(A) the activities of traveling contact 

4 teams, including any transportation expense, 

5 translation services expense, or administrative 

6 expense that is related to such activities; 

7 ‘‘(B) the activities of maritime authority li8 aison teams of foreign governments making re9 ciprocal visits to Coast Guard units, including 

10 any transportation expense, translation services 

11 expense, or administrative expense that is related 

12 to such activities; 

13 ‘‘(C) seminars and conferences involving 

14 members of maritime authorities of foreign gov15 ernments; 

16 ‘‘(D) distribution of publications pertinent 

17 to engagement with maritime authorities of for18 eign governments; and 

19 ‘‘(E) personnel expenses for Coast Guard ci20 vilian and military personnel to the extent that 

21 those expenses relate to participation in an ac22 tivity described in subparagraph (C) or (D). 

23 ‘‘(2) An activity may not be conducted under 

24 this subsection with a foreign country unless the Sec-
32 

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1 retary of State approves the conduct of such activity 

2 in that foreign country.’’. 

3 SEC. 221. COAST GUARD HOUSING. 

4 (a) IN GENERAL.—Chapter 18 of title 14, United 

5 States Code, is amended— 

6 (1) in section 680— 

7 (A) by striking paragraphs (1), (2), and (3) 

8 and inserting the following new paragraphs: 

9 ‘‘(1) The term ‘construct’ means to build, ren10 ovate, or improve military family housing and mili11 tary unaccompanied housing. 

12 ‘‘(2) The term ‘construction’ means building, 

13 renovating, or improving military family housing 

14 and military unaccompanied housing.’’; and 

15 (B) by redesignating paragraphs (4) and 

16 (5) as paragraphs (3) and (4), respectively; 

17 (2) in section 681(a)— 

18 (A) in the matter preceding paragraph (1), 

19 by striking ‘‘exercise any authority or any com20 bination of authorities provided under this chap21 ter in order to provide for the acquisition or con22 struction by private persons, including a small 

23 business concern qualified under section 8(a) of 

24 the Small Business Act (15 U.S.C. 637(a)), of 
33 

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1 the following:’’ and inserting ‘‘acquire or con2 struct the following:’’; 

3 (B) in paragraph (1), by striking ‘‘Family 

4 housing units’’ and inserting ‘‘Military family 

5 housing’’; and 

6 (C) in paragraph (2), by striking ‘‘Unac7 companied housing units’’ and inserting ‘‘Mili8 tary unaccompanied housing’’; 

9 (3) by repealing sections 682, 683, and 684; 

10 (4) by amending section 685 to read as follows: 

11 ‘‘§ 685. Conveyance of real property 

12 ‘‘(a) CONVEYANCE AUTHORIZED.—Notwithstanding 

13 any other provision of law, the Secretary may convey, at 

14 fair market value, real property, owned or under the ad15 ministrative control of the Coast Guard, for the purpose of 

16 expending the proceeds from such conveyance to acquire and 

17 construct military family housing and military unaccom18 panied housing. 

19 ‘‘(b) TERMS AND CONDITIONS.— 

20 ‘‘(1) The conveyance of real property under this 

21 section shall be by sale, for cash. The Secretary shall 

22 deposit the proceeds from the sale in the Coast Guard 

23 Housing Fund established under section 687 of this 

24 title, for the purpose of expending such proceeds to ac-
34 

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1 quire and construct military family housing and 

2 military unaccompanied housing. 

3 ‘‘(2) The conveyance of real property under this 

4 section shall not diminish the mission capacity of the 

5 Coast Guard, but further the mission support capa6 bility of the Coast Guard with regard to military 

7 family housing or military unaccompanied housing. 

8 ‘‘(c) RELATIONSHIP TO ENVIRONMENTAL LAW.—This 

9 section does not affect or limit the application of or obliga10 tion to comply with any environmental law, including sec11 tion 120(h) of the Comprehensive Environmental Response, 

12 Compensation, and Liability Act of 1980 (42 U.S.C. 

13 9620(h)).’’; 

14 (5) by repealing section 686; 

15 (6) in section 687— 

16 (A) in subsection (b)— 

17 (i) in paragraph (2), by striking ‘‘or 

18 unaccompanied’’ and inserting ‘‘or military 

19 unaccompanied’’; 

20 (ii) in paragraph (3)— 

21 (I) by striking ‘‘or lease’’; 

22 (II) by striking ‘‘or facilities’’; 

23 and 
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1 (III) by striking ‘‘military family 

2 and’’ and inserting ‘‘military family 

3 housing and’’; and 

4 (iii) by repealing paragraph (4); 

5 (B) subsection (c), by amending paragraph 

6 (1) to read as follows:(1) In such amounts as 

7 provided in appropriations Acts, and except as 

8 provided in subsection (d), the Secretary may 

9 use amounts in the Coast Guard Housing Fund 

10 to carry out activities under this chapter with 

11 respect to military family housing and military 

12 unaccompanied housing, including— 

13 ‘‘(A) the planning, execution, and adminis14 tration of the conveyance of real property; 

15 ‘‘(B) all necessary expenses, including ex16 penses for environmental compliance and res17 toration, to prepare real property for convey18 ance; and 

19 ‘‘(C) the conveyance of real property.’’; 

20 (C) in subsection (e), by striking ‘‘or 

21 (b)(3)’’; and 

22 (D) by repealing subsections (f) and (g); 

23 (7) by repealing 687a; 

24 (8) by amending section 688 to read as follows: 
36 

•HR 3619 EAH 

1 ‘‘§ 688. Reports 

2 ‘‘The Secretary shall prepare and submit to Congress, 

3 concurrent with the budget submitted pursuant to section 

4 1105 of title 31, a report identifying the contracts or agree5 ments for the conveyance of properties pursuant to this 

6 chapter executed during the prior calendar year.’’; and 

7 (9) by repealing section 689. 

8 (b) SAVINGS CLAUSE.—This section shall not affect 

9 any action commenced prior to the date of enactment of 

10 this Act. 

11 (c) CLERICAL AMENDMENT.—The chapter analysis at 

12 the beginning of such chapter is amended— 

13 (1) by striking the items relating to sections 682, 

14 683, 684, 686, 687a, and 689; and 

15 (2) by amending the item relating to section 685 

16 to read as follows: 

‘‘685. Conveyance of real property.’’. 

17 SEC. 222. CHILD DEVELOPMENT SERVICES. 

18 Section 515 of title 14, United States Code, is amend19 ed— 

20 (1) by striking subsection (b) and inserting the 

21 following: 

22 ‘‘(b)(1) The Commandant is authorized to use appro23 priated funds available to the Coast Guard to provide child 

24 development services. 
37 

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1 ‘‘(2)(A) The Commandant is authorized to establish, 

2 by regulations, fees to be charged parents for the attendance 

3 of children at Coast Guard child development centers. 

4 ‘‘(B) Fees to be charged, pursuant to subparagraph 

5 (A), shall be based on family income, except that the Com6 mandant may, on a case-by-base basis, establish fees at 

7 lower rates if such rates would not be competitive with rates 

8 at local child development centers. 

9 ‘‘(C) The Commandant is authorized to collect and ex10 pend fees, established pursuant to this subparagraph, and 

11 such fees shall, without further appropriation, remain 

12 available until expended for the purpose of providing serv13 ices, including the compensation of employees and the pur14 chase of consumable and disposable items, at Coast Guard 

15 child development centers. 

16 ‘‘(3) The Commandant is authorized to use appro17 priated funds available to the Coast Guard to provide as18 sistance to family home daycare providers so that family 

19 home daycare services can be provided to uniformed service 

20 members and civilian employees of the Coast Guard at a 

21 cost comparable to the cost of services provided by Coast 

22 Guard child development centers.’’; 

23 (2) by repealing subsections (d) and (e); and 

24 (3) by redesignating subsections (f) and (g) as 

25 subsections (d) and (e), respectively. 
38 

•HR 3619 EAH 

1 SEC. 223. CHAPLAIN ACTIVITY EXPENSE. 

2 Section 145 of title 14, United States Code, is amend3 ed— 

4 (1) in subsection (a)— 

5 (A) in paragraph (2), by striking ‘‘and’’ at 

6 the end; 

7 (B) in paragraph (3), by striking the period 

8 at the end and inserting ‘‘; and’’; and 

9 (C) by adding at the end the following new 

10 paragraph: 

11 ‘‘(4) detail personnel from the Chaplain Corps to 

12 provide services, pursuant to section 1789 of title 10, 

13 to the Coast Guard.’’; and 

14 (2) by adding at the end the following new sub15 section: 

16 ‘‘(d)(1) As part of the services provided by the Sec17 retary of the Navy pursuant to subsection (a)(4), the Sec18 retary may provide support services to chaplain-led pro19 grams to assist members of the Coast Guard on active duty 

20 and their dependents, and members of the reserve compo21 nent in an active status and their dependents, in building 

22 and maintaining a strong family structure. 

23 ‘‘(2) In this subsection, the term ‘support services’ in24 clude transportation, food, lodging, child care, supplies, 

25 fees, and training materials for members of the Coast Guard 

26 on active duty and their dependents, and members of the 
39 

•HR 3619 EAH 

1 reserve component in an active status and their dependents, 

2 while participating in programs referred to in paragraph 

3 (1), including participation at retreats and conferences. 

4 ‘‘(3) In this subsection, the term ‘dependents’ has the 

5 same meaning as defined in section 1072(2) of title 10.’’. 

6 SEC. 224. COAST GUARD CROSS; SILVER STAR MEDAL. 

7 (a) COAST GUARD CROSS.—Chapter 13 of title 14, 

8 United States Code, is amended by inserting after section 

9 491 the following new section: 

10 ‘‘§ 491a. Coast Guard cross 

11 ‘‘The President may award a Coast Guard cross of ap12 propriate design, with ribbons and appurtenances, to a per13 son who, while serving in any capacity with the Coast 

14 Guard, when the Coast Guard is not operating under the 

15 Department of the Navy, distinguishes himself or herself by 

16 extraordinary heroism not justifying the award of a medal 

17 of honor— 

18 ‘‘(1) while engaged in an action against an 

19 enemy of the United States; 

20 ‘‘(2) while engaged in military operations in21 volving conflict with an opposing foreign force or 

22 international terrorist organization; or 

23 ‘‘(3) while serving with friendly foreign forces 

24 engaged in an armed conflict against an opposing 
40 

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1 armed force in which the United States is not a bel2 ligerent party.’’. 

3 (b) SILVER STAR MEDAL.—Such chapter is further 

4 amended— 

5 (1) by striking the designation and heading of 

6 section 492a and inserting the following: 

7 ‘‘§ 492b. Distinguished flying cross’’; 

8 and 

9 (2) by inserting after section 492 the following 

10 new section: 

11 ‘‘§ 492a. Silver star medal 

12 ‘‘The President may award a silver star medal of ap13 propriate design, with ribbons and appurtenances, to a per14 son who, while serving in any capacity with the Coast 

15 Guard, when the Coast Guard is not operating under the 

16 Department of the Navy, is cited for gallantry in action 

17 that does not warrant a medal of honor or Coast Guard 

18 cross— 

19 ‘‘(1) while engaged in an action against an 

20 enemy of the United States; 

21 ‘‘(2) while engaged in military operations in22 volving conflict with an opposing foreign force or 

23 international terrorist organization; or 

24 ‘‘(3) while serving with friendly foreign forces 

25 engaged in an armed conflict against an opposing 
41 

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1 armed force in which the United States is not a bel2 ligerent party.’’. 

3 (c) CONFORMING AMENDMENTS.—Such chapter is fur4 ther amended— 

5 (1) in section 494, by striking ‘‘distinguished 

6 service medal, distinguished flying cross,’’ and insert7 ing ‘‘Coast Guard cross, distinguished service medal, 

8 silver star medal, distinguished flying cross,’’ in both 

9 places it appears; 

10 (2) in section 496— 

11 (A) in the matter preceding paragraph (1) 

12 of subsection (a), by striking ‘‘distinguished serv13 ice medal, distinguished flying cross,’’ and in14 serting ‘‘Coast Guard cross, distinguished service 

15 medal, silver star medal, distinguished flying 

16 cross,’’; and 

17 (B) in subsection (b)(2), by striking ‘‘distin18 guished service medal, distinguished flying 

19 cross,’’ and inserting ‘‘Coast Guard cross, distin20 guished service medal, silver star medal, distin21 guished flying cross,’’; and 

22 (3) in section 497, by striking ‘‘distinguished 

23 service medal, distinguished flying cross,’’ and insert24 ing ‘‘Coast Guard cross, distinguished service medal, 

25 silver star medal, distinguished flying cross,’’. 
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1 (d) CLERICAL AMENDMENTS.—The analysis at the be2 ginning of such chapter is amended— 

3 (1) by inserting after the item relating to section 

4 491 the following new item: 

‘‘491a. Coast Guard cross.’’. 

5 (2) by striking the item relating to section 492a 

6 and inserting the following new items: 

‘‘492a. Silver star medal. 

‘‘492b. Distinguished flying cross.’’. 

7 TITLE III—SHIPPING AND 

8 NAVIGATION 

9 SEC. 301. SEAWARD EXTENSION OF ANCHORAGE GROUNDS 

10 JURISDICTION. 

11 Section 7 of the Rivers and Harbors Appropriations 

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

13 (1) by striking ‘‘That the’’ and inserting the fol14 lowing: 

15 ‘‘(a) IN GENERAL.—The’’. 

16 (2) in subsection (a) (as designated by para17 graph (1)) by striking ‘‘$100; and the’’ and inserting 

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

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

20 and 

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

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

23 waters of the United States’ includes all waters of the terri-
43 

•HR 3619 EAH 

1 torial sea of the United States as described in Presidential 

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

3 SEC. 302. MARITIME DRUG LAW ENFORCEMENT ACT AMEND4 MENT-SIMPLE POSSESSION. 

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

6 amended by adding at the end the following: 

7 ‘‘(c) SIMPLE POSSESSION.— 

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

9 subject to the jurisdiction of the United States who is 

10 found by the Secretary, after notice and an oppor11 tunity for a hearing, to have knowingly or inten12 tionally possessed a controlled substance within the 

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

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

15 penalty of not to exceed $5,000 for each violation. The 

16 Secretary shall notify the individual in writing of the 

17 amount of the civil penalty. 

18 ‘‘(2) DETERMINATION OF AMOUNT.—In deter19 mining the amount of the penalty, the Secretary shall 

20 consider the nature, circumstances, extent, and grav21 ity of the prohibited acts committed and, with respect 

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

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

24 that justice requires. 
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1 ‘‘(3) TREATMENT OF CIVIL PENALTY ASSESS2 MENT.—Assessment of a civil penalty under this sub3 section shall not be considered a conviction for pur4 poses of State or Federal law but may be considered 

5 proof of possession if such a determination is rel6 evant.’’. 

7 SEC. 303. TECHNICAL AMENDMENTS TO TONNAGE MEAS8 UREMENT LAW. 

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

10 United States Code, is amended— 

11 (1) by striking ‘‘engaged’’ the first place it ap12 pears and inserting ‘‘that engages’’; 

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

14 and inserting ‘‘that arrives’’; 

15 (3) in subparagraph (B)— 

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

17 ‘‘that makes’’; and 

18 (B) by striking ‘‘(except a foreign vessel en19 gaged on that voyage)’’; 

20 (4) in subparagraph (C), by striking ‘‘depart21 ing’’ and inserting ‘‘that departs’’; and 

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

23 and inserting ‘‘that makes’’. 
45 

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

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

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

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

5 amended— 

6 (1) by amending subsection (a) to read as fol7 lows: 

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

9 chapter applies to any vessel for which the application of 

10 an international agreement or other law of the United 

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

12 (2) in subsection (b)— 

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

14 at the end and inserting ‘‘, unless the govern15 ment of the country to which the vessel belongs 

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

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

18 United States or Canadian registry or nation19 ality, or a vessel operated under the authority of 

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

21 ‘‘vessel’’; 

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

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

24 of United States registry or nationality, or one 
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1 operated under the authority of the United 

2 States (except a vessel that engages’’; 

3 (D) by striking paragraph (5); 

4 (E) by redesignating paragraph (6) as 

5 paragraph (5); and 

6 (F) by amending paragraph (5), as so re7 designated, to read as follows: 

8 ‘‘(5) a barge of United States registry or nation9 ality, or a barge operated under the authority of the 

10 United States (except a barge that engages on a for11 eign voyage) unless the owner requests.’’; 

12 (3) by striking subsection (c); 

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

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

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

16 ‘‘After July 18, 1994, an existing vessel (except an ex17 isting vessel referred to in subsection (b)(5)(A) or (B) 

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

19 has not undergone a change that the Secretary finds 

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

21 vessel to which IMO Resolutions A.494 (XII) of No22 vember 19, 1981, A.540 (XIII) of November 17, 1983, 

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

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

25 amended to read as follows: 
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1 ‘‘(b) A vessel measured under this chapter may not be 

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

3 (e) TONNAGE CERTIFICATE.— 

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

5 States Code, is amended— 

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

7 the following: ‘‘For a vessel to which the Conven8 tion does not apply, the Secretary shall prescribe 

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

10 measurement under this chapter.’’; 

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

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

13 (C) in the section heading by striking 

14 ‘‘International’’ and ‘‘(1969)’’. 

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

16 is amended— 

17 (A) by designating the existing text as sub18 section (a); and 

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

20 subsection: 

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

22 the Secretary.’’. 

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

24 beginning of chapter 143 of that title is amended by 
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1 striking the item relating to section 14303 and insert2 ing the following: 

‘‘14303. Tonnage Certificate.’’. 

3 (f) OPTIONAL REGULATORY MEASUREMENT.—Section 

4 14305(a) of that title is amended by striking ‘‘documented 

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

6 measured under this chapter that is of United States reg7 istry or nationality, or a vessel operated under the author8 ity of the United States,’’. 

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

10 amended— 

11 (1) by amending paragraph (1) to read as fol12 lows: 

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

14 this title if the application of an international agree15 ment or other law of the United States to the vessel 

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

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

18 inserting ‘‘A vessel’’. 

19 (h) DUAL TONNAGE MEASUREMENT.—Section 

20 14513(c) of that title is amended— 

21 (1) in paragraph (1)— 

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

23 below the uppermost part of the load line 

24 marks,’’ and inserting ‘‘vessel is assigned two 
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1 sets of gross and net tonnages under this sec2 tion,’’; and 

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

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

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

6 the end and inserting ‘‘as assigned under this sec7 tion.’’. 

8 (i) RECIPROCITY FOR FOREIGN VESSELS.—Sub9 chapter II of chapter 145 of that title is amended by adding 

10 at the end the following: 

11 ‘‘§ 14514. Reciprocity for foreign vessels 

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

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

14 foreign country related to measurement of vessels are sub15 stantially similar to those of this chapter and the regula16 tions prescribed under this chapter, the Secretary may ac17 cept the measurement and certificate of a vessel of that for18 eign country as complying with this chapter and the regula19 tions prescribed under this chapter.’’. 

20 (j) CLERICAL AMENDMENT.—The analysis for sub21 chapter II of chapter 145 of such title is amended by adding 

22 at the end the following: 

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

23 SEC. 304. MERCHANT MARINER DOCUMENT STANDARDS. 

24 Not later than 270 days after the date of enactment 

25 of this Act, the Secretary of the department in which the 
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1 Coast Guard is operating shall submit to the Committee 

2 on Transportation and Infrastructure of the House of Rep3 resentatives and the Committee on Commerce, Science, and 

4 Transportation of the Senate— 

5 (1) a plan, including estimated costs, to ensure 

6 that the process for an application, by an individual 

7 who has, or has applied for, a transportation security 

8 card under section 70105 of title 46, United States 

9 Code, for a merchant mariner document can be com10 pleted entirely by mail; and 

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

12 to, redesign the merchant mariner document to com13 ply with the requirements of such section, including 

14 a biometric identifier, and all relevant international 

15 conventions, including the International Labour Or16 ganization Convention Number 185 concerning the 

17 seafarers identity document, and include a review on 

18 whether or not such redesign will eliminate the need 

19 for separate identity credentials and background 

20 screening and streamline the application process for 

21 mariners. 
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1 SEC. 305. SHIP EMISSION REDUCTION TECHNOLOGY DEM2 ONSTRATION PROJECT. 

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

4 conjunction with the Administrator of the Environmental 

5 Protection Agency, shall conduct a study— 

6 (1) that surveys new technology and new appli7 cations of existing technology for reducing air emis8 sions from cargo or passenger vessels that operate in 

9 United States waters and ports; and 

10 (2) that identifies the impediments, including 

11 any laws or regulations, to demonstrating the tech12 nology identified in paragraph (1). 

13 (b) REPORT.—Within 180 days after the date of enact14 ment of this Act, the Commandant shall submit a report 

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

16 to the Committee on Transportation and Infrastructure and 

17 the Committee on Energy and Commerce of the House of 

18 Representatives and the Committee on Commerce, Science, 

19 and Transportation and the Committee on Environment 

20 and Public Works of the Senate. 

21 SEC. 306. PHASEOUT OF VESSELS SUPPORTING OIL AND 

22 GAS DEVELOPMENT. 

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

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

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

26 the setting, relocation, or recovery of anchors or other moor-
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1 ing equipment of a mobile offshore drilling unit that is lo2 cated over the Outer Continental Shelf (as defined in section 

3 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 

4 1331(a)) for operations in support of exploration, or flow5 testing and stimulation of wells, for offshore mineral or en6 ergy resources in the Beaufort Sea or the Chukchi Sea adja7 cent to Alaska— 

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

9 gives the Secretary of Transportation written notice 

10 of the commencement of such exploration drilling if 

11 the Secretary determines, after publishing notice in 

12 the Federal Register, that insufficient vessels docu13 mented under section 12111(d) of title 46, United 

14 States Code, are reasonably available and suitable for 

15 these support operations and all such reasonably 

16 available and suitable vessels are employed in support 

17 of such operations; and 

18 (2) for an additional period until such vessels 

19 are available if the Secretary of Transportation deter20 mines— 

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

22 the commencement of exploration drilling, the 

23 lessee has entered into a binding agreement to 

24 employ a suitable vessel or vessels to be docu25 mented under section 12111(d) of title 46, 
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1 United States Code, in sufficient numbers and 

2 with sufficient suitability to replace any foreign3 flag vessel or vessels operating under this section; 

4 and 

5 (B) after publishing notice in the Federal 

6 Register, that insufficient vessels documented 

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

8 Code, are reasonably available and suitable for 

9 these support operations and all such reasonably 

10 available and suitable vessels are employed in 

11 support of such operations. 

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

13 commitment referred to in subsection (a)(2)(A) occurs, for14 eign-flag anchor handling vessels may not be employed for 

15 the setting, relocation, or recovery of anchors or other moor16 ing equipment of a mobile offshore drilling unit after De17 cember 31, 2017. 

18 (c) LESSEE DEFINED.—In this section, the term ‘‘les19 see’’ means the holder of a lease (as defined in section 

20 1331(c) of title 43, United States Code), who, prior to giv21 ing the written notice in subsection (a)(1), has entered into 

22 a binding agreement to employ a suitable vessel documented 

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

24 States Code. 
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1 (d) SAVINGS PROVISION.—Nothing in subsection (a) 

2 may be construed to authorize the employment in the coast3 wise trade of a vessel that does not meet the requirements 

4 of 12111 of title 46, United States Code. 

5 SEC. 307. ARCTIC MARINE SHIPPING ASSESSMENT IMPLE6 MENTATION. 

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

8 safe and secure maritime shipping in the Arctic including 

9 the availability of aids to navigation, vessel escorts, spill 

10 response capability, and maritime search and rescue in the 

11 Arctic. 

12 (b) INTERNATIONAL MARITIME ORGANIZATION AGREE13 MENTS.—To carry out the purpose of this section, the Sec14 retary of the department in which the Coast Guard is oper15 ating is encouraged to enter into negotiations through the 

16 International Maritime Organization to conclude and exe17 cute agreements to promote coordinated action among the 

18 United States, Russia, Canada, Iceland, Norway, and Den19 mark and other seafaring and Arctic nations to ensure, in 

20 the Arctic— 

21 (1) placement and maintenance of aids to navi22 gation; 

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

24 capabilities; 

25 (3) oil spill prevention and response capability; 
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1 (4) maritime domain awareness, including long2 range vessel tracking; and 

3 (5) search and rescue. 

4 (c) COORDINATION BY COMMITTEE ON THE MARITIME

5 TRANSPORTATION SYSTEM.—The Committee on the Mari6 time Transportation System established under a directive 

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

8 17, 2004, shall coordinate the establishment of domestic 

9 transportation policies in the Arctic necessary to carry out 

10 the purpose of this section. 

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

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

13 subject to the availability of appropriations, enter into co14 operative agreements, contracts, or other agreements with, 

15 or make grants to individuals and governments to carry 

16 out the purpose of this section or any agreements established 

17 under subsection (b). 

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

19 in which the Coast Guard is operating shall promote safe 

20 maritime navigation by means of icebreaking where nec21 essary, feasible, and effective to carry out the purposes of 

22 this section. 

23 (f) INDEPENDENT ICE BREAKER ANALYSES.— 

24 (1) IN GENERAL.—Not later than 90 days after 

25 the date of enactment of this Act, the Secretary of the 
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1 department in which the Coast Guard is operating 

2 shall require a nongovernmental, independent third 

3 party (other than the National Academy of Sciences) 

4 that has extensive experience in the analysis of mili5 tary procurements, to— 

6 (A) conduct a comparative cost-benefit anal7 ysis, taking into account future Coast Guard 

8 budget projections (which assume Coast Guard 

9 budget growth of no more than inflation) and 

10 other recapitalization needs, of— 

11 (i) rebuilding, renovating, or improv12 ing the existing fleet of polar icebreakers for 

13 operation by the Coast Guard; 

14 (ii) constructing new polar icebreakers 

15 for operation by the Coast Guard; 

16 (iii) construction of new polar ice17 breakers by the National Science Founda18 tion for operation by the Foundation; 

19 (iv) rebuilding, renovating, or improv20 ing the existing fleet of polar icebreakers by 

21 the National Science Foundation for oper22 ation by the Foundation; and 

23 (v) any combination of the activities 

24 described in clause (i), (ii), (iii), or (iv) to 
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1 carry out the missions of the Coast Guard 

2 and the National Science Foundation; and 

3 (B) conduct a comprehensive analysis of the 

4 impact on all Coast Guard activities, including 

5 operations, maintenance, procurements, and end 

6 strength, of the acquisition of polar icebreakers 

7 described in subparagraph (A) by the Coast 

8 Guard or the National Science Foundation as9 suming that total Coast Guard funding will not 

10 increase more than the annual rate of inflation. 

11 (2) REPORT.—Not later than 1 year after the 

12 date of enactment of this Act, the Secretary of the de13 partment in which the Coast Guard is operating shall 

14 submit a report containing the results of the analyses 

15 required under paragraph (1), together with rec16 ommendations the Commandant considers appro17 priate under section 93(a)(24) of title 14, United 

18 States Code, to the Committee on Commerce, Science, 

19 and Transportation of the Senate and the Committee 

20 on Transportation and Infrastructure of the House of 

21 Representatives. 

22 (g) HIGH-LATITUDE STUDY.—Not later than 90 days 

23 after the date of enactment of this Act or the date of comple24 tion of the ongoing High-Latitude Study to assess polar 

25 icebreaking mission requirements for all Coast Guard mis-
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1 sions including search and rescue, marine pollution re2 sponse and prevention, fisheries enforcement, and maritime 

3 commerce, whichever occurs later, the Commandant of the 

4 Coast Guard shall submit a report containing the results 

5 of the study, together with recommendations the Com6 mandant considers appropriate under section 93(a)(24) of 

7 title 14, United States Code, to the Committee on Com8 merce, Science, and Transportation of the Senate and the 

9 Committee on Transportation and Infrastructure of the 

10 House of Representatives. 

11 (h) ARCTIC DEFINITION.—In this section the term 

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

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

14 TITLE IV—ACQUISITION REFORM 

15 SEC. 401. CHIEF ACQUISITION OFFICER. 

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

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

18 ‘‘§ 56. Chief Acquisition Officer 

19 ‘‘(a) IN GENERAL.—There shall be in the Coast Guard 

20 a Chief Acquisition Officer selected by the Commandant 

21 who shall be a Rear Admiral or civilian from the Senior 

22 Executive Service (career reserved) and who meets the 

23 qualifications set forth under subsection (b). The Chief Ac24 quisition Officer shall serve at the Assistant Commandant 
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1 level and have acquisition management as that individual’s 

2 primary duty. 

3 ‘‘(b) QUALIFICATIONS.— 

4 ‘‘(1) The Chief Acquisition Officer and any flag 

5 officer serving in the Acquisition Directorate shall be 

6 an acquisition professional with a Level III acquisi7 tion management certification and must have at least 

8 10 years experience in an acquisition position, of 

9 which at least 4 years were spent as— 

10 ‘‘(A) the program executive officer; 

11 ‘‘(B) the program manager of a Level 1 or 

12 Level 2 acquisition project or program; 

13 ‘‘(C) the deputy program manager of a 

14 Level 1 or Level 2 acquisition; 

15 ‘‘(D) the project manager of a Level 1 or 

16 Level 2 acquisition; or 

17 ‘‘(E) any other acquisition position of sig18 nificant responsibility in which the primary du19 ties are supervisory or management duties. 

20 ‘‘(2) The Commandant shall periodically publish 

21 a list of the positions designated under paragraph 

22 (1). 

23 ‘‘(3) In this subsection each of the terms ‘Level 

24 1 acquisition’ and ‘Level 2 acquisition’ has the mean25 ing that term has in chapter 15 of this title. 
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1 ‘‘(c) FUNCTIONS OF THE CHIEF ACQUISITION OFFI2 CER.—The functions of the Chief Acquisition Officer in3 clude— 

4 ‘‘(1) monitoring the performance of acquisition 

5 projects and programs on the basis of applicable per6 formance measurements and advising the Com7 mandant, through the chain of command, regarding 

8 the appropriate business strategy to achieve the mis9 sions of the Coast Guard; 

10 ‘‘(2) maximizing the use of full and open com11 petition at the prime contract and subcontract levels 

12 in the acquisition of property, capabilities, assets, 

13 and services by the Coast Guard by establishing poli14 cies, procedures, and practices that ensure that the 

15 Coast Guard receives a sufficient number of sealed 

16 bids or competitive proposals from responsible sources 

17 to fulfill the Government’s requirements, including 

18 performance and delivery schedules, at the lowest cost 

19 or best value considering the nature of the property, 

20 capability, asset, or service procured; 

21 ‘‘(3) making acquisition decisions in concurrence 

22 with the technical authority, or technical authorities, 

23 of the Coast Guard, as designated by the Com24 mandant, consistent with all other applicable laws 
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1 and decisions establishing procedures within the 

2 Coast Guard; 

3 ‘‘(4) ensuring the use of detailed performance 

4 specifications in instances in which performance5 based contracting is used; 

6 ‘‘(5) managing the direction of acquisition policy 

7 for the Coast Guard, including implementation of the 

8 unique acquisition policies, regulations, and stand9 ards of the Coast Guard; 

10 ‘‘(6) developing and maintaining an acquisition 

11 career management program in the Coast Guard to 

12 ensure that there is an adequate acquisition work13 force; 

14 ‘‘(7) assessing the requirements established for 

15 Coast Guard personnel regarding knowledge and skill 

16 in acquisition resources and management and the 

17 adequacy of such requirements for facilitating the 

18 achievement of the performance goals established for 

19 acquisition management; 

20 ‘‘(8) developing strategies and specific plans for 

21 hiring, training, and professional development; and 

22 ‘‘(9) reporting to the Commandant, through the 

23 chain of command, on the progress made in improv24 ing acquisition management capability.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of contents for 

2 chapter 3 of title 14, United States Code, is amended by 

3 adding at the end the following: 

‘‘56. Chief Acquisition Officer.’’. 

4 (c) SELECTION DEADLINE.—As soon as practicable 

5 after the date of enactment of this Act, but no later than 

6 October 1, 2011, the Commandant of the Coast Guard shall 

7 select a Chief Acquisition Officer under section 56 of title 

8 14, United States Code, as amended by this section. 

9 (d) SPECIAL RATE SUPPLEMENTS.— 

10 (1) REQUIREMENT TO ESTABLISH.—Not later 

11 than 1 year after the date of enactment of this Act 

12 and in accordance with part 9701.333 of title 5, Code 

13 of Federal Regulations, the Commandant of the Coast 

14 Guard shall establish special rate supplements that 

15 provide higher pay levels for employees necessary to 

16 carry out the amendment made by this section. 

17 (2) SUBJECT TO APPROPRIATIONS.—The require18 ment under paragraph (1) is subject to the avail19 ability of appropriations. 

20 (e) ELEVATION OF DISPUTES TO THE CHIEF ACQUISI21 TION OFFICER.—If, after 90 days following the elevation 

22 to the Chief Acquisition Officer of any design or other dis23 pute regarding Level 1 or Level 2 acquisition, the dispute 

24 remains unresolved, the Commandant shall provide to the 

25 appropriate congressional committees a detailed description 
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1 of the issue and the rationale underlying the decision taken 

2 by the Chief Acquisition Officer to resolve the issue. 

3 SEC. 402. ACQUISITIONS. 

4 (a) IN GENERAL.—Part I of title 14, United States 

5 Code, is amended by inserting after chapter 13 the fol6 lowing: 

‘‘CHAPTER 15—ACQUISITIONS

‘‘SUBCHAPTER I—GENERAL PROVISIONS

‘‘Sec. 

‘‘561. Acquisition directorate. 

‘‘562. Improvements in Coast Guard acquisition management. 

‘‘563. Recognition of Coast Guard personnel for excellence in acquisition. 

‘‘564. Prohibition on use of lead systems integrators. 

‘‘565. Required contract terms. 

‘‘566. Department of Defense consultation. 

‘‘567. Undefinitized contractual actions. 

‘‘568. Guidance on excessive pass-through charges. 

‘‘569. Report on former Coast Guard officials employed by contractors to the agency. 

‘‘SUBCHAPTER II—IMPROVED ACQUISITION PROCESS AND PROCEDURES

‘‘Sec. 

‘‘571. Identification of major system acquisitions. 

‘‘572. Acquisition. 

‘‘573. Preliminary development and demonstration. 

‘‘574. Acquisition, production, deployment, and support. 

‘‘575. Acquisition program baseline breach. 

‘‘576. Acquisition approval authority. 

‘‘SUBCHAPTER III—DEFINITIONS

‘‘581. Definitions. 

7 ‘‘SUBCHAPTER I—GENERAL PROVISIONS 

8 ‘‘§ 561. Acquisition directorate 

9 ‘‘(a) ESTABLISHMENT.—The Commandant of the 

10 Coast Guard shall establish an acquisition directorate to 

11 provide guidance and oversight for the implementation and 
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1 management of all Coast Guard acquisition processes, pro2 grams, and projects. 

3 ‘‘(b) MISSION.—The mission of the acquisition direc4 torate is— 

5 ‘‘(1) to acquire and deliver assets and systems 

6 that increase operational readiness, enhance mission 

7 performance, and create a safe working environment; 

8 and 

9 ‘‘(2) to assist in the development of a workforce 

10 that is trained and qualified to further the Coast 

11 Guard’s missions and deliver the best-value products 

12 and services to the Nation. 

13 ‘‘§ 562. Improvements in Coast Guard acquisition 

14 management 

15 ‘‘(a) PROJECT OR PROGRAM MANAGERS.— 

16 ‘‘(1) LEVEL 1 PROJECTS.—An individual may 

17 not be assigned as the project or program manager for 

18 a Level 1 acquisition unless the individual holds a 

19 Level III acquisition certification as a program man20 ager. 

21 ‘‘(2) LEVEL 2 PROJECTS.—An individual may 

22 not be assigned as the project or program manager for 

23 a Level 2 acquisition unless the individual holds a 

24 Level II acquisition certification as a program man25 ager. 
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1 ‘‘(b) GUIDANCE ON TENURE AND ACCOUNTABILITY OF

2 PROGRAM AND PROJECT MANAGERS.— 

3 ‘‘(1) ISSUANCE OF GUIDANCE.—Not later than 

4 one year after the date of enactment of the Coast 

5 Guard Authorization Act for Fiscal Years 2010 and 

6 2011, the Commandant shall issue guidance to ad7 dress the qualifications, resources, responsibilities, 

8 tenure, and accountability of program and project 

9 managers for the management of acquisition projects 

10 and programs. The guidance shall address, at a min11 imum— 

12 ‘‘(A) the qualifications required for project 

13 or 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 project or program management posi17 tions; 

18 ‘‘(B) authorities available to project or pro19 gram managers, including, to the extent appro20 priate, the authority to object to the addition of 

21 new program requirements that would be incon22 sistent with the parameters established for an ac23 quisition program; and 

24 ‘‘(C) the extent to which a project or pro25 gram manager who initiates a new acquisition 
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1 project or program will continue in management 

2 of that project or program without interruption 

3 until the delivery of the first production units of 

4 the program. 

5 ‘‘(2) STRATEGY.— 

6 ‘‘(A) IN GENERAL.—Not later than 18 

7 months after the date of enactment of this sec8 tion, the Commandant shall develop a com9 prehensive strategy for enhancing the role of 

10 Coast Guard project or program managers in de11 veloping and carrying out acquisition programs. 

12 ‘‘(B) MATTERS TO BE ADDRESSED.—The 

13 strategy required by this section shall address, at 

14 a minimum— 

15 ‘‘(i) the creation of a specific career 

16 path and career opportunities for individ17 uals who are or may become project or pro18 gram managers, including the rotational 

19 assignments that will be provided to project 

20 or program managers; 

21 ‘‘(ii) the provision of enhanced train22 ing and educational opportunities for indi23 viduals who are or may become project or 

24 program managers; 
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1 ‘‘(iii) the provision of mentoring sup2 port to current and future project or pro3 gram managers by experienced senior execu4 tives and program managers within the 

5 Coast Guard, and through rotational as6 signments to the Department of Defense; 

7 ‘‘(iv) the methods by which the Coast 

8 Guard will collect and disseminate best 

9 practices and lessons learned on systems ac10 quisition to enhance project and program 

11 management throughout the Coast Guard; 

12 ‘‘(v) the templates and tools that will 

13 be used to support improved data gathering 

14 and analysis for project and program man15 agement and oversight purposes, including 

16 the metrics that will be utilized to assess the 

17 effectiveness of Coast Guard project or pro18 gram managers in managing systems acqui19 sition efforts; and 

20 ‘‘(vi) the methods by which the ac21 countability of project or program man22 agers for the results of acquisition projects 

23 and programs will be increased. 

24 ‘‘(c) ACQUISITION WORKFORCE.— 
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1 ‘‘(1) IN GENERAL.—The Commandant shall des2 ignate a sufficient number of positions to be in the 

3 Coast Guard’s acquisition workforce to perform acqui4 sition-related functions at Coast Guard headquarters 

5 and field activities. 

6 ‘‘(2) REQUIRED POSITIONS.—In designating po7 sitions under subsection (a), the Commandant shall 

8 include, at a minimum, positions encompassing the 

9 following competencies and functions: 

10 ‘‘(A) Program management. 

11 ‘‘(B) Systems planning, research, develop12 ment, engineering, and testing. 

13 ‘‘(C) Procurement, including contracting. 

14 ‘‘(D) Industrial and contract property man15 agement. 

16 ‘‘(E) Life-cycle logistics. 

17 ‘‘(F) Quality control and assurance. 

18 ‘‘(G) Manufacturing and production. 

19 ‘‘(H) Business, cost estimating, financial 

20 management, and auditing. 

21 ‘‘(I) Acquisition education, training, and 

22 career development. 

23 ‘‘(J) Construction and facilities engineer24 ing. 

25 ‘‘(K) Testing and evaluation. 
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1 ‘‘(3) ACQUISITION MANAGEMENT HEADQUARTER

2 ACTIVITIES.—The Commandant shall also designate 

3 as positions in the acquisition workforce under para4 graph (1) those acquisition-related positions located 

5 at Coast Guard headquarters units. 

6 ‘‘(4) APPROPRIATE EXPERTISE REQUIRED.—The 

7 Commandant shall ensure that each individual as8 signed to a position in the acquisition workforce has 

9 the appropriate expertise to carry out the responsibil10 ities of that position. 

11 ‘‘(d) MANAGEMENT INFORMATION SYSTEM.— 

12 ‘‘(1) IN GENERAL.—The Commandant shall es13 tablish a management information system capability 

14 to improve acquisition workforce management and re15 porting. 

16 ‘‘(2) INFORMATION MAINTAINED.—Information 

17 maintained with such capability shall include the fol18 lowing standardized information on individuals as19 signed to positions in the workforce: 

20 ‘‘(A) Qualifications, assignment history, 

21 and tenure of those individuals assigned to posi22 tions in the acquisition workforce or holding ac23 quisition-related certifications. 
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1 ‘‘(B) Promotion rates for officers and mem2 bers of the Coast Guard in the acquisition work3 force. 

4 ‘‘(e) REPORT ON ADEQUACY OF ACQUISITION WORK5 FORCE.— 

6 ‘‘(1) IN GENERAL.—The Commandant shall re7 port to the appropriate congressional committees and 

8 the Committee on Homeland Security of the House of 

9 Representatives by July 1 of each year on the scope 

10 of the acquisition activities to be performed in the 

11 next fiscal year and on the adequacy of the current 

12 acquisition workforce to meet that anticipated work13 load. 

14 ‘‘(2) CONTENTS.—The report shall— 

15 ‘‘(A) specify the number of officers, mem16 bers, and employees of the Coast Guard currently 

17 and planned to be assigned to each position des18 ignated under subsection (c); and 

19 ‘‘(B) identify positions that are understaffed 

20 to meet the anticipated acquisition workload, 

21 and actions that will be taken to correct such 

22 understaffing. 

23 ‘‘(f) APPOINTMENTS TO ACQUISITION POSITIONS.—The 

24 Commandant shall ensure that no requirement or preference 

25 for officers or members of the Coast Guard is used in the 
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1 consideration of persons for positions in the acquisition 

2 workforce. 

3 ‘‘(g) CAREER PATHS.— 

4 ‘‘(1) IDENTIFICATION OF CAREER PATHS.—To es5 tablish acquisition management as a core competency 

6 of the Coast Guard, the Commandant shall— 

7 ‘‘(A) ensure that career paths for officers, 

8 members, and employees of the Coast Guard who 

9 wish to pursue careers in acquisition are identi10 fied in terms of the education, training, experi11 ence, and assignments necessary for career pro12 gression of those officers, members, and employ13 ees to the most senior positions in the acquisition 

14 workforce; and 

15 ‘‘(B) publish information on such career 

16 paths. 

17 ‘‘(2) PROMOTION PARITY.—The Commandant 

18 shall ensure that promotion parity is established for 

19 officers and members of the Coast Guard who have 

20 been assigned to the acquisition workforce relative to 

21 officers and members who have not been assigned to 

22 the acquisition workforce. 
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1 ‘‘§ 563. Recognition of Coast Guard personnel for ex2 cellence in acquisition 

3 ‘‘(a) IN GENERAL.—Not later than 180 days after the 

4 date of enactment of the Coast Guard Authorization Act for 

5 Fiscal Years 2010 and 2011, the Commandant shall com6 mence implementation of a program to recognize excellent 

7 performance by individuals and teams comprised of officers, 

8 members, and employees of the Coast Guard that contrib9 uted to the long-term success of a Coast Guard acquisition 

10 project or program. 

11 ‘‘(b) ELEMENTS.—The program shall include— 

12 ‘‘(1) specific award categories, criteria, and eli13 gibility 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; and 

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, aca21 demia, and the private sector who have such expertise 

22 and are appointed in such manner as the Com23 mandant shall establish for the purposes of this pro24 gram. 

25 ‘‘(c) AWARD OF CASH BONUSES.—As part of the pro26 gram required by subsection (a), the Commandant, subject 
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1 to the availability of appropriations, may award to any 

2 civilian employee recognized pursuant to the program a 

3 cash bonus to the extent that the performance of such indi4 vidual so recognized warrants the award of such bonus. 

5 ‘‘§ 564. Prohibition on use of lead systems integrators 

6 ‘‘(a) IN GENERAL.— 

7 ‘‘(1) USE OF LEAD SYSTEMS INTEGRATOR.—Ex8 cept as provided in subsection (b), the Commandant 

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

10 integrator for an acquisition contract awarded or de11 livery order or task order issued after the date of en12 actment of the Coast Guard Authorization Act for 

13 Fiscal Years 2010 and 2011. 

14 ‘‘(2) FULL AND OPEN COMPETITION.—The Com15 mandant and any lead systems integrator engaged by 

16 the Coast Guard, pursuant to the exceptions described 

17 in subsection (b), shall use full and open competition 

18 for any acquisition contract awarded after the date of 

19 enactment of that Act, unless otherwise excepted in 

20 accordance with Federal acquisition laws and regula21 tions promulgated under those laws, including the 

22 Federal Acquisition Regulation. 

23 ‘‘(3) NO EFFECT ON SMALL BUSINESS ACT.— 

24 Nothing in this subsection shall be construed to super25 sede or otherwise affect the authorities provided by 
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1 and under the Small Business Act (15 U.S.C. 631 et 

2 seq.). 

3 ‘‘(b) EXCEPTIONS.— 

4 ‘‘(1) NATIONAL DISTRESS AND RESPONSE SYS5 TEM MODERNIZATION PROGRAM; C4ISR; NATIONAL SE6 CURITY CUTTERS 2 AND 3.—Notwithstanding sub7 section (a), the Commandant may use a private sec8 tor entity as a lead systems integrator for the Coast 

9 Guard to complete the National Distress and Re10 sponse System Modernization Program (otherwise 

11 known as the ‘Rescue 21’ program), the C4ISR 

12 projects directly related to the Integrated Deepwater 

13 program, and National Security Cutters 2 and 3, if 

14 the Secretary of the department in which the Coast 

15 Guard is operating certifies that— 

16 ‘‘(A) the acquisition is in accordance with 

17 Federal law and the Federal Acquisition Regula18 tion; and 

19 ‘‘(B) the acquisition and the use of a pri20 vate sector lead systems integrator for the acqui21 sition is in the best interest of the Federal Gov22 ernment. 

23 ‘‘(2) REPORT ON DECISIONMAKING PROCESS.—If 

24 the Commandant uses a private sector lead systems 

25 integrator for an acquisition, the Commandant shall 
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1 notify in writing the appropriate congressional com2 mittees of the Commandant’s determination and shall 

3 provide to such committees a detailed rationale for 

4 the determination, at least 30 days before the award 

5 of a contract or issuance of a delivery order or task 

6 order, using a private sector lead systems integrator, 

7 including a comparison of the cost of the acquisition 

8 through the private sector lead systems integrator 

9 with the expected cost if the acquisition were awarded 

10 directly to the manufacturer or shipyard. For pur11 poses of that comparison, the cost of award directly 

12 to a manufacturer or shipyard shall include the costs 

13 of Government contract management and oversight. 

14 ‘‘(c) LIMITATION ON LEAD SYSTEMS INTEGRATORS.— 

15 Neither an entity performing lead systems integrator func16 tions for a Coast Guard acquisition nor a Tier 1 subcon17 tractor for any acquisition may have a financial interest 

18 in a subcontractor below the Tier 1 subcontractor level un19 less— 

20 ‘‘(1) the subcontractor was selected by the prime 

21 contractor through full and open competition for such 

22 procurement; 

23 ‘‘(2) the procurement was awarded by the lead 

24 systems integrator or a subcontractor through full and 

25 open competition; 
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1 ‘‘(3) the procurement was awarded by a subcon2 tractor through a process over which the lead systems 

3 integrator and a Tier 1 subcontractor exercised no 

4 control; or 

5 ‘‘(4) the Commandant has determined that the 

6 procurement was awarded in a manner consistent 

7 with Federal acquisition laws and regulations pro8 mulgated under those laws, including the Federal Ac9 quisition Regulation. 

10 ‘‘(d) TERMINATION DATE FOR EXCEPTIONS.—Except 

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

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

13 acquisition contracts awarded, or task orders or delivery 

14 orders issued, after the earlier of— 

15 ‘‘(1) September 30, 2011; or 

16 ‘‘(2) the date on which the Commandant certifies 

17 in writing to the appropriate congressional commit18 tees that the Coast Guard has available and can re19 tain sufficient acquisition workforce personnel and ex20 pertise within the Coast Guard, through an arrange21 ment with other Federal agencies, or through con22 tracts or other arrangements with private sector enti23 ties, to perform the functions and responsibilities of 

24 the lead systems integrator in an efficient and cost25 effective manner. 
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1 ‘‘§ 565. Required contract terms 

2 ‘‘(a) IN GENERAL.—The Commandant shall ensure 

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

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

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

6 acquisition cost that is equal to or exceeds $10,000,000 

7 awarded or issued by the Coast Guard after the date of en8 actment of the Coast Guard Authorization Act for Fiscal 

9 Years 2010 and 2011— 

10 ‘‘(1) provides that all certifications for an end11 state capability or asset under such contract, delivery 

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

13 the Commandant or an independent third party, and 

14 that self-certification by a contractor or subcontractor 

15 is not allowed; 

16 ‘‘(2) provides that the Commandant shall main17 tain the authority to establish, approve, and main18 tain technical requirements; 

19 ‘‘(3) requires that any measurement of contractor 

20 and subcontractor performance be based on the status 

21 of all work performed, including the extent to which 

22 the work performed met all performance, cost, and 

23 schedule requirements; 

24 ‘‘(4) specifies that, for the acquisition or upgrade 

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

26 which compliance with TEMPEST certification is a 
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1 requirement, the standard for determining such com2 pliance will be the air, surface, or shore standard then 

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

4 capability or asset; and 

5 ‘‘(5) for any contract awarded to acquire an Off6 shore Patrol Cutter, includes provisions specifying the 

7 service life, fatigue life, and days underway in gen8 eral Atlantic and North Pacific Sea conditions, max9 imum range, and maximum speed the cutter will be 

10 built to achieve. 

11 ‘‘(b) PROHIBITED PROVISIONS.— 

12 ‘‘(1) IN GENERAL.—The Commandant shall en13 sure that any contract awarded or delivery order or 

14 task order issued by the Coast Guard after the date 

15 of enactment of the Coast Guard Authorization Act of 

16 2010 does not include any provision allowing for eq17 uitable adjustment that is not consistent with the 

18 Federal Acquisition Regulations. 

19 ‘‘(2) EXTENSION OF PROGRAM.—A contract, con20 tract modification, or award term extending a con21 tract with a lead systems integrator— 

22 ‘‘(A) may not include any minimum re23 quirements for the purchase of a given or deter24 minable number of specific capabilities or assets; 

25 and 
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1 ‘‘(B) shall be reviewed by an independent 

2 third party with expertise in acquisition man3 agement, and the results of that review shall be 

4 submitted to the appropriate congressional com5 mittees at least 60 days prior to the award of the 

6 contract, contract modification, or award term. 

7 ‘‘(c) INTEGRATED PRODUCT TEAMS.—Integrated prod8 uct teams, and all teams that oversee integrated product 

9 teams, shall be chaired by officers, members, or employees 

10 of the Coast Guard. 

11 ‘‘(d) TECHNICAL AUTHORITY.—The Commandant 

12 shall maintain or designate the technical authority to estab13 lish, approve, and maintain technical requirements. Any 

14 such designation shall be made in writing and may not 

15 be delegated to the authority of the Chief Acquisition Officer 

16 established by section 56 of this title. 

17 ‘‘§ 566. Department of Defense consultation 

18 ‘‘(a) IN GENERAL.—The Commandant shall make ar19 rangements as appropriate with the Secretary of Defense 

20 for support in contracting and management of Coast Guard 

21 acquisition programs. The Commandant shall also seek op22 portunities to make use of Department of Defense contracts, 

23 and contracts of other appropriate agencies, to obtain the 

24 best possible price for assets acquired for the Coast Guard. 
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1 ‘‘(b) INTERSERVICE TECHNICAL ASSISTANCE.—The 

2 Commandant shall seek to enter into a memorandum of un3 derstanding or a memorandum of agreement with the Sec4 retary of the Navy to obtain the assistance of the Office of 

5 the Assistant Secretary of the Navy for Research, Develop6 ment, and Acquisition, including the Navy Systems Com7 mand, with the oversight of Coast Guard major acquisition 

8 programs. The memorandum of understanding or memo9 randum of agreement shall, at a minimum, provide for— 

10 ‘‘(1) the exchange of technical assistance and 

11 support that the Assistant Commandants for Acquisi12 tion, Human Resources, Engineering, and Informa13 tion technology may identify; 

14 ‘‘(2) the use, as appropriate, of Navy technical 

15 expertise; and 

16 ‘‘(3) the temporary assignment or exchange of 

17 personnel between the Coast Guard and the Office of 

18 the Assistant Secretary of the Navy for Research, De19 velopment, and Acquisition, including Naval Systems 

20 Command, to facilitate the development of organic ca21 pabilities in the Coast Guard. 

22 ‘‘(c) TECHNICAL REQUIREMENT APPROVAL PROCE23 DURES.—The Chief Acquisition Officer shall adopt, to the 

24 extent practicable, procedures modeled after those used by 
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1 the Navy Senior Acquisition Official to approve all tech2 nical requirements. 

3 ‘‘(d) ASSESSMENT.—Within 180 days after the date of 

4 enactment of the Coast Guard Authorization Act for fiscal 

5 years 2010 and 2011, the Comptroller General of the United 

6 States shall transmit a report to the appropriate congres7 sional committees that— 

8 ‘‘(1) contains an assessment of current Coast 

9 Guard acquisition and management capabilities to 

10 manage Level 1 and Level 2 acquisitions; 

11 ‘‘(2) includes recommendations as to how the 

12 Coast Guard can improve its acquisition manage13 ment, either through internal reforms or by seeking 

14 acquisition expertise from the Department of Defense; 

15 and 

16 ‘‘(3) addresses specifically the question of wheth17 er the Coast Guard can better leverage Department of 

18 Defense or other agencies’ contracts that would meet 

19 the needs of Level 1 or Level 2 acquisitions in order 

20 to obtain the best possible price. 

21 ‘‘§ 567. Undefinitized contractual actions 

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

23 into an undefinitized contractual action unless such action 

24 is directly approved by the Head of Contracting Activity 

25 of the Coast Guard. 
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1 ‘‘(b) REQUESTS FOR UNDEFINITIZED CONTRACTUAL

2 ACTIONS.—Any request to the Head of Contracting Activity 

3 for approval of an undefinitized contractual action shall 

4 include a description of the anticipated effect on require5 ments of the Coast Guard if a delay is incurred for the 

6 purposes of determining contractual terms, specifications, 

7 and price before performance is begun under the contractual 

8 action. 

9 ‘‘(c) REQUIREMENTS FOR UNDEFINITIZED CONTRAC10 TUAL ACTIONS.— 

11 ‘‘(1) DEADLINE FOR AGREEMENT ON TERMS, 

12 SPECIFICATIONS, AND PRICE.—A contracting officer of 

13 the Coast Guard may not enter into an undefinitized 

14 contractual action unless the contractual action pro15 vides for agreement upon contractual terms, specifica16 tion, and price by the earlier of— 

17 ‘‘(A) the end of the 180-day period begin18 ning on the date on which the contractor submits 

19 a qualifying proposal to definitize the contrac20 tual terms, specifications, and price; or 

21 ‘‘(B) the date on which the amount of funds 

22 obligated under the contractual action is equal to 

23 more than 50 percent of the negotiated overall 

24 ceiling price for the contractual action. 

25 ‘‘(2) LIMITATION ON OBLIGATIONS.— 
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1 ‘‘(A) IN GENERAL.—Except as provided in 

2 subparagraph (B), the contracting officer for an 

3 undefinitized contractual action may not obli4 gate under such contractual action an amount 

5 that exceeds 50 percent of the negotiated overall 

6 ceiling price until the contractual terms, speci7 fications, and price are definitized for such con8 tractual action. 

9 ‘‘(B) EXCEPTION.—Notwithstanding sub10 paragraph (A), if a contractor submits a quali11 fying proposal to definitize an undefinitized con12 tractual action before an amount that exceeds 50 

13 percent of the negotiated overall ceiling price is 

14 obligated on such action, the contracting officer 

15 for such action may not obligate with respect to 

16 such contractual action an amount that exceeds 

17 75 percent of the negotiated overall ceiling price 

18 until the contractual terms, specifications, and 

19 price are definitized for such contractual action. 

20 ‘‘(3) WAIVER.—The Commandant may waive the 

21 application of this subsection with respect to a con22 tract if the Commandant determines that the waiver 

23 is necessary to support— 

24 ‘‘(A) a contingency operation (as that term 

25 is defined in section 101(a)(13) of title 10); 
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1 ‘‘(B) operations to prevent or respond to a 

2 transportation security incident (as defined in 

3 section 70101(6) of title 46); 

4 ‘‘(C) an operation in response to an emer5 gency that poses an unacceptable threat to 

6 human health or safety or to the marine environ7 ment; or 

8 ‘‘(D) an operation in response to a natural 

9 disaster or major disaster or emergency des10 ignated by the President under the Robert T. 

11 Stafford Disaster Relief and Emergency Assist12 ance Act (42 U.S.C. 5121 et seq.). 

13 ‘‘(4) LIMITATION ON APPLICATION.—This sub14 section does not apply to an undefinitized contractual 

15 action for the purchase of initial spares. 

16 ‘‘(d) INCLUSION OF NONURGENT REQUIREMENTS.— 

17 Requirements for spare parts and support equipment that 

18 are not needed on an urgent basis may not be included in 

19 an undefinitized contractual action by the Coast Guard for 

20 spare parts and support equipment that are needed on an 

21 urgent basis unless the Commandant approves such inclu22 sion as being— 

23 ‘‘(1) good business practice; and 

24 ‘‘(2) in the best interests of the United States. 
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1 ‘‘(e) MODIFICATION OF SCOPE.—The scope of an 

2 undefinitized contractual action under which performance 

3 has begun may not be modified unless the Commandant ap4 proves such modification as being— 

5 ‘‘(1) good business practice; and 

6 ‘‘(2) in the best interests of the United States. 

7 ‘‘(f) ALLOWABLE PROFIT.—The Commandant shall en8 sure that the profit allowed on an undefinitized contractual 

9 action for which the final price is negotiated after a sub10 stantial portion of the performance required is completed 

11 reflects— 

12 ‘‘(1) the possible reduced cost risk of the con13 tractor with respect to costs incurred during perform14 ance of the contract before the final price is nego15 tiated; and 

16 ‘‘(2) the reduced cost risk of the contractor with 

17 respect to costs incurred during performance of the re18 maining portion of the contract. 

19 ‘‘(g) DEFINITIONS.—In this section: 

20 ‘‘(1) UNDEFINITIZED CONTRACTUAL ACTION.— 

21 ‘‘(A) IN GENERAL.—Except as provided in 

22 subparagraph (B), the term ‘undefinitized con23 tractual action’ means a new procurement action 

24 entered into by the Coast Guard for which the 

25 contractual terms, specifications, or price are not 
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1 agreed upon before performance is begun under 

2 the action. 

3 ‘‘(B) EXCLUSION.—The term ‘undefinitized 

4 contractual action’ does not include contractual 

5 actions with respect to— 

6 ‘‘(i) foreign military sales; 

7 ‘‘(ii) purchases in an amount not in 

8 excess of the amount of the simplified acqui9 sition threshold; or 

10 ‘‘(iii) special access programs. 

11 ‘‘(2) QUALIFYING PROPOSAL.—The term ‘‘quali12 fying proposal’ means a proposal that contains suffi13 cient information to enable complete and meaningful 

14 audits of the information contained in the proposal as 

15 determined by the contracting officer. 

16 ‘‘§ 568. Guidance on excessive pass-through charges 

17 ‘‘(a) IN GENERAL.—Not later than 180 days after the 

18 date of enactment of the Coast Guard Authorization Act for 

19 Fiscal Years 2010 and 2011, the Commandant shall issue 

20 guidance to ensure that pass-through charges on contracts, 

21 subcontracts, delivery orders, and task orders that are en22 tered into with a private entity acting as a lead systems 

23 integrator by or on behalf of the Coast Guard are not exces24 sive in relation to the cost of work performed by the relevant 
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1 contractor or subcontractor. The guidance shall, at a min2 imum— 

3 ‘‘(1) set forth clear standards for determining 

4 when no, or negligible, value has been added to a con5 tract by a contractor or subcontractor; 

6 ‘‘(2) set forth procedures for preventing the pay7 ment by the Government of excessive pass-through 

8 charges; and 

9 ‘‘(3) identify any exceptions determined by the 

10 Commandant to be in the best interest of the Govern11 ment. 

12 ‘‘(b) EXCESSIVE PASS-THROUGH CHARGE DE13 FINED.—In this section the term ‘excessive pass-through 

14 charge’, with respect to a contractor or subcontractor that 

15 adds no, or negligible, value to a contract or subcontract, 

16 means a charge to the Government by the contractor or sub17 contractor that is for overhead or profit on work performed 

18 by a lower tier contractor or subcontractor, other than rea19 sonable charges for the direct costs of managing lower tier 

20 contractors and subcontracts and overhead and profit based 

21 on such direct costs. 

22 ‘‘(c) APPLICATION OF GUIDANCE.—The guidance 

23 under this subsection shall apply to contracts awarded to 

24 a private entity acting as a lead systems integrator by or 

25 on behalf of the Coast Guard on or after the date that is 
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1 360 days after the date of enactment of the Coast Guard 

2 Authorization Act for Fiscal Years 2010 and 2011. 

3 ‘‘§ 569. Report on former Coast Guard officials em4 ployed by contractors to the agency 

5 ‘‘(a) REPORT REQUIRED.—Not later than December 

6 31, 2011, and annually thereafter, the Comptroller General 

7 of the United States shall submit a report to the appro8 priate congressional committees on the employment during 

9 the preceding year by Coast Guard contractors of individ10 uals who were Coast Guard officials in the previous 5-year 

11 period. The report shall assess the extent to which former 

12 Coast Guard officials were provided compensation by Coast 

13 Guard contractors in the preceding calendar year. 

14 ‘‘(b) OBJECTIVES OF REPORT.—At a minimum, the 

15 report required by this section shall assess the extent to 

16 which former Coast Guard officials who receive compensa17 tion from Coast Guard contractors have been assigned by 

18 those contractors to work on contracts or programs between 

19 the contractor and the Coast Guard, including contracts or 

20 programs for which the former official personally had over21 sight responsibility or decisionmaking authority when they 

22 served in or worked for the Coast Guard. 

23 ‘‘(c) CONFIDENTIALITY REQUIREMENT.—The report 

24 required by this subsection shall not include the names of 
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1 the former Coast Guard officials who receive compensation 

2 from Coast Guard contractors. 

3 ‘‘(d) ACCESS TO INFORMATION.—A Coast Guard con4 tractor shall provide the Comptroller General access to in5 formation requested by the Comptroller General for the pur6 pose of conducting the study required by this section. 

7 ‘‘(e) DEFINITIONS.—In this section: 

8 ‘‘(1) COAST GUARD CONTRACTOR.—The term 

9 ‘Coast Guard contractor’ includes any person that re10 ceived at least $10,000,000 in contractor awards from 

11 the Coast Guard in the calendar year covered by the 

12 annual report. 

13 ‘‘(2) COAST GUARD OFFICIAL.—The term ‘Coast 

14 Guard official’ includes former officers of the Coast 

15 Guard who were compensated at a rate of pay for 

16 grade O–7 or above during the calendar year prior to 

17 the date on which they separated from the Coast 

18 Guard, and former civilian employees of the Coast 

19 Guard who served at any Level of the Senior Execu20 tive Service under subchapter VIII of chapter 53 of 

21 title 5, United States Code, during the calendar year 

22 prior to the date on which they separated from the 

23 Coast Guard. 
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1 ‘‘SUBCHAPTER II—IMPROVED ACQUISITION 

2 PROCESS AND PROCEDURES 

3 ‘‘§ 571. Identification of major system acquisitions 

4 ‘‘(a) IN GENERAL.— 

5 ‘‘(1) SUPPORT MECHANISMS.—The Commandant 

6 shall develop and implement mechanisms to support 

7 the establishment of mature and stable operational re8 quirements for all acquisitions. 

9 ‘‘(2) MISSION ANALYSIS; AFFORDABILITY ASSESS10 MENT.—The Commandant may not initiate a Level 1 

11 or Level 2 acquisition project or program until the 

12 Commandant— 

13 ‘‘(A) completes a mission analysis that— 

14 ‘‘(i) identifies the specific capability 

15 gaps to be addressed by the project or pro16 gram; and 

17 ‘‘(ii) develops a clear mission need to 

18 be addressed by the project or program; and 

19 ‘‘(B) prepares a preliminary affordability 

20 assessment for the project or program. 

21 ‘‘(b) ELEMENTS.— 

22 ‘‘(1) REQUIREMENTS.—The mechanisms required 

23 by subsection (a) shall ensure the implementation of 

24 a formal process for the development of a mission25 needs statement, concept-of-operations document, ca-
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1 pability development plan, and resource proposal for 

2 the initial project or program funding, and shall en3 sure the project or program is included in the Coast 

4 Guard Capital Investment Plan. 

5 ‘‘(2) ASSESSMENT OF TRADE-OFFS.—In con6 ducting an affordability assessment under subsection 

7 (a)(2)(B), the Commandant shall develop and imple8 ment mechanisms to ensure that trade-offs among 

9 cost, schedule, and performance are considered in the 

10 establishment of preliminary operational require11 ments for development and production of new assets 

12 and capabilities for Level 1 and Level 2 acquisitions 

13 projects and programs. 

14 ‘‘(c) HUMAN RESOURCE CAPITAL PLANNING.—The 

15 Commandant shall develop staffing predictions, define 

16 human capital performance initiatives, and identify pre17 liminary training needs required to implement each Level 

18 1 and Level 2 acquisition project and program. 

19 ‘‘§ 572. Acquisition 

20 ‘‘(a) IN GENERAL.—The Commandant may not estab21 lish a Level 1 or Level 2 acquisition project or program 

22 until the Commandant— 

23 ‘‘(1) clearly defines the operational requirements 

24 for the project or program; 

25 ‘‘(2) establishes the feasibility of alternatives; 
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1 ‘‘(3) develops an acquisition project or program 

2 baseline; 

3 ‘‘(4) produces a life-cycle cost estimate; and 

4 ‘‘(5) assesses the relative merits of alternatives to 

5 determine a preferred solution in accordance with the 

6 requirements of this section. 

7 ‘‘(b) SUBMISSION REQUIRED BEFORE PROCEEDING.— 

8 Any Coast Guard Level 1 or Level 2 acquisition project or 

9 program may not begin to obtain any capability or asset 

10 or proceed beyond that phase of its development that entails 

11 approving the supporting acquisition until the Com12 mandant submits to the appropriate congressional commit13 tees the following: 

14 ‘‘(1) The key performance parameters, the key 

15 system attributes, and the operational performance 

16 attributes of the capability or asset to be acquired 

17 under the proposed acquisition project or program. 

18 ‘‘(2) A detailed list of the systems or other capa19 bilities with which the capability or asset to be ac20 quired is intended to be interoperable, including an 

21 explanation of the attributes of interoperability. 

22 ‘‘(3) The anticipated acquisition project or pro23 gram baseline and acquisition unit cost for the capa24 bility or asset to be acquired under the project or pro25 gram. 
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1 ‘‘(4) A detailed schedule for the acquisition proc2 ess showing when all capability and asset acquisitions 

3 are to be completed and when all acquired capabili4 ties and assets are to be initially and fully deployed. 

5 ‘‘(c) ANALYSIS OF ALTERNATIVES.— 

6 ‘‘(1) IN GENERAL.—The Coast Guard may not 

7 acquire an experimental or technically immature ca8 pability or asset or implement a Level 1 or Level 2 

9 acquisition project or program, unless it has prepared 

10 an analysis of alternatives for the capability or asset 

11 to be acquired in the concept and technology develop12 ment phase of the acquisition process for the capa13 bility or asset. 

14 ‘‘(2) REQUIREMENTS.—The analysis of alter15 natives shall be prepared by a federally funded re16 search and development center, a qualified entity of 

17 the Department of Defense, or a similar independent 

18 third-party entity that has appropriate acquisition 

19 expertise and has no financial interest in any part of 

20 the acquisition project or program that is the subject 

21 of the analysis. At a minimum, the analysis of alter22 natives shall include— 

23 ‘‘(A) an assessment of the technical matu24 rity of the capability or asset, and technical and 

25 other risks; 
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1 ‘‘(B) an examination of capability, inter2 operability, and other advantages and disadvan3 tages; 

4 ‘‘(C) an evaluation of whether different 

5 combinations or quantities of specific assets or 

6 capabilities could meet the Coast Guard’s overall 

7 performance needs; 

8 ‘‘(D) a discussion of key assumptions and 

9 variables, and sensitivity to change in such as10 sumptions and variables; 

11 ‘‘(E) when an alternative is an existing ca12 pability, asset, or prototype, an evaluation of 

13 relevant safety and performance records and 

14 costs; 

15 ‘‘(F) a calculation of life-cycle costs includ16 ing— 

17 ‘‘(i) an examination of likely research 

18 and development costs and the levels of un19 certainty associated with such estimated 

20 costs; 

21 ‘‘(ii) an examination of likely produc22 tion and deployment costs and the levels of 

23 uncertainty associated with such estimated 

24 costs; 
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1 ‘‘(iii) an examination of likely oper2 ating and support costs and the levels of 

3 uncertainty associated with such estimated 

4 costs; 

5 ‘‘(iv) if they are likely to be signifi6 cant, an examination of likely disposal costs 

7 and the levels of uncertainty associated with 

8 such estimated costs; and 

9 ‘‘(v) such additional measures as the 

10 Commandant or the Secretary of the de11 partment in which the Coast Guard is oper12 ating determines to be necessary for appro13 priate evaluation of the capability or asset; 

14 and 

15 ‘‘(G) the business case for each viable alter16 native. 

17 ‘‘(d) TEST AND EVALUATION MASTER PLAN.— 

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

19 acquisition project or program the Chief Acquisition 

20 Officer must approve a test and evaluation master 

21 plan specific to the acquisition project or program for 

22 the capability, asset, or subsystems of the capability 

23 or asset and intended to minimize technical, cost, and 

24 schedule risk as early as practicable in the develop25 ment of the project or program. 
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1 ‘‘(2) TEST AND EVALUATION STRATEGY.—The 

2 master plan shall— 

3 ‘‘(A) set forth an integrated test and evalua4 tion strategy that will verify that capability-level 

5 or asset-level and subsystem-level design and de6 velopment, including performance and 

7 supportability, have been sufficiently proven be8 fore the capability, asset, or subsystem of the ca9 pability or asset is approved for production; and 

10 ‘‘(B) require that adequate developmental 

11 tests and evaluations and operational tests and 

12 evaluations established under subparagraph (A) 

13 are performed to inform production decisions. 

14 ‘‘(3) OTHER COMPONENTS OF THE MASTER

15 PLAN.—At a minimum, the master plan shall iden16 tify— 

17 ‘‘(A) the key performance parameters to be 

18 resolved through the integrated test and evalua19 tion strategy; 

20 ‘‘(B) critical operational issues to be as21 sessed in addition to the key performance pa22 rameters; 

23 ‘‘(C) specific development test and evalua24 tion phases and the scope of each phase; 
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1 ‘‘(D) modeling and simulation activities to 

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

4 ‘‘(E) early operational assessments to be 

5 performed, if any, and the scope of such assess6 ments; 

7 ‘‘(F) operational test and evaluation phases; 

8 ‘‘(G) an estimate of the resources, including 

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

12 ‘‘(H) the Government entity or independent 

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

15 ‘‘(4) UPDATE.—The Chief Acquisition Officer 

16 must approve an updated master plan whenever there 

17 is a revision to project or program test and evalua18 tion strategy, scope, or phasing. 

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

20 ‘‘(A) proceed beyond that phase of the ac21 quisition process that entails approving the sup22 porting acquisition of a capability or asset before 

23 the master plan is approved by the Chief Acqui24 sition Officer; or 
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1 ‘‘(B) award any production contract for a 

2 capability, asset, or subsystem for which a mas3 ter plan is required under this subsection before 

4 the master plan is approved by the Chief Acqui5 sition Officer. 

6 ‘‘(e) LIFE-CYCLE COST ESTIMATES.— 

7 ‘‘(1) IN GENERAL.—The Commandant shall im8 plement mechanisms to ensure the development and 

9 regular updating of life-cycle cost estimates for each 

10 acquisition with a total acquisition cost that equals 

11 or exceeds $10,000,000 and an expected service life of 

12 10 or more years, and to ensure that these estimates 

13 are considered in decisions to develop or produce new 

14 or enhanced capabilities and assets. 

15 ‘‘(2) TYPES OF ESTIMATES.—In addition to life16 cycle cost estimates that may be developed by acquisi17 tion program offices, the Commandant shall require 

18 that an independent life-cycle cost estimate be devel19 oped for each Level 1 or Level 2 acquisition project 

20 or program. 

21 ‘‘(3) REQUIRED UPDATES.—For each Level 1 or 

22 Level 2 acquisition project or program the Com23 mandant shall require that life-cycle cost estimates 

24 shall be updated before each milestone decision is con-
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1 cluded and the project or program enters a new ac2 quisition phase. 

3 ‘‘§ 573. Preliminary development and demonstration 

4 ‘‘(a) IN GENERAL.—The Commandant shall ensure 

5 that developmental test and evaluation, operational test and 

6 evaluation, life-cycle cost estimates, and the development 

7 and demonstration requirements applied by this chapter to 

8 acquisition projects and programs are met to confirm that 

9 the projects or programs meet the requirements identified 

10 in the mission-analysis and affordability assessment pre11 pared under section 571(a)(2), the operational requirements 

12 developed under section 572(a)(1) and the following devel13 opment and demonstration objectives: 

14 ‘‘(1) To demonstrate that the design, manufac15 turing, and production solution is based upon a sta16 ble, producible, and cost-effective product design. 

17 ‘‘(2) To ensure that the product capabilities meet 

18 contract specifications, acceptable operational per19 formance requirements, and system security require20 ments. 

21 ‘‘(3) To ensure that the product design is mature 

22 enough to commit to full production and deployment. 

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 subsystems of 

3 the capability or asset in accordance with the master 

4 plan prepared for the capability or asset under sec5 tion 572(d)(1). 

6 ‘‘(2) USE OF THIRD PARTIES.—The Com7 mandant shall ensure that the Coast Guard uses inde8 pendent third parties with expertise in testing and 

9 evaluating the capabilities or assets and the sub10 systems of the capabilities or assets being acquired to 

11 conduct developmental tests and evaluations and 

12 operational tests and evaluations whenever the Coast 

13 Guard lacks the capability to conduct the tests and 

14 evaluations required by a master plan. 

15 ‘‘(3) COMMUNICATION OF SAFETY CONCERNS.— 

16 The Commandant shall require that safety concerns 

17 identified during developmental or operational tests 

18 and evaluations or through independent or Govern19 ment-conducted design assessments of capabilities or 

20 assets and subsystems of capabilities or assets to be 

21 acquired by the Coast Guard shall be communicated 

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

23 after the completion of the test or assessment event or 

24 activity that identified the safety concern, to the pro25 gram manager for the capability or asset and the sub-
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1 systems concerned and to the Chief Acquisition Offi2 cer. 

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 days 

8 before the award of any contract or issuance of any 

9 delivery order or task order for low, initial, or full10 rate production of the capability or asset concerned if 

11 they will remain uncorrected or unmitigated at the 

12 time such a contract is awarded or delivery order or 

13 task order is issued. The report shall include a jus14 tification for the approval of that level of production 

15 of the capability or asset before the safety concerns are 

16 corrected or mitigated. The report shall also include 

17 an explanation of the actions that will be taken to 

18 correct or mitigate the safety concerns, the date by 

19 which those actions will be taken, and the adequacy 

20 of current funding to correct or mitigate the safety 

21 concerns. 

22 ‘‘(5) ASSET ALREADY IN LOW, INITIAL, OR FULL23 RATE PRODUCTION.—If operational test and evalua24 tion of 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 subsystems of the 

2 capability or asset not previously identified during 

3 developmental or operational test and evaluation, the 

4 Commandant shall— 

5 ‘‘(A) notify the program manager and the 

6 Chief Acquisition Officer of the safety concern as 

7 soon as practicable, but not later than 30 days 

8 after the completion of the test and evaluation 

9 event or activity that identified the safety con10 cern; and 

11 ‘‘(B) notify the Chief Acquisition Officer 

12 and include in such notification— 

13 ‘‘(i) an explanation of the actions that 

14 will be taken to correct or mitigate the safe15 ty concern in all capabilities or assets and 

16 subsystems of the capabilities or assets yet 

17 to be produced, and the date by which those 

18 actions will be taken; 

19 ‘‘(ii) an explanation of the actions that 

20 will be taken to correct or mitigate the safe21 ty concern in previously produced capabili22 ties or assets and subsystems of the capabili23 ties or assets, and the date by which those 

24 actions will be taken; and 
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1 ‘‘(iii) an assessment of the adequacy of 

2 current funding to correct or mitigate the 

3 safety concern in capabilities or assets and 

4 subsystems of the capabilities or assets and 

5 in previously produced capabilities or assets 

6 and subsystems. 

7 ‘‘(c) TECHNICAL CERTIFICATION.— 

8 ‘‘(1) IN GENERAL.—The Commandant shall en9 sure that any Level 1 or Level 2 acquisition project 

10 or program is certified by the technical authority of 

11 the Coast Guard after review by an independent third 

12 party with capabilities in the mission area, asset, or 

13 particular asset component. 

14 ‘‘(2) TEMPEST TESTING.—The Commandant 

15 shall— 

16 ‘‘(A) cause all electronics on all aircraft, 

17 surface, and shore capabilities and assets that re18 quire TEMPEST certification and that are de19 livered after the date of enactment of the Coast 

20 Guard Authorization Act of 2010 to be tested in 

21 accordance with TEMPEST standards and com22 munications security (comsec) standards by an 

23 independent third party that is authorized by 

24 the Federal Government to perform such testing; 

25 and 
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1 ‘‘(B) certify that the assets meet all applica2 ble TEMPEST requirements. 

3 ‘‘(3) CUTTER CLASSIFICATION.— 

4 ‘‘(A) IN GENERAL.—The Commandant shall 

5 cause each cutter, other than a National Security 

6 Cutter, acquired by the Coast Guard and deliv7 ered after the date of enactment of the Coast 

8 Guard Authorization Act of 2010 to be classed by 

9 the American Bureau of Shipping before final 

10 acceptance. 

11 ‘‘(B) REPORTS.—Not later than December 

12 31, 2011, and biennially thereafter, the Com13 mandant shall provide a report to the Committee 

14 on Transportation and Infrastructure of the 

15 House of Representatives and the Committee on 

16 Commerce, Science, and Transportation of the 

17 Senate identifying which, if any, Coast Guard 

18 cutters that have been issued a certificate of clas19 sification by the American Bureau of Shipping 

20 have not been maintained in class and detailing 

21 the reasons why they have not been maintained 

22 in class. 

23 ‘‘(4) OTHER VESSELS.—The Commandant shall 

24 cause the design and construction of each National 

25 Security Cutter, other than National Security Cutters 
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1 1, 2, and 3, to be assessed by an independent third 

2 party with expertise in vessel design and construction 

3 certification. 

4 ‘‘(5) AIRCRAFT AIRWORTHINESS.—The Com5 mandant shall cause all aircraft and aircraft engines 

6 acquired by the Coast Guard and delivered after the 

7 date of enactment of the Coast Guard Authorization 

8 Act of 2010 to be assessed for airworthiness by an 

9 independent third party with expertise in aircraft 

10 and aircraft engine certification before final accept11 ance. 

12 ‘‘§ 574. Acquisition, production, deployment, and sup13 port 

14 ‘‘(a) IN GENERAL.—The Commandant shall— 

15 ‘‘(1) ensure there is a stable and efficient produc16 tion and support capability to develop an asset or ca17 pability for the Coast Guard; 

18 ‘‘(2) conduct follow-on testing to confirm and 

19 monitor performance and correct deficiencies; and 

20 ‘‘(3) conduct acceptance tests and trials prior to 

21 the delivery of each asset or system to ensure the de22 livered asset or system achieves full operational capa23 bility. 

24 ‘‘(b) ELEMENTS.—The Commandant shall— 

25 ‘‘(1) execute production contracts; 
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1 ‘‘(2) ensure that delivered assets and capabilities 

2 meet operational cost and schedules requirements es3 tablished in the acquisition program baseline; 

4 ‘‘(3) validate manpower and training require5 ments to meet system needs to operate, maintain, sup6 port, and instruct the assets or capabilities; and 

7 ‘‘(4) prepare an acquisition project or program 

8 transition plan to enter into programmatic 

9 sustainment, operations, and support. 

10 ‘‘§ 575. Acquisition program baseline breach 

11 ‘‘(a) IN GENERAL.—The Commandant shall submit a 

12 report to the appropriate congressional committees and the 

13 Committee on Homeland Security of the House of Rep14 resentatives as soon as possible, but not later than 30 days, 

15 after the Chief Acquisition Officer of the Coast Guard be16 comes aware of the breach of an acquisition program base17 line for any Level 1 or Level 2 acquisition program, by— 

18 ‘‘(1) a likely cost overrun greater than 15 per19 cent of the acquisition program baseline for that indi20 vidual capability or asset or a class of capabilities or 

21 assets; 

22 ‘‘(2) a likely delay of more than 180 days in the 

23 delivery schedule for any individual capability or 

24 asset or class of capabilities or assets; or 
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1 ‘‘(3) an anticipated failure for any individual 

2 capability or asset or class of capabilities or assets to 

3 satisfy any key performance threshold or parameter 

4 under the acquisition program baseline. 

5 ‘‘(b) CONTENT.—The report submitted under sub6 section (a) shall include— 

7 ‘‘(1) a detailed description of the breach and an 

8 explanation of its cause; 

9 ‘‘(2) the projected impact to performance, cost, 

10 and schedule; 

11 ‘‘(3) an updated acquisition program baseline 

12 and the complete history of changes to the original ac13 quisition program baseline; 

14 ‘‘(4) the updated acquisition schedule and the 

15 complete history of changes to the original schedule; 

16 ‘‘(5) a full life-cycle cost analysis for the capa17 bility or asset or class of capabilities or assets; 

18 ‘‘(6) a remediation plan identifying corrective 

19 actions and any resulting issues or risks; and 

20 ‘‘(7) a description of how progress in the remedi21 ation plan will be measured and monitored. 

22 ‘‘(c) SUBSTANTIAL VARIANCES IN COSTS OR SCHED23 ULE.—If a likely cost overrun is greater than 20 percent 

24 or a likely delay is greater than 12 months from the costs 

25 and schedule described in the acquisition program baseline 
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1 for any Level 1 or Level 2 acquisition project or program 

2 of the Coast Guard, the Commandant shall include in the 

3 report a written certification, with a supporting expla4 nation, that— 

5 ‘‘(1) the capability or asset or capability or asset 

6 class to be acquired under the project or program is 

7 essential to the accomplishment of Coast Guard mis8 sions; 

9 ‘‘(2) there are no alternatives to such capability 

10 or asset or capability or asset class that will provide 

11 equal or greater capability in both a more cost-effec12 tive and timely manner; 

13 ‘‘(3) the new acquisition schedule and estimates 

14 for total acquisition cost are reasonable; and 

15 ‘‘(4) the management structure for the acquisi16 tion program is adequate to manage and control per17 formance, cost, and schedule. 

18 ‘‘§ 576. Acquisition approval authority 

19 ‘‘Nothing in this subchapter shall be construed as alter20 ing or diminishing in any way the statutory authority and 

21 responsibility of the Secretary of the department in which 

22 the Coast Guard is operating, or the Secretary’s designee, 

23 to— 

24 ‘‘(1) manage and administer department pro25 curements, including procurements by department 
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1 components, as required by section 701 of the Home2 land Security Act of 2002 (6 U.S.C. 341); or 

3 ‘‘(2) manage department acquisition activities 

4 and act as the Acquisition Decision Authority with 

5 regard to the review or approval of a Coast Guard 

6 Level 1 or Level 2 acquisition project or program, as 

7 required by section 16 of the Office of Federal Pro8 curement Policy Act (41 U.S.C. 414) and related im9 plementing regulations and directives. 

10 ‘‘SUBCHAPTER III—DEFINITIONS 

11 ‘‘§ 581. Definitions 

12 ‘‘In this chapter: 

13 ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT14 TEES.—The term ‘appropriate congressional commit15 tees’ means the Committee on Transportation and In16 frastructure of the House of Representatives and the 

17 Committee on Commerce, Science, and Transpor18 tation of the Senate. 

19 ‘‘(2) CHIEF ACQUISITION OFFICER.—The term 

20 ‘Chief Acquisition Officer’ means the officer appointed 

21 under section 56 of this title. 

22 ‘‘(3) COMMANDANT.—The term ‘Commandant’ 

23 means the Commandant of the Coast Guard. 

24 ‘‘(4) LEVEL 1 ACQUISITION.—The term ‘Level 1 

25 acquisition’ means— 
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1 ‘‘(A) an acquisition by the Coast Guard— 

2 ‘‘(i) the estimated life-cycle costs of 

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

4 ‘‘(ii) the estimated total acquisition 

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

6 ‘‘(B) any acquisition that the Chief Acquisi7 tion Officer of the Coast Guard determines to 

8 have a special interest— 

9 ‘‘(i) due to— 

10 ‘‘(I) the experimental or tech11 nically immature nature of the asset; 

12 ‘‘(II) the technological complexity 

13 of the asset; 

14 ‘‘(III) the commitment of re15 sources; or 

16 ‘‘(IV) the nature of the capability 

17 or set of capabilities to be achieved; or 

18 ‘‘(ii) because such acquisition is a joint 

19 acquisition. 

20 ‘‘(5) LEVEL 2 ACQUISITION.—The term ‘Level 2 

21 acquisition’ means an acquisition by the Coast 

22 Guard— 

23 ‘‘(A) the estimated life-cycle costs of which 

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

25 greater than $300,000,000; or 
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1 ‘‘(B) the estimated total acquisition costs of 

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

3 but greater than $100,000,000. 

4 ‘‘(6) LIFE-CYCLE COST.—The term ‘life-cycle 

5 cost’ means all costs for development, procurement, 

6 construction, and operations and support for a par7 ticular capability or asset, without regard to funding 

8 source or management control. 

9 ‘‘(7) PROJECT OR PROGRAM MANAGER DE10 FINED.—The term ‘project or program manager’ 

11 means an individual designated— 

12 ‘‘(A) to develop, produce, and deploy a new 

13 asset to meet identified operational requirements; 

14 and 

15 ‘‘(B) to manage cost, schedule, and perform16 ance of the acquisition, project, or program. 

17 ‘‘(8) SAFETY CONCERN.—The term ‘safety con18 cern’ means any hazard associated with a capability 

19 or asset or a subsystem of a capability or asset that 

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

21 typical Coast Guard user in testing, maintaining, re22 pairing, or operating the capability, asset, or sub23 system or any hazard associated with the capability, 

24 asset, or subsystem that is likely to cause major dam25 age to the capability, asset, or subsystem during the 
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1 course of its normal operation by a typical Coast 

2 Guard user. 

3 ‘‘(9) DEVELOPMENTAL TEST AND EVALUATION.— 

4 The term ‘developmental test and evaluation’ 

5 means— 

6 ‘‘(A) the testing of a capability or asset and 

7 the subsystems of the capability or asset to deter8 mine whether they meet all contractual perform9 ance requirements, including technical perform10 ance requirements, supportability requirements, 

11 and interoperability requirements and related 

12 specifications; and 

13 ‘‘(B) the evaluation of the results of such 

14 testing. 

15 ‘‘(10) OPERATIONAL TEST AND EVALUATION.— 

16 The term ‘operational test and evaluation’ means— 

17 ‘‘(A) the testing of a capability or asset and 

18 the subsystems of the capability or asset, under 

19 conditions similar to those in which the capa20 bility or asset and subsystems will actually be 

21 deployed, for the purpose of determining the ef22 fectiveness and suitability of the capability or 

23 asset and subsystems for use by typical Coast 

24 Guard users to conduct those missions for which 
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1 the capability or asset and subsystems are in2 tended to be used; and 

3 ‘‘(B) the evaluation of the results of such 

4 testing.’’. 

5 (b) CONFORMING AMENDMENT.—The part analysis for 

6 part I of title 14, United States Code, is amended by insert7 ing after the item relating to chapter 13 the following: 

‘‘15. Acquisitions .............................................................................................. 561’’. 

8 SEC. 403. NATIONAL SECURITY CUTTERS. 

9 (a) NATIONAL SECURITY CUTTERS 1 AND 2.—Not later 

10 than 90 days before the Coast Guard awards any contract 

11 or issues any delivery order or task order to strengthen the 

12 hull of either of National Security Cutter 1 or 2 to resolve 

13 the structural design and performance issues identified in 

14 the Department of Homeland Security Inspector General’s 

15 Report OIG–07–23 dated January 2007, the Commandant 

16 shall submit to the appropriate congressional committees all 

17 results of an assessment of the proposed hull strengthening 

18 design conducted by the Coast Guard, including— 

19 (1) a description in detail of the extent to which 

20 the hull strengthening measures to be implemented on 

21 those cutters will enable the cutters to meet contract 

22 and performance requirements; 

23 (2) a cost-benefit analysis of the proposed hull 

24 strengthening measures for National Security Cutters 

25 1 and 2; and 
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1 (3) a description of any operational restrictions 

2 that would have to be applied to either National Se3 curity Cutter 1 or 2 if the proposed hull strengthening 

4 measures were not implemented on either cutter. 

5 (b) APPROPRIATE CONGRESSIONAL COMMITTEES.—In 

6 this section the term ‘‘appropriate congressional commit7 tees’’ means the Committees on Transportation and Infra8 structure and Homeland Security of the House of Rep9 resentatives and the Committee on Commerce, Science, and 

10 Transportation of the Senate. 

11 SEC. 404. ACQUISITION WORKFORCE EXPEDITED HIRING 

12 AUTHORITY. 

13 (a) IN GENERAL.—For purposes of sections 3304, 

14 5333, and 5753 of title 5, United States Code, the Com15 mandant of the Coast Guard may— 

16 (1) designate any category of acquisition posi17 tions within the Coast Guard as shortage category po18 sitions; and 

19 (2) use the authorities in such sections to recruit 

20 and appoint highly qualified persons directly to posi21 tions so designated. 

22 (b) LIMITATION.—The Commandant may not appoint 

23 a person to a position of employment under this paragraph 

24 after September 30, 2012. 
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1 (c) REPORTS.—The Commandant shall include in re2 ports under section 562(d) of title 14, United States Code, 

3 as added by this title, information described in that section 

4 regarding positions designated under this section. 

5 TITLE V—COAST GUARD 

6 MODERNIZATION 

7 SEC. 501. SHORT TITLE. 

8 This title may be cited as the ‘‘Coast Guard Mod9 ernization Act of 2010’’. 

10 Subtitle A—Coast Guard 

11 Leadership 

12 SEC. 511. VICE ADMIRALS. 

13 (a) VICE ADMIRALS.—Section 50 of such title is 

14 amended to read as follows: 

15 ‘‘§ 50. Vice admirals 

16 ‘‘(a)(1) The President may designate no more than 4 

17 positions of importance and responsibility that shall be held 

18 by officers who— 

19 ‘‘(A) while so serving, shall have the grade 

20 of vice admiral, with the pay and allowances of 

21 that grade; and 

22 ‘‘(B) shall perform such duties as the Com23 mandant may prescribe. 

24 ‘‘(2) The President may appoint, by and with the ad25 vice and consent of the Senate, and reappoint, by and with 
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1 the advice and consent of the Senate, to any such position 

2 an officer of the Coast Guard who is serving on active duty 

3 above the grade of captain. The Commandant shall make 

4 recommendations for such appointments. 

5 ‘‘(3) (A) Except as provided in subparagraph (B), one 

6 of the vice admirals designated under paragraph (1) must 

7 have at least 10 years experience in vessel inspection, ma8 rine casualty investigations, mariner licensing, or an 

9 equivalent technical expertise in the design and construc10 tion of commercial vessels, with at least 4 years of leader11 ship experience at a staff or unit carrying out marine safety 

12 functions and shall serve as the principal advisor to the 

13 Commandant on these issues. 

14 ‘‘(B) The requirements of subparagraph (A) do not 

15 apply to such vice admiral if the subordinate officer serving 

16 in the grade of rear admiral with responsibilities for ma17 rine safety, security, and stewrdship possesses that experi18 ence. 

19 ‘‘(b)(1) The appointment and the grade of vice admiral 

20 shall be effective on the date the officer assumes that duty 

21 and, except as provided in paragraph (2) of this subsection 

22 or in section 51(d) of this title, shall terminate on the date 

23 the officer is detached from that duty. 
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1 ‘‘(2) An officer who is appointed to a position des2 ignated under subsection (a) shall continue to hold the 

3 grade of vice admiral— 

4 ‘‘(A) while under orders transferring the officer 

5 to another position designated under subsection (a), 

6 beginning on the date the officer is detached from that 

7 duty and terminating on the date before the day the 

8 officer assumes the subsequent duty, but not for more 

9 than 60 days; 

10 ‘‘(B) while hospitalized, beginning on the day of 

11 the hospitalization and ending on the day the officer 

12 is discharged from the hospital, but not for more than 

13 180 days; and 

14 ‘‘(C) while awaiting retirement, beginning on the 

15 date the officer is detached from duty and ending on 

16 the day before the officer’s retirement, but not for 

17 more than 60 days. 

18 ‘‘(c)(1) An appointment of an officer under subsection 

19 (a) does not vacate the permanent grade held by the officer. 

20 ‘‘(2) An officer serving in a grade above rear admiral 

21 who holds the permanent grade of rear admiral (lower half) 

22 shall be considered for promotion to the permanent grade 

23 of rear admiral as if the officer was serving in the officer’s 

24 permanent grade. 
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1 ‘‘(d) Whenever a vacancy occurs in a position des2 ignated under subsection (a), the Commandant shall inform 

3 the President of the qualifications needed by an officer serv4 ing in that position or office to carry out effectively the 

5 duties and responsibilities of that position or office.’’. 

6 (b) REPEAL.—Section 50a of such title is repealed. 

7 (c) CONFORMING AMENDMENTS.—Section 51 of such 

8 title is amended— 

9 (1) by striking subsections (a), (b), and (c) and 

10 inserting the following: 

11 ‘‘(a) An officer, other than the Commandant, who, 

12 while serving in the grade of vice admiral, is retired for 

13 physical disability shall be placed on the retired list with 

14 the highest grade in which that officer served. 

15 ‘‘(b) An officer, other than the Commandant, who is 

16 retired while serving in the grade of vice admiral, or who, 

after serving at least 21 17 ⁄2 years in the grade of vice admiral, 

18 is retired while serving in a lower grade, may in the discre19 tion of the President, be retired with the highest grade in 

20 which that officer served. 

21 ‘‘(c) An officer, other than the Commandant, who, after 

serving less than 21 22 ⁄2 years in the grade of vice admiral, 

23 is retired while serving in a lower grade, shall be retired 

24 in his permanent grade.’’; and 
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1 (2) by striking ‘‘Area Commander, or Chief of 

2 Staff’’ in subsection (d)(2) and inserting ‘‘or Vice Ad3 miral’’. 

4 (d) CONTINUITY OF GRADE.—Section 52 of title 14, 

5 United States Code, is amended by inserting ‘‘or admiral’’ 

6 after ‘‘vice admiral’’ the first place it appears. 

7 (e) CONTINUATION ON ACTIVE DUTY.—The second sen8 tence of section 290(a) of title 14, United States Code, is 

9 amended to read as follows: ‘‘Officers, other than the Com10 mandant, serving for the time being or who have served in 

11 the grade of vice admiral are not subject to consideration 

12 for continuation under this subsection, and as to all other 

13 provisions of this section shall be considered as having been 

14 continued at the grade of rear admiral.’’. 

15 (f) CLERICAL AMENDMENTS.— 

16 (1) The section caption for section 47 of such 

17 title is amended to read as follows: 

18 ‘‘§ 47. Vice commandant; appointment’’. 

19 (2) The section caption for section 52 of title 14, 

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

21 ‘‘§ 52. Vice admirals and admiral, continuity of 

22 grade’’. 

23 (3) The table of contents for chapter 3 of such 

24 title is amended— 
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1 (A) by striking the item relating to section 

2 47 and inserting the following: 

‘‘47. Vice Commandant; appointment.’’; 

3 (B) by striking the item relating to section 

4 50a; 

5 (C) by striking the item relating to section 

6 50 and inserting the following: 

‘‘50. Vice admirals.’’; and 

7 (D) by striking the item relating to section 

8 52 and inserting the following: 

‘‘52. Vice admirals and admiral, continuity of grade.’’. 

9 (g) TECHNICAL CORRECTION.—Section 47 of such title 

10 is further amended by striking ‘‘subsection’’ in the fifth sen11 tence and inserting ‘‘section’’. 

12 (h) TREATMENT OF INCUMBENTS; TRANSITION.— 

13 (1) Notwithstanding any other provision of law, 

14 an officer who, on the date of enactment of this Act, 

15 is serving as Chief of Staff, Commander, Atlantic 

16 Area, or Commander, Pacific Area— 

17 (A) shall continue to have the grade of vice 

18 admiral with pay and allowance of that grade 

19 until such time that the officer is relieved of his 

20 duties and appointed and confirmed to another 

21 position as a vice admiral or admiral; or 

22 (B) for the purposes of transition, may con23 tinue at the grade of vice admiral with pay and 
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1 allowance of that grade, for not more than 1 

2 year after the date of enactment of this Act, to 

3 perform the duties of the officer’s former position 

4 and any other such duties that the Commandant 

5 prescribes. 

6 Subtitle B—Workforce Expertise 

7 SEC. 521. PREVENTION AND RESPONSE STAFF. 

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

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

10 sections: 

11 ‘‘§ 57. Prevention and response workforces 

12 ‘‘(a) CAREER PATHS.—The Secretary, acting through 

13 the Commandant, shall ensure that appropriate career 

14 paths for civilian and military Coast Guard personnel who 

15 wish to pursue career paths in prevention or response posi16 tions are identified in terms of the education, training, ex17 perience, and assignments necessary for career progression 

18 of civilians and members of the Armed Forces to the most 

19 senior prevention or response positions, as appropriate. The 

20 Secretary shall make available published information on 

21 such career paths. 

22 ‘‘(b) QUALIFICATIONS FOR CERTAIN ASSIGNMENTS.— 

23 An officer, member, or civilian employee of the Coast Guard 

24 assigned as a— 
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1 ‘‘(1) marine inspector shall have the training, 

2 experience, and qualifications equivalent to that re3 quired for a similar position at a classification soci4 ety recognized by the Secretary under section 3316 of 

5 title 46 for the type of vessel, system, or equipment 

6 that is inspected; 

7 ‘‘(2) marine casualty investigator shall have the 

8 training, experience, and qualifications in investiga9 tion, marine casualty reconstruction, evidence collec10 tion and preservation, human factors, and docu11 mentation using best investigation practices by Fed12 eral and non-Federal entities; or 

13 ‘‘(3) marine safety engineer shall have knowl14 edge, skill, and practical experience in— 

15 ‘‘(A) the construction and operation of com16 mercial vessels; 

17 ‘‘(B) judging the character, strength, sta18 bility, and safety qualities of such vessels and 

19 their equipment; or 

20 ‘‘(C) the qualifications and training of ves21 sel personnel. 

22 ‘‘(c) APPRENTICESHIP REQUIREMENT TO QUALIFY

23 FOR CERTAIN CAREERS.—The Commandant may require 

24 an officer, member, or employee of the Coast Guard in 

25 training for a specialized prevention or response career 
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1 path to serve an apprenticeship under the guidance of a 

2 qualified individual. However, an individual in training 

3 to become a marine inspector, marine casualty investigator, 

4 or marine safety engineer shall serve a minimum of one5 year as an apprentice unless the Commandant authorizes 

6 a shorter period for certain qualifications. 

7 ‘‘(d) MANAGEMENT INFORMATION SYSTEM.—The Sec8 retary, acting through the Commandant, shall establish a 

9 management information system for the prevention and re10 sponse workforces that shall provide, at a minimum, the 

11 following standardized information on persons serving in 

12 those workforces: 

13 ‘‘(1) Qualifications, assignment history, and ten14 ure in assignments. 

15 ‘‘(2) Promotion rates for military and civilian 

16 personnel. 

17 ‘‘(e) ASSESSMENT OF ADEQUACY OF MARINE SAFETY

18 WORKFORCE.— 

19 ‘‘(1) REPORT.—The Secretary, acting through 

20 the Commandant, shall report to the Committee on 

21 Transportation and Infrastructure of the House of 

22 Representatives and the Committee on Commerce, 

23 Science, and Transportation of the Senate by Decem24 ber 1 of each year on the adequacy of the current ma-
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1 rine safety workforce to meet that anticipated work2 load. 

3 ‘‘(2) CONTENTS.—The report shall specify the 

4 number of civilian and military Coast Guard per5 sonnel currently assigned to marine safety positions 

6 and shall identify positions that are understaffed to 

7 meet the anticipated marine safety workload. 

8 ‘‘(f) SECTOR CHIEF OF PREVENTION.—There shall be 

9 in each Coast Guard sector a Chief of Prevention who shall 

10 be at least a Lieutenant Commander or civilian employee 

11 within the grade GS–13 of the General Schedule, and who 

12 shall be a— 

13 ‘‘(1) marine inspector, qualified to inspect ves14 sels, vessel systems, and equipment commonly found 

15 in the sector; and 

16 ‘‘(2) qualified marine casualty investigator or 

17 marine safety engineer. 

18 ‘‘(g) SIGNATORIES OF LETTER OF QUALIFICATION FOR

19 CERTAIN PREVENTION PERSONNEL.—Each individual 

20 signing a letter of qualification for marine safety personnel 

21 must hold a letter of qualification for the type being cer22 tified. 

23 ‘‘(h) SECTOR CHIEF OF RESPONSE.—There shall be in 

24 each Coast Guard sector a Chief of Response who shall be 

25 at least a Lieutenant Commander or civilian employee 
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1 within the grade GS–13 of the General Schedule in each 

2 Coast Guard sector. 

3 ‘‘§ 58. Centers of expertise for Coast Guard prevention 

4 and response 

5 ‘‘(a) ESTABLISHMENT.—The Commandant of the 

6 Coast Guard may establish and operate one or more centers 

7 of expertise for prevention and response missions of the 

8 Coast Guard (in this section referred to as a ‘center’). 

9 ‘‘(b) MISSIONS.—Each center shall— 

10 ‘‘(1) promote and facilitate education, training, 

11 and research; 

12 ‘‘(2) develop a repository of information on its 

13 missions and specialties; and 

14 ‘‘(3) perform any other missions as the Com15 mandant may specify. 

16 ‘‘(c) JOINT OPERATION WITH EDUCATIONAL INSTITU17 TION AUTHORIZED.—The Commandant may enter into an 

18 agreement with an appropriate official of an institution of 

19 higher education to— 

20 ‘‘(1) provide for joint operation of a center; and 

21 ‘‘(2) provide necessary administrative services 

22 for a center, including administration and allocation 

23 of funds. 

24 ‘‘(d) ACCEPTANCE OF DONATIONS.— 
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1 ‘‘(1) Except as provided in paragraph (2), the 

2 Commandant may accept, on behalf of a center, dona3 tions to be used to defray the costs of the center or to 

4 enhance the operation of the center. Those donations 

5 may be accepted from any State or local government, 

6 any foreign government, any foundation or other 

7 charitable organization (including any that is orga8 nized or operates under the laws of a foreign coun9 try), or any individual. 

10 ‘‘(2) The Commandant may not accept a dona11 tion under paragraph (1) if the acceptance of the do12 nation would compromise or appear to compromise— 

13 ‘‘(A) the ability of the Coast Guard or the 

14 department in which the Coast Guard is oper15 ating, any employee of the Coast Guard or the 

16 department, or any member of the Armed Forces 

17 to carry out any responsibility or duty in a fair 

18 and objective manner; or 

19 ‘‘(B) the integrity of any program of the 

20 Coast Guard, the department in which the Coast 

21 Guard is operating, or of any person involved in 

22 such a program. 

23 ‘‘(3) The Commandant shall prescribe written 

24 guidance setting forth the criteria to be used in deter25 mining whether or not the acceptance of a donation 
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1 from a foreign source would have a result described 

2 in paragraph (2). 

3 ‘‘§ 59. Marine industry training program 

4 ‘‘(a) IN GENERAL.—The Commandant shall, by policy, 

5 establish a program under which an officer, member, or em6 ployee of the Coast Guard may be assigned to a private 

7 entity to further the institutional interests of the Coast 

8 Guard with regard to marine safety, including for the pur9 pose of providing training to an officer, member, or em10 ployee. Policies to carry out the program— 

11 ‘‘(1) with regard to an employee of the Coast 

12 Guard, shall include provisions, consistent with sec13 tions 3702 through 3704 of title 5, as to matters con14 cerning— 

15 ‘‘(A) the duration and termination of as16 signments; 

17 ‘‘(B) reimbursements; and 

18 ‘‘(C) status, entitlements, benefits, and obli19 gations of program participants; and 

20 ‘‘(2) shall require the Commandant, before ap21 proving the assignment of an officer, member, or em22 ployee of the Coast Guard to a private entity, to de23 termine that the assignment is an effective use of the 

24 Coast Guard’s funds, taking into account the best in25 terests of the Coast Guard and the costs and benefits 
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1 of alternative methods of achieving the same results 

2 and objectives. 

3 ‘‘(b) ANNUAL REPORT.—Not later than the date of the 

4 submission each year of the President’s budget request under 

5 section 1105 of title 31, the Commandant shall submit to 

6 the Committee on Transportation and Infrastructure of the 

7 House of Representatives and the Committee on Commerce, 

8 Science, and Transportation of the Senate a report that de9 scribes— 

10 ‘‘(1) the number of officers, members, and em11 ployees of the Coast Guard assigned to private entities 

12 under this section; and 

13 ‘‘(2) the specific benefit that accrues to the Coast 

14 Guard for each assignment.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections at 

16 the beginning of such chapter is further amended by adding 

17 at the end the following new items: 

‘‘57. Prevention and response workforces. 

‘‘58. Centers of expertise for Coast Guard prevention and response. 

‘‘59. Marine industry training programs.’’. 

18 SEC. 522. MARINE SAFETY MISSION PRIORITIES AND LONG19 TERM GOALS. 

20 (a) IN GENERAL.—Chapter 21 of title 46, United 

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

22 new section: 
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1 ‘‘§ 2116. Marine safety strategy, goals, and perform2 ance assessments 

3 ‘‘(a) LONG-TERM STRATEGY AND GOALS.—In conjunc4 tion with existing federally required strategic planning ef5 forts, the Secretary shall develop a long-term strategy for 

6 improving vessel safety and the safety of individuals on ves7 sels. The strategy shall include the issuance each year of 

8 an annual plan and schedule for achieving the following 

9 goals: 

10 ‘‘(1) Reducing the number and rates of marine 

11 casualties. 

12 ‘‘(2) Improving the consistency and effectiveness 

13 of vessel and operator enforcement and compliance 

14 programs. 

15 ‘‘(3) Identifying and targeting enforcement ef16 forts at high-risk vessels and operators. 

17 ‘‘(4) Improving research efforts to enhance and 

18 promote vessel and operator safety and performance. 

19 ‘‘(b) CONTENTS OF STRATEGY AND ANNUAL PLANS.— 

20 ‘‘(1) MEASURABLE GOALS.—The strategy and 

21 annual plans shall include specific numeric or meas22 urable goals designed to achieve the goals set forth in 

23 subsection (a). The purposes of the numeric or meas24 urable goals are the following: 

25 ‘‘(A) To increase the number of safety ex26 aminations on all high-risk vessels. 
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1 ‘‘(B) To eliminate the backlog of marine 

2 safety-related rulemakings. 

3 ‘‘(C) To improve the quality and effective4 ness of marine safety information databases by 

5 ensuring that all Coast Guard personnel accu6 rately and effectively report all safety, casualty, 

7 and injury information. 

8 ‘‘(D) To provide for a sufficient number of 

9 Coast Guard marine safety personnel, and pro10 vide adequate facilities and equipment to carry 

11 out the functions referred to in section 93(c). 

12 ‘‘(2) RESOURCE NEEDS.—The strategy and an13 nual plans shall include estimates of— 

14 ‘‘(A) the funds and staff resources needed to 

15 accomplish each activity included in the strategy 

16 and plans; and 

17 ‘‘(B) the staff skills and training needed for 

18 timely and effective accomplishment of each goal. 

19 ‘‘(c) SUBMISSION WITH THE PRESIDENT’S BUDGET.— 

20 Beginning with fiscal year 2011 and each fiscal year there21 after, the Secretary shall submit to Congress the strategy 

22 and annual plan not later than 60 days following the trans23 mission of the President’s budget submission under section 

24 1105 of title 31. 

25 ‘‘(d) ACHIEVEMENT OF GOALS.— 
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1 ‘‘(1) PROGRESS ASSESSMENT.—No less fre2 quently than semiannually, the Coast Guard Com3 mandant shall assess the progress of the Coast Guard 

4 toward achieving the goals set forth in subsection (b). 

5 The Commandant shall convey the Commandant’s as6 sessment to the employees of the marine safety work7 force and shall identify any deficiencies that should 

8 be remedied before the next progress assessment. 

9 ‘‘(2) REPORT TO CONGRESS.—The Secretary 

10 shall report annually to the Committee on Transpor11 tation and Infrastructure of the House of Representa12 tives and the Committee on Commerce, Science, and 

13 Transportation of the Senate— 

14 ‘‘(A) on the performance of the marine safe15 ty program in achieving the goals of the marine 

16 safety strategy and annual plan under sub17 section (a) for the year covered by the report; 

18 ‘‘(B) on the program’s mission performance 

19 in achieving numerical measurable goals estab20 lished under subsection (b); and 

21 ‘‘(C) recommendations on how to improve 

22 performance of the program.’’. 

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

24 chapter is amended by adding at the end the following new 

25 item: 

‘‘2116. Marine safety strategy, goals, and performance assessments.’’. 
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1 (c) CERTIFICATES OF INSPECTION.—Section 3309 of 

2 title 46, United States Code, is amended by adding at the 

3 end the following: 

4 ‘‘(d) A certificate of inspection issued under this sec5 tion shall be signed by the senior Coast Guard member or 

6 civilian employee who inspected the vessel, in addition to 

7 the officer in charge of marine inspection.’’. 

8 SEC. 523. POWERS AND DUTIES. 

9 Section 93 of title 14, United States Code, is amended 

10 by adding at the end the following new subsections: 

11 ‘‘(c) MARINE SAFETY RESPONSIBILITIES.—In exer12 cising the Commandant’s duties and responsibilities with 

13 regard to marine safety, the individual with the highest 

14 rank who meets the experience qualifications set forth in 

15 section 50(a)(3) shall serve as the principal advisor to the 

16 Commandant regarding— 

17 ‘‘(1) the operation, regulation, inspection, identi18 fication, manning, and measurement of vessels, in19 cluding plan approval and the application of load 

20 lines; 

21 ‘‘(2) approval of materials, equipment, appli22 ances, and associated equipment; 

23 ‘‘(3) the reporting and investigation of marine 

24 casualties and accidents; 
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1 ‘‘(4) the licensing, certification, documentation, 

2 protection and relief of merchant seamen; 

3 ‘‘(5) suspension and revocation of licenses and 

4 certificates; 

5 ‘‘(6) enforcement of manning requirements, citi6 zenship requirements, control of log books; 

7 ‘‘(7) documentation and numbering of vessels; 

8 ‘‘(8) State boating safety programs; 

9 ‘‘(9) commercial instruments and maritime 

10 liens; 

11 ‘‘(10) the administration of bridge safety; 

12 ‘‘(11) administration of the navigation rules; 

13 ‘‘(12) the prevention of pollution from vessels; 

14 ‘‘(13) ports and waterways safety; 

15 ‘‘(14) waterways management; including regula16 tion for regattas and marine parades; 

17 ‘‘(15) aids to navigation; and 

18 ‘‘(16) other duties and powers of the Secretary 

19 related to marine safety and stewardship. 

20 ‘‘(d) OTHER AUTHORITY NOT AFFECTED.—Nothing in 

21 subsection (c) affects— 

22 ‘‘(1) the authority of Coast Guard officers and 

23 members to enforce marine safety regulations using 

24 authority under section 89 of this title; or 
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1 ‘‘(2) the exercise of authority under section 91 of 

2 this title and the provisions of law codified at sections 

3 191 through 195 of title 50 on the date of enactment 

4 of this paragraph.’’. 

5 SEC. 524. APPEALS AND WAIVERS. 

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

7 Code, is further amended by inserting at the end the fol8 lowing new section: 

9 ‘‘§ 102. Appeals and waivers 

10 ‘‘Except for the Commandant of the Coast Guard, any 

11 individual adjudicating an appeal or waiver of a decision 

12 regarding marine safety, including inspection or manning 

13 and threats to the environment, shall— 

14 ‘‘(1) be a qualified specialist with the training, 

15 experience, and qualifications in marine safety to ef16 fectively judge the facts and circumstances involved in 

17 the appeal and make a judgment regarding the merits 

18 of the appeal; or 

19 ‘‘(2) have a senior staff member who— 

20 ‘‘(A) meets the requirements of paragraph 

21 (1); 

22 ‘‘(B) actively advises the individual adjudi23 cating the appeal; and 

24 ‘‘(C) concurs in writing on the decision on 

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

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

‘‘102. Appeals and waivers.’’. 

4 SEC. 525. COAST GUARD ACADEMY. 

5 (a) IN GENERAL.—Chapter 9 of title 14, United States 

6 Code, is further amended by adding at the end the following 

7 new section: 

8 ‘‘§ 200. Marine safety curriculum 

9 ‘‘The Commandant of the Coast Guard shall ensure 

10 that professional courses of study in marine safety are pro11 vided at the Coast Guard Academy, and during other officer 

12 accession programs, to give Coast Guard cadets and other 

13 officer candidates a background and understanding of the 

14 marine safety program. These courses may include such 

15 topics as program history, vessel design and construction, 

16 vessel inspection, casualty investigation, and administra17 tive law and regulations.’’. 

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

19 chapter is further amended by adding at the end the fol20 lowing new item: 

‘‘200. Marine safety curriculum.’’. 

21 SEC. 526. REPORT REGARDING CIVILIAN MARINE INSPEC22 TORS. 

23 Not later than 1 year after the date of enactment of 

24 this Act, the Commandant of the Coast Guard shall submit 
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1 to the Committee on Transportation and Infrastructure of 

2 the House of Representatives and the Committee on Com3 merce, Science, and Transportation of the Senate a report 

4 on Coast Guard’s efforts to recruit and retain civilian ma5 rine inspectors and investigators and the impact of such 

6 recruitment and retention efforts on Coast Guard organiza7 tional performance. 

8 TITLE VI—MARINE SAFETY 

9 SEC. 601. SHORT TITLE. 

10 This title may be cited as the ‘‘Maritime Safety Act 

11 of 2010’’. 

12 SEC. 602. VESSEL SIZE LIMITS. 

13 (a) LENGTH, TONNAGE, AND HORSEPOWER.—Section 

14 12113(d)(2) of title 46, United States Code, is amended— 

15 (1) by inserting ‘‘and’’ after the semicolon at the 

16 end of subparagraph (A)(i); 

17 (2) by striking ‘‘and’’ at the end of subpara18 graph (A)(ii); 

19 (3) by striking subparagraph (A)(iii); 

20 (4) by striking the period at the end of subpara21 graph (B) and inserting a semicolon; and 

22 (5) by inserting at the end the following: 

23 ‘‘(C) the vessel is either a rebuilt vessel or 

24 a replacement vessel under section 208(g) of the 

25 American Fisheries Act (title II of division C of 
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1 Public Law 105–277; 112 Stat. 2681–627) and 

2 is eligible for a fishery endorsement under this 

3 section; or 

4 ‘‘(D) the vessel is a fish tender vessel that 

5 is not engaged in the harvesting or processing of 

6 fish.’’. 

7 (b) CONFORMING AMENDMENTS.— 

8 (1) VESSEL REBUILDING AND REPLACEMENT.— 

9 Section 208(g) of the American Fisheries Act (title II 

10 of division C of Public Law 105–277; 112 Stat. 2681– 

11 627) is amended to read as follows: 

12 ‘‘(g) VESSEL REBUILDING AND REPLACEMENT.— 

13 ‘‘(1) IN GENERAL.— 

14 ‘‘(A) REBUILD OR REPLACE.—Notwith15 standing any limitation to the contrary on re16 placing, rebuilding, or lengthening vessels or 

17 transferring permits or licenses to a replacement 

18 vessel contained in sections 679.2 and 679.4 of 

19 title 50, Code of Federal Regulations, as in effect 

20 on the date of enactment of the Coast Guard Au21 thorization Act of 2010 and except as provided 

22 in paragraph (4), the owner of a vessel eligible 

23 under subsection (a), (b), (c), (d), or (e), in order 

24 to improve vessel safety and operational effi25 ciencies (including fuel efficiency), may rebuild 
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1 or replace that vessel (including fuel efficiency) 

2 with a vessel documented with a fishery endorse3 ment under section 12113 of title 46, United 

4 States Code. 

5 ‘‘(B) SAME REQUIREMENTS.—The rebuilt or 

6 replacement vessel shall be eligible in the same 

7 manner and subject to the same restrictions and 

8 limitations under such subsection as the vessel 

9 being rebuilt or replaced. 

10 ‘‘(C) TRANSFER OF PERMITS AND LI11 CENSES.—Each fishing permit and license held 

12 by the owner of a vessel or vessels to be rebuilt 

13 or replaced under subparagraph (A) shall be 

14 transferred to the rebuilt or replacement vessel or 

15 its owner, as necessary to permit such rebuilt or 

16 replacement vessel to operate in the same man17 ner as the vessel prior to the rebuilding or the 

18 vessel it replaced, respectively. 

19 ‘‘(2) RECOMMENDATIONS OF NORTH PACIFIC

20 FISHERY MANAGEMENT COUNCIL.—The North Pacific 

21 Fishery Management Council may recommend for ap22 proval by the Secretary such conservation and man23 agement measures, including size limits and measures 

24 to control fishing capacity, in accordance with the 

25 Magnuson-Stevens Act as it considers necessary to en-
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1 sure that this subsection does not diminish the effec2 tiveness of fishery management plans of the Bering 

3 Sea and Aleutian Islands Management Area or the 

4 Gulf of Alaska. 

5 ‘‘(3) SPECIAL RULE FOR REPLACEMENT OF CER6 TAIN VESSELS.— 

7 ‘‘(A) IN GENERAL.—Notwithstanding the re8 quirements of subsections (b)(2), (c)(1), and 

9 (c)(2) of section 12113 of title 46, United States 

10 Code, a vessel that is eligible under subsection 

11 (a), (b), (c), or (e) and that qualifies to be docu12 mented with a fishery endorsement pursuant to 

13 section 213(g) may be replaced with a replace14 ment vessel under paragraph (1) if the vessel 

15 that is replaced is validly documented with a 

16 fishery endorsement pursuant to section 213(g) 

17 before the replacement vessel is documented with 

18 a fishery endorsement under section 12113 of 

19 title 46, United States Code. 

20 ‘‘(B) APPLICABILITY.—A replacement vessel 

21 under subparagraph (A) and its owner and 

22 mortgagee are subject to the same limitations 

23 under section 213(g) that are applicable to the 

24 vessel that has been replaced and its owner and 

25 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 vessel 

13 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 its 

19 registered length, gross tonnage, or shaft 

20 horsepower. 

21 ‘‘(5) LIMITATION ON FISHERY ENDORSEMENTS.— 

22 Any vessel that is replaced under this subsection shall 

23 thereafter not be eligible for a fishery endorsement 

24 under section 12113 of title 46, United States Code, 
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1 unless that vessel is also a replacement vessel de2 scribed 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 Fed11 eral Regulations, as in effect on the date of enactment 

12 of the Coast Guard Authorization Act of 2010. 

13 ‘‘(7) AUTHORITY OF PACIFIC COUNCIL.—Nothing 

14 in this section shall be construed to diminish or other15 wise affect the authority of the Pacific Council to rec16 ommend to the Secretary conservation and manage17 ment measures to protect fisheries under its jurisdic18 tion (including the Pacific whiting fishery) and par19 ticipants in such fisheries from adverse impacts 

20 caused by this Act.’’. 

21 (2) REPEAL OF EXEMPTION OF CERTAIN VES22 SELS.—Section 203(g) of the American Fisheries Act 

23 (title II of division C of Public Law 105–277; 112 

24 Stat. 2681–620) is repealed. 
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1 (3) FISHERY COOPERATIVE EXIT PROVISIONS.— 

2 Section 210(b) of the American Fisheries Act (title II 

3 of division C of Public Law 105–277; 112 Stat. 2681– 

4 629) is amended— 

5 (A) by moving the matter beginning with 

6 ‘‘the Secretary shall’’ in paragraph (1) 2 ems to 

7 the right; and 

8 (B) by adding at the end the following: 

9 ‘‘(7) FISHERY COOPERATIVE EXIT PROVISIONS.— 

10 ‘‘(A) FISHING ALLOWANCE DETERMINA11 TION.—For purposes of determining the aggre12 gate percentage of directed fishing allowances 

13 under paragraph (1), when a catcher vessel is re14 moved from the directed pollock fishery, the fish15 ery allowance for pollock for the vessel being re16 moved— 

17 ‘‘(i) shall be based on the catch history 

18 determination for the vessel made pursuant 

19 to section 679.62 of title 50, Code of Federal 

20 Regulations, as in effect on the date of en21 actment of the Coast Guard Authorization 

22 Act of 2010; and 

23 ‘‘(ii) shall be assigned, for all purposes 

24 under this title, in the manner specified by 

25 the owner of the vessel being removed to any 
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1 other catcher vessel or among other catcher 

2 vessels participating in the fishery coopera3 tive if such vessel or vessels remain in the 

4 fishery cooperative for at least one year 

5 after the date on which the vessel being re6 moved leaves the directed pollock fishery. 

7 ‘‘(B) ELIGIBILITY FOR FISHERY ENDORSE8 MENT.—Except as provided in subparagraph 

9 (C), a vessel that is removed pursuant to this 

10 paragraph shall be permanently ineligible for a 

11 fishery endorsement, and any claim (including 

12 relating to catch history) associated with such 

13 vessel that could qualify any owner of such vessel 

14 for any permit to participate in any fishery 

15 within the exclusive economic zone of the United 

16 States shall be extinguished, unless such removed 

17 vessel is thereafter designated to replace a vessel 

18 to be removed pursuant to this paragraph. 

19 ‘‘(C) LIMITATIONS ON STATUTORY CON20 STRUCTION.—Nothing in this paragraph shall be 

21 construed— 

22 ‘‘(i) to make the vessels AJ (United 

23 States official number 905625), DONA 

24 MARTITA (United States official number 

25 651751), NORDIC EXPLORER (United 
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1 States official number 678234), and 

2 PROVIDIAN (United States official num3 ber 1062183) ineligible for a fishery en4 dorsement or any permit necessary to par5 ticipate in any fishery under the authority 

6 of the New England Fishery Management 

7 Council or the Mid-Atlantic Fishery Man8 agement Council established, respectively, 

9 under subparagraphs (A) and (B) of section 

10 302(a)(1) of the Magnuson-Stevens Act; or 

11 ‘‘(ii) to allow the vessels referred to in 

12 clause (i) to participate in any fishery 

13 under the authority of the Councils referred 

14 to in clause (i) in any manner that is not 

15 consistent with the fishery management 

16 plan for the fishery developed by the Coun17 cils under section 303 of the Magnuson-Ste18 vens Act.’’. 

19 SEC. 603. COLD WEATHER SURVIVAL TRAINING. 

20 The Commandant of the Coast Guard shall report to 

21 the Committee on Transportation and Infrastructure of the 

22 House of Representatives and the Committee on Commerce, 

23 Science, and Transportation of the Senate on the efficacy 

24 of cold weather survival training conducted by the Coast 

25 Guard over the preceding 5 years. The report shall include 
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1 plans for conducting such training in fiscal years 2010 

2 through 2013. 

3 SEC. 604. FISHING VESSEL SAFETY. 

4 (a) SAFETY STANDARDS.—Section 4502 of title 46, 

5 United States Code, is amended— 

6 (1) in subsection (a), by— 

7 (A) striking paragraphs (6) and (7) and in8 serting the following: 

9 ‘‘(6) other equipment required to minimize the 

10 risk of injury to the crew during vessel operations, if 

11 the Secretary determines that a risk of serious injury 

12 exists that can be eliminated or mitigated by that 

13 equipment; and’’; and 

14 (B) redesignating paragraph (8) as para15 graph (7); 

16 (2) in subsection (b)— 

17 (A) in paragraph (1) in the matter pre18 ceding subparagraph (A), by striking ‘‘docu19 mented’’; 

20 (B) in paragraph (1)(A), by striking ‘‘the 

21 Boundary Line’’ and inserting ‘‘3 nautical miles 

22 from the baseline from which the territorial sea 

23 of the United States is measured or beyond 3 

24 nautical miles from the coastline of the Great 

25 Lakes’’; 
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1 (C) in paragraph (2)(B), by striking ‘‘life2 boats or liferafts’’ and inserting ‘‘a survival craft 

3 that ensures that no part of an individual is im4 mersed in water’’; 

5 (D) in paragraph (2)(D), by inserting ‘‘ma6 rine’’ before ‘‘radio’’; 

7 (E) in paragraph (2)(E), by striking 

8 ‘‘radar reflectors, nautical charts, and anchors’’ 

9 and inserting ‘‘nautical charts, and publica10 tions’’; 

11 (F) in paragraph (2)(F), by striking ‘‘, in12 cluding medicine chests’’ and inserting ‘‘and 

13 medical supplies sufficient for the size and area 

14 of operation of the vessel’’; and 

15 (G) by amending paragraph (2)(G) to read 

16 as follows: 

17 ‘‘(G) ground tackle sufficient for the vessel.’’; 

18 (3) by amending subsection (f) to read as follows: 

19 ‘‘(f) To ensure compliance with the requirements of 

20 this chapter, the Secretary— 

21 ‘‘(1) shall require the individual in charge of a 

22 vessel described in subsection (b) to keep a record of 

23 equipment maintenance, and required instruction 

24 and drills; and 
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1 ‘‘(2) shall examine at dockside a vessel described 

2 in subsection (b) at least once every 2 years, and shall 

3 issue a certificate of compliance to a vessel meeting 

4 the requirements of this chapter.’’; and 

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

6 ‘‘(g)(1) The individual in charge of a vessel described 

7 in subsection (b) must pass a training program approved 

8 by the Secretary that meets the requirements in paragraph 

9 (2) of this subsection and hold a valid certificate issued 

10 under that program. 

11 ‘‘(2) The training program shall— 

12 ‘‘(A) be based on professional knowledge and skill 

13 obtained through sea service and hands-on training, 

14 including training in seamanship, stability, collision 

15 prevention, navigation, fire fighting and prevention, 

16 damage control, personal survival, emergency medical 

17 care, emergency drills, and weather; 

18 ‘‘(B) require an individual to demonstrate abil19 ity to communicate in an emergency situation and 

20 understand information found in navigation publica21 tions; 

22 ‘‘(C) recognize and give credit for recent past ex23 perience in fishing vessel operation; and 
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1 ‘‘(D) provide for issuance of a certificate to an 

2 individual that has successfully completed the pro3 gram. 

4 ‘‘(3) The Secretary shall prescribe regulations imple5 menting this subsection. The regulations shall require that 

6 individuals who are issued a certificate under paragraph 

7 (2)(D) must complete refresher training at least once every 

8 5 years as a condition of maintaining the validity of the 

9 certificate. 

10 ‘‘(4) The Secretary shall establish a publicly accessible 

11 electronic database listing the names of individuals who 

12 have participated in and received a certificate confirming 

13 successful completion of a training program approved by 

14 the Secretary under this section. 

15 ‘‘(h) A vessel to which this chapter applies shall be con16 structed in a manner that provides a level of safety equiva17 lent to the minimum safety standards the Secretary may 

18 establish for recreational vessels under section 4302, if— 

19 ‘‘(1) subsection (b) of this section applies to the 

20 vessel; 

21 ‘‘(2) the vessel is less than 50 feet overall in 

22 length; and 

23 ‘‘(3) the vessel is built after January 1, 2010. 

24 ‘‘(i)(1) The Secretary shall establish a Fishing Safety 

25 Training Grants Program to provide funding to munici-
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1 palities, port authorities, other appropriate public entities, 

2 not-for-profit organizations, and other qualified persons 

3 that provide commercial fishing safety training— 

4 ‘‘(A) to conduct fishing vessel safety training for 

5 vessel operators and crewmembers that— 

6 ‘‘(i) in the case of vessel operators, meets the 

7 requirements of subsection (g); and 

8 ‘‘(ii) in the case of crewmembers, meets the 

9 requirements of subsection (g)(2)(A), such re10 quirements of subsection (g)(2)(B) as are appro11 priate for crewmembers, and the requirements of 

12 subsections (g)(2)(D), (g)(3), and (g)(4); and 

13 ‘‘(B) for purchase of safety equipment and train14 ing aids for use in those fishing vessel safety training 

15 programs. 

16 ‘‘(2) The Secretary shall award grants under this sub17 section on a competitive basis. 

18 ‘‘(3) The Federal share of the cost of any activity car19 ried out with a grant under this subsection shall not exceed 

20 75 percent. 

21 ‘‘(4) There is authorized to be appropriated $3,000,000 

22 for each of fiscal years 2010 through 2014 for grants under 

23 this subsection. 

24 ‘‘(j)(1) The Secretary shall establish a Fishing Safety 

25 Research Grant Program to provide funding to individuals 
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1 in academia, members of non-profit organizations and busi2 nesses involved in fishing and maritime matters, and other 

3 persons with expertise in fishing safety, to conduct research 

4 on methods of improving the safety of the commercial fish5 ing industry, including vessel design, emergency and sur6 vival equipment, enhancement of vessel monitoring systems, 

7 communications devices, de-icing technology, and severe 

8 weather detection. 

9 ‘‘(2) The Secretary shall award grants under this sub10 section on a competitive basis. 

11 ‘‘(3) The Federal share of the cost of any activity car12 ried out with a grant under this subsection shall not exceed 

13 75 percent. 

14 ‘‘(4) There is authorized to be appropriated $3,000,000 

15 for each fiscal years 2010 through 2014 for activities under 

16 this subsection.’’. 

17 (b) CONFORMING AMENDMENT.—Section 4506(b) of 

18 title 46, United States Code, is repealed. 

19 (c) ADVISORY COMMITTEE.— 

20 (1) CHANGE OF NAME.—Section 4508 of title 46, 

21 United States Code, is amended— 

22 (A) by striking the section heading and in23 serting the following: 
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1 ‘‘§ 4508. Commercial Fishing Safety Advisory Com2 mittee’’; 

3 and 

4 (B) in subsection (a) by striking ‘‘Industry 

5 Vessel’’. 

6 (2) MEMBERSHIP REQUIREMENTS.—Section 

7 4508(b)(1) of that title is amended— 

8 (A) by striking ‘‘seventeen’’ and inserting 

9 ‘‘eighteen’’; 

10 (B) in subparagraph (A)— 

11 (i) in the matter preceding clause (i), 

12 by striking ‘‘from the commercial fishing 

13 industry who—’’ and inserting ‘‘who shall 

14 represent the commercial fishing industry 

15 and who—’’; and 

16 (ii) in clause (ii), by striking ‘‘an 

17 uninspected’’ and inserting ‘‘a’’; 

18 (C) by striking subparagraph (B) and in19 serting the following: 

20 ‘‘(B) three members who shall represent the gen21 eral public, including, whenever possible— 

22 ‘‘(i) an independent expert or consultant in 

23 maritime safety; 

24 ‘‘(ii) a marine surveyor who provides serv25 ices to vessels to which this chapter applies; and 
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1 ‘‘(iii) a person familiar with issues affect2 ing fishing communities and families of fisher3 men;’’; and 

4 (D) in subparagraph (C)— 

5 (i) in the matter preceding clause (i), 

6 by striking ‘‘representing each of—’’ 

7 and inserting ‘‘each of whom shall rep8 resent—’’; 

9 (ii) in clause (i), by striking ‘‘or ma10 rine surveyors;’’ and inserting ‘‘and marine 

11 engineers;’’; 

12 (iii) in clause (iii), by striking ‘‘and’’ 

13 after the semicolon at the end; 

14 (iv) in clause (iv), by striking the pe15 riod at the end and inserting ‘‘; and’’; and 

16 (v) by adding at the end the following 

17 new clause: 

18 ‘‘(v) owners of vessels to which this chapter 

19 applies.’’. 

20 (3) TERMINATION.—Section 4508(e)(1) of that 

21 title is amended by striking ‘‘September 30, 2010.’’ 

22 and inserting ‘‘September 30, 2020.’’. 

23 (4) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of chapter 45 of title 46, 
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1 United States Code, is amended by striking the item 

2 relating to such section and inserting the following: 

‘‘4508. Commercial Fishing Safety Advisory Committee.’’. 

3 (d) LOADLINES FOR VESSELS 79 FEET OR GREATER

4 IN LENGTH.— 

5 (1) LIMITATION ON EXEMPTION FOR FISHING

6 VESSELS.—Section 5102(b)(3) of title 46, United 

7 States Code, is amended by inserting after ‘‘vessel’’ 

8 the following ‘‘, unless the vessel is built after July 1, 

9 2012’’. 

10 (2) ALTERNATE PROGRAM FOR CERTAIN FISHING

11 VESSELS.—Section 5103 of title 46, United States 

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

13 ‘‘(c) A fishing vessel built on or before July 1, 2012, 

14 that undergoes a substantial change to the dimension of or 

15 type of the vessel completed after the later of July 1, 2012, 

16 or the date the Secretary establishes standards for an alter17 nate loadline compliance program, shall comply with such 

18 an alternative loadline compliance program that is devel19 oped in cooperation with the commercial fishing industry 

20 and prescribed by the Secretary.’’. 

21 (e) CLASSING OF VESSELS.— 

22 (1) IN GENERAL.—Section 4503 of title 46, 

23 United States Code, is amended— 

24 (A) by striking the section heading and in25 serting the following: 
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1 ‘‘§ 4503. Fishing, fish tender, and fish processing ves2 sel certification’’; 

3 (B) in subsection (a) by striking ‘‘fish proc4 essing’’; and 

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

6 ‘‘(c) This section applies to a vessel to which section 

7 4502(b) of this title applies that is at least 50 feet overall 

8 in length and is built after July 1, 2012. 

9 ‘‘(d)(1) After January 1, 2020, a fishing vessel, fish 

10 processing vessel, or fish tender vessel to which section 

11 4502(b) of this title applies shall comply with an alternate 

12 safety compliance program that is developed in cooperation 

13 with the commercial fishing industry and prescribed by the 

14 Secretary, if the vessel— 

15 ‘‘(A) is at least 50 feet overall in length; 

16 ‘‘(B) is built before July 1, 2012; and 

17 ‘‘(C) is 25 years of age or older. 

18 ‘‘(2) A fishing vessel, fish processing vessel, or fish ten19 der vessel built before July 1, 2012, that undergoes a sub20 stantial change to the dimension of or type of vessel com21 pleted after the later of July 1, 2012, or the date the Sec22 retary establishes standards for an alternate safety compli23 ance program, shall comply with such an alternative safety 

24 compliance program that is developed in cooperation with 

25 the commercial fishing industry and prescribed by the Sec26 retary. 
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1 ‘‘(3) Alternative safety compliance programs may be 

2 developed for purposes of paragraph (1) for specific regions 

3 and fisheries. 

4 ‘‘(4) Notwithstanding paragraph (1), vessels owned by 

5 a person that owns more than 30 vessels subject to that 

6 paragraph are not required to meet the alternate safety 

7 compliance requirements of that paragraph until January 

8 1, 2030, if that owner enters into a compliance agreement 

9 with the Secretary that provides for a fixed schedule for all 

10 of the vessels owned by that person to meet requirements 

11 of that paragraph by that date and the vessel owner is meet12 ing that schedule. 

13 ‘‘(5) A fishing vessel, fish processing vessel, or fish ten14 der vessel to which section 4502(b) of this title applies that 

15 was classed before July 1, 2012, shall— 

16 ‘‘(A) remain subject to the requirements of a 

17 classification society approved by the Secretary; and 

18 ‘‘(B) have on board a certificate from that soci19 ety.’’. 

20 (2) CLERICAL AMENDMENT.—The table of sec21 tions at the beginning of chapter 45 of title 46, 

22 United States Code, is amended by striking the item 

23 relating to such section and inserting the following: 

‘‘4503. Fishing, fish tender, and fish processing vessel certification.’’. 

24 (f) ALTERNATIVE SAFETY COMPLIANCE PROGRAM.— 

25 No later than January 1, 2017, the Secretary of the depart-
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1 ment in which the Coast Guard is operating shall prescribe 

2 an alternative safety compliance program referred to in sec3 tion 4503(d)(1) of the title 46, United States Code, as 

4 amended by this section. 

5 SEC. 605. MARINER RECORDS. 

6 Section 7502 of title 46, United States Code, is amend7 ed— 

8 (1) by inserting ‘‘(a)’’ before ‘‘The’’; 

9 (2) by striking ‘‘computerized records’’ and in10 serting ‘‘records, including electronic records,’’; and 

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

12 ‘‘(b) The Secretary may prescribe regulations requir13 ing a vessel owner or managing operator of a commercial 

14 vessel, or the employer of a seaman on that vessel, to main15 tain records of each individual engaged on the vessel subject 

16 to inspection under chapter 33 on matters of engagement, 

17 discharge, and service for not less than 5 years after the 

18 date of the completion of the service of that individual on 

19 the vessel. The regulations may require that a vessel owner, 

20 managing operator, or employer shall make these records 

21 available to the individual and the Coast Guard on request. 

22 ‘‘(c) A person violating this section, or a regulation 

23 prescribed under this section, is liable to the United States 

24 Government for a civil penalty of not more than $5,000.’’. 
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1 SEC. 606. DELETION OF EXEMPTION OF LICENSE REQUIRE2 MENT FOR OPERATORS OF CERTAIN TOWING 

3 VESSELS. 

4 Section 8905 of title 46, United States Code, is amend5 ed— 

6 (1) by striking subsection (b); and 

7 (2) by redesignating subsection (c) as subsection 

8 (b). 

9 SEC. 607. LOG BOOKS. 

10 (a) IN GENERAL.—Chapter 113 of title 46, United 

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

12 ‘‘§ 11304. Additional logbook and entry requirements 

13 ‘‘(a) A vessel of the United States that is subject to 

14 inspection under section 3301 of this title, except a vessel 

15 on a voyage from a port in the United States to a port 

16 in Canada, shall have an official logbook, which shall be 

17 kept available for review by the Secretary on request. 

18 ‘‘(b) The log book required by subsection (a) shall in19 clude the following entries: 

20 ‘‘(1) The time when each seaman and each offi21 cer assumed or relieved the watch. 

22 ‘‘(2) The number of hours in service to the vessels 

23 of each seaman and each officer. 

24 ‘‘(3) An account of each accident, illness, and in25 jury that occurs during each watch.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of sections at 

2 the beginning of such chapter is amended by adding at the 

3 end the following: 

‘‘11304. Additional logbook and entry requirements.’’. 

4 SEC. 608. SAFE OPERATIONS AND EQUIPMENT STANDARDS. 

5 (a) IN GENERAL.—Chapter 21 of title 46, United 

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

7 following new sections: 

8 ‘‘§ 2117. Termination for unsafe operation 

9 ‘‘An individual authorized to enforce this title— 

10 ‘‘(1) may remove a certificate required by this 

11 title from a vessel that is operating in a condition 

12 that does not comply with the provisions of the certifi13 cate; 

14 ‘‘(2) may order the individual in charge of a ves15 sel that is operating that does not have on board the 

16 certificate required by this title to return the vessel to 

17 a mooring and to remain there until the vessel is in 

18 compliance with this title; and 

19 ‘‘(3) may direct the individual in charge of a 

20 vessel to which this title applies to immediately take 

21 reasonable steps necessary for the safety of individuals 

22 on board the vessel if the official observes the vessel 

23 being operated in an unsafe condition that the official 

24 believes creates an especially hazardous condition, in25 cluding ordering the individual in charge to return 
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1 the vessel to a mooring and to remain there until the 

2 situation creating the hazard is corrected or ended. 

3 ‘‘§ 2118. Establishment of equipment standards 

4 ‘‘(a) In establishing standards for approved equipment 

5 required on vessels subject to part B of this title, the Sec6 retary shall establish standards that are— 

7 ‘‘(1) based on performance using the best avail8 able technology that is economically achievable; and 

9 ‘‘(2) operationally practical. 

10 ‘‘(b) Using the standards established under subsection 

11 (a), the Secretary may also certify lifesaving equipment 

12 that is not required to be carried on vessels subject to part 

13 B of this title to ensure that such equipment is suitable for 

14 its intended purpose. 

15 ‘‘(c) At least once every 10 years the Secretary shall 

16 review and revise the standards established under subsection 

17 (a) to ensure that the standards meet the requirements of 

18 this section.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections at 

20 the beginning of such chapter is further amended by adding 

21 at the end the following: 

‘‘2117. Termination for unsafe operation. 

‘‘2118. Establishment of equipment standards.’’. 
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1 SEC. 609. APPROVAL OF SURVIVAL CRAFT. 

2 (a) IN GENERAL.—Chapter 31 of title 46, United 

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

4 new section: 

5 ‘‘§ 3104. Survival craft 

6 ‘‘(a) Except as provided in subsection (b), the Sec7 retary may not approve a survival craft as a safety device 

8 for purposes of this part, unless the craft ensures that no 

9 part of an individual is immersed in water. 

10 ‘‘(b) The Secretary may authorize a survival craft that 

11 does not provide protection described in subsection (a) to 

12 remain in service until not later than January 1, 2015, 

13 if— 

14 ‘‘(1) it was approved by the Secretary before 

15 January 1, 2010; and 

16 ‘‘(2) it is in serviceable condition.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections at 

18 the beginning of such chapter is amended by adding at the 

19 end the following: 

‘‘3104. Survival craft.’’. 

20 SEC. 610. SAFETY MANAGEMENT. 

21 (a) VESSELS TO WHICH REQUIREMENTS APPLY.—Sec22 tion 3202 of title 46, United States Code, is amended— 

23 (1) in subsection (a) by striking the heading and 

24 inserting ‘‘FOREIGN VOYAGES AND FOREIGN VES25 SELS.—’’; 
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1 (2) by redesignating subsections (b) and (c) as 

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

3 (3) by inserting after subsection (a) the fol4 lowing: 

5 ‘‘(b) OTHER PASSENGER VESSELS.—This chapter ap6 plies to a vessel that is— 

7 ‘‘(1) a passenger vessel or small passenger vessel; 

8 and 

9 ‘‘(2) is transporting more passengers than a 

10 number prescribed by the Secretary based on the 

11 number of individuals on the vessel that could be 

12 killed or injured in a marine casualty.’’; 

13 (4) in subsection (d), as so redesignated, by 

14 striking ‘‘subsection (b)’’ and inserting ‘‘subsection 

15 (c)’’; and 

16 (5) in subsection (d)(4), as so redesignated, by 

17 inserting ‘‘that is not described in subsection (b) of 

18 this section’’ after ‘‘waters’’. 

19 (b) SAFETY MANAGEMENT SYSTEM.—Section 3203 of 

20 title 46, United States Code, is amended by adding at the 

21 end the following new subsection: 

22 ‘‘(c) In prescribing regulations for passenger vessels 

23 and small passenger vessels, the Secretary shall consider— 

24 ‘‘(1) the characteristics, methods of operation, 

25 and nature of the service of these vessels; and 
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1 ‘‘(2) with respect to vessels that are ferries, the 

2 sizes of the ferry systems within which the vessels op3 erate.’’. 

4 SEC. 611. PROTECTION AGAINST DISCRIMINATION. 

5 (a) IN GENERAL.—Section 2114 of title 46, United 

6 States Code, is amended— 

7 (1) in subsection (a)(1)(A), by striking ‘‘or’’ after 

8 the semicolon; 

9 (2) in subsection (a)(1)(B), by striking the pe10 riod at the end and inserting a semicolon; 

11 (3) by adding at the end of subsection (a)(1) the 

12 following new subparagraphs: 

13 ‘‘(C) the seaman testified in a proceeding 

14 brought to enforce a maritime safety law or regula15 tion prescribed under that law; 

16 ‘‘(D) the seaman notified, or attempted to notify, 

17 the vessel owner or the Secretary of a work-related 

18 personal injury or work-related illness of a seaman; 

19 ‘‘(E) the seaman cooperated with a safety inves20 tigation by the Secretary or the National Transpor21 tation Safety Board; 

22 ‘‘(F) the seaman furnished information to the 

23 Secretary, the National Transportation Safety Board, 

24 or any other public official as to the facts relating to 

25 any marine casualty resulting in injury or death to 
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1 an individual or damage to property occurring in 

2 connection with vessel transportation; or 

3 ‘‘(G) the seaman accurately reported hours of 

4 duty under this part.’’; and 

5 (4) by amending subsection (b) to read as fol6 lows: 

7 ‘‘(b) A seaman alleging discharge or discrimination in 

8 violation of subsection (a) of this section, or another person 

9 at the seaman’s request, may file a complaint with respect 

10 to such allegation in the same manner as a complaint may 

11 be filed under subsection (b) of section 31105 of title 49. 

12 Such complaint shall be subject to the procedures, require13 ments, and rights described in that section, including with 

14 respect to the right to file an objection, the right of a person 

15 to file for a petition for review under subsection (c) of that 

16 section, and the requirement to bring a civil action under 

17 subsection (d) of that section.’’. 

18 (b) EXISTING ACTIONS.—This section shall not affect 

19 the application of section 2114(b) of title 46, United States 

20 Code, as in effect before the date of enactment of this Act, 

21 to an action filed under that section before that date. 

22 SEC. 612. OIL FUEL TANK PROTECTION. 

23 Section 3306 of title 46, United States Code, is amend24 ed by adding at the end the following new subsection: 
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1 ‘‘(k)(1) Each vessel of the United States that is con2 structed under a contract entered into after the date of en3 actment of the Maritime Safety Act of 2010, or that is deliv4 ered after January 1, 2011, with an aggregate capacity of 

5 600 cubic meters or more of oil fuel, shall comply with the 

6 requirements of Regulation 12A under Annex I to the Pro7 tocol of 1978 relating to the International Convention for 

8 the Prevention of Pollution from Ships, 1973, entitled ‘Oil 

9 Fuel Tank Protection’. 

10 ‘‘(2) The Secretary may prescribe regulations to apply 

11 the requirements described in Regulation 12A to vessels de12 scribed in paragraph (1) that are not otherwise subject to 

13 that convention. Any such regulation shall be considered to 

14 be an interpretive rule for the purposes of section 553 of 

15 title 5. 

16 ‘‘(3) In this subsection the term ‘oil fuel’ means any 

17 oil used as fuel in connection with the propulsion and aux18 iliary machinery of the vessel in which such oil is carried.’’. 

19 SEC. 613. OATHS. 

20 Section 7105 of title 46, United States Code, is amend21 ed by striking ‘‘before a designated official’’. 
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1 SEC. 614. DURATION OF LICENSES, CERTIFICATES OF REG2 ISTRY, AND MERCHANT MARINERS’ DOCU3 MENTS. 

4 (a) MERCHANT MARINER’S DOCUMENTS.—Section 

5 7302(f) of title 46, United States Code, is amended to read 

6 as follows: 

7 ‘‘(f) PERIODS OF VALIDITY AND RENEWAL OF MER8 CHANT MARINERS’ DOCUMENTS.— 

9 ‘‘(1) IN GENERAL.—Except as provided in sub10 section (g), a merchant mariner’s document issued 

11 under this chapter is valid for a 5-year period and 

12 may be renewed for additional 5-year periods. 

13 ‘‘(2) ADVANCE RENEWALS.—A renewed merchant 

14 mariner’s document may be issued under this chapter 

15 up to 8 months in advance but is not effective until 

16 the date that the previously issued merchant mari17 ner’s document expires or until the completion of any 

18 active suspension or revocation of that previously 

19 issued merchant mariner’s document, whichever is 

20 later.’’. 

21 (b) DURATION OF LICENSES.—Section 7106 of such 

22 title is amended to read as follows: 

23 ‘‘§ 7106. Duration of licenses 

24 ‘‘(a) IN GENERAL.—A license issued under this part 

25 is valid for a 5-year period and may be renewed for addi26 tional 5-year periods; except that the validity of a license 
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1 issued to a radio officer is conditioned on the continuous 

2 possession by the holder of a first-class or second-class ra3 diotelegraph operator license issued by the Federal Commu4 nications Commission. 

5 ‘‘(b) ADVANCE RENEWALS.—A renewed license issued 

6 under this part may be issued up to 8 months in advance 

7 but is not effective until the date that the previously issued 

8 license expires or until the completion of any active suspen9 sion or revocation of that previously issued merchant mari10 ner’s document, whichever is later.’’. 

11 (c) CERTIFICATES OF REGISTRY.—Section 7107 of 

12 such title is amended to read as follows: 

13 ‘‘§ 7107. Duration of certificates of registry 

14 ‘‘(a) IN GENERAL.—A certificate of registry issued 

15 under this part is valid for a 5-year period and may be 

16 renewed for additional 5-year periods; except that the valid17 ity of a certificate issued to a medical doctor or professional 

18 nurse is conditioned on the continuous possession by the 

19 holder of a license as a medical doctor or registered nurse, 

20 respectively, issued by a State. 

21 ‘‘(b) ADVANCE RENEWALS.—A renewed certificate of 

22 registry issued under this part may be issued up to 8 

23 months in advance but is not effective until the date that 

24 the previously issued certificate of registry expires or until 

25 the completion of any active suspension or revocation of 
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1 that previously issued merchant mariner’s document, 

2 whichever is later.’’. 

3 SEC. 615. AUTHORIZATION TO EXTEND THE DURATION OF 

4 LICENSES, CERTIFICATES OF REGISTRY, AND 

5 MERCHANT MARINERS’ DOCUMENTS. 

6 (a) MERCHANT MARINER LICENSES AND DOCU7 MENTS.—Chapter 75 of title 46, United States Code, is 

8 amended by adding at the end the following: 

9 ‘‘§ 7507. Authority to extend the duration of licenses, 

10 certificates of registry, and merchant 

11 mariner documents 

12 ‘‘(a) LICENSES AND CERTIFICATES OF REGISTRY.— 

13 Notwithstanding sections 7106 and 7107, the Secretary of 

14 the department in which the Coast Guard is operating 

15 may— 

16 ‘‘(1) extend for not more than one year an expir17 ing license or certificate of registry issued for an indi18 vidual under chapter 73 if the Secretary determines 

19 that the extension is required to enable the Coast 

20 Guard to eliminate a backlog in processing applica21 tions for those licenses or certificates of registry or in 

22 response to a national emergency or natural disaster, 

23 as deemed necessary by the Secretary; or 

24 ‘‘(2) issue for not more than five years an expir25 ing license or certificate of registry issued for an indi-
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1 vidual under chapter 73 for the exclusive purpose of 

2 aligning the expiration date of such license or certifi3 cate of registry with the expiration date of a mer4 chant mariner’s document. 

5 ‘‘(b) MERCHANT MARINER DOCUMENTS.—Notwith6 standing section 7302(g), the Secretary may— 

7 ‘‘(1) extend for not more than one year an expir8 ing merchant mariner’s document issued for an indi9 vidual under chapter 73 if the Secretary determines 

10 that the extension is required to enable the Coast 

11 Guard to eliminate a backlog in processing applica12 tions for those licenses or certificates of registry or in 

13 response to a national emergency or natural disaster, 

14 as deemed necessary by the Secretary; or 

15 ‘‘(2) issue for not more than five years an expir16 ing merchant mariner’s document issued for an indi17 vidual under chapter 73 for the exclusive purpose of 

18 aligning the expiration date of such merchant mari19 ner’s document with the expiration date of a mer20 chant mariner’s document. 

21 ‘‘(c) MANNER OF EXTENSION.—Any extensions grant22 ed under this section may be granted to individual seamen 

23 or a specifically identified group of seamen.’’. 

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

25 chapter is amended by adding at the end the following: 
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‘‘7507. Authority to extend the duration of licenses, certificates of registry, and 

merchant mariner documents.’’. 

1 SEC. 616. 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 sub4 mit to the Committee on Transportation and Infrastructure 

5 of the House of Representatives and the Committee on Com6 merce, Science, and Transportation of the Senate a report 

7 regarding the feasibility of— 

8 (1) expanding the streamlined evaluation process 

9 program that was affiliated with the Houston Re10 gional Examination Center of the Coast Guard to all 

11 processing centers of the Coast Guard nationwide; 

12 (2) including proposals to simplify the applica13 tion process for a license as an officer, staff officer, or 

14 operator and for a merchant mariner’s document to 

15 help eliminate errors by merchant mariners when 

16 completing the application form (CG–719B), includ17 ing instructions attached to the application form and 

18 a modified application form for renewals with ques19 tions pertaining only to the period of time since the 

20 previous application; 

21 (3) providing notice to an applicant of the status 

22 of the pending application, including a process to 

23 allow the applicant to check on the status of the ap24 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 reg4 istry is retained in a secure electronic format. 

5 SEC. 617. OFFSHORE SUPPLY VESSELS. 

6 (a) REMOVAL OF TONNAGE LIMITS.— 

7 (1) DEFINITION.— 

8 (A) IN GENERAL.—Section 2101(19) of title 

9 46, United States Code, is amended by striking 

10 ‘‘of more than 15 gross tons but less than 500 

11 gross tons as measured under section 14502 of 

12 this title, or an alternate tonnage measured 

13 under section 14302 of this title as prescribed by 

14 the Secretary under section 14104 of this title’’. 

15 (B) EXEMPTION.—Section 5209(b)(1) of the 

16 Oceans Act of 1992 (Public Law 102–587; 46 

17 U.S.C. 2101 note) is amended by striking ‘‘ves18 sel.’’ and inserting ‘‘vessel of less than 500 gross 

19 tons as measured under section 14502, or an al20 ternate tonnage measured under section 14302 of 

21 such title as prescribed by the Secretary under 

22 section 14104 of such title.’’. 

23 (2) APPLICATION.—Section 3702(b) of title 46, 

24 United States Code, is amended by striking para-
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1 graph (1) and redesignating paragraphs (2) and (3) 

2 as paragraphs (1) and (2), respectively. 

3 (b) SCALE OF EMPLOYMENT: ABLE SEAMEN.—Section 

4 7312(d) of title 46, United States Code, is amended to read 

5 as follows: 

6 ‘‘(d) INDIVIDUALS QUALIFIED AS ABLE SEAMEN.— 

7 Offshore supply vessel under section 7310 of this title may 

8 constitute all of the able seamen required on board a vessel 

9 of less than 500 gross tons as measured under section 14502 

10 of this title or 6,000 gross tons as measured under section 

11 14302 of this title engaged in support of exploration, exploi12 tation, or production of offshore mineral or energy re13 sources. Individuals qualified as able seamen—limited 

14 under section 7308 of this title may constitute all of the 

15 able seamen required on board a vessel of at least 500 gross 

16 tons as measured under section 14502 of this title or 6,000 

17 gross tons as measured under section as measured under 

18 section 14302 of this title as prescribed by the Secretary 

19 under section 14104 of this title engaged in support of ex20 ploration, exploitation, or production of offshore mineral or 

21 energy resources.’’. 

22 (c) MINIMUM NUMBER OF LICENSED INDIVIDUALS.— 

23 Section 8301(b) of title 46, United States Code, is amended 

24 to read as follows: 
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1 ‘‘(b)(1) An offshore supply vessel of less than 500 gross 

2 tons as measured under section 14502 of this title or 6,000 

3 gross tons as measured under section 14302 of this title on 

4 a voyage of less than 600 miles shall have a licensed mate. 

5 If the vessel is on a voyage of at least 600 miles, however, 

6 the vessel shall have 2 licensed mates. 

7 ‘‘(2) An offshore supply vessel of at least 6,000 gross 

8 tons as measured under section 14302 of this title on a voy9 age of less than 600 miles shall have at least two licensed 

10 mates, provided the offshore supply vessel meets the require11 ments of section 8104(g)(2). An offshore supply vessel of at 

12 least 6,000 gross tons as measured under section 14302 of 

13 this title on a voyage of at least 600 miles shall have three 

14 licensed mates. 

15 ‘‘(3) An offshore supply vessel of more than 200 gross 

16 tons as measured under section 14502 of this title, or an 

17 alternate tonnage measured under section 14302 of this title 

18 as prescribed by the Secretary under section 14104 of this 

19 title, may not be operated without a licensed engineer.’’. 

20 (d) WATCHES.—Section 8104(g) of title 46, United 

21 States Code, is amended— 

22 (1) by inserting ‘‘(1)’’ after ‘‘(g)’’; and 

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

24 ‘‘(2) Paragraph (1) applies to an offshore supply vessel 

25 of at least 6,000 gross tons as measured under section 14302 
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1 of this title if the individuals engaged on the vessel are in 

2 compliance with hours of service requirements (including 

3 recording and recordkeeping of that service) as prescribed 

4 by the Secretary.’’. 

5 (e) OIL FUEL TANK PROTECTION.— 

6 (1) APPLICATION.—An offshore supply vessel of 

7 at least 6,000 gross tons as measured under section 

8 14302 of title 46, United States Code, that is con9 structed under a contract entered into after the date 

10 of enactment of this Act, or that is delivered after Au11 gust 1, 2010, with an aggregate capacity of 600 cubic 

12 meters or more of oil fuel, shall comply with the re13 quirements of Regulation 12A under Annex I to the 

14 Protocol of 1978 relating to the International Conven15 tion for the Prevention of Pollution from Ships, 1973, 

16 entitled Oil Fuel Tank Protection, regardless of 

17 whether such vessel is engaged in the coastwise trade 

18 or on an international voyage. 

19 (2) DEFINITION.—In this subsection the term 

20 ‘‘oil fuel’’ means any oil used as fuel in connection 

21 with the propulsion and auxiliary machinery of the 

22 vessel in which such oil is carried. 

23 (f) REGULATIONS.— 

24 (1) IN GENERAL.—Not later than January 1, 

25 2012, the Secretary of the department in which the 
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1 Coast Guard is operating shall promulgate regula2 tions to implement the amendments and authorities 

3 enacted by this section for offshore supply vessels of 

4 at least 6,000 gross tons as measured under section 

5 14302 of title 46, United States Code, and to ensure 

6 the safe carriage of oil, hazardous substances, and in7 dividuals in addition to the crew on such vessels. The 

8 final rule issued pursuant to such rulemaking may 

9 supersede the interim final rule promulgated under 

10 paragraph (2) of this subsection. In promulgating 

11 regulations under this subsection, the Secretary shall 

12 take into consideration the characteristics of offshore 

13 supply vessels, their methods of operation, and their 

14 service in support of exploration, exploitation, or pro15 duction of offshore mineral or energy resources. 

16 (2) INTERIM FINAL RULE AUTHORITY.—As soon 

17 as is practicable and without regard to the provisions 

18 of chapters 5 and 6 of title 5, United States Code, the 

19 Secretary shall issue an interim final rule as a tem20 porary regulation implementing this section (includ21 ing the amendments made by this section) for offshore 

22 supply vessels of at least 6,000 gross tons as measured 

23 under section 14302 of title 46, United States Code, 

24 and to ensure the safe carriage of oil, hazardous sub-
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1 stances, and individuals in addition to the crew on 

2 such vessels. 

3 (3) INTERIM PERIOD.—After the effective date of 

4 this Act, prior to the effective date of the regulations 

5 prescribed by paragraph (2) of this subsection, and 

6 without regard to the provisions of chapters 5 and 6 

7 of title 5, United States Code, and the offshore supply 

8 vessel tonnage limits of applicable regulations and 

9 policy guidance promulgated prior to the date of en10 actment of this Act, the Secretary of the department 

11 in which the Coast Guard is operating may— 

12 (A) issue a certificate of inspection under 

13 section 3309 of title 46, United States Code, to 

14 an offshore supply vessel of at least 6,000 gross 

15 tons as measured under section 14302 of that 

16 title if the Secretary determines that such vessel’s 

17 arrangements and equipment meet the current 

18 Coast Guard requirements for certification as a 

19 cargo and miscellaneous vessel; 

20 (B) authorize a master, mate, or engineer 

21 who possesses an ocean or near coastal license 

22 and endorsement under part 11 of subchapter B 

23 of title 46, Code of Federal Regulations, (or any 

24 successor regulation) that qualifies the licensed 

25 officer for service on offshore supply vessels of at 
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1 least 3,000 gross tons but less than 6,000 gross 

2 tons, as measured under section 14302 of title 

3 46, United States Code, to operate offshore sup4 ply vessels of at least 6,000 gross tons, as meas5 ured under such section; and 

6 (C) authorize any such master, mate, or en7 gineer who also possesses an ocean or near coast8 al license and endorsement under such part that 

9 qualifies the licensed officer for service on non 

10 trade-restricted vessels of at least 1,600 gross tons 

11 but less than 3,000 gross tons, as measured 

12 under such section, to increase the tonnage limi13 tation of such license and endorsement under sec14 tion 402(c) of such part, using service on vessels 

15 certificated under both subchapters I and L of 

16 such title and measured only under such section, 

17 except that such tonnage limitation shall not ex18 ceed 10,000 gross tons as measured under such 

19 section. 

20 SEC. 618. ASSOCIATED EQUIPMENT. 

21 Section 2101(1)(B) of title 46, United States Code, is 

22 amended by inserting ‘‘with the exception of emergency lo23 cator beacons for recreational vessels operating beyond 3 

24 nautical miles from the baselines from which the territorial 
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1 sea of the United States is measured or beyond 3 nautical 

2 miles from the coastline of the Great Lake,’’ before ‘‘does’’. 

3 SEC. 619. LIFESAVING DEVICES ON UNINSPECTED VESSELS. 

4 Section 4102(b) of title 46, United States Code, is 

5 amended to read as follows: 

6 ‘‘(b) The Secretary shall prescribe regulations requir7 ing the installation, maintenance, and use of life preservers 

8 and other lifesaving devices for individuals on board 

9 uninspected vessels.’’. 

10 SEC. 620. STUDY OF BLENDED FUELS IN MARINE APPLICA11 TION. 

12 (a) SURVEY.— 

13 (1) IN GENERAL.—Not later than 180 days after 

14 the date of enactment of this Act, the Secretary of 

15 Homeland Security, acting through the Commandant 

16 of the Coast Guard, shall submit a survey of pub17 lished data and reports, pertaining to the use, safety, 

18 and performance of blended fuels in marine applica19 tions, to the Committee on Transportation and Infra20 structure of the House of Representatives and the 

21 Committees on Commerce, Science, and Transpor22 tation of the Senate. 

23 (2) INCLUDED INFORMATION.—To the extent pos24 sible, the survey required in subsection (a), shall in25 clude data and reports on— 
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1 (A) the impact of blended fuel on the oper2 ation, durability, and performance of rec3 reational and commercial marine engines, ves4 sels, and marine engine and vessel components 

5 and associated equipment; 

6 (B) the safety impacts of blended fuels on 

7 consumers that own and operate recreational 

8 and commercial marine engines and marine en9 gine components and associated equipment; and 

10 (C) to the extent available, fires and explo11 sions on board vessels propelled by engines using 

12 blended fuels. 

13 (b) STUDY.— 

14 (1) IN GENERAL.—Not later than 36 months 

15 after the date of enactment of this Act, the Secretary, 

16 acting through the Commandant, shall conduct a 

17 comprehensive study on the use, safety, and perform18 ance of blended fuels in marine applications. The Sec19 retary is authorized to conduct such study in conjunc20 tion with— 

21 (A) any other Federal agency; 

22 (B) any State government or agency; 

23 (C) any local government or agency, includ24 ing local police and fire departments; and 
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1 (D) any private entity, including engine 

2 and vessel manufacturers. 

3 (2) EVALUATION.—The study shall include an 

4 evaluation of— 

5 (A) the impact of blended fuel on the oper6 ation, durability and performance of rec7 reational and commercial marine engines, ves8 sels, and marine engine and vessel components 

9 and associated equipment; 

10 (B) the safety impacts of blended fuels on 

11 consumers that own and operate recreational 

12 and commercial marine engines and marine en13 gine components and associated equipment; and 

14 (C) fires and explosions on board vessels 

15 propelled by engines using blended fuels. 

16 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated to the Secretary of Homeland 

18 Security to carry out the survey and study under this sec19 tion $1,000,000. 

20 SEC. 621. RENEWAL OF ADVISORY COMMITTEES. 

21 (a) GREAT LAKES PILOTAGE ADVISORY COM22 MITTEE.—Section 9307(f)(1) of title 46, United States 

23 Code, is amended by striking ‘‘September 30, 2010.’’ and 

24 inserting ‘‘September 30, 2020.’’. 
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1 (b) NATIONAL BOATING SAFETY ADVISORY COUN2 CIL.—Section 13110 of title 46, United States Code, is 

3 amended— 

4 (1) in subsection (d), by striking the first sen5 tence; and 

6 (2) in subsection (e), by striking ‘‘September 30, 

7 2010.’’ and inserting ‘‘September 30, 2020.’’. 

8 (c) HOUSTON-GALVESTON NAVIGATION SAFETY ADVI9 SORY COMMITTEE.—Section 18(h) of the Coast Guard Au10 thorization Act of 1991 (Public Law 102–241 as amended 

11 by Public Law 104–324) is amended by striking ‘‘Sep12 tember 30, 2010.’’ and inserting ‘‘September 30, 2020.’’. 

13 (d) LOWER MISSISSIPPI RIVER WATERWAY SAFETY

14 ADVISORY COMMITTEE.—Section 19 of the Coast Guard Au15 thorization Act of 1991 (Public Law 102–241) is amend16 ed— 

17 (1) in subsection (b)— 

18 (A) in the matter preceding paragraph (1), 

19 by striking ‘‘twenty-four’’ and inserting ‘‘twenty20 five’’; and 

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

22 paragraph: 

23 ‘‘(12) One member representing the Associated 

24 Federal Pilots and Docking Masters of Louisiana.’’; 

25 and 
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1 (2) in subsection (g), by striking ‘‘September 30, 

2 2010.’’ and inserting ‘‘September 30, 2020.’’. 

3 (e) TOWING SAFETY ADVISORY COMMITTEE.—The Act 

4 entitled ‘‘An Act To establish a Towing Safety Advisory 

5 Committee in the Department of Transportation’’, ap6 proved October 6, 1980, (33 U.S.C. 1231a) is amended— 

7 (1) by striking subsection (a) and inserting the 

8 following: 

9 ‘‘(a) There is established a Towing Safety Advisory 

10 Committee (hereinafter referred to as the ‘Committee’). The 

11 Committee shall consist of eighteen members with par12 ticular expertise, knowledge, and experience regarding shal13 low-draft inland and coastal waterway navigation and tow14 ing safety as follows: 

15 ‘‘(1) Seven members representing the barge and 

16 towing industry, reflecting a regional geographic bal17 ance. 

18 ‘‘(2) One member representing the offshore min19 eral and oil supply vessel industry. 

20 ‘‘(3) One member representing holders of active 

21 licensed Masters or Pilots of towing vessels with expe22 rience on the Western Rivers and the Gulf Intra23 coastal Waterway. 
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1 ‘‘(4) One member representing the holders of ac2 tive licensed Masters of towing vessels in offshore serv3 ice. 

4 ‘‘(5) One member representing Masters who are 

5 active ship-docking or harbor towing vessel. 

6 ‘‘(6) One member representing licensed or unli7 censed towing vessel engineers with formal training 

8 and experience. 

9 ‘‘(7) Two members representing each of the fol10 lowing groups: 

11 ‘‘(A) Port districts, authorities, or terminal 

12 operators. 

13 ‘‘(B) Shippers (of whom at least one shall 

14 be engaged in the shipment of oil or hazardous 

15 materials by barge). 

16 ‘‘(8) Two members representing the general pub17 lic.’’; and 

18 (2) in subsection (e), by striking ‘‘September 30, 

19 2010.’’ and inserting ‘‘September 30, 2020.’’. 

20 (f) NAVIGATION SAFETY ADVISORY COUNCIL.—Section 

21 5 of the Inland Navigational Rules Act of 1980 (33 U.S.C. 

22 2073) is amended— 

23 (1) by striking subsections (a) and (b) and in24 serting the following: 

25 ‘‘(a) ESTABLISHMENT OF COUNCIL.— 
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1 ‘‘(1) IN GENERAL.—The Secretary of the depart2 ment in which the Coast Guard is operating shall es3 tablish a Navigation Safety Advisory Council (herein4 after referred to as the ‘Council’), consisting of not 

5 more than 21 members. All members shall have exper6 tise in Inland and International vessel navigation 

7 Rules of the Road, aids to maritime navigation, mar8 itime law, vessel safety, port safety, or commercial 

9 diving safety. Upon appointment, all non-Federal 

10 members shall be designated as representative mem11 bers to represent the viewpoints and interests of one 

12 of the following groups or organizations: 

13 ‘‘(A) Commercial vessel owners or operators. 

14 ‘‘(B) Professional mariners. 

15 ‘‘(C) Recreational boaters. 

16 ‘‘(D) The recreational boating industry. 

17 ‘‘(E) State agencies responsible for vessel or 

18 port safety. 

19 ‘‘(F) The Maritime Law Association. 

20 ‘‘(2) PANELS.—Additional persons may be ap21 pointed to panels of the Council to assist the Council 

22 in performance of its functions. 

23 ‘‘(3) NOMINATIONS.—The Secretary, through the 

24 Coast Guard Commandant, shall not less often than 

25 once a year publish a notice in the Federal Register 
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1 soliciting nominations for membership on the Coun2 cil. 

3 ‘‘(b) FUNCTIONS.—The Council shall advise, consult 

4 with, and make recommendations to the Secretary, through 

5 the Coast Guard Commandant, on matters relating to mar6 itime collisions, rammings, groundings, Inland Rules of the 

7 Road, International Rules of the Road, navigation regula8 tions and equipment, routing measures, marine informa9 tion, diving safety, and aids to navigation systems. Any 

10 advice and recommendations made by the Council to the 

11 Secretary shall reflect the independent judgment of the 

12 Council on the matter concerned. The Council shall meet 

13 at the call of the Coast Guard Commandant, but in any 

14 event not less than twice during each calendar year. All 

15 proceedings of the Council shall be public, and a record of 

16 the proceedings shall be made available for public inspec17 tion.’’; and 

18 (2) in subsection (d), by striking ‘‘September 30, 

19 2010.’’ and inserting ‘‘September 30, 2020.’’. 

20 (g) DELAWARE RIVER AND BAY OIL SPILL ADVISORY

21 COMMITTEE.— 

22 (1) IN GENERAL.—Section 607 of the Coast 

23 Guard and Maritime Transportation Act of 2006 

24 (Public Law 109–241; 120 Stat. 556) is amended— 
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1 (A) in subsection (c)(2), by striking ‘‘Not 

2 later than 18 months after the date that the 

3 Commandant completes appointment of the 

4 members of the Committee,’’ and inserting ‘‘Not 

5 later than December 31, 2010,’’; 

6 (B) in subsection (h), by striking ‘‘2007’’ 

7 and inserting ‘‘2011’’; and 

8 (C) by striking subsection (i) and inserting 

9 the following: 

10 ‘‘(i) TERMINATION.—The Committee shall terminate 

11 30 days after it transmits its report, pursuant to subsection 

12 (c)(2), but no later than December 31, 2010, whichever is 

13 earlier.’’. 

14 (2) EFFECTIVE DATE.—The amendments made 

15 by this subsection are deemed to have taken effect as 

16 if they were enacted on July 11, 2006. 

17 (3) CHARTER.—Any charter pertaining to the 

18 Delaware River and Bay Oil Spill Advisory Com19 mittee is deemed not to have lapsed, and to have re20 mained in effect, and, notwithstanding any other pro21 vision of law or policy, shall terminate 30 days after 

22 the date the Committee transmits its report, pursuant 

23 to section 607(c)(2) of the Coast Guard and Maritime 

24 Transportation Act of 2006 (Public Law 109–241; 
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1 120 Stat. 557), but not later than December 31, 2010, 

2 whichever is earlier. 

3 (4) APPOINTMENTS TO COMMITTEE.—Any ap4 pointment to the Delaware River and Bay Oil Spill 

5 Advisory Committee is deemed not to have lapsed, 

6 and to have remained in effect, and, notwithstanding 

7 any other provision of law or policy, shall terminate 

8 30 days after the Committee transmits its report, 

9 pursuant to section 607(c)(2) of the Coast Guard and 

10 Maritime Transportation Act of 2006 (Public Law 

11 109–241; 120 Stat. 557), but not later than December 

12 31, 2010, whichever is earlier. 

13 SEC. 622. DELEGATION OF AUTHORITY. 

14 (a) IN GENERAL.—Section 3316 of title 46, United 

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

16 new subsection: 

17 ‘‘(d)(1) The Secretary may delegate to the American 

18 Bureau of Shipping or another classification society recog19 nized by the Secretary as meeting acceptable standards for 

20 such a society, for a United States offshore facility, the au21 thority to— 

22 ‘‘(A) review and approve plans required for 

23 issuing a certificate of inspection, a certificate of com24 pliance, or any other certification and related docu25 ments issued by the Coast Guard pursuant to regula-
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1 tions issued under section 30 of the Outer Continental 

2 Shelf Lands Act (43 U.S.C. 1356); and 

3 ‘‘(B) conduct inspections and examinations. 

4 ‘‘(2) The Secretary may make a delegation under 

5 paragraph (1) to a foreign classification society only if— 

6 ‘‘(A) the foreign society has offices and main7 tains records in the United States; and 

8 ‘‘(B)(i) the government of the foreign country in 

9 which the foreign society is headquartered delegates 

10 that authority to the American Bureau of Shipping; 

11 or 

12 ‘‘(ii) the Secretary has entered into an agreement 

13 with the government of the foreign country in which 

14 the foreign society is headquartered that— 

15 ‘‘(I) ensures the government of the foreign 

16 country will accept plan review, inspections, or 

17 examinations conducted by the American Bureau 

18 of Shipping and provide equivalent access to in19 spect, certify, and provide related services to off20 shore facilities located in that country or oper21 ating under the authority of that country; and 

22 ‘‘(II) is in full accord with principles of 

23 reciprocity in regards to any delegation con24 templated by the Secretary under paragraph (1). 
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1 ‘‘(3) If an inspection or examination is conducted 

2 under authority delegated under this subsection, the person 

3 to which the authority was delegated— 

4 ‘‘(A) shall maintain in the United States com5 plete files of all information derived from or nec6 essarily connected with the inspection or examination 

7 for at least 2 years after the United States offshore fa8 cility ceases to be certified; and 

9 ‘‘(B) shall permit access to those files at all rea10 sonable times to any officer, employee, or member of 

11 the Coast Guard designated— 

12 ‘‘(i) as a marine inspector and serving in 

13 a position as a marine inspector; or 

14 ‘‘(ii) in writing by the Secretary to have ac15 cess to those files. 

16 ‘‘(4) For purposes of this subsection— 

17 ‘‘(A) the term ‘offshore facility’ means any in18 stallation, structure, or other device (including any 

19 vessel not documented under chapter 121 of this title 

20 or the laws of another country), fixed or floating, that 

21 dynamically holds position or is temporarily or per22 manently attached to the seabed or subsoil under the 

23 sea; and 

24 ‘‘(B) the term ‘United States offshore facility’ 

25 means any offshore facility, fixed or floating, that dy-
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1 namically holds position or is temporarily or perma2 nently attached to the seabed or subsoil under the ter3 ritorial sea of the United States or the outer Conti4 nental Shelf (as that term is defined in section 2 of 

5 the Outer Continental Shelf Lands Act (43 U.S.C. 

6 1331)), including any vessel, rig, platform, or other 

7 vehicle or structure subject to regulation under section 

8 30 of the Outer Continental Shelf Lands Act (43 

9 U.S.C. 1356).’’. 

10 (b) REVIEW AND APPROVAL OF CLASSIFICATION SOCI11 ETY REQUIRED.—Section 3316(c) of title 46, United States 

12 Code, is amended by striking so much as precedes para13 graph (2) and inserting the following: 

14 ‘‘(c)(1) A classification society (including an employee 

15 or agent of that society) may not review, examine, survey, 

16 or certify the construction, repair, or alteration of a vessel 

17 in the United States unless the society has applied for ap18 proval under this subsection and the Secretary has reviewed 

19 and approved that society with respect to the conduct of 

20 that society under paragraph (2).’’. 

21 TITLE VII—OIL POLLUTION 

22 PREVENTION 

23 SEC. 701. RULEMAKINGS. 

24 (a) STATUS REPORT.— 
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1 (1) IN GENERAL.—Not later than 90 days after 

2 the date of enactment of this Act, the Secretary of the 

3 department in which the Coast Guard is operating 

4 shall provide a report to the Senate Committee on 

5 Commerce, Science, and Transportation and the 

6 House of Representatives Committee on Transpor7 tation and Infrastructure on the status of all Coast 

8 Guard rulemakings required or otherwise being devel9 oped (but for which no final rule has been issued as 

10 of the date of enactment of this Act) under section 311 

11 of the Federal Water Pollution Control Act (33 U.S.C. 

12 1321). 

13 (2) INFORMATION REQUIRED.—The Secretary 

14 shall include in the report required in paragraph 

15 (1)— 

16 (A) a detailed explanation with respect to 

17 each such rulemaking as to— 

18 (i) what steps have been completed; 

19 (ii) what areas remain to be addressed; 

20 and 

21 (iii) the cause of any delays; and 

22 (B) the date by which a final rule may rea23 sonably be expected to be issued. 

24 (b) FINAL RULES.—The Secretary shall issue a final 

25 rule in each pending rulemaking described in subsection (a) 
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1 as soon as practicable, but in no event later than 18 months 

2 after the date of enactment of this Act. 

3 (c) TOWING VESSELS.—No later than 90 days after the 

4 date of enactment of this Act, the Secretary shall issue a 

5 notice of proposed rulemaking regarding inspection require6 ments for towing vessels required under section 3306(j) of 

7 title 46, United States Code. The Secretary shall issue a 

8 final rule pursuant to that rulemaking no later than 1 year 

9 after the date of enactment of this Act. 

10 SEC. 702. OIL TRANSFERS FROM VESSELS. 

11 (a) REGULATIONS.—Within 1 year after the date of 

12 enactment of this Act, the Secretary shall promulgate regu13 lations to reduce the risks of oil spills in operations involv14 ing the transfer of oil from or to a tank vessel. The regula15 tions— 

16 (1) shall focus on operations that have the high17 est risks of discharge, including operations at night 

18 and in inclement weather; 

19 (2) shall consider— 

20 (A) requirements for the use of equipment, 

21 such as putting booms in place for transfers, 

22 safety, and environmental impacts; 

23 (B) operational procedures such as man24 ning standards, communications protocols, and 

25 restrictions on operations in high-risk areas; or 
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1 (C) both such requirements and operational 

2 procedures; and 

3 (3) shall take into account the safety of personnel 

4 and effectiveness of available procedures and equip5 ment for preventing or mitigating transfer spills. 

6 (b) APPLICATION WITH STATE LAWS.—The regula7 tions promulgated under subsection (a) do not preclude the 

8 enforcement of any State law or regulation the requirements 

9 of which are at least as stringent as requirements under 

10 the regulations (as determined by the Secretary) that— 

11 (1) applies in State waters; and 

12 (2) does not conflict with, or interfere with the 

13 enforcement of, requirements and operational proce14 dures under the regulations. 

15 SEC. 703. IMPROVEMENTS TO REDUCE HUMAN ERROR AND 

16 NEAR MISS INCIDENTS. 

17 (a) REPORT.—Within 1 year after the date of enact18 ment of this Act, the Secretary shall transmit a report to 

19 the Senate Committee on Commerce, Science, and Trans20 portation and the House Committee on Transportation and 

21 Infrastructure that, using available data— 

22 (1) identifies the types of human errors that, 

23 combined, could cause oil spills, with particular at24 tention to human error caused by fatigue, in the past 

25 10 years; 
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1 (2) in consultation with representatives of indus2 try and labor and experts in the fields of marine cas3 ualties and human factors, identifies the most fre4 quent types of near-miss oil spill incidents involving 

5 vessels such as collisions, allisions, groundings, and 

6 loss of propulsion in the past 10 years; 

7 (3) describes the extent to which there are gaps 

8 in the data required under paragraphs (1) and (2), 

9 including gaps in the ability to define and identify 

10 fatigue, and explains the reason for those gaps; and 

11 (4) includes recommendations by the Secretary 

12 and representatives of industry and labor and experts 

13 in the fields of marine casualties and human factors 

14 to address the identified types of errors and any such 

15 gaps in the data. 

16 (b) MEASURES.—Based on the findings contained in 

17 the report required by subsection (a), the Secretary shall 

18 take appropriate action to reduce the risk of oil spills 

19 caused by human error. 

20 (c) CONFIDENTIALITY OF VOLUNTARILY SUBMITTED

21 INFORMATION.—The identity of a person making a vol22 untary disclosure under this section, and any information 

23 obtained from any such voluntary disclosure, shall be treat24 ed as confidential. 
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1 (d) DISCOVERY OF VOLUNTARILY SUBMITTED INFOR2 MATION.— 

3 (1) IN GENERAL.—Except as provided in this 

4 subsection, a party in a judicial proceeding may not 

5 use discovery to obtain information or data collected 

6 or received by the Secretary for use in the report re7 quired in subsection (a). 

8 (2) EXCEPTION.— 

9 (A) Notwithstanding paragraph (1), a court 

10 may allow discovery by a party in a judicial 

11 proceeding of data described in paragraph (1) if, 

12 after an in camera review of the information or 

13 data, the court decides that there is a compelling 

14 reason to allow the discovery. 

15 (B) When a court allows discovery in a ju16 dicial proceeding as permitted under this para17 graph, the court shall issue a protective order— 

18 (i) to limit the use of the data to the 

19 judicial proceeding; and 

20 (ii) to prohibit dissemination of the 

21 data to any person who does not need access 

22 to the data for the proceeding. 

23 (C) A court may allow data it has decided 

24 is discoverable under this paragraph to be ad25 mitted into evidence in a judicial proceeding 
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1 only if the court places the data under seal to 

2 prevent the use of the data for a purpose other 

3 than for the proceeding. 

4 (3) APPLICATION.—Paragraph (1) shall not 

5 apply to— 

6 (A) any disclosure made with actual knowl7 edge that the disclosure was false, inaccurate, or 

8 misleading; or 

9 (B) any disclosure made with reckless dis10 regard as to the truth or falsity of that disclo11 sure. 

12 (e) RESTRICTION ON USE OF DATA.—Data that is vol13 untarily submitted for the purpose of the study required 

14 under subsection (a) shall not be used in an administrative 

15 action under chapter 77 of title 46, United States Code. 

16 SEC. 704. OLYMPIC COAST NATIONAL MARINE SANCTUARY. 

17 The Secretary of the Department in which the Coast 

18 Guard is operating and the Under Secretary of Commerce 

19 for Oceans and Atmosphere shall revise the area to be avoid20 ed off the coast of the State of Washington so that restric21 tions apply to all vessels required to prepare a response 

22 plan pursuant to section 311(j) of the Federal Water Pollu23 tion Control Act (33 U.S.C. 1321(j)) (other than fishing or 

24 research vessels while engaged in fishing or research within 

25 the area to be avoided). 
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1 SEC. 705. PREVENTION OF SMALL OIL SPILLS. 

2 (a) PREVENTION AND EDUCATION PROGRAM.—The 

3 Under Secretary of Commerce for Oceans and Atmosphere, 

4 in consultation with the Secretary of the Department in 

5 which the Coast Guard is operating and other appropriate 

6 agencies, shall establish an oil spill prevention and edu7 cation program for small vessels. The program shall provide 

8 for assessment, outreach, and training and voluntary com9 pliance activities to prevent and improve the effective re10 sponse to oil spills from vessels and facilities not required 

11 to prepare a vessel response plan under the Federal Water 

12 Pollution Control Act (33 U.S.C. 1251 et seq.), including 

13 recreational vessels, commercial fishing vessels, marinas, 

14 and aquaculture facilities. The Under Secretary may pro15 vide grants to sea grant colleges and institutes designated 

16 under section 207 of the National Sea Grant College Pro17 gram Act (33 U.S.C. 1126) and to State agencies, tribal 

18 governments, and other appropriate entities to carry out— 

19 (1) regional assessments to quantify the source, 

20 incidence and volume of small oil spills, focusing ini21 tially on regions in the country where, in the past 10 

22 years, the incidence of such spills is estimated to be 

23 the highest; 

24 (2) voluntary, incentive-based clean marina pro25 grams that encourage marina operators, recreational 

26 boaters, and small commercial vessel operators to en-
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1 gage in environmentally sound operating and mainte2 nance procedures and best management practices to 

3 prevent or reduce pollution from oil spills and other 

4 sources; 

5 (3) cooperative oil spill prevention education 

6 programs that promote public understanding of the 

7 impacts of spilled oil and provide useful information 

8 and techniques to minimize pollution, including 

9 methods to remove oil and reduce oil contamination 

10 of bilge water, prevent accidental spills during main11 tenance and refueling and properly cleanup and dis12 pose of oil and hazardous substances; and 

13 (4) support for programs, including outreach 

14 and education to address derelict vessels and the 

15 threat of such vessels sinking and discharging oil and 

16 other hazardous substances, including outreach and 

17 education to involve efforts to the owners of such ves18 sels. 

19 (b) AUTHORIZATION OF APPROPRIATIONS.—There are 

20 authorized to be appropriated to the Under Secretary of 

21 Commerce for Oceans and Atmosphere to carry out this sec22 tion, $10,000,000 for each of fiscal years 2010 through 

23 2014. 
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1 SEC. 706. IMPROVED COORDINATION WITH TRIBAL GOV2 ERNMENTS. 

3 (a) IN GENERAL.—Within 6 months after the date of 

4 enactment of this Act, the Secretary of the Department in 

5 which the Coast Guard is operating shall complete the devel6 opment of a tribal consultation policy, which recognizes and 

7 protects to the maximum extent practicable tribal treaty 

8 rights and trust assets in order to improve the Coast 

9 Guard’s consultation and coordination with the tribal gov10 ernments of federally recognized Indian tribes with respect 

11 to oil spill prevention, preparedness, response and natural 

12 resource damage assessment. 

13 (b) INCLUSION OF TRIBAL GOVERNMENT.—The Sec14 retary of the Department in which the Coast Guard is oper15 ating shall ensure that, as soon as practicable after identi16 fying an oil spill that is likely to have a significant impact 

17 on natural or cultural resources owned or directly utilized 

18 by a federally recognized Indian tribe, the Coast Guard 

19 will— 

20 (1) ensure that representatives of the tribal gov21 ernment of the affected tribes are included as part of 

22 the incident command system established by the Coast 

23 Guard to respond to the spill; 

24 (2) share information about the oil spill with the 

25 tribal government of the affected tribe; and 
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1 (3) to the extent practicable, involve tribal gov2 ernments in deciding how to respond to the spill. 

3 (c) COOPERATIVE ARRANGEMENTS.—The Coast Guard 

4 may enter into memoranda of agreement and associated 

5 protocols with Indian tribal governments in order to estab6 lish cooperative arrangements for oil pollution prevention, 

7 preparedness, and response. Such memoranda may be en8 tered into prior to the development of the tribal consultation 

9 and coordination policy to provide Indian tribes grant and 

10 contract assistance. Such memoranda of agreement and as11 sociated protocols with Indian tribal governments may in12 clude— 

13 (1) arrangements for the assistance of the tribal 

14 government to participate in the development of the 

15 National Contingency Plan and local Area Contin16 gency Plans to the extent they affect tribal lands, cul17 tural and natural resources; 

18 (2) arrangements for the assistance of the tribal 

19 government to develop the capacity to implement the 

20 National Contingency Plan and local Area Contin21 gency Plans to the extent they affect tribal lands, cul22 tural and natural resources; 

23 (3) provisions on coordination in the event of a 

24 spill, including agreements that representatives of the 

25 tribal government will be included as part of the re-
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1 gional response team co-chaired by the Coast Guard 

2 and the Environmental Protection Agency to establish 

3 policies for responding to oil spills; 

4 (4) arrangements for the Coast Guard to provide 

5 training of tribal incident commanders and spill re6 sponders for oil spill preparedness and response; 

7 (5) demonstration projects to assist tribal gov8 ernments in building the capacity to protect tribal 

9 treaty rights and trust assets from oil spills; and 

10 (6) such additional measures the Coast Guard 

11 determines to be necessary for oil pollution preven12 tion, preparedness, and response. 

13 (d) FUNDING FOR TRIBAL PARTICIPATION.—Subject to 

14 the availability of appropriations, the Commandant of the 

15 Coast Guard shall provide assistance to participating tribal 

16 governments in order to facilitate the implementation of co17 operative arrangements under subsection (c) and ensure the 

18 participation of tribal governments in such arrangements. 

19 There are authorized to be appropriated to the Com20 mandant $500,000 for each of fiscal years 2010 through 

21 2014 to be used to carry out this section. 

22 SEC. 707. REPORT ON AVAILABILITY OF TECHNOLOGY TO 

23 DETECT THE LOSS OF OIL. 

24 Within 1 year after the date of enactment of this Act, 

25 the Secretary of the Department in which the Coast Guard 
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1 is operating shall submit a report to the Senate Committee 

2 on Commerce, Science, and Transportation and the House 

3 of Representatives Committee on Transportation and Infra4 structure on the availability, feasibility, and potential cost 

5 of technology to detect the loss of oil carried as cargo or 

6 as fuel on tank and non-tank vessels greater than 400 gross 

7 tons. 

8 SEC. 708. USE OF OIL SPILL LIABILITY TRUST FUND. 

9 (a) IN GENERAL.—Section 1012(a)(5) of the Oil Pollu10 tion Act of 1990 (33 U.S.C. 2712(a)(5)) is amended— 

11 (1) by redesignating subparagraphs (B) and (C) 

12 as subparagraphs (C) and (D), respectively; and 

13 (2) by inserting after subparagraph (A) the fol14 lowing: 

15 ‘‘(B) not more than $15,000,000 in each fis16 cal year shall be available to the Under Sec17 retary of Commerce for Oceans and Atmosphere 

18 for expenses incurred by, and activities related 

19 to, response and damage assessment capabilities 

20 of the National Oceanic and Atmospheric Ad21 ministration;’’. 

22 (b) AUDITS; ANNUAL REPORTS.—Section 1012 of the 

23 Oil Pollution Act of 1990 (33 U.S.C. 2712) is amended— 

24 (1) by striking subsection (g) and inserting the 

25 following: 
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1 ‘‘(g) AUDITS.— 

2 ‘‘(1) IN GENERAL.—The Comptroller General of 

3 the United States shall conduct an audit, including 

4 a detailed accounting of each disbursement from the 

5 Fund in excess of $500,000 that is— 

6 ‘‘(A) disbursed by the National Pollution 

7 Fund Center and not reimbursed by the respon8 sible party; and 

9 ‘‘(B) administered and managed by the re10 ceiving Federal agencies, including final pay11 ments made to agencies and contractors and, to 

12 the extent possible, subcontractors. 

13 ‘‘(2) FREQUENCY.—The audits shall be con14 ducted— 

15 ‘‘(A) at least once every 3 years after the 

16 date of enactment of the Coast Guard Authoriza17 tion Act of 2010 until 2016; and 

18 ‘‘(B) at least once every 5 years after the 

19 last audit conducted under subparagraph (A). 

20 ‘‘(3) SUBMISSION OF RESULTS.—The Comp21 troller shall submit the results of each audit conducted 

22 under paragraph (1) to— 

23 ‘‘(A) the Senate Committee on Commerce, 

24 Science, and Transportation; 
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1 ‘‘(B) the House of Representatives Com2 mittee on Transportation and Infrastructure; 

3 and 

4 ‘‘(C) the Secretary or Administrator of each 

5 agency referred to in paragraph (1)(B).’’; and 

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

7 ‘‘(l) REPORTS.— 

8 ‘‘(1) IN GENERAL.—Within one year after the 

9 date of enactment of the Coast Guard Authorization 

10 Act of 2010, and annually thereafter, the President, 

11 through the Secretary of the Department in which the 

12 Coast Guard is operating, shall— 

13 ‘‘(A) provide a report on disbursements for 

14 the preceding fiscal year from the Fund, regard15 less of whether those disbursements were subject 

16 to annual appropriations, to— 

17 ‘‘(i) the Senate Committee on Com18 merce, Science, and Transportation; and 

19 ‘‘(ii) the House of Representatives 

20 Committee on Transportation and Infra21 structure; and 

22 ‘‘(B) make the report available to the public 

23 on the National Pollution Funds Center Internet 

24 website. 

25 ‘‘(2) CONTENTS.—The report shall include— 
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1 ‘‘(A) a list of each disbursement of $250,000 

2 or more from the Fund during the preceding fis3 cal year; and 

4 ‘‘(B) a description of how each such use of 

5 the Fund meets the requirements of subsection 

6 (a). 

7 ‘‘(3) AGENCY RECORDKEEPING.—Each Federal 

8 agency that receives amounts from the Fund shall 

9 maintain records describing the purposes for which 

10 such funds were obligated or expended in such detail 

11 as the Secretary may require for purposes of the re12 port required under paragraph (1).’’. 

13 SEC. 709. INTERNATIONAL EFFORTS ON ENFORCEMENT. 

14 The Secretary of the department in which the Coast 

15 Guard is operating, in consultation with the heads of other 

16 appropriate Federal agencies, shall ensure that the Coast 

17 Guard pursues stronger enforcement in the International 

18 Maritime Organization of agreements related to oil dis19 charges, including joint enforcement operations, training, 

20 and stronger compliance mechanisms. 

21 SEC. 710. HIGHER VOLUME PORT AREA REGULATORY DEFI22 NITION CHANGE. 

23 (a) IN GENERAL.—Within 1 year after the date of en24 actment of this Act, the Commandant shall initiate a rule25 making proceeding to modify the definition of the term 
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1 ‘‘higher volume port area’’ in section 155.1020 of the Coast 

2 Guard regulations (33 C.F.R. 155.1020) by striking ‘‘Port 

3 Angeles, WA’’ in paragraph (13) of that section and insert4 ing ‘‘Cape Flattery, WA’’. 

5 (b) VESSEL RESPONSE PLAN REVIEWS.—Within 5 

6 years after the date of enactment of this Act, the Coast 

7 Guard shall complete its review of any changes to vessel 

8 response plans under the Federal Water Pollution Control 

9 Act (33 U.S.C. 1251 et seq.) resulting from the modification 

10 of the higher volume port area definition required by sub11 section (a). 

12 SEC. 711. TUG ESCORTS FOR LADEN OIL TANKERS. 

13 (a) COMPARABILITY ANALYSIS.— 

14 (1) IN GENERAL.—Within 1 year after the date 

15 of enactment of this Act, the Commandant, in con16 sultation with the Secretary of State, is strongly en17 couraged to enter into negotiations with the Govern18 ment of Canada to update the comparability analysis 

19 which serves as the basis for the Cooperative Vessel 

20 Traffic Service agreement between the United States 

21 and Canada for the management of maritime traffic 

22 in Puget Sound, the Strait of Georgia, Haro Strait, 

23 Rosario Strait, and the Strait of Juan de Fuca. The 

24 updated analysis shall, at a minimum, consider— 
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1 (A) requirements for laden tank vessels to be 

2 escorted by tug boats; 

3 (B) vessel emergency response towing capa4 bility at the entrance to the Strait of Juan de 

5 Fuca; and 

6 (C) spill response capability throughout the 

7 shared water, including oil spill response plan8 ning requirements for vessels bound for one na9 tion transiting through the waters of the other 

10 nation. 

11 (2) CONSULTATION REQUIREMENT.—In con12 ducting the analysis required under this subsection, 

13 the Commandant shall consult with the State of 

14 Washington and affected tribal governments. 

15 (3) RECOMMENDATIONS.—Within 18 months 

16 after the date of enactment of this Act, the Com17 mandant shall submit recommendations based on the 

18 analysis required under this subsection to the Senate 

19 Committee on Commerce, Science, and Transpor20 tation and the House of Representatives Committee 

21 on Transportation and Infrastructure. The rec22 ommendations shall consider a full range of options 

23 for the management of maritime traffic, including 

24 Federal legislation, promulgation of Federal rules, 

25 and the establishment of cooperative agreements for 
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1 shared funding of spill prevention and response sys2 tems. 

3 (b) DUAL ESCORT VESSELS FOR DOUBLE HULLED

4 TANKERS IN PRINCE WILLIAM SOUND, ALASKA.— 

5 (1) IN GENERAL.—Section 4116(c) of the Oil 

6 Pollution Act of 1990 (46 U.S.C. 3703 note) is 

7 amended— 

8 (A) by striking ‘‘Not later than 6 months 

9 after the date of the enactment of this Act, the’’ 

10 and inserting ‘‘(1) IN GENERAL.—The’’; and 

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

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

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

14 paragraph (1) relating to single hulled tankers 

15 in Prince William Sound, Alaska, described in 

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

19 promulgated in accordance with section 

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

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

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

24 tankers) shall apply to double hulled tankers over 
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1 5,000 gross tons transporting oil in bulk in 

2 Prince William Sound, Alaska. 

3 ‘‘(B) IMPLEMENTATION OF REQUIRE4 MENTS.—The Secretary of the department in 

5 which the Coast Guard is operating shall pre6 scribe interim final regulations to carry out sub7 paragraph (A) as soon as practicable without 

8 notice and hearing pursuant to section 553 of 

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

10 (2) EFFECTIVE DATE.—The amendments made 

11 by subsection (b) take effect on the date that is 90 

12 days after the date of enactment of this Act. 

13 (c) PRESERVATION OF STATE AUTHORITY.—Nothing 

14 in this Act or in any other provision of Federal law related 

15 to the regulation of maritime transportation of oil shall af16 fect, or be construed or interpreted as preempting, the au17 thority of any State or political subdivision thereof which 

18 require the escort by one or more tugs of laden oil tankers 

19 in the areas which are specified in section 4116(c) of the 

20 Oil Pollution Act of 1990 (46 U.S.C. 3703 note). 

21 (d) VESSEL TRAFFIC RISK ASSESSMENT.— 

22 (1) REQUIREMENT.—The Commandant of the 

23 Coast Guard, acting through the appropriate Area 

24 Committee established under section 311(j)(4) of the 

25 Federal Water Pollution Control Act, shall prepare a 
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1 vessel traffic risk assessment for Cook Inlet, Alaska, 

2 within 1 year after the date of enactment of this Act. 

3 (2) CONTENTS.—The assessment shall describe, 

4 for the region covered by the assessment— 

5 (A) the amount and character of present 

6 and estimated future shipping traffic in the re7 gion; and 

8 (B) the current and projected use and effec9 tiveness in reducing risk, of— 

10 (i) traffic separation schemes and rout11 ing measures; 

12 (ii) long-range vessel tracking systems 

13 developed under section 70115 of title 46, 

14 United States Code; 

15 (iii) towing, response, or escort tugs; 

16 (iv) vessel traffic services; 

17 (v) emergency towing packages on ves18 sels; 

19 (vi) increased spill response equipment 

20 including equipment appropriate for severe 

21 weather and sea conditions; 

22 (vii) the Automatic Identification Sys23 tem developed under section 70114 of title 

24 46, United States Code; 
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1 (viii) particularly sensitive sea areas, 

2 areas to be avoided, and other traffic exclu3 sion zones; 

4 (ix) aids to navigation; and 

5 (x) vessel response plans. 

6 (3) RECOMMENDATIONS.— 

7 (A) IN GENERAL.—The assessment shall in8 clude any appropriate recommendations to en9 hance the safety, or lessen potential adverse envi10 ronmental impacts, of marine shipping. 

11 (B) CONSULTATION.—Before making any 

12 recommendations under paragraph (1) for a re13 gion, the Area Committee shall consult with af14 fected local, State, and Federal government agen15 cies, representatives of the fishing industry, Alas16 ka Natives from the region, the conservation 

17 community, and the merchant shipping and oil 

18 transportation industries. 

19 (4) PROVISION TO CONGRESS.—The Com20 mandant shall provide a copy of the assessment to the 

21 Committee on Transportation and Infrastructure of 

22 the House of Representatives and the Committee on 

23 Commerce, Science, and Transportation of the Senate. 
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1 SEC. 712. EXTENSION OF FINANCIAL RESPONSIBILITY. 

2 Section 1016(a) of the Oil Pollution Act of 1990 (33 

3 U.S.C. 2716(a)) is amended— 

4 (1) by striking ‘‘or’’ after the semicolon in para5 graph (1); 

6 (2) by inserting ‘‘or’’ after the semicolon in 

7 paragraph (2); and 

8 (3) by inserting after paragraph (2) the fol9 lowing: 

10 ‘‘(3) any tank vessel over 100 gross tons using 

11 any place subject to the jurisdiction of the United 

12 States;’’. 

13 SEC. 713. LIABILITY FOR USE OF SINGLE-HULL VESSELS. 

14 Section 1001(32)(A) of the Oil Pollution Act of 1990 

15 (33 U.S.C. 2701(32)(A)) is amended by inserting ‘‘In the 

16 case of a vessel, the term ‘responsible party’ also includes 

17 the owner of oil being transported in a tank vessel with 

18 a single hull after December 31, 2010 (other than a vessel 

19 described in section 3703a(b)(3) of title 46, United States 

20 Code).’’ after ‘‘vessel.’’. 

21 TITLE VIII—PORT SECURITY 

22 SEC. 801. AMERICA’S WATERWAY WATCH PROGRAM. 

23 (a) IN GENERAL.—Chapter 701 of title 46, United 

24 States Code, is amended by adding at the end thereof the 

25 following: 
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1 ‘‘§ 70122. Waterway watch program 

2 ‘‘(a) PROGRAM ESTABLISHED.—There is hereby estab3 lished, within the Coast Guard, the America’s Waterway 

4 Watch Program. 

5 ‘‘(b) PURPOSE.—The Secretary shall administer the 

6 Program in a manner that promotes voluntary reporting 

7 of activities that may indicate that a person or persons may 

8 be preparing to engage or engaging in a violation of law 

9 relating to a threat or an act of terrorism (as that term 

10 is defined in section 3077 of title 18) against a vessel, facil11 ity, port, or waterway. 

12 ‘‘(c) INFORMATION; TRAINING.— 

13 ‘‘(1) INFORMATION.—The Secretary may estab14 lish, as an element of the Program, a network of indi15 viduals and community-based organizations that en16 courage the public and industry to recognize activities 

17 referred to in subsection (b), promote voluntary re18 porting of such activity, and enhance the situational 

19 awareness within the Nation’s ports and waterways. 

20 Such network shall, to the extent practicable, be con21 ducted in cooperation with Federal, State, and local 

22 law enforcement agencies. 

23 ‘‘(2) TRAINING.—The Secretary may provide 

24 training in— 

25 ‘‘(A) observing and reporting on covered ac26 tivities; and 
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1 ‘‘(B) sharing such reports and coordinating 

2 the response by Federal, State, and local law en3 forcement agencies. 

4 ‘‘(d) VOLUNTARY PARTICIPATION.—Participation in 

5 the Program— 

6 ‘‘(1) shall be wholly voluntary; 

7 ‘‘(2) shall not be a prerequisite to eligibility for, 

8 or receipt of, any other service or assistance from, or 

9 to participation in, any other program of any kind; 

10 and 

11 ‘‘(3) shall not require disclosure of information 

12 regarding the individual reporting covered activities 

13 or, for proprietary purposes, the location of such indi14 vidual. 

15 ‘‘(e) COORDINATION.—The Secretary shall coordinate 

16 the Program with other like watch programs. The Secretary 

17 shall submit, concurrent with the President’s budget sub18 mission for each fiscal year, a report on coordination of 

19 the Program and like watch programs within the Depart20 ment of Homeland Security to the Committee on Commerce, 

21 Science, and Transportation of the Senate and the Com22 mittee on Homeland Security of the House of Representa23 tives. 

24 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are 

25 authorized to be appropriated for the purposes of this sec-
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1 tion $3,000,000 for each of fiscal years 2011 through 2016. 

2 Such funds shall remain available until expended.’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents for 

4 chapter 701 of title 46, United States Code, is amended by 

5 inserting after the item relating to section 70121 the fol6 lowing: 

‘‘70122. Waterway watch program.’’. 

7 SEC. 802. TRANSPORTATION WORKER IDENTIFICATION 

8 CREDENTIAL. 

9 (a) IN GENERAL.—Not later than 120 days after com10 pleting the pilot program under section 70105(k)(1) of title 

11 46, United States Code, to test TWIC access control tech12 nologies at port facilities and vessels nationwide, the Sec13 retary of Homeland Security shall submit to the Committee 

14 on Homeland Security and the Committee on Transpor15 tation and Infrastructure of the House of Representatives, 

16 the Committee on Commerce, Science, and Transportation 

17 of the Senate, and to the Comptroller General a report con18 taining an assessment of the results of the pilot. The report 

19 shall include— 

20 (1) the findings of the pilot program with respect 

21 to key technical and operational aspects of imple22 menting TWIC technologies in the maritime sector; 

23 (2) a comprehensive listing of the extent to which 

24 established metrics were achieved during the pilot 

25 program; and 
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1 (3) an analysis of the viability of those tech2 nologies for use in the maritime environment, includ3 ing any challenges to implementing those technologies 

4 and strategies for mitigating identified challenges. 

5 (b) GAO ASSESSMENT.—The Comptroller General 

6 shall review the report and submit to the Committee on 

7 Homeland Security and the Committee on Transportation 

8 and Infrastructure of the House of Representatives, and the 

9 Committee on Commerce, Science, and Transportation of 

10 the Senate an assessment of the report’s findings and rec11 ommendations. 

12 SEC. 803. INTERAGENCY OPERATIONAL CENTERS FOR PORT 

13 SECURITY. 

14 Section 70107A(b) of title 46, United States Code, is 

15 amended— 

16 (1) by striking paragraph (3); 

17 (2) by redesignating paragraphs (1) and (2) as 

18 paragraphs (2) and (3), respectively; 

19 (3) by inserting before paragraph (2), as so re20 designated, the following: 

21 ‘‘(1)(A) include— 

22 ‘‘(i) information management systems, and 

23 ‘‘(ii) sensor management systems; and 

24 ‘‘(B) where practicable, provide for the physical 

25 co-location of the Coast Guard and, as the Secretary 
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1 determines appropriate, representatives of the United 

2 States Customs and Border Protection, the United 

3 States Immigration and Customs Enforcement, the 

4 Transportation Security Administration, the Depart5 ment of Justice, the Department of Defense, and other 

6 Federal agencies, State and local law enforcement or 

7 port security personnel, members of the Area Mari8 time Security Committee, and other public and pri9 vate sector stakeholders adversely affected by a trans10 portation security incident or transportation disrup11 tion;’’; and 

12 (4) in paragraph (2), as so redesignated— 

13 (A) by striking ‘‘existing centers, includ14 ing—’’ and inserting ‘‘existing centers;’’; and 

15 (B) by striking subparagraph (A) and (B); 

16 and 

17 (5) by adding ‘‘and’’ at the end of paragraph 

18 (3), as so redesignated. 

19 SEC. 804. DEPLOYABLE, SPECIALIZED FORCES. 

20 (a) IN GENERAL.—Section 70106 of title 46, United 

21 States Code, is amended to read as follows: 

22 ‘‘§ 70106. Deployable, specialized forces 

23 ‘‘(a) ESTABLISHMENT.— 

24 ‘‘(1) IN GENERAL.—To enhance the domestic 

25 maritime security capability of the United States, the 
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1 Secretary shall establish deployable specialized forces 

2 of varying capabilities as are needed to safeguard the 

3 public and protect vessels, harbors, ports, facilities, 

4 and cargo in waters subject to the jurisdiction of the 

5 United States from destruction, loss or injury from 

6 crime, or sabotage due to terrorist activity, and to re7 spond to such activity in accordance with the trans8 portation security plans developed under section 

9 70103. 

10 ‘‘(2) ENHANCED TEAMS.—Such specialized forces 

11 shall include no less than two enhanced teams to serve 

12 as deployable forces capable of combating terrorism, 

13 engaging in interdiction, law enforcement, and ad14 vanced tactical maritime security operations to ad15 dress known or potentially armed security threats (in16 cluding non-compliant actors at sea), and partici17 pating in homeland security, homeland defense, and 

18 counterterrorism exercises in the maritime environ19 ment. 

20 ‘‘(b) MISSION.—The combined force of the specialized 

21 forces established under subsection (a) shall be trained, 

22 equipped, and capable of being deployed to— 

23 ‘‘(1) deter, protect against, and rapidly respond 

24 to threats of maritime terrorism; 
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1 ‘‘(2) conduct maritime operations to protect 

2 against and disrupt illegal use, access to, or prolifera3 tion of weapons of mass destruction; 

4 ‘‘(3) enforce moving or fixed safety or security 

5 zones established pursuant to law; 

6 ‘‘(4) conduct high speed intercepts; 

7 ‘‘(5) board, search, and seize any article or thing 

8 on or at, respectively, a vessel or facility found to 

9 present a risk to the vessel or facility, or to a port; 

10 ‘‘(6) rapidly deploy to supplement United States 

11 armed forces domestically or overseas; 

12 ‘‘(7) respond to criminal or terrorist acts so as 

13 to minimize, insofar as possible, the disruption 

14 caused by such acts; 

15 ‘‘(8) assist with facility vulnerability assessments 

16 required under this chapter; and 

17 ‘‘(9) carry out any other missions of the Coast 

18 Guard as are assigned to it by the Secretary. 

19 ‘‘(c) MINIMIZATION OF RESPONSE TIMES.—The en20 hanced teams established under subsection (a)(2) shall, to 

21 the extent practicable, be stationed in such a way so as to 

22 minimize the response time to maritime terrorist threats 

23 and potential or actual transportation security incidents. 

24 ‘‘(d) COORDINATION WITH OTHER AGENCIES.—To the 

25 maximum extent feasible, the combined force of the special-
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1 ized forces established under subsection (a) shall coordinate 

2 their activities with other Federal, State, and local law en3 forcement and emergency response agencies.’’. 

4 (b) CLERICAL AMENDMENT.—The table of contents for 

5 chapter 701 of title 46, United States Code, is amended by 

6 striking the item relating to section 70106 and inserting 

7 the following: 

‘‘70106. Deployable, specialized forces.’’. 

8 SEC. 805. COAST GUARD DETECTION CANINE TEAM PRO9 GRAM EXPANSION. 

10 (a) DEFINITIONS.—For purposes of this section: 

11 (1) CANINE DETECTION TEAM.—The term ‘‘detec12 tion canine team’’ means a canine and a canine han13 dler that are trained to detect narcotics or explosives, 

14 or other threats as defined by the Secretary. 

15 (2) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of Homeland Security. 

17 (b) DETECTION CANINE TEAMS.— 

18 (1) INCREASED CAPACITY.—Not later than 1 

19 year after the date of enactment of this Act, and sub20 ject to the availability of appropriations, the Sec21 retary shall— 

22 (A) begin to increase the number of detec23 tion canine teams certified by the Coast Guard 

24 for the purposes of maritime-related security by 
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1 no fewer than 10 canine teams annually through 

2 fiscal year 2012; and 

3 (B) encourage owners and operators of port 

4 facilities, passenger cruise liners, oceangoing 

5 cargo vessels, and other vessels identified by the 

6 Secretary to strengthen security through the use 

7 of highly trained detection canine teams. 

8 (2) CANINE PROCUREMENT.—The Secretary, act9 ing through the Commandant of the Coast Guard, 

10 shall procure detection canine teams as efficiently as 

11 possible, including, to the greatest extent possible, 

12 through increased domestic breeding, while meeting 

13 the performance needs and criteria established by the 

14 Commandant. 

15 (c) DEPLOYMENT.—The Secretary shall prioritize de16 ployment of the additional canine teams to ports based on 

17 risk, consistent with the Security and Accountability For 

18 Every Port Act of 2006 (Public Law 109–347). 

19 SEC. 806. COAST GUARD PORT ASSISTANCE PROGRAM. 

20 (a) FOREIGN PORT ASSESSMENT.—Chapter 701 of 

21 title 46, United States Code, is amended— 

22 (1) by adding at the end of section 70108 the fol23 lowing: 

24 ‘‘(e) LIMITATION ON STATUTORY CONSTRUCTION.— 

25 The absence of an inspection of a foreign port shall not bar 
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1 the Secretary from making a finding that a port in a for2 eign country does not maintain effective antiterrorism 

3 measures.’’; 

4 (2) by striking ‘‘If the Secretary, after con5 ducting an assessment under section 70108, finds that 

6 a port in a foreign country does not maintain effec7 tive antiterrorism measures,’’ in section 70109(a) and 

8 inserting ‘‘Unless the Secretary finds that a port in 

9 a foreign country maintains effective antiterrorism 

10 measures,’’; and 

11 (3) by striking ‘‘If the Secretary finds that a for12 eign port does not maintain effective antiterrorism 

13 measures,’’ in section 70110(a) and inserting ‘‘Unless 

14 the Secretary finds that a foreign port maintains ef15 fective antiterrorism measures,’’. 

16 (b) ASSISTANCE PROGRAM.—Section 70110 of title 46, 

17 United States Code, is amended by adding at the end the 

18 following: 

19 ‘‘(f) COAST GUARD ASSISTANCE PROGRAM.— 

20 ‘‘(1) IN GENERAL.—The Secretary may lend, 

21 lease, donate, or otherwise provide equipment, and 

22 provide technical training and support, to the owner 

23 or operator of a foreign port or facility— 

24 ‘‘(A) to assist in bringing the port or facil25 ity into compliance with applicable Inter-
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1 national Ship and Port Facility Code standards; 

2 and 

3 ‘‘(B) to assist the port or facility in cor4 recting deficiencies identified in periodic port as5 sessments and reassessments required under sec6 tion 70108 of this title. 

7 ‘‘(2) CONDITIONS.—The Secretary— 

8 ‘‘(A) may provide such assistance based 

9 upon an assessment of the risks to the security 

10 of the United States and the inability of the 

11 owner or operator of the port or facility to bring 

12 the port or facility into compliance with those 

13 standards and to maintain compliance with, or 

14 exceed, such standards; 

15 ‘‘(B) may not provide such assistance unless 

16 the port or facility has been subjected to a com17 prehensive port security assessment by the Coast 

18 Guard; and 

19 ‘‘(C) may only lend, lease, or otherwise pro20 vide equipment that the Secretary has first deter21 mined is not required by the Coast Guard for the 

22 performance of its missions.’’. 

23 (c) SAFETY AND SECURITY ASSISTANCE FOR FOREIGN

24 PORTS.— 
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1 (1) IN GENERAL.—Section 70110(e)(1) of title 

2 46, United States Code, is amended by striking the 

3 second sentence and inserting the following: ‘‘The Sec4 retary shall establish a strategic plan to utilize those 

5 assistance programs to assist ports and facilities that 

6 are found by the Secretary under subsection (a) not 

7 to maintain effective antiterrorism measures in the 

8 implementation of port security antiterrorism meas9 ures.’’. 

10 (2) CONFORMING AMENDMENTS.— 

11 (A) Section 70110 of title 46, United States 

12 Code, is amended— 

13 (i) by inserting ‘‘OR FACILITIES’’ 

14 after ‘‘PORTS’’ in the section heading; 

15 (ii) by inserting ‘‘or facility’’ after 

16 ‘‘port’’ each place it appears; and 

17 (iii) by striking ‘‘PORTS’’ in the head18 ing for subsection (e) and inserting ‘‘PORTS, 

19 FACILITIES,’’. 

20 (B) Section 70108(c) of such title is amend21 ed— 

22 (i) by striking paragraph (2); and 

23 (ii) by redesignating paragraphs (3) 

24 and (4) as paragraphs (2) and (3), respec25 tively. 
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1 (C) The table of contents for chapter 701 of 

2 title 46, United States Code, is amended by 

3 striking the item relating to section 70110 and 

4 inserting the following: 

‘‘70110. Actions and assistance for foreign ports or facilities and United States 

territories.’’. 

5 SEC. 807. MARITIME BIOMETRIC IDENTIFICATION. 

6 (a) IN GENERAL.—Chapter 701 of title 46, United 

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

8 following: 

9 ‘‘§ 70123. Mobile biometric identification 

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

11 the enactment of the Coast Guard Authorization Act of 

12 2010, the Secretary shall conduct, in the maritime environ13 ment, a program for the mobile biometric identification of 

14 suspected individuals, including terrorists, to enhance bor15 der security and for other purposes. 

16 ‘‘(b) REQUIREMENTS.—The Secretary shall ensure the 

17 program required in this section is coordinated with other 

18 biometric identification programs within the Department 

19 of Homeland Security. 

20 ‘‘(c) DEFINITION.—For the purposes of this section, the 

21 term ‘biometric identification’ means use of fingerprint and 

22 digital photography images and facial and iris scan tech23 nology and any other technology considered applicable by 

24 the Department of Homeland Security.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of sections at 

2 the beginning of such chapter is amended by adding at the 

3 end the following: 

‘‘70123. Mobile biometric identification.’’. 

4 (c) COST ANALYSIS.—Within 90 days after the date 

5 of the enactment of this Act, the Secretary of the department 

6 in which the Coast Guard is operating shall submit to the 

7 Committees on Homeland Security and Transportation and 

8 Infrastructure of the House of Representatives and the Com9 mittee on Commerce, Science, and Transportation of the 

10 Senate an analysis of the cost of expanding the Coast 

11 Guard’s biometric identification capabilities for use by the 

12 Coast Guard’s Deployable Operations Group, cutters, sta13 tions, and other deployable maritime teams considered ap14 propriate by the Secretary, and any other appropriate De15 partment of Homeland Security maritime vessels and units. 

16 The analysis may include a tiered plan for the deployment 

17 of this program that gives priority to vessels and units more 

18 likely to encounter individuals suspected of making illegal 

19 border crossings through the maritime environment. 

20 (d) STUDY ON EMERGING BIOMETRIC CAPABILI21 TIES.— 

22 (1) STUDY REQUIRED.—The Secretary of Home23 land Security shall submit to the Committees on 

24 Homeland Security and Transportation and Infra25 structure of the House of Representatives and the 
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1 Committee on Commerce, Science, and Transpor2 tation of the Senate a study on the use by the Coast 

3 Guard and other departmental entities of the com4 bination of biometric technologies to rapidly identify 

5 individuals for security purposes. Such study shall 

6 focus on— 

7 (A) increased accuracy of facial recognition; 

8 (B) enhancement of existing iris recognition 

9 technology; and 

10 (C) other emerging biometric technologies 

11 capable of assisting in confirming the identifica12 tion of individuals. 

13 (2) PURPOSE OF STUDY.—The purpose of the 

14 study required by paragraph (1) is to facilitate the 

15 use of a combination biometrics, including facial and 

16 iris recognition, to provide a higher probability of 

17 success in identification than a single approach and 

18 to achieve transformational advances in the flexi19 bility, authenticity, and overall capability of inte20 grated biometric detectors. The operational goal of the 

21 study should be to provide the capability to nonintru22 sively collect biometrics in an accurate and expedi23 tious manner to assist the Coast Guard and the De24 partment of Homeland Security in fulfilling its mis25 sion to protect and support national security. 
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•HR 3619 EAH 

1 SEC. 808. PILOT PROGRAM FOR FINGERPRINTING OF MARI2 TIME WORKERS. 

3 (a) IN GENERAL.—Within 180 days after the date of 

4 enactment of this Act, the Secretary of Homeland Security 

5 shall establish procedures providing for an individual who 

6 is required to be fingerprinted for purposes of obtaining a 

7 transportation security card under section 70105 of title 46, 

8 United States Code, the ability to be fingerprinted at any 

9 of not less than 20 facilities operated by or under contract 

10 with an agency of the Department of Homeland Security 

11 that fingerprints the public for the Department. These fa12 cilities shall be in addition to facilities established under 

13 section 70105 of title 46, United States Code. 

14 (b) EXPIRATION.—The requirement made by sub15 section (a) expires 1 year after the date the Secretary estab16 lishes the facilities required under that subsection. 

17 SEC. 809. TRANSPORTATION SECURITY CARDS ON VESSELS. 

18 Section 70105(b)(2) of title 46, United States Code, is 

19 amended— 

20 (1) in subparagraph (B), by inserting after 

21 ‘‘title’’ the following: ‘‘allowed unescorted access to a 

22 secure area designated in a vessel security plan ap23 proved under section 70103 of this title’’; and 

24 (2) in subparagraph (D), by inserting after 

25 ‘‘tank vessel’’ the following: ‘‘allowed unescorted access 
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1 to a secure area designated in a vessel security plan 

2 approved under section 70103 of this title’’. 

3 SEC. 810. MARITIME SECURITY ADVISORY COMMITTEES. 

4 Section 70112 of title 46, United States Code, is 

5 amended— 

6 (1) by amending subsection (b)(5) to read as fol7 lows: 

8 ‘‘(5)(A) The National Maritime Security Advisory 

9 Committee shall be composed of— 

10 ‘‘(i) at least 1 individual who represents the in11 terests of the port authorities; 

12 ‘‘(ii) at least 1 individual who represents the in13 terests of the facilities owners or operators; 

14 ‘‘(iii) at least 1 individual who represents the 

15 interests of the terminal owners or operators; 

16 ‘‘(iv) at least 1 individual who represents the in17 terests of the vessel owners or operators; 

18 ‘‘(v) at least 1 individual who represents the in19 terests of the maritime labor organizations; 

20 ‘‘(vi) at least 1 individual who represents the in21 terests of the academic community; 

22 ‘‘(vii) at least 1 individual who represents the 

23 interests of State or local governments; and 

24 ‘‘(viii) at least 1 individual who represents the 

25 interests of the maritime industry. 
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1 ‘‘(B) Each Area Maritime Security Advisory Com2 mittee shall be composed of individuals who represents the 

3 interests of the port industry, terminal operators, port labor 

4 organizations, and other users of the port areas.’’; and 

5 (2) in subsection (g)— 

6 (A) in paragraph (1)(A), by striking 

7 ‘‘2008;’’ and inserting ‘‘2020;’’; and 

8 (B) in paragraph (2), by striking ‘‘2006’’ 

9 and inserting ‘‘2018’’. 

10 SEC. 811. SEAMEN’S SHORESIDE ACCESS. 

11 Each facility security plan approved under section 

12 70103(c) of title 46, United States Code, shall provide a 

13 system for seamen assigned to a vessel at that facility, pi14 lots, and representatives of seamen’s welfare and labor orga15 nizations to board and depart the vessel through the facility 

16 in a timely manner at no cost to the individual. 

17 SEC. 812. WATERSIDE SECURITY OF ESPECIALLY HAZ18 ARDOUS CARGO. 

19 (a) NATIONAL STUDY.— 

20 (1) IN GENERAL.—The Secretary of the depart21 ment in which the Coast Guard is operating shall— 

22 (A) initiate a national study to identify 

23 measures to improve the security of maritime 

24 transportation of especially hazardous cargo; 

25 and 
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1 (B) coordinate with other Federal agencies, 

2 the National Maritime Security Advisory Com3 mittee, and appropriate State and local govern4 ment officials through the Area Maritime Secu5 rity Committees and other existing coordinating 

6 committees, to evaluate the waterside security of 

7 vessels carrying, and waterfront facilities han8 dling, especially hazardous cargo. 

9 (2) MATTERS TO BE INCLUDED.—The study con10 ducted under this subsection shall include— 

11 (A) an analysis of existing risk assessment 

12 information relating to waterside security gen13 erated by the Coast Guard and Area Maritime 

14 Security Committees as part of the Maritime Se15 curity Risk Analysis Model; 

16 (B) a review and analysis of appropriate 

17 roles and responsibilities of maritime stake18 holders, including Federal, State, and local law 

19 enforcement and industry security personnel, re20 sponsible for waterside security of vessels car21 rying, and waterfront facilities handling, espe22 cially hazardous cargo, including— 

23 (i) the number of ports in which State 

24 and local law enforcement entities are pro25 viding any services to enforce Coast Guard- 
231 

•HR 3619 EAH 

1 imposed security zones around vessels 

2 transiting to, through, or from United 

3 States ports or to conduct security patrols 

4 in United States ports; 

5 (ii) the number of formal agreements 

6 entered into between the Coast Guard and 

7 State and local law enforcement entities to 

8 engage State and local law enforcement en9 tities in the enforcement of Coast Guard-im10 posed security zones around vessels 

11 transiting to, through, or from United 

12 States ports or the conduct of port security 

13 patrols in United States ports, the duration 

14 of those agreements, and the aid that State 

15 and local entities are engaged to provide 

16 through such agreements; 

17 (iii) the extent to which the Coast 

18 Guard has set national standards for train19 ing, equipment, and resources to ensure that 

20 State and local law enforcement entities en21 gaged in enforcing Coast Guard-imposed se22 curity zones around vessels transiting to, 

23 through, or from United States ports or in 

24 conducting port security patrols in United 

25 States ports (or both) can deter to the max-
232 

•HR 3619 EAH 

1 imum extent practicable a transportation 

2 security incident; 

3 (iv) the extent to which the Coast 

4 Guard has assessed the ability of State and 

5 local law enforcement entities to carry out 

6 the security assignments that they have been 

7 engaged to perform, including their ability 

8 to meet any national standards for train9 ing, equipment, and resources that have 

10 been established by the Coast Guard in 

11 order to ensure that those entities can deter 

12 to the maximum extent practicable a trans13 portation security incident; 

14 (v) the extent to which State and local 

15 law enforcement entities are able to meet 

16 national standards for training, equipment, 

17 and resources established by the Coast 

18 Guard to ensure that those entities can 

19 deter to the maximum extent practicable a 

20 transportation security incident; 

21 (vi) the differences in law enforcement 

22 authority, and particularly boarding au23 thority, between the Coast Guard and State 

24 and local law enforcement entities, and the 

25 impact that these differences have on the 
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•HR 3619 EAH 

1 ability of State and local law enforcement 

2 entities to provide the same level of security 

3 that the Coast Guard provides during the 

4 enforcement of Coast Guard-imposed secu5 rity zones and the conduct of security pa6 trols in United States ports; and 

7 (vii) the extent of resource, training, 

8 and equipment differences between State 

9 and local law enforcement entities and the 

10 Coast Guard units engaged in enforcing 

11 Coast Guard-imposed security zones around 

12 vessels transiting to, through, or from 

13 United States ports or conducting security 

14 patrols in United States ports; 

15 (C) recommendations for risk-based security 

16 measures to improve waterside security of vessels 

17 carrying, and waterfront facilities handling, es18 pecially hazardous cargo; and 

19 (D) identification of security funding alter20 natives, including an analysis of the potential 

21 for cost-sharing by the public and private sectors 

22 as well as any challenges associated with such 

23 cost-sharing. 

24 (3) INFORMATION PROTECTION.—In carrying out 

25 the coordination necessary to effectively complete the 
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•HR 3619 EAH 

1 study, the Commandant shall implement measures to 

2 ensure the protection of any sensitive security infor3 mation, proprietary information, or classified infor4 mation collected, reviewed, or shared during collabo5 rative engagement with maritime stakeholders and 

6 other Government entities, except that nothing in this 

7 paragraph shall constitute authority to withhold in8 formation from— 

9 (A) the Congress; or 

10 (B) first responders requiring such informa11 tion for the protection of life or property. 

12 (4) REPORT.—Not later than 12 months after the 

13 date of enactment of this Act, the Secretary of the De14 partment in which the Coast Guard is operating shall 

15 submit to the Committees on Homeland Security and 

16 Transportation and Infrastructure of the House of 

17 Representatives and the Committee on Commerce, 

18 Science, and Transportation of the Senate a report on 

19 the results of the study under this subsection. 

20 (b) NATIONAL STRATEGY.—Not later than 6 months 

21 after submission of the report required by subsection (a), 

22 the Secretary of the department in which the Coast Guard 

23 is operating shall develop, in conjunction with appropriate 

24 Federal agencies, a national strategy for the waterside secu25 rity of vessels carrying, and waterfront facilities handling, 
235 

•HR 3619 EAH 

1 especially hazardous cargo. The strategy shall utilize the re2 sults of the study required by subsection (a). 

3 (c) SECURITY OF ESPECIALLY HAZARDOUS CARGO.— 

4 Section 70103 of title 46, United States Code, is amended 

5 by adding at the end the following: 

6 ‘‘(e) ESPECIALLY HAZARDOUS CARGO.— 

7 ‘‘(1) ENFORCEMENT OF SECURITY ZONES.—Con8 sistent with other provisions of Federal law, the Coast 

9 Guard shall coordinate and be responsible for the en10 forcement of any Federal security zone established by 

11 the Coast Guard around a vessel containing especially 

12 hazardous cargo. The Coast Guard shall allocate 

13 available resources so as to deter and respond to a 

14 transportation security incident, to the maximum ex15 tent practicable, and to protect lives or protect prop16 erty in danger. 

17 ‘‘(2) RESOURCE DEFICIENCY REPORTING.— 

18 ‘‘(A) IN GENERAL.—When the Secretary 

19 submits the annual budget request for a fiscal 

20 year for the department in which the Coast 

21 Guard is operating to the Office of Management 

22 and Budget, the Secretary shall provide to the 

23 Committees on Homeland Security and Trans24 portation and Infrastructure of the House of 

25 Representatives and the Committee on Com-
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•HR 3619 EAH 

1 merce, Science, and Transportation of the Senate 

2 a report that includes— 

3 ‘‘(i) for the last full fiscal year pre4 ceding the report, a statement of the number 

5 of security zones established for especially 

6 hazardous cargo shipments; 

7 ‘‘(ii) for the last full fiscal year pre8 ceding the report, a statement of the number 

9 of especially hazardous cargo shipments 

10 provided a waterborne security escort, sub11 divided by Federal, State, local, or private 

12 security; and 

13 ‘‘(iii) an assessment as to any addi14 tional vessels, personnel, infrastructure, and 

15 other resources necessary to provide water16 borne escorts to those especially hazardous 

17 cargo shipments for which a security zone is 

18 established. 

19 ‘‘(B) ESPECIALLY HAZARDOUS CARGO DE20 FINED.—In this subsection, the term ‘especially 

21 hazardous cargo’ means anhydrous ammonia, 

22 ammonium nitrate, chlorine, liquefied natural 

23 gas, liquiefied petroleum gas, and any other sub24 stance, material, or group or class of material, 

25 in a particular amount and form that the Sec-
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•HR 3619 EAH 

1 retary determines by regulation poses a signifi2 cant risk of creating a transportation security 

3 incident while being transported in maritime 

4 commerce.’’. 

5 (d) DEFINITIONS.—For the purposes of this section, the 

6 follow definitions apply: 

7 (1) ESPECIALLY HAZARDOUS CARGO.—The term 

8 ‘‘especially hazardous cargo’’ means anhydrous am9 monia, ammonium nitrate, chlorine, liquefied natural 

10 gas, liquiefied petroleum gas, and any other sub11 stance, material, or group or class of material, in a 

12 particular amount and form that the Secretary deter13 mines by regulation poses a significant risk of cre14 ating a transportation security incident while being 

15 transported in maritime commerce. 

16 (2) AREA MARITIME SECURITY COMMITTEE.— 

17 The term ‘‘Area Maritime Security Committee’’ 

18 means each of those committees responsible for pro19 ducing Area Maritime Transportation Security Plans 

20 under chapter 701 of title 46, United States Code. 

21 (3) TRANSPORTATION SECURITY INCIDENT.—The 

22 term ‘‘transportation security incident’’ has the same 

23 meaning as that term has in section 70101 of title 46, 

24 United States Code. 
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•HR 3619 EAH 

1 SEC. 813. REVIEW OF LIQUEFIED NATURAL GAS FACILITIES. 

2 Consistent with other provisions of law, the Secretary 

3 of the department in which the Coast Guard is operating 

4 shall make a recommendation, after considering rec5 ommendations made by the States, to the Federal Energy 

6 Regulatory Commission as to whether the waterway to a 

7 proposed waterside liquefied natural gas facility is suitable 

8 or unsuitable for the marine traffic associated with such 

9 facility. 

10 SEC. 814. USE OF SECONDARY AUTHENTICATION FOR 

11 TRANSPORTATION SECURITY CARDS. 

12 Section 70105 of title 46, United States Code, is 

13 amended by adding at the end the following new subsection: 

14 ‘‘(n) The Secretary may use a secondary authentica15 tion system to verify the identification of individuals using 

16 transportation security cards when the individual’s finger17 prints are not able to be taken or read.’’. 

18 SEC. 815. ASSESSMENT OF TRANSPORTATION SECURITY 

19 CARD ENROLLMENT SITES. 

20 (a) IN GENERAL.—Not later than 180 days after the 

21 date of the enactment of this Act, the Secretary of the de22 partment in which the Coast Guard is operating shall pre23 pare an assessment of the enrollment sites for transpor24 tation security cards issued under section 70105 of title 46, 

25 United States Code, including— 
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•HR 3619 EAH 

1 (1) the feasibility of keeping those enrollment 

2 sites open after the date of enactment of this Act; and 

3 (2) the quality of customer service, including the 

4 periods of time individuals are kept on hold on the 

5 telephone, whether appointments are kept, and proc6 essing times for applications. 

7 (b) TIMELINES AND BENCHMARKS.—The Secretary 

8 shall develop timelines and benchmarks for implementing 

9 the findings of the assessment as the Secretary deems nec10 essary. 

11 SEC. 816. ASSESSMENT OF THE FEASIBILITY OF EFFORTS 

12 TO MITIGATE THE THREAT OF SMALL BOAT 

13 ATTACK IN MAJOR PORTS. 

14 The Secretary of the department in which the Coast 

15 Guard is operating shall assess and report to Congress on 

16 the feasibility of efforts to mitigate the threat of small boat 

17 attack in security zones of major ports, including specifi18 cally the use of transponders, radio frequency identification 

19 devices, and high-frequency surface radar systems to track 

20 small boats. 

21 SEC. 817. REPORT AND RECOMMENDATION FOR UNIFORM 

22 SECURITY BACKGROUND CHECKS. 

23 Not later than 1 year after the date of enactment of 

24 this Act, the Comptroller General shall submit to the Com25 mittee on Homeland Security of the House of Representa-
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•HR 3619 EAH 

1 tives and the Committee on Commerce, Science, and Trans2 portation of the Senate a report that contains— 

3 (1) a review of background checks and forms of 

4 identification required under State and local trans5 portation security programs; 

6 (2) a determination as to whether the back7 ground checks and forms of identification required 

8 under such programs duplicate or conflict with Fed9 eral programs; and 

10 (3) recommendations on limiting the number of 

11 background checks and forms of identification re12 quired under such programs to reduce or eliminate 

13 duplication with Federal programs. 

14 SEC. 818. TRANSPORTATION SECURITY CARDS: ACCESS 

15 PENDING ISSUANCE; DEADLINES FOR PROC16 ESSING; RECEIPT. 

17 (a) ACCESS; DEADLINES.—Section 70105 of title 46, 

18 United States Code, is further amended by adding at the 

19 end the following new subsections: 

20 ‘‘(o) ESCORTING.—The Secretary shall coordinate with 

21 owners and operators subject to this section to allow any 

22 individual who has a pending application for a transpor23 tation security card under this section or is waiting for 

24 reissuance of such card, including any individual whose 

25 card has been lost or stolen, and who needs to perform work 
241 

•HR 3619 EAH 

1 in a secure or restricted area to have access to such area 

2 for that purpose through escorting of such individual in ac3 cordance with subsection (a)(1)(B) by another individual 

4 who holds a transportation security card. Nothing in this 

5 subsection shall be construed as requiring or compelling an 

6 owner or operator to provide escorted access. 

7 ‘‘(p) PROCESSING TIME.—The Secretary shall review 

8 an initial transportation security card application and re9 spond to the applicant, as appropriate, including the mail10 ing of an Initial Determination of Threat Assessment letter, 

11 within 30 days after receipt of the initial application. The 

12 Secretary shall, to the greatest extent practicable, review ap13 peal and waiver requests submitted by a transportation se14 curity card applicant, and send a written decision or re15 quest for additional information required for the appeal or 

16 waiver determination, within 30 days after receipt of the 

17 applicant’s appeal or waiver written request. For an appli18 cant that is required to submit additional information for 

19 an appeal or waiver determination, the Secretary shall send 

20 a written decision, to the greatest extent practicable, within 

21 30 days after receipt of all requested information.’’. 

22 (b) RECEIPT OF CARDS.— 

23 (1) REPORT BY COMPTROLLER GENERAL.—With24 in 180 days after the date of enactment of this Act, 

25 the Comptroller General of the United States shall 
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•HR 3619 EAH 

1 submit to the Committee on Homeland Security of the 

2 House of Representatives and the Committee on Com3 merce, Science, and Transportation of the Senate a 

4 report assessing the costs, technical feasibility, and se5 curity measures associated with implementing proce6 dures to deliver a transportation security card to an 

7 approved applicant’s place of residence in a secure 

8 manner or to allow an approved applicant to receive 

9 the card at an enrollment center of the individual’s 

10 choosing. 

11 (2) PROCESS FOR ALTERNATIVE MEANS OF RE12 CEIPT.—If the Comptroller General finds in the final 

13 report under paragraph (1) that it is feasible for a 

14 transportation security card to be sent to an ap15 proved applicant’s place of residence in a secure man16 ner, the Secretary shall, within 1 year after the date 

17 of issuance of the final report by the Comptroller Gen18 eral, implement a secure process to permit an indi19 vidual approved for a transportation security card to 

20 receive the card at the applicant’s place of residence 

21 or at the enrollment center of the individual’s choos22 ing. The individual shall be responsible for any addi23 tional cost associated with the secure delivery of a 

24 transportation security card. 
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1 SEC. 819. HARMONIZING SECURITY CARD EXPIRATIONS. 

2 Section 70105(b) of title 46, United States Code, is 

3 amended by adding at the end the following new paragraph: 

4 ‘‘(6) The Secretary may extend for up to one year the 

5 expiration of a biometric transportation security card re6 quired by this section to align the expiration with the expi7 ration of a license, certificate of registry, or merchant mar8 iner document required under chapter 71 or 73.’’. 

9 SEC. 820. CLARIFICATION OF RULEMAKING AUTHORITY. 

10 (a) IN GENERAL.—Chapter 701 of title 46, United 

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

12 following: 

13 ‘‘SEC. 70124. REGULATIONS. 

14 ‘‘Unless otherwise provided, the Secretary may issue 

15 regulations necessary to implement this chapter.’’. 

16 (b) CLERICAL AMENDMENT.—The table of contents for 

17 chapter 701 of such title is further amended by adding at 

18 the end the following new item: 

‘‘70124. Regulations.’’. 

19 SEC. 821. PORT SECURITY TRAINING AND CERTIFICATION. 

20 (a) PORT SECURITY TRAINING PROGRAM.—Chapter 

21 701 of title 46, United States Code, is further amended by 

22 adding at the end the following: 
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•HR 3619 EAH 

1 ‘‘§ 70125. Port security training for facility security of2 ficers 

3 ‘‘(a) FACILITY SECURITY OFFICERS.—The Secretary 

4 shall establish comprehensive facility security officer train5 ing requirements designed to provide full security training 

6 that would lead to certification of such officers. In estab7 lishing the requirements, the Secretary shall— 

8 ‘‘(1) work with affected industry stakeholders; 

9 and 

10 ‘‘(2) evaluate— 

11 ‘‘(A) the requirements of subsection (b); 

12 ‘‘(B) existing security training programs 

13 employed at marine terminal facilities; and 

14 ‘‘(C) existing port security training pro15 grams developed by the Federal Government. 

16 ‘‘(b) REQUIREMENTS.—The training program shall 

17 provide validated training that— 

18 ‘‘(1) provides training at the awareness, per19 formance, management, and planning levels; 

20 ‘‘(2) utilizes multiple training mediums and 

21 methods; 

22 ‘‘(3) establishes a validated provisional on-line 

23 certification methodology; 

24 ‘‘(4) provide for continuing education and train25 ing for facility security officers beyond certification 

26 requirements, including a program to educate on the 
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•HR 3619 EAH 

1 dangers and issues associated with the shipment of 

2 hazardous and especially hazardous cargo; 

3 ‘‘(5) addresses port security topics, including— 

4 ‘‘(A) facility security plans and procedures, 

5 including how to develop security plans and se6 curity procedure requirements when threat levels 

7 are elevated; 

8 ‘‘(B) facility security force operations and 

9 management; 

10 ‘‘(C) physical security and access control at 

11 facilities; 

12 ‘‘(D) methods of security for preventing and 

13 countering cargo theft; 

14 ‘‘(E) container security; 

15 ‘‘(F) recognition and detection of weapons, 

16 dangerous substances, and devices; 

17 ‘‘(G) operation and maintenance of security 

18 equipment and systems; 

19 ‘‘(H) security threats and patterns; 

20 ‘‘(I) security incident procedures, including 

21 procedures for communicating with govern22 mental and nongovernmental emergency response 

23 providers; and 

24 ‘‘(J) evacuation procedures; 
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•HR 3619 EAH 

1 ‘‘(6) is consistent with, and supports implemen2 tation of, the National Incident Management System, 

3 the National Response Plan, the National Infrastruc4 ture Protection Plan, the National Preparedness 

5 Guidance, the National Preparedness Goal, the Na6 tional Maritime Transportation Security Plan, and 

7 other such national initiatives; 

8 ‘‘(7) is evaluated against clear and consistent 

9 performance measures; 

10 ‘‘(8) addresses security requirements under facil11 ity security plans; 

12 ‘‘(9) addresses requirements under the Inter13 national Code for the Security of Ships and Port Fa14 cilities to address shore leave for mariners and access 

15 to visitors, representatives of seafarers’ welfare orga16 nizations, and labor organizations; and 

17 ‘‘(10) such other subject matters as may be pre18 scribed by the Secretary. 

19 ‘‘(c) CONTINUING SECURITY TRAINING.—The Sec20 retary, in coordination with the Secretary of Transpor21 tation, shall work with State and local law enforcement 

22 agencies and industry stakeholders to develop and certify 

23 the following additional security training requirements for 

24 Federal, State, and local officials with security responsibil25 ities at United States seaports: 
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•HR 3619 EAH 

1 ‘‘(1) A program to familiarize them with port 

2 and shipping operations, requirements of the Mari3 time Transportation Security Act of 2002 (Public 

4 Law 107–295), and other port and cargo security 

5 programs that educates and trains them with respect 

6 to their roles and responsibilities. 

7 ‘‘(2) A program to familiarize them with dan8 gers and potential issues with respect to shipments of 

9 hazardous and especially hazardous cargoes. 

10 ‘‘(3) A program of continuing education as 

11 deemed necessary by the Secretary. 

12 ‘‘(d) TRAINING PARTNERS.—In developing curriculum 

13 and delivering training established pursuant to subsections 

14 (a) and (c), the Secretary, in coordination with the Mari15 time Administrator of the Department of Transportation 

16 and consistent with section 109 of the Maritime Transpor17 tation Security Act of 2002 [46 U.S.C. 70101 note], shall 

18 work with institutions with maritime expertise and with 

19 industry stakeholders with security expertise to develop ap20 propriate training capacity to ensure that training can be 

21 provided in a geographically balanced manner to personnel 

22 seeking certification under subsection (a) or education and 

23 training under subsection (c). 

24 ‘‘(e) ESTABLISHED GRANT PROGRAM.—The Secretary 

25 shall issue regulations or grant solicitations for grants for 
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1 homeland security or port security to ensure that activities 

2 surrounding the development of curriculum and the provi3 sion of training and these activities are eligible grant ac4 tivities under both grant programs.’’. 

5 (b) CONFORMING AMENDMENT.—Section 113 of the 

6 SAFE Port Act (6 U.S.C. 911) is repealed. 

7 (c) TABLE OF CONTENTS AMENDMENT.—The table of 

8 contents for chapter 701 of title 46, United States Code, 

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

‘‘70125. Port security training for facility security officers.’’. 

10 SEC. 822. INTEGRATION OF SECURITY PLANS AND SYSTEMS 

11 WITH LOCAL PORT AUTHORITIES, STATE HAR12 BOR DIVISIONS, AND LAW ENFORCEMENT 

13 AGENCIES. 

14 Section 70102 of title 46, United States Code, is 

15 amended by adding at the end thereof the following: 

16 ‘‘(c) SHARING OF ASSESSMENT INTEGRATION OF

17 PLANS AND EQUIPMENT.—The owner or operator of a facil18 ity, consistent with any Federal security restrictions, 

19 shall— 

20 ‘‘(1) make a current copy of the vulnerability as21 sessment conducted under subsection (b) available to 

22 the port authority with jurisdiction of the facility and 

23 appropriate State or local law enforcement agencies; 

24 and 
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1 ‘‘(2) integrate, to the maximum extent practical, 

2 any security system for the facility with compatible 

3 systems operated or maintained by the appropriate 

4 State, law enforcement agencies, and the Coast 

5 Guard.’’. 

6 SEC. 823. TRANSPORTATION SECURITY CARDS. 

7 Section 70105 of title 46, United States Code, is fur8 ther amended by adding at the end thereof the following: 

9 ‘‘(q) RECEIPT AND ACTIVATION OF TRANSPORTATION

10 SECURITY CARD.— 

11 ‘‘(1) IN GENERAL.—Not later than one year after 

12 the date of publication of final regulations required 

13 by subsection (k)(3) of this section the Secretary shall 

14 develop a plan to permit the receipt and activation 

15 of transportation security cards at any vessel or facil16 ity described in subsection (a) of this section that de17 sires to implement this capability. This plan shall 

18 comply, to the extent possible, with all appropriate 

19 requirements of Federal standards for personal iden20 tity verification and credential. 

21 ‘‘(2) LIMITATION.—The Secretary may not re22 quire any such vessel or facility to provide on-site ac23 tivation capability.’’. 
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1 SEC. 824. PRE-POSITIONING INTEROPERABLE COMMUNICA2 TIONS EQUIPMENT AT INTERAGENCY OPER3 ATIONAL CENTERS. 

4 Section 70107A of title 46, United States Code, is 

5 amended— 

6 (1) by redesignating subsections (e) and (f) as 

7 subsections (f) and (g), respectively; and 

8 (2) by inserting after subsection (d) the fol9 lowing: 

10 ‘‘(e) DEPLOYMENT OF INTEROPERABLE COMMUNICA11 TIONS EQUIPMENT AT INTERAGENCY OPERATIONAL CEN12 TERS.—The Secretary, subject to the availability of appro13 priations, shall ensure that interoperable communications 

14 technology is deployed at all interagency operational centers 

15 established under subsection (a) and that such technology 

16 and equipment has been tested in live operational environ17 ments before deployment.’’. 

18 SEC. 825. INTERNATIONAL PORT AND FACILITY INSPEC19 TION COORDINATION. 

20 (a) COORDINATION.—The Secretary of the department 

21 in which the Coast Guard is operating shall, to the extent 

22 practicable, conduct the assessments required by the fol23 lowing provisions of law concurrently, or develop a process 

24 by which they are integrated and conducted by the Coast 

25 Guard: 
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1 (1) Section 205 of the SAFE Port Act (6 U.S.C. 

2 945). 

3 (2) Section 213 of that Act (6 U.S.C. 964). 

4 (3) Section 70108 of title 46, United States 

5 Code. 

6 (b) LIMITATION.—Nothing in subsection (a) shall be 

7 construed to affect or diminish the Secretary’s authority or 

8 discretion— 

9 (1) to conduct an assessment of a foreign port at 

10 any time; 

11 (2) to compel the Secretary to conduct an assess12 ment of a foreign port so as to ensure that 2 or more 

13 assessments are conducted concurrently; or 

14 (3) to cancel an assessment of a foreign port if 

15 the Secretary is unable to conduct 2 or more assess16 ments concurrently. 

17 (c) MULTIPLE ASSESSMENT REPORT.—The Secretary 

18 shall provide written notice to the Committee on Commerce, 

19 Science, and Transportation of the Senate and the Commit20 tees on Transportation and Infrastructure and Homeland 

21 Security of the House of Representatives whenever the Sec22 retary conducts 2 or more assessments of the same port 

23 within a 3-year period. 
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1 SEC. 826. AREA TRANSPORTATION SECURITY INCIDENT 

2 MITIGATION PLAN. 

3 Section 70103(b)(2) of title 46, United States Code, is 

4 amended— 

5 (1) by redesignating subparagraphs (E) through 

6 (G) as subparagraphs (F) through (H), respectively; 

7 and 

8 (2) by inserting after subparagraph (D) the fol9 lowing: 

10 ‘‘(E) establish area response and recovery proto11 cols to prepare for, respond to, mitigate against, and 

12 recover from a transportation security incident con13 sistent with section 202 of the SAFE Port Act of 2006 

14 (6 U.S.C. 942) and subsection (a) of this section;’’. 

15 SEC. 827. RISK BASED RESOURCE ALLOCATION. 

16 (a) NATIONAL STANDARD.—Within 1 year after the 

17 date of enactment of this Act, in carrying out chapter 701 

18 of title 46, United States Code, the Secretary of the depart19 ment in which the Coast Guard is operating shall develop 

20 and utilize a national standard and formula for 

21 prioritizing and addressing assessed security risks at 

22 United State ports and facilities on or adjacent to the wa23 terways of the United States, such as the Maritime Security 

24 Risk Assessment Model that has been tested by the Depart25 ment of Homeland Security. 
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1 (b) USE BY MARITIME SECURITY COMMITTEES.— 

2 Within 2 years after the date of enactment of this Act, the 

3 Secretary shall require each Area Maritime Security Com4 mittee to use this standard to regularly evaluate each port’s 

5 assessed risk and prioritize how to mitigate the most signifi6 cant risks. 

7 (c) OTHER USES OF STANDARD.—The Secretary shall 

8 utilize the standard when considering departmental re9 source allocations and grant making decisions. 

10 (d) USE OF MARITIME RISK ASSESSMENT MODEL.— 

11 Within 180 days after the date of enactment of this Act, 

12 the Secretary of the department in which the Coast Guard 

13 is operating shall make the United States Coast Guard’s 

14 Maritime Security Risk Assessment Model available, in an 

15 unclassified version, on a limited basis to regulated vessels 

16 and facilities to conduct true risk assessments of their own 

17 facilities and vessels using the same criteria employed by 

18 the Coast Guard when evaluating a port area, facility, or 

19 vessel. 

20 SEC. 828. PORT SECURITY ZONES. 

21 (a) IN GENERAL.—Section 701 of title 46, United 

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

23 ‘‘SUBCHAPTER II—PORT SECURITY ZONES 

24 ‘‘§ 70131. Definitions 

25 ‘‘In this subchapter: 
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1 ‘‘(1) LAW ENFORCEMENT AGENCY.—The term 

2 ‘law enforcement agency’ means an agency of a State, 

3 a political subdivision of a State, or a Federally rec4 ognized tribe that is authorized by law to supervise 

5 the prevention, detection, investigation, or prosecution 

6 of any violation of criminal law. 

7 ‘‘(2) SECURITY ZONE.—The term ‘security zone’ 

8 means a security zone, established by the Com9 mandant of the Coast Guard or the Commandant’s 

10 designee pursuant to section 1 of title II of the Act 

11 of June 15, 1917 (50 U.S.C. 191) or section 7(b) of 

12 the Ports and Waterways Safety Act (33 U.S.C. 

13 1226(b)), for a vessel carrying especially hazardous 

14 cargo when such vessel— 

15 ‘‘(A) enters, or operates within, the internal 

16 waters of the United States and the territorial 

17 sea of the United States; or 

18 ‘‘(B) transfers such cargo or residue in any 

19 port or place, under the jurisdiction of the 

20 United States, within the territorial sea of the 

21 United States or the internal waters of the 

22 United States. 
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1 ‘‘§ 70132. Credentialing standards, training, and cer2 tification for State and local support for 

3 the enforcement of security zones for the 

4 transportation of especially hazardous 

5 cargo 

6 ‘‘(a) STANDARD.—The Commandant of the Coast 

7 Guard shall establish, by regulation, national standards for 

8 training and credentialing of law enforcement personnel— 

9 ‘‘(1) to enforce a security zone; or 

10 ‘‘(2) to assist in the enforcement of a security 

11 zone. 

12 ‘‘(b) TRAINING.— 

13 ‘‘(1) The Commandant of the Coast Guard— 

14 ‘‘(A) shall develop and publish a training 

15 curriculum for— 

16 ‘‘(i) law enforcement personnel to en17 force a security zone; 

18 ‘‘(ii) law enforcement personnel to en19 force or assist in the enforcement of a secu20 rity zone; and 

21 ‘‘(iii) personnel who are employed or 

22 retained by a facility or vessel owner to as23 sist in the enforcement of a security zone; 

24 and 

25 ‘‘(B) may— 
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1 ‘‘(i) test and deliver such training, the 

2 curriculum for which is developed pursuant 

3 to subparagraph (A); 

4 ‘‘(ii) enter into an agreement under 

5 which a public entity (including a Federal 

6 agency) or private entity may test and de7 liver such training, the curriculum for 

8 which has been developed pursuant to sub9 paragraph (A); and 

10 ‘‘(iii) may accept a program, con11 ducted by a public entity (including a Fed12 eral agency) or private entity, through 

13 which such training is delivered the cur14 riculum for which is developed pursuant to 

15 subparagraph (A). 

16 ‘‘(2) Any Federal agency that provides such 

17 training, and any public or private entity that re18 ceives moneys, pursuant to section 70107(b)(8) of this 

19 title, to provide such training, shall provide such 

20 training— 

21 ‘‘(A) to law enforcement personnel who en22 force or assist in the enforcement of a security 

23 zone; and 

24 ‘‘(B) on an availability basis to— 
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1 ‘‘(i) law enforcement personnel who as2 sist in the enforcement of a security zone; 

3 and 

4 ‘‘(ii) personnel who are employed or 

5 retained by a facility or vessel owner or op6 erator to assist in the enforcement of a secu7 rity zone. 

8 ‘‘(3) If a Federal agency provides the training, 

9 the head of such agency may, notwithstanding any 

10 other provision of law, accept payment from any 

11 source for such training, and any amount received as 

12 payment shall be credited to the appropriation, cur13 rent at the time of collection, charged with the cost 

14 thereof and shall be merged with, and available for, 

15 the same purposes of such appropriation. 

16 ‘‘(4) Notwithstanding any other provision of law, 

17 any moneys, awarded by the Department of Home18 land Security in the form of awards or grants, may 

19 be used by the recipient to pay for training of per20 sonnel to assist in the enforcement of security zones 

21 and limited access areas. 

22 ‘‘(c) CERTIFICATION; TRAINING PARTNERS.—In devel23 oping and delivering training under the training program, 

24 the Secretary, in coordination with the Maritime Adminis25 trator of the Department of Transportation, and consistent 
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1 with section 109 of the Maritime Transportation Security 

2 Act of 2002 (46 U.S.C. 70101 note), shall— 

3 ‘‘(1) work with government training facilities, 

4 academic institutions, private organizations, em5 ployee organizations, and other entities that provide 

6 specialized, state-of-the-art training for governmental 

7 and nongovernmental emergency responder providers 

8 or commercial seaport personnel and management; 

9 ‘‘(2) utilize, as appropriate, government training 

10 facilities, courses provided by community colleges, 

11 public safety academies, State and private univer12 sities, and other facilities; and 

13 ‘‘(3) certify organizations that offer the cur14 riculum for training and certification.’’. 

15 (b) GRANTS; ADMINISTRATION.—Section 70107 of title 

16 46, United States Code, is amended— 

17 (1) by striking ‘‘services.’’ in subsection (a) and 

18 inserting ‘‘services and to train law enforcement per19 sonnel under section 70132 of this title.’’; 

20 (2) by adding at the end of subsection (b) the fol21 lowing: 

22 ‘‘(8) The cost of training law enforcement per23 sonnel— 

24 ‘‘(A) to enforce a security zone under section 

25 70132 of this title; or 
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1 ‘‘(B) assist in the enforcement of a security 

2 zone.’’; 

3 (3) by adding at the end of subsection (c)(2) the 

4 following: 

5 ‘‘(C) TRAINING.—There are no matching re6 quirements for grants under subsection (a) to 

7 train law enforcement agency personnel in the 

8 enforcement of security zones under section 

9 70132 of this title or in assisting in the enforce10 ment of such security zones.’’; and 

11 (4) by striking ‘‘2011’’ in subsection (l) and in12 serting ‘‘2013’’. 

13 (c) CONFORMING AMENDMENTS.— 

14 (1) SUBCHAPTER I DESIGNATION.—Chapter 701 

15 of title 46, United States Code, is amended by insert16 ing before section 70101 the following: 

17 ‘‘SUBCHAPTER I—GENERAL’’. 

18 (2) TABLE OF CONTENTS AMENDMENTS.—The 

19 table of contents for chapter 701 of title 46, United 

20 States Code, is amended— 

21 (3) by inserting before the item relating to sec22 tion 70101 the following: 

23 ‘‘Subchapter I—General’’; 

24 and 

25 (4) by adding at the end the following: 
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‘‘SUBCHAPTER II—PORT SECURITY ZONES

‘‘70131. Definitions. 

‘‘70132. Credentialing standards, training, and certification for State and local 

support for the enforcement of security zones for the transportation of especially hazardous cargo.’’. 

1 TITLE IX—MISCELLANEOUS 

2 PROVISIONS 

3 SEC. 901. WAIVERS. 

4 (a) GENERAL COASTWISE WAIVER.—Notwithstanding 

5 section 12112 and chapter 551 of title 46, United States 

6 Code, the Secretary of the department in which the Coast 

7 Guard is operating may issue a certificate of documenta8 tion with a coastwise endorsement for the following vessels: 

9 (1) ZIPPER (State of New York regulation 

10 number NY3205EB). 

11 (2) GULF DIVER IV (United States official 

12 number 553457). 

13 (b) GALLANT LADY.—Section 1120(c) of the Coast 

14 Guard Authorization Act of 1996 (110 Stat. 3977) is 

15 amended— 

16 (1) in paragraph (1)— 

17 (A) by striking ‘‘of Transportation’’ and in18 serting ‘‘of the department in which the Coast 

19 Guard is operating’’; and 

20 (B) by striking subparagraph (A) and in21 serting the following: 
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1 ‘‘(A) the vessel GALLANT LADY (Feadship 

2 hull number 672, approximately 168 feet in 

3 length).’’; 

4 (2) by amending paragraph (3) to read as fol5 lows: 

6 ‘‘(3) CONDITION.—The only nonrecreational ac7 tivity authorized for the vessel referred to in subpara8 graph (A) of paragraph (1) is the transportation of 

9 individuals on behalf of an organization described in 

10 section 501(c)(3) of the Internal Revenue Code of 

11 1986 and exempt from tax under section 501(a) of 

12 such Code, for which the owner of the vessel receives 

13 no compensation.’’; 

14 (3) by striking paragraph (4) and redesignating 

15 paragraph (5) as paragraph (4); and 

16 (4) in paragraph (4) (as so redesignated) by 

17 striking all after ‘‘shall expire’’ and inserting ‘‘on the 

18 date of the sale of the vessel by the owner.’’. 

19 (c) ACTIVITY OF CERTAIN VESSELS.— 

20 (1) IN GENERAL.—Section 12102 of title 46, 

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

22 the following: 

23 ‘‘(d) AQUACULTURE WAIVER.— 

24 ‘‘(1) PERMITTING OF NONQUALIFIED VESSELS TO

25 PERFORM CERTAIN AQUACULTURE SUPPORT OPER-
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1 ATIONS.—Notwithstanding section 12113 and any 

2 other law, the Secretary of Transportation may issue 

3 a waiver allowing a documented vessel with a registry 

4 endorsement or a foreign flag vessel to be used in op5 erations that treat aquaculture fish for or protect 

6 aquaculture fish from disease, parasitic infestation, or 

7 other threats to their health if the Secretary finds, 

8 after publishing a notice in the Federal Register, that 

9 a suitable vessel of the United States is not available 

10 that could perform those services. 

11 ‘‘(2) PROHIBITION.—Vessels operating under a 

12 waiver issued under this subsection may not engage 

13 in any coastwise transportation.’’. 

14 (2) IMPLEMENTING AND INTERIM REGULA15 TIONS.—The Secretary of the department in which the 

16 Coast Guard is operating shall, in accordance with 

17 section 553 of title 5, United States Code, and after 

18 public notice and comment, promulgate regulations 

19 necessary and appropriate to implement this sub20 section. The Secretary may grant interim permits 

21 pending the issuance of such regulations upon receipt 

22 of applications containing the required information. 

23 SEC. 902. CREW WAGES ON PASSENGER VESSELS. 

24 (a) FOREIGN AND INTERCOASTAL VOYAGES.— 
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1 (1) CAP ON PENALTY WAGES.—Section 10313(g) 

2 of title 46, United States Code, is amended— 

3 (A) by striking ‘‘When’’ and inserting ‘‘(1) 

4 Subject to paragraph (2), when’’; and 

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

6 ‘‘(2) The total amount required to be paid under para7 graph (1) with respect to all claims in a class action suit 

8 by seamen on a passenger vessel capable of carrying more 

9 than 500 passengers for wages under this section against 

10 a vessel master, owner, or operator or the employer of the 

11 seamen shall not exceed ten times the unpaid wages that 

12 are the subject of the claims. 

13 ‘‘(3) A class action suit for wages under this subsection 

14 must be commenced within three years after the later of— 

15 ‘‘(A) the date of the end of the last voyage for 

16 which the wages are claimed; or 

17 ‘‘(B) the receipt, by a seaman who is a claimant 

18 in the suit, of a payment of wages that are the subject 

19 of the suit that is made in the ordinary course of em20 ployment.’’. 

21 (2) DEPOSITS.—Section 10315 of such title is 

22 amended by adding at the end the following: 

23 ‘‘(f) DEPOSITS IN SEAMAN ACCOUNT.—By written re24 quest signed by the seaman, a seaman employed on a pas25 senger vessel capable of carrying more than 500 passengers 
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1 may authorize the master, owner, or operator of the vessel, 

2 or the employer of the seaman, to make deposits of wages 

3 of the seaman into a checking, savings, investment, or re4 tirement account, or other account to secure a payroll or 

5 debit card for the seaman if— 

6 ‘‘(1) the wages designated by the seaman for such 

7 deposit are deposited in a United States or inter8 national financial institution designated by the sea9 man; 

10 ‘‘(2) such deposits in the financial institution 

11 are fully guaranteed under commonly accepted inter12 national standards by the government of the country 

13 in which the financial institution is licensed; 

14 ‘‘(3) a written wage statement or pay stub, in15 cluding an accounting of any direct deposit, is deliv16 ered to the seaman no less often than monthly; and 

17 ‘‘(4) while on board the vessel on which the sea18 man is employed, the seaman is able to arrange for 

19 withdrawal of all funds on deposit in the account in 

20 which the wages are deposited.’’. 

21 (b) COASTWISE VOYAGES.— 

22 (1) CAP ON PENALTY WAGES.—Section 10504(c) 

23 of such title is amended— 
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1 (A) by striking ‘‘When’’ and inserting ‘‘(1) 

2 Subject to subsection (d), and except as provided 

3 in paragraph (2), when’’; and 

4 (B) by inserting at the end the following: 

5 ‘‘(2) The total amount required to be paid under para6 graph (1) with respect to all claims in a class action suit 

7 by seamen on a passenger vessel capable of carrying more 

8 than 500 passengers for wages under this section against 

9 a vessel master, owner, or operator or the employer of the 

10 seamen shall not exceed ten times the unpaid wages that 

11 are the subject of the claims. 

12 ‘‘(3) A class action suit for wages under this subsection 

13 must be commenced within three years after the later of— 

14 ‘‘(A) the date of the end of the last voyage for 

15 which the wages are claimed; or 

16 ‘‘(B) the receipt, by a seaman who is a claimant 

17 in the suit, of a payment of wages that are the subject 

18 of the suit that is made in the ordinary course of em19 ployment.’’. 

20 (2) DEPOSITS.—Section 10504 of such title is 

21 amended by adding at the end the following: 

22 ‘‘(f) DEPOSITS IN SEAMAN ACCOUNT.—On written re23 quest signed by the seaman, a seaman employed on a pas24 senger vessel capable of carrying more than 500 passengers 

25 may authorize, the master, owner, or operator of the vessel, 
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1 or the employer of the seaman, to make deposits of wages 

2 of the seaman into a checking, savings, investment, or re3 tirement account, or other account to secure a payroll or 

4 debit card for the seaman if— 

5 ‘‘(1) the wages designated by the seaman for such 

6 deposit are deposited in a United States or inter7 national financial institution designated by the sea8 man; 

9 ‘‘(2) such deposits in the financial institution 

10 are fully guaranteed under commonly accepted inter11 national standards by the government of the country 

12 in which the financial institution is licensed; 

13 ‘‘(3) a written wage statement or pay stub, in14 cluding an accounting of any direct deposit, is deliv15 ered to the seaman no less often than monthly; and 

16 ‘‘(4) while on board the vessel on which the sea17 man is employed, the seaman is able to arrange for 

18 withdrawal of all funds on deposit in the account in 

19 which the wages are deposited.’’. 

20 SEC. 903. TECHNICAL CORRECTIONS. 

21 (a) COAST GUARD AND MARITIME TRANSPORTATION

22 ACT OF 2006.—Effective with enactment of the Coast Guard 

23 and Maritime Transportation Act of 2006 (Public Law 

24 109–241), such Act is amended— 
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1 (1) in section 311(b) (120 Stat. 530) by insert2 ing ‘‘paragraphs (1) and (2) of’’ before ‘‘section 

3 8104(o)’’; 

4 (2) in section 603(a)(2) (120 Stat. 554) by strik5 ing ‘‘33 U.S.C. 2794(a)(2)’’ and inserting ‘‘33 U.S.C. 

6 2704(a)(2)’’; 

7 (3) in section 901(r)(2) (120 Stat. 566) by strik8 ing ‘‘the’’ the second place it appears; 

9 (4) in section 902(c) (120 Stat. 566) by inserting 

10 ‘‘of the United States’’ after ‘‘Revised Statutes’’; 

11 (5) in section 902(e) (120 Stat. 567) is amend12 ed— 

13 (A) by inserting ‘‘and’’ after the semicolon 

14 at the end of paragraph (1); 

15 (B) by striking ‘‘and’’ at the end of para16 graph (2)(A); and 

17 (C) by redesignating paragraphs (3) and 

18 (4) as subparagraphs (C) and (D) of paragraph 

19 (2), respectively, and aligning the left margin of 

20 such subparagraphs with the left margin of sub21 paragraph (A) of paragraph (2); 

22 (6) in section 902(e)(2)(C) (as so redesignated) 

23 by striking ‘‘this section’’ and inserting ‘‘this para24 graph’’; 
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1 (7) in section 902(e)(2)(D) (as so redesignated) 

2 by striking ‘‘this section’’ and inserting ‘‘this para3 graph’’; 

4 (8) in section 902(h)(1) (120 Stat. 567)— 

5 (A) by striking ‘‘Bisti/De-Na-Zin’’ and all 

6 that follows through ‘‘Protection’’ and inserting 

7 ‘‘Omnibus Parks and Public Lands Manage8 ment’’; and 

9 (B) by inserting a period after ‘‘Com10 mandant of the Coast Guard’’; and 

11 (9) in section 902(k) (120 Stat. 568) is amend12 ed— 

13 (A) by inserting ‘‘the Act of March 23, 

14 1906, commonly known as’’ before ‘‘the General 

15 Bridge’’; 

16 (B) by striking ‘‘491)’’ and inserting 

17 ‘‘494),’’; and 

18 (C) by inserting ‘‘each place it appears’’ be19 fore ‘‘and inserting’’. 

20 (b) TITLE 14.— 

21 (1) The analysis for chapter 7 of title 14, United 

22 States Code, is amended by adding a period at the 

23 end of the item relating to section 149. 
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1 (2) The analysis for chapter 17 of title 14, 

2 United States Code, is amended by adding a period 

3 at the end of the item relating to section 677. 

4 (3) The analysis for chapter 9 of title 14, United 

5 States Code, is amended by adding a period at the 

6 end of the item relating to section 198. 

7 (4) Section 182 of title 14, United States Code, 

8 is amended by striking the third sentence. 

9 (c) TITLE 46.— 

10 (1) The analysis for chapter 81 of title 46, 

11 United States Code, is amended by adding a period 

12 at the end of the item relating to section 8106. 

13 (2) Section 70105(c)(3)(C) of such title is 

14 amended by striking ‘‘National Intelligence Director’’ 

15 and inserting ‘‘Director of National Intelligence’’. 

16 (d) DEEPWATER PORT ACT OF 1974.—Section 5(c)(2) 

17 of the Deepwater Port Act of 1974 (33 U.S.C. 1504(c)(2)) 

18 is amended by aligning the left margin of subparagraph 

19 (K) with the left margin of subparagraph (L). 

20 (e) OIL POLLUTION ACT OF 1990.— 

21 (1) Section 1004(a)(2) of the Oil Pollution Act 

22 of 1990 (33 U.S.C. 2704(a)(2)) is amended by strik23 ing the first comma following ‘‘$800,000’’. 
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1 (2) The table of sections in section 2 of such Act 

2 is amended by inserting a period at the end of the 

3 item relating to section 7002. 

4 (f) COAST GUARD AUTHORIZATION ACT OF 1996.— 

5 The table of sections in section 2 of the Coast Guard Author6 ization Act of 1996 is amended in the item relating to sec7 tion 103 by striking ‘‘reports’’ and inserting ‘‘report’’. 

8 SEC. 904. MANNING REQUIREMENT. 

9 Section 421 of the Coast Guard and Maritime Trans10 portation Act of 2006 (Public Law 109–241; 120 Stat. 547) 

11 is amended— 

12 (1) in subsection (a), by striking ‘‘in the 48- 

13 month period beginning on the date of enactment of 

14 this Act if,’’ and inserting ‘‘until the date of expira15 tion of this section if,’’; 

16 (2) in subsection (b), by striking ‘‘Subsection 

17 (a)(1)’’ and inserting ‘‘Subsection (a)’’; 

18 (3) in subsection (d), by striking ‘‘48 months 

19 after the date of enactment of this Act.’’ and inserting 

20 ‘‘on December 31, 2012.’’; and 

21 (4) by redesignating subsection (e) as subsection 

22 (f) and inserting after subsection (d) the following: 

23 ‘‘(e) SAFETY INSPECTIONS.—A vessel may not engage 

24 a foreign citizen to meet a manning requirement under this 

25 section unless it has an annual safety examination by an 
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1 individual authorized to enforce part B of subtitle II of title 

2 46, United States Code.’’. 

3 SEC. 905. STUDY OF BRIDGES OVER NAVIGABLE WATERS. 

4 The Commandant of the Coast Guard shall submit to 

5 the Committee on Commerce, Science, and Transportation 

6 of the Senate and the Committee on Transportation and 

7 Infrastructure of the House of Representatives a comprehen8 sive study on the proposed construction or alteration of any 

9 bridge, drawbridge, or causeway over navigable waters with 

10 a channel depth of 25 feet or greater of the United States 

11 that may impede or obstruct future navigation to or from 

12 port facilities. 

13 SEC. 906. LIMITATION ON JURISDICTION OF STATES TO TAX 

14 CERTAIN SEAMEN. 

15 Section 11108(b)(2)(B) of title 46, United States Code, 

16 is amended to read as follows: 

17 ‘‘(B) who performs regularly assigned duties 

18 while engaged as a master, officer, or crewman 

19 on a vessel operating on navigable waters in 2 

20 or more States.’’. 

21 SEC. 907. LAND CONVEYANCE, COAST GUARD PROPERTY IN 

22 MARQUETTE COUNTY, MICHIGAN, TO THE 

23 CITY OF MARQUETTE, MICHIGAN. 

24 (a) CONVEYANCE AUTHORIZED.— 
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1 (1) IN GENERAL.—The Commandant of the 

2 Coast Guard may convey as surplus property, under 

3 section 550 of title 40, United States Code, and other 

4 relevant Federal Laws governing the disposal of Fed5 eral surplus property, to the City of Marquette, 

6 Michigan (in this section referred to as the ‘‘City’’), 

7 all right, title, and interest of the United States in 

8 and to a parcel of real property, together with any 

9 improvements thereon, located in Marquette County, 

10 Michigan, that is under the administrative control of 

11 the Coast Guard, consisting of approximately 5.5 

12 acres of real property, as depicted on the Van Neste 

13 survey (#204072), dated September 7, 2006, together 

14 with the land between the intermediate traverse line 

15 as shown on such survey and the ordinary high water 

16 mark, the total comprising 9 acres, more or less, and 

17 commonly identified as Coast Guard Station Mar18 quette and Lighthouse Point. 

19 (2) COSTS OF CONVEYANCE.—The responsibility 

20 for all reasonable and necessary costs, including real 

21 estate transaction and environmental documentation 

22 costs, associated with the transaction shall be deter23 mined by the Commandant of the Coast Guard and 

24 the City. 
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1 (b) RETENTION OF CERTAIN EASEMENTS.—In con2 veying the property under subsection (a), the Commandant 

3 of the Coast Guard may retain such easements over the 

4 property as the Commandant considers appropriate for ac5 cess to aids to navigation. 

6 (c) LIMITATIONS.—The property to be conveyed under 

7 subsection (a) may not be conveyed under that subsection 

8 until— 

9 (1) the Coast Guard has relocated Coast Guard 

10 Station Marquette to a newly constructed station; 

11 (2) any environmental remediation required 

12 under Federal law with respect to the property has 

13 been completed; and 

14 (3) the Commandant of the Coast Guard deter15 mines that retention of the property by the United 

16 States is not required to carry out Coast Guard mis17 sions or functions. 

18 (d) CONDITIONS OF TRANSFER.—All conditions placed 

19 within the deed of title of the property to be conveyed under 

20 subsection (a) shall be construed as covenants running with 

21 the land. 

22 (e) DESCRIPTION OF PROPERTY.—The exact acreage 

23 and legal description of the property to be conveyed under 

24 subsection (a) shall be determined by a survey satisfactory 

25 to the Commandant of the Coast Guard. 
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1 (f) ADDITIONAL TERMS AND CONDITIONS.—The Com2 mandant of the Coast Guard may require such additional 

3 terms and conditions in connection with the conveyance au4 thorized by subsection (a) as the Commandant considers ap5 propriate to protect the interests of the United States. 

6 SEC. 908. MISSION REQUIREMENT ANALYSIS FOR NAVI7 GABLE PORTIONS OF THE RIO GRANDE 

8 RIVER, TEXAS, INTERNATIONAL WATER 

9 BOUNDARY. 

10 Not later than 90 days after the date of the enactment 

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

12 Coast Guard is operating shall prepare a mission require13 ment analysis for the navigable portions of the Rio Grande 

14 River, Texas, international water boundary. The analysis 

15 shall take into account the Coast Guard’s involvement on 

16 the Rio Grande River by assessing Coast Guard missions, 

17 assets, and personnel assigned along the Rio Grande River. 

18 The analysis shall also identify what would be needed for 

19 the Coast Guard to increase search and rescue operations, 

20 migrant interdiction operations, and drug interdiction op21 erations. In carrying out this section, the Secretary shall 

22 work with all appropriate entities to facilitate the collection 

23 of information under this section as necessary and shall re24 port the analysis to the Congress. 
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1 SEC. 909. 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 a 

7 parcel of real property, consisting of approximately 3 acres, 

8 more or less, that is under the administrative control of the 

9 Coast Guard and located at 900 S. Western Avenue in Che10 boygan, 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 of 

21 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 responsibility for all 

2 reasonable and necessary costs, including real estate trans3 action and environmental documentation costs, associated 

4 with the transaction shall be determined by the Com5 mandant of the Coast Guard and the purchaser. 

6 (f) ADDITIONAL TERMS AND CONDITIONS.—The Com7 mandant of the Coast Guard may require such additional 

8 terms and conditions in connection with the conveyance 

9 under subsection (a) as is considered appropriate to protect 

10 the interests of the United States. 

11 SEC. 910. ALTERNATIVE LICENSING PROGRAM FOR OPERA12 TORS OF UNINSPECTED PASSENGER VESSELS 

13 ON LAKE TEXOMA IN TEXAS AND OKLAHOMA. 

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 opera19 tors 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 thereunder, 

23 but only if the State plan for licensing the operators of 

24 uninspected passenger vessels— 
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1 (1) meets the equivalent standards of safety and 

2 protection of the environment as those contained in 

3 subtitle II of title 46, United States Code, and regula4 tions issued thereunder; 

5 (2) includes— 

6 (A) standards for chemical testing for such 

7 operators; 

8 (B) physical standards for such operators; 

9 (C) professional service and training re10 quirements for such operators; and 

11 (D) criminal history background check for 

12 such operators; 

13 (3) provides for the suspension and revocation of 

14 State licenses; 

15 (4) makes an individual, who is ineligible for a 

16 license issued under title 46, United States Code, in17 eligible for a State license; and 

18 (5) provides for a report that includes— 

19 (A) the number of applications that, for the 

20 preceding year, the State rejected due to failure 

21 to— 

22 (i) meet chemical testing standards; 

23 (ii) meet physical standards; 

24 (iii) meet professional service and 

25 training requirements; and 
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1 (iv) pass criminal history background 

2 check for such operators; 

3 (B) the number of licenses that, for the pre4 ceding year, the State issued; 

5 (C) the number of license investigations 

6 that, for the preceding year, the State conducted; 

7 (D) the number of licenses that, for the pre8 ceding year, the State suspended or revoked, and 

9 the cause for such suspensions or revocations; 

10 and 

11 (E) the number of injuries, deaths, colli12 sions, and loss or damage associated with 

13 uninspected passenger vessels operations that, for 

14 the preceding year, the State investigated. 

15 (b) ADMINISTRATION.— 

16 (1) The Governor of the State may delegate the 

17 execution and enforcement of the State plan, includ18 ing the authority to license and the duty to report in19 formation pursuant to subsection (a), to any subordi20 nate State officer. The Governor shall provide, to the 

21 Secretary, written notice of any delegation. 

22 (2) The Governor (or the Governor’s designee) 

23 shall provide written notice of any amendment to the 

24 State plan no less than 45 days prior to the effective 

25 date of such amendment. 
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1 (3) At the request of the Secretary, the Governor 

2 of the State (or the Governor’s designee) shall grant, 

3 on a biennial basis, the Secretary access to State 

4 records and State personnel for the purpose of audit5 ing State execution and enforcement of the State 

6 plan. 

7 (c) APPLICATION.— 

8 (1) The requirements of section 8903 of title 46, 

9 United States Code, and the regulations issued there10 under shall not apply to any person operating under 

11 the authority of a State license issued pursuant to an 

12 agreement under this section. 

13 (2) The State shall not compel a person, oper14 ating under the authority of a license issued either by 

15 another State, pursuant to a valid agreement under 

16 this section, or by the Secretary, pursuant to section 

17 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 issued 

22 by the State, pursuant to an agreement under 

23 this section. 

24 Nothing in this paragraph shall limit the authority 

25 of the State to impose requirements or fees for privi-
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1 leges, other than licensing, that are associated with 

2 the operation of uninspected passenger vessels on Lake 

3 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 Texoma 

12 in Texas and Oklahoma without further requirement 

13 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 stand20 ards of safety and protection of the environ21 ment as those contained in subtitle II of 

22 title 46, United States Code, and regula23 tions 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 the 

25 agreement authorized by this section, provided that 
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1 the Governor provides written notice to the Secretary 

2 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, the 

8 term ‘‘uninspected passenger vessel’’ has the same meaning 

9 such term has in section 2101(42)(B) of title 46, United 

10 States Code. 

11 SEC. 911. STRATEGY REGARDING DRUG TRAFFICKING VES12 SELS. 

13 Within 180 days after the date of enactment of this 

14 Act, the Secretary of the department in which the Coast 

15 Guard is operating, acting through the Commandant of the 

16 Coast Guard, shall submit a report to Congress on its com17 prehensive strategy to combat the illicit flow of narcotics, 

18 weapons, bulk cash, and other contraband through the use 

19 of submersible and semi-submersible vessels. The strategy 

20 shall be developed in coordination with other Federal agen21 cies engaged in detection, interdiction, or apprehension of 

22 such vessels. At a minimum, the report shall include the 

23 following: 

24 (1) An assessment of the threats posed by sub25 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 personnel, 

4 technology and other resources available to detect and 

5 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. 912. USE OF FORCE AGAINST PIRACY. 

13 (a) IN GENERAL.—Chapter 81 of title 46, United 

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

15 new section: 

16 ‘‘§ 8107. Use of force against piracy 

17 ‘‘(a) LIMITATION ON LIABILITY.—An owner, operator, 

18 time charterer, master, mariner, or individual who uses 

19 force or authorizes the use of force to defend a vessel of the 

20 United States against an act of piracy shall not be liable 

21 for monetary damages for any injury or death caused by 

22 such force to any person engaging in an act of piracy if 

23 such force was in accordance with standard rules for the 

24 use of force in self-defense of vessels prescribed by the Sec25 retary. 
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1 ‘‘(b) PROMOTION OF COORDINATED ACTION.—To carry 

2 out the purpose of this section, the Secretary of the depart3 ment in which the Coast Guard is operating shall work 

4 through the International Maritime Organization to estab5 lish agreements to promote coordinated action among flag6 and port-states to deter, protect against, and rapidly re7 spond to piracy against the vessels of, and in the waters 

8 under the jurisdiction of, those nations, and to ensure limi9 tations on liability similar to those established by sub10 section (a). 

11 ‘‘(c) DEFINITION.—For the purpose of this section, the 

12 term ‘act of piracy’ means any act of aggression, search, 

13 restraint, depredation, or seizure attempted against a vessel 

14 of the United States by an individual not authorized by 

15 the United States, a foreign government, or an inter16 national organization recognized by the United States to 

17 enforce law on the high seas.’’. 

18 (b) CLERICAL AMENDMENT.—The analysis at the be19 ginning of such chapter is amended by adding at the end 

20 the following new item: 

‘‘8107. Use of force against piracy.’’. 

21 (c) STANDARD RULES FOR THE USE OF FORCE FOR

22 SELF-DEFENSE OF VESSELS OF THE UNITED STATES.— 

23 Not later than 180 days after the date of enactment of this 

24 act, the secretary of the department in which the coast 

25 guard is operating, in consultation with representatives of 
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1 industry and labor, shall develop standard rules for the use 

2 of force for self-defense of vessels of the United States. 

3 SEC. 913. TECHNICAL AMENDMENTS TO CHAPTER 313 OF 

4 TITLE 46, UNITED STATES CODE. 

5 (a) IN GENERAL.—Chapter 313 of title 46, United 

6 States Code, is amended— 

7 (1) by striking ‘‘of Transportation’’ in sections 

8 31302, 31306, 31321, 31330, and 31343 each place it 

9 appears; 

10 (2) by striking ‘‘and’’ after the semicolon in sec11 tion 31301(5)(F); 

12 (3) by striking ‘‘office.’’ in section 31301(6) and 

13 inserting ‘‘office; and’’; and 

14 (4) by adding at the end of section 31301 the fol15 lowing: 

16 ‘‘(7) ‘Secretary’ means the Secretary of the De17 partment of Homeland Security, unless otherwise 

18 noted.’’. 

19 (b) SECRETARY AS MORTGAGEE.—Section 31308 of 

20 such title is amended by striking ‘‘When the Secretary of 

21 Commerce or Transportation is a mortgagee under this 

22 chapter, the Secretary’’ and inserting ‘‘The Secretary of 

23 Commerce or Transportation, as a mortgagee under this 

24 chapter,’’. 
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1 (c) SECRETARY OF TRANSPORTATION.—Section 

2 31329(d) of such title is amended by striking ‘‘Secretary.’’ 

3 and inserting ‘‘Secretary of Transportation.’’. 

4 (d) MORTGAGEE.— 

5 (1) Section 31330(a)(1) of such title, as amended 

6 by subsection (a)(1) of this section, is amended— 

7 (A) by inserting ‘‘or’’ after the semicolon in 

8 subparagraph (B); 

9 (B) by striking ‘‘Secretary; or’’ in subpara10 graph (C) and inserting ‘‘Secretary.’’; and 

11 (C) by striking subparagraph (D). 

12 (2) Section 31330(a)(2) is amended— 

13 (A) by inserting ‘‘or’’ after the semicolon in 

14 subparagraph (B); 

15 (B) by striking ‘‘faith; or’’ in subparagraph 

16 (C) and inserting ‘‘faith.’’; and 

17 (C) by striking subparagraph (D). 

18 SEC. 914. CONVEYANCE OF COAST GUARD VESSELS FOR 

19 PUBLIC PURPOSES. 

20 (a) IN GENERAL.—Whenever the transfer of ownership 

21 of a Coast Guard vessel or aircraft to an eligible entity for 

22 use for educational, cultural, historical, charitable, rec23 reational, or other public purposes is authorized by law or 

24 declared excess by the Commandant, the Coast Guard shall 
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1 transfer the vessel or aircraft to the General Services Ad2 ministration for conveyance to the eligible entity. 

3 (b) CONDITIONS OF CONVEYANCE.—The General Serv4 ices Administration may not convey a vessel or aircraft to 

5 an eligible entity as authorized by law unless the eligible 

6 entity agrees— 

7 (1) to provide the documentation needed by the 

8 General Services Administration to process a request 

9 for aircraft or vessels under section 102.37.225 of title 

10 41, Code of Federal Regulations; 

11 (2) to comply with the special terms, conditions, 

12 and restrictions imposed on aircraft and vessels under 

13 section 102.37.460 of such title; 

14 (3) to make the vessel available to the United 

15 States Government if it is needed for use by the Com16 mandant of the Coast Guard in time of war or a na17 tional emergency; and 

18 (4) to hold the United States Government harm19 less for any claims arising from exposure to haz20 ardous materials, including asbestos and poly21 chlorinated biphenyls, that occurs after conveyance of 

22 the vessel, except for claims arising from use of the 

23 vessel by the United States Government under para24 graph (3). 
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1 (c) OTHER OBLIGATIONS UNAFFECTED.—Nothing in 

2 this section amends or affects any obligation of the Coast 

3 Guard or any other person under the Toxic Substances Con4 trol Act (15 U.S.C. 2601 et seq.) or any other law regarding 

5 use or disposal of hazardous materials including asbestos 

6 and polychlorinated biphenyls. 

7 (d) ELIGIBLE ENTITY DEFINED.—In this section, the 

8 term ‘‘eligible entity’’ means a State or local government, 

9 nonprofit corporation, educational agency, community de10 velopment organization, or other entity that agrees to com11 ply with the conditions established under this section. 

12 SEC. 915. ASSESSMENT OF CERTAIN AIDS TO NAVIGATION 

13 AND TRAFFIC FLOW. 

14 (a) INFORMATION ON USAGE.—Within 60 days after 

15 the date of enactment of this Act, the Commandant of the 

16 Coast Guard shall— 

17 (1) determine the types and numbers of vessels 

18 typically transiting or utilizing that portion of the 

19 Atlantic Intracoastal Waterway beginning at a point 

20 that is due East of the outlet of the Cutler Drain 

21 Canal C–100 in Dade County, Florida, and ending at 

22 the Dade County line, during a period of 30 days; 

23 and 

24 (2) provide the information on usage compiled 

25 under this subsection to the Senate Committee on 
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1 Commerce, Science, and Transportation and the 

2 House of Representatives Committee on Transpor3 tation and Infrastructure. 

4 (b) ASSESSMENT OF CERTAIN AIDS TO NAVIGATION.— 

5 Within 90 days after the date of enactment of this Act, the 

6 Commandant of the Coast Guard shall— 

7 (1) review and assess the buoys, markers, and 

8 other aids to navigation in and along that portion of 

9 the Atlantic Intracoastal Waterway specified in sub10 section (a), to determine the adequacy and sufficiency 

11 of such aids, and the need to replace such aids, install 

12 additional aids, or both; and 

13 (2) submit a report on the assessment required 

14 by this section to the committees. 

15 (c) SUBMISSION OF PLAN.—Within 180 days after the 

16 date of enactment of this Act, the Commandant shall submit 

17 a plan to the committees to address the needs identified 

18 under subsection (b). 

19 SEC. 916. FRESNEL LENS FROM PRESQUE ISLE LIGHT STA20 TION IN PRESQUE ISLE, MICHIGAN. 

21 (a) DETERMINATION; ANALYSES.— 

22 (1) DETERMINATION.—The Commandant of the 

23 Coast Guard shall determine the necessity and ade24 quacy of the existing Federal aids to navigation at 

25 Presque Isle Light Station, Presque Isle, Michigan 
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1 (hereinafter ‘‘Light Station’’), and submit such deter2 mination to the Committee on Transportation and 

3 Infrastructure of the House of Representatives and the 

4 Committee on Commerce, Science, and Transpor5 tation of the Senate. The Commandant may base such 

6 determination on the Waterways Analysis and Man7 agement System study of such Federal aid to naviga8 tion, provided that such study was completed not 

9 more than 1 year prior to the date of enactment of 

10 this section. 

11 (2) ANALYSES.—The Commandant of the Coast 

12 Guard shall conduct— 

13 (A) an analysis of the feasibility of restor14 ing the Fresnel Lens from the Light Station to 

15 operating condition, the capacity of the Coast 

16 Guard to maintain the Fresnel Lens as a Fed17 eral aid to navigation, and the impact on the 

18 Fresnel Lens as an artifact if used as a Federal 

19 aid to navigation; and 

20 (B) a comparative analysis of the cost of re21 storing, reinstalling, operating, and maintaining 

22 the Fresnel Lens (including life-cycle costs) and 

23 the cost of operating and maintaining the exist24 ing Federal aid to navigation at the Light Sta25 tion (including life-cycle costs). 
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1 (3) SUBMISSION.—Not later than 1 year after 

2 the date of enactment of this section, the Com3 mandant of the Coast Guard shall submit the deter4 mination and analyses, conducted pursuant to this 

5 subsection, to the Committee on Transportation and 

6 Infrastructure of the House of Representatives and the 

7 Committee on Commerce, Science, and Transpor8 tation of the Senate. 

9 (b) TRANSFER POSSESSION OF LENS AUTHORIZED.— 

10 (1) TRANSFER OF POSSESSION.—Notwith11 standing any other provision of law, the Com12 mandant of the Coast Guard may transfer to the 

13 Township of Presque Isle, Michigan (hereinafter 

14 ‘‘Township’’), possession of the Fresnel Lens from the 

15 Light Station for the purpose of conserving and dis16 playing such Fresnel Lens as an artifact in an exhi17 bition facility at or near the Light Station. 

18 (2) CONDITION.—As a condition of the transfer 

19 of possession pursuant to paragraph (1)— 

20 (A) all Federal aids to navigation located 

21 at, on, or in the Light Station in operation on 

22 the date of transfer of possession shall remain the 

23 personal property of the United States and con24 tinue to be operated and maintained by the 
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1 United States for as long as needed for naviga2 tional purposes; 

3 (B) there is reserved to the United States 

4 the right to maintain, remove, replace, or install 

5 any Federal aid to navigation located at, on, or 

6 in the Light Station as may be necessary for 

7 navigational purposes; and 

8 (C) the Township shall neither interfere nor 

9 allow interference in any manner with any Fed10 eral aid to navigation, nor hinder activities re11 quired for the operation and maintenance of any 

12 Federal aid to navigation. 

13 (3) ALTERNATIVE DISPLAY.— 

14 (A) In the event that— 

15 (i) the Commandant of the Coast 

16 Guard, pursuant to a Waterways Analysis 

17 and Management System study, discon18 tinues the existing Federal aids to naviga19 tion at, on, or in the Light Station; and 

20 (ii) the Township demonstrates to the 

21 satisfaction of the Commandant that the 

22 Township can restore, reinstall, and display 

23 the Fresnel Lens from the Light Station in 

24 the lantern room of such Light Station in 
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1 a manner that conserves such Fresnel Lens 

2 as an artifact, 

3 the Township is authorized, notwithstanding 

4 paragraph (1), to display such Fresnel Lens in 

5 the lantern room of such Light Station. 

6 (B) Nothing in this paragraph shall be con7 strued to prevent the Township from installing a 

8 replica of the Fresnel Lens in the lantern room 

9 of such Light Station. 

10 (c) CONVEYANCE, TRANSFER OF ADDITIONAL PER11 SONAL PROPERTY.—Notwithstanding any other provision 

12 of law, the Commandant may convey or transfer possession 

13 of any personal property of the United States, pertaining 

14 to the Fresnel Lens or the Light Station, as an artifact to 

15 the Township. 

16 (d) TERMS; REVERSIONARY INTEREST.—As a condi17 tion of transfer of possession of personal property of the 

18 United States, pursuant to subsection (c), the Commandant 

19 may require the Township to comply with terms and condi20 tions necessary to protect and conserve such personal prop21 erty. Upon notice that the Commandant has determined 

22 that the Township has not complied with such terms and 

23 conditions, the Township shall immediately transfer posses24 sion of such personal property to the Coast Guard, except 

25 to the extent otherwise approved by the Commandant. 
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1 (e) CONVEYANCE WITHOUT CONSIDERATION.—The 

2 conveyance or transfer of possession of any personal prop3 erty of the United States (including the Fresnel Lens) under 

4 this section shall be without consideration. 

5 (f) DELIVERY OF PROPERTY.—The Commandant shall 

6 deliver any personal property, conveyed or transferred pur7 suant to this section (including the Fresnel Lens)— 

8 (1) at the place where such property is located 

9 on the date of the conveyance; 

10 (2) in condition on the date of conveyance; and 

11 (3) without cost to the United States. 

12 (g) MAINTENANCE OF PROPERTY.—As a condition of 

13 the transfer of possession of the Fresnel Lens and any other 

14 personal property of the United States to the Township 

15 under this section, the Commandant shall enter into an 

16 agreement with the Township under which the Township 

17 agrees to hold the United States harmless for any claim 

18 arising with respect to the Fresnel Lens or such personal 

19 property. 

20 (h) LIMITATION ON FUTURE TRANSFERS.—The instru21 ments providing for the transfer of possession of the Fresnel 

22 Lens or any other personal property of the United States 

23 under this section shall— 

24 (1) require that any further transfer of an inter25 est in the Fresnel Lens or personal property may not 
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1 be made without the advance approval of the Com2 mandant; and 

3 (2) provide that, if the Commandant determines 

4 that an interest in the Fresnel Lens or personal prop5 erty was transferred without such approval— 

6 (A) all right, title, and interest in the 

7 Fresnel Lens or personal property shall revert to 

8 the United States, and the United States shall 

9 have the right to immediate possession of the 

10 Fresnel Lens or personal property; and 

11 (B) the recipient of the Fresnel Lens or per12 sonal property shall pay the United States for 

13 costs incurred by the United States in recovering 

14 the Fresnel Lens or personal property. 

15 (i) ADDITIONAL TERMS AND CONDITIONS.—The Com16 mandant may require such additional terms and conditions 

17 in connection with the conveyance or transfer of personal 

18 property of the United States (including the Fresnel Lens) 

19 authorized by this section as the Commandant considers ap20 propriate to protect the interests of the United States. 

21 SEC. 917. MARITIME LAW ENFORCEMENT. 

22 (a) PENALTIES.—Section 2237(b) of title 18, United 

23 States Code, is amended to read as follows: 

24 ‘‘(b) Whoever knowingly violates this section shall— 
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1 ‘‘(1) if the offense results in death or involves 

2 kidnapping, an attempt to kidnap or kill, conduct re3 quired for an offense or an attempt to commit an of4 fense, under section 2241 (relating to aggravated sex5 ual abuse) without regard to where it takes place, or 

6 an attempt to kill, be fined under this title or impris7 oned for any term of years or life, or both; 

8 ‘‘(2) if the offense results in serious bodily injury 

9 (as defined in section 1365), be fined under this title 

10 or imprisoned for not more than 15 years, or both; 

11 ‘‘(3) if the offense involves knowing transpor12 tation under inhumane conditions and is committed 

13 in the course of a violation of section 274 of the Im14 migration and Nationality Act; chapter 77 or section 

15 111, 111A, 113, or 117 of this title; chapter 705 of 

16 title 46; or title II of the Act of June 15, 1917 (Chap17 ter 30; 40 Stat. 220), be fined under this title or im18 prisoned for not more than 15 years, or both; and 

19 ‘‘(4) in any other case, be fined under this title 

20 or imprisoned for not more than 5 years, or both.’’. 

21 (b) DEFINITION.—Section 2237(e) of title 18, United 

22 States Code is amended— 

23 (1) by amending paragraph (3) to read as fol24 lows: 
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1 ‘‘(3) the term ‘vessel subject to the jurisdiction of 

2 the United States’ has the meaning given the term in 

3 section 70502 of title 46;’’; 

4 (2) in paragraph (4), by striking ‘‘section 2 of 

5 the Maritime Drug Law Enforcement Act (46 U.S.C. 

6 App. 1903).’’ and inserting ‘‘section 70502 of title 46; 

7 and’’; and 

8 (3) by adding at the end the following new para9 graph: 

10 ‘‘(5) the term ‘transportation under inhumane 

11 conditions’ means— 

12 ‘‘(A) transportation— 

13 ‘‘(i) of one or more persons in an en14 gine compartment, storage compartment, or 

15 other confined space; 

16 ‘‘(ii) at an excessive speed; or 

17 ‘‘(iii) of a number of persons in excess 

18 of the rated capacity of the vessel; or 

19 ‘‘(B) intentional grounding of a vessel in 

20 which persons are being transported.’’. 

21 SEC. 918. CAPITAL INVESTMENT PLAN. 

22 The Commandant of the Coast Guard shall submit to 

23 the Committee on Transportation and Infrastructure and 

24 the Committee on Commerce, Science, and Transportation 

25 of the Senate the Coast Guard’s 5-year capital investment 
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1 plan concurrent with the President’s budget submission for 

2 each fiscal year. 

3 SEC. 919. REPORTS. 

4 Notwithstanding any other provision of law, in fiscal 

5 year 2011 the total amount of appropriated funds obligated 

6 or expended by the Coast Guard during any fiscal year in 

7 connection with any study or report required by law may 

8 not exceed the total amount of appropriated funds obligated 

9 or expended by the Coast Guard for such purpose in fiscal 

10 year 2010. In order to comply with the requirements of this 

11 limitation, the Commandant of the Coast Guard shall estab12 lish for each fiscal year a rank order of priority for studies 

13 and reports that can be conducted or completed during the 

14 fiscal year consistent with this limitation and shall post 

15 the list on the Coast Guard’s public website. 

16 SEC. 920. COMPLIANCE PROVISION. 

17 The budgetary effects of this Act, for purposes of com18 plying with the Statutory Pay-As-You-Go Act of 2010, shall 

19 be determined by reference to the latest statement titled 

20 ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, 

21 jointly submitted for printing in the Congressional Record 

22 by the Chairmen of the House and Senate Budget Commit23 tees, provided that such statement has been submitted prior 

24 to the vote on passage in the House acting first on this con25 ference report or amendments between the Houses. 
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1 SEC. 921. CONVEYANCE OF COAST GUARD PROPERTY IN 

2 PORTLAND, MAINE. 

3 Section 347 of the Maritime Transportation Security 

4 Act of 2002 (116 Stat. 2108; as amended by section 706 

5 of Public Law 109–347 (120 Stat. 1946)) is amended in 

6 subsection (i), by adding at the end the following new para7 graph: 

8 ‘‘(3) PUBLIC AQUARIUM.—For purposes of this 

9 section, the term ‘aquarium’ or ‘public aquarium’ as 

10 used in this section or in the deed delivered to the 

11 Corporation or any agreement entered into pursuant 

12 to this section, means any new building constructed 

13 by the Corporation adjacent to the pier and bulkhead 

14 in compliance with the waterfront provisions of the 

15 City of Portland Code of Ordinances.’’. 

16 TITLE X—CLEAN HULLS 

17 Subtitle A—General Provisions 

18 SEC. 1011. DEFINITIONS. 

19 In this title: 

20 (1) ADMINISTRATOR.—The term ‘‘Adminis21 trator’’ means the Administrator of the Environ22 mental Protection Agency. 

23 (2) ANTIFOULING SYSTEM.—The term 

24 ‘‘antifouling system’’ means a coating, paint, surface 

25 treatment, surface, or device that is used or intended 
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1 to be used on a vessel to control or prevent attachment 

2 of unwanted organisms. 

3 (3) CONVENTION.—The term ‘‘Convention’’ 

4 means the International Convention on the Control of 

5 Harmful Anti-Fouling Systems on Ships, 2001, in6 cluding its annexes, and including any amendments 

7 to the Convention or annexes which have entered into 

8 force for the United States. 

9 (4) FPSO.—The term ‘‘FPSO’’ means a floating 

10 production, storage, or offloading unit. 

11 (5) FSU.—The term ‘‘FSU’’ means a floating 

12 storage unit. 

13 (6) GROSS TONNAGE.—The term ‘‘gross tonnage’’ 

14 as defined in chapter 143 of title 46, United States 

15 Code, means the gross tonnage calculated in accord16 ance with the tonnage measurement regulations con17 tained in annex 1 to the International Convention on 

18 Tonnage Measurement of Ships, 1969. 

19 (7) INTERNATIONAL VOYAGE.—The term ‘‘inter20 national voyage’’ means a voyage by a vessel entitled 

21 to fly the flag of one country to or from a port, ship22 yard, offshore terminal, or other place under the juris23 diction of another country. 

24 (8) ORGANOTIN.—The term ‘‘organotin’’ means 

25 any compound or additive of tin bound to an organic 
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1 ligand, that is used or intended to be used as biocide 

2 in an antifouling system. 

3 (9) PERSON.—The term ‘‘person’’ means— 

4 (A) any individual, partnership, associa5 tion, corporation, or organized group of persons 

6 whether incorporated or not; 

7 (B) any department, agency, or instrumen8 tality of the United States, except as provided in 

9 section 3(b)(2); or 

10 (C) any other government entity. 

11 (10) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of the department in which the Coast 

13 Guard is operating. 

14 (11) SELL OR DISTRIBUTE.—The term ‘‘sell or 

15 distribute’’ means to distribute, sell, offer for sale, 

16 hold for distribution, hold for sale, hold for shipment, 

17 ship, deliver for shipment, release for shipment, im18 port, export, hold for import, hold for export, or re19 ceive and (having so received) deliver or offer to de20 liver. 

21 (12) VESSEL.—The term ‘‘vessel’’ has the mean22 ing given that term in section 3 of title 1, United 

23 States Code, including hydrofoil boats, air cushion 

24 watercraft, submersibles, floating craft, fixed or float-
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1 ing platforms, floating storage units, and floating 

2 production, storage, and offloading units. 

3 (13) TERRITORIAL SEA.—The term ‘‘territorial 

4 sea’’ means the territorial sea as described in Presi5 dential Proclamation No. 5928 on December 27, 1988. 

6 (14) UNITED STATES.—The term ‘‘United 

7 States’’ means the several States of the United States, 

8 the District of Columbia, Puerto Rico, Guam, Amer9 ican Samoa, the Virgin Islands, the Commonwealth of 

10 the Northern Marianas, and any other territory or 

11 possession over which the United States has jurisdic12 tion. 

13 (15) USE.—The term ‘‘use’’ includes application, 

14 reapplication, installation, or any other employment 

15 of an antifouling system. 

16 SEC. 1012. COVERED VESSELS. 

17 (a) INCLUDED VESSEL.—Except as provided in sub18 section (b), after the Convention enters into force for the 

19 United States, the following vessels are subject to the re20 quirements of this title: 

21 (1) A vessel documented under chapter 121 of 

22 title 46, United States Code, or one operated under 

23 the authority of the United States, wherever located. 

24 (2) Any vessel permitted by a Federal agency to 

25 operate on the Outer Continental Shelf. 
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1 (3) Any other vessel when— 

2 (A) in the internal waters of the United 

3 States; 

4 (B) in any port, shipyard, offshore ter5 minal, or other place in the United States; 

6 (C) lightering in the territorial sea; or 

7 (D) to the extent consistent with inter8 national law, anchoring in the territorial sea of 

9 the United States. 

10 (b) EXCLUDED VESSELS.— 

11 (1) IN GENERAL.—The following vessels are not 

12 subject to the requirements of this title: 

13 (A) Any warship, naval auxiliary, or other 

14 vessel owned or operated by a foreign state, and 

15 used, for the time being, only on government 

16 noncommercial service. 

17 (B) Except as provided in paragraph (2), 

18 any warship, naval auxiliary, or other vessel 

19 owned or operated by the United States and used 

20 for the time being only on government non21 commercial service. 

22 (2) APPLICATION TO UNITED STATES GOVERN23 MENT VESSELS.— 

24 (A) IN GENERAL.—The Administrator may 

25 apply any requirement of this title to one or 
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1 more classes of vessels described in paragraph 

2 (1)(B), if the head of the Federal department or 

3 agency under which those vessels operate concurs 

4 in that application. 

5 (B) LIMITATION FOR COMBAT-RELATED

6 VESSEL.—Subparagraph (A) shall not apply to 

7 combat-related vessels. 

8 SEC. 1013. ADMINISTRATION AND ENFORCEMENT. 

9 (a) IN GENERAL.—Unless otherwise specified in this 

10 title, with respect to a vessel, the Secretary shall administer 

11 and enforce the Convention and this title. 

12 (b) ADMINISTRATOR.—Except with respect to section 

13 1031(b) and (c), the Administrator shall administer and 

14 enforce subtitle C. 

15 (c) REGULATIONS.—The Administrator and the Sec16 retary may each prescribe and enforce regulations as may 

17 be necessary to carry out their respective responsibilities 

18 under this title. 

19 SEC. 1014. COMPLIANCE WITH INTERNATIONAL LAW. 

20 Any action taken under this title shall be taken in ac21 cordance with treaties to which the United States is a party 

22 and other international obligations of the United States. 
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1 SEC. 1015. UTILIZATION OF PERSONNEL, FACILITIES OR 

2 EQUIPMENT OF OTHER FEDERAL DEPART3 MENTS AND AGENCIES. 

4 The Secretary and the Administrator may utilize by 

5 agreement, with or without reimbursement, personnel, fa6 cilities, or equipment of other Federal departments and 

7 agencies in administering the Convention, this title, or any 

8 regulations prescribed under this title. 

9 Subtitle B—Implementation of the 

10 Convention 

11 SEC. 1021. CERTIFICATES. 

12 (a) CERTIFICATE REQUIRED.—On entry into force of 

13 the Convention for the United States, any vessel of at least 

14 400 gross tons that engages in one or more international 

15 voyages (except fixed or floating platforms, FSUs, and 

16 FPSOs) shall carry an International Antifouling System 

17 Certificate. 

18 (b) ISSUANCE OF CERTIFICATE.—On entry into force 

19 of the Convention, on a finding that a successful survey re20 quired by the Convention has been completed, a vessel of 

21 at least 400 gross tons that engages in at least one inter22 national voyage (except fixed or floating platforms, FSUs, 

23 and FPSOs) shall be issued an International Antifouling 

24 System Certificate. The Secretary may issue the Certificate 

25 required by this section. The Secretary may delegate this 
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1 authority to an organization that the Secretary determines 

2 is qualified to undertake that responsibility. 

3 (c) MAINTENANCE OF CERTIFICATE.—The Certificate 

4 required by this section shall be maintained as required by 

5 the Secretary. 

6 (d) CERTIFICATES ISSUED BY OTHER PARTY COUN7 TRIES.—A Certificate issued by any country that is a party 

8 to the Convention has the same validity as a Certificate 

9 issued by the Secretary under this section. 

10 (e) VESSELS OF NONPARTY COUNTRIES.—Notwith11 standing subsection (a), a vessel of at least 400 gross tons, 

12 having the nationality of or entitled to fly the flag of a 

13 country that is not a party to the Convention, may dem14 onstrate compliance with this title through other appro15 priate documentation considered acceptable by the Sec16 retary. 

17 SEC. 1022. DECLARATION. 

18 (a) REQUIREMENTS.—On entry into force of the Con19 vention for the United States, a vessel of at least 24 meters 

20 in length, but less than 400 gross tons engaged on an inter21 national voyage (except fixed or floating platforms, FSUs, 

22 and FPSOs) must carry a declaration described in sub23 section (b) that is signed by the owner or owner’s authorized 

24 agent. That declaration shall be accompanied by appro-
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1 priate documentation, such as a paint receipt or a con2 tractor invoice, or contain an appropriate endorsement. 

3 (b) CONTENT OF DECLARATION.—The declaration 

4 must contain a clear statement that the antifouling system 

5 on the vessel complies with the Convention. The Secretary 

6 may prescribe the form and other requirements of the dec7 laration. 

8 SEC. 1023. OTHER COMPLIANCE DOCUMENTATION. 

9 In addition to the requirements under sections 1021 

10 and 1022, the Secretary may require vessels to hold other 

11 documentation considered necessary to verify compliance 

12 with this title. 

13 SEC. 1024. PROCESS FOR CONSIDERING ADDITIONAL CON14 TROLS. 

15 (a) ACTIONS BY ADMINISTRATOR.—The Administrator 

16 may— 

17 (1) participate in the technical group described 

18 in Article 7 of the Convention, and in any other body 

19 convened pursuant to the Convention for the consider20 ation of new or additional controls on antifouling 

21 systems; 

22 (2) evaluate any risks of adverse effects on non23 target organisms or human health presented by a 

24 given antifouling system such that the amendment of 

25 annex 1 of the Convention may be warranted; 
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1 (3) undertake an assessment of relevant environ2 mental, technical, and economic considerations nec3 essary to evaluate any proposals for new or addi4 tional controls of antifouling systems under the Con5 vention, including benefits in the United States and 

6 elsewhere associated with the production and use in 

7 the United States and elsewhere, of the subject 

8 antifouling system; and 

9 (4) develop recommendations based on that as10 sessment. 

11 (b) REFERRALS TO TECHNICAL GROUP.— 

12 (1) CONVENING OF SHIPPING COORDINATING

13 COMMITTEE.—On referral of any antifouling system 

14 to the technical group described in article 7 of the 

15 Convention for consideration of new or additional 

16 controls, the Secretary of State shall convene a public 

17 meeting of the Shipping Coordinating Committee for 

18 the purpose of receiving information and comments 

19 regarding controls on such antifouling system. The 

20 Secretary of State shall publish advance notice of 

21 such meeting in the Federal Register and on the State 

22 Department’s Web site. The Administrator shall as23 semble and maintain a public docket containing no24 tices pertaining to that meeting, any comments re-
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1 sponding to those notices, the minutes of that meeting, 

2 and materials presented at that meeting. 

3 (2) REPORT BY TECHNICAL GROUP.—The Ad4 ministrator shall promptly make any report by the 

5 technical group described in the Convention available 

6 to the public through the docket established pursuant 

7 to subsection (b) and announce the availability of 

8 that report in the Federal Register. The Adminis9 trator shall provide an opportunity for public com10 ment on the report for a period of not less than 30 

11 days from the time the availability of the report is 

12 announced in the Federal Register. 

13 (3) CONSIDERATION OF COMMENTS.—To the ex14 tent practicable, the Administrator shall take any 

15 comments into consideration in developing rec16 ommendations under subsection (a). 

17 SEC. 1025. SCIENTIFIC AND TECHNICAL RESEARCH AND 

18 MONITORING; COMMUNICATION AND INFOR19 MATION. 

20 The Secretary, the Administrator, and the Adminis21 trator of the National Oceanic and Atmospheric Adminis22 tration may each undertake scientific and technical re23 search and monitoring pursuant to article 8 of the Conven24 tion and to promote the availability of relevant information 

25 concerning— 
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1 (1) scientific and technical activities undertaken 

2 in accordance with the Convention; 

3 (2) marine scientific and technological programs 

4 and their objectives; and 

5 (3) the effects observed from any monitoring and 

6 assessment programs relating to antifouling systems. 

7 SEC. 1026. COMMUNICATION AND EXCHANGE OF INFORMA8 TION. 

9 (a) IN GENERAL.—Except as provided in subsection 

10 (b), with respect to those antifouling systems regulated by 

11 the Administrator, the Administrator shall provide to any 

12 party to the Convention that requests it, relevant informa13 tion on which the decision to regulate was based, including 

14 information provided for in annex 3 to the Convention, or 

15 other information suitable for making an appropriate eval16 uation of the antifouling system. 

17 (b) LIMITATION.—This section shall not be construed 

18 to authorize the provision of information the disclosure of 

19 which is otherwise prohibited by law. 

20 Subtitle C—Prohibitions and 

21 Enforcement Authority 

22 SEC. 1031. PROHIBITIONS. 

23 (a) IN GENERAL.—Notwithstanding any other provi24 sion of law, it is unlawful for any person— 
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1 (1) to act in violation of this title, or any regu2 lation prescribed under this title; 

3 (2) to sell or distribute in domestic or inter4 national commerce organotin or an antifouling sys5 tem containing organotin; 

6 (3) to manufacture, process, or use organotin to 

7 formulate an antifouling system; 

8 (4) to apply an antifouling system containing 

9 organotin on any vessel to which this title applies; or 

10 (5) after the Convention enters into force for the 

11 United States, to apply or otherwise use in a manner 

12 inconsistent with the Convention, an antifouling sys13 tem on any vessel that is subject to this title. 

14 (b) VESSEL HULLS.—Except as provided in subsection 

15 (c), no vessel shall bear on its hull or outer surface any 

16 antifouling system containing organotin, regardless of when 

17 such system was applied, unless that vessel bears an over18 coating which forms a barrier to organotin leaching from 

19 the underlying antifouling system. 

20 (c) LIMITATIONS.— 

21 (1) EXCEPTED VESSEL.—Subsection (b) does not 

22 apply to fixed or floating platforms, FSUs, or FPSOs 

23 that were constructed prior to January 1, 2003, and 

24 that have not been in dry dock on or after that date. 
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1 (2) SALE, MANUFACTURE, ETC.—This section 

2 does not apply to— 

3 (A) the sale, distribution, or use pursuant 

4 to any agreement between the Administrator and 

5 any person that results in an earlier prohibition 

6 or cancellation date than specified in this title; 

7 or 

8 (B) the manufacture, processing, formula9 tion, sale, distribution, or use of organotin or 

10 antifouling systems containing organotin used or 

11 intended for use only for sonar domes or in con12 ductivity sensors in oceanographic instruments. 

13 SEC. 1032. INVESTIGATIONS AND INSPECTIONS BY SEC14 RETARY. 

15 (a) IN GENERAL.—The Secretary may conduct inves16 tigations and inspections regarding a vessel’s compliance 

17 with this title or the Convention. 

18 (b) VIOLATIONS; SUBPOENAS.—In any investigation 

19 under this section, the Secretary may issue subpoenas to 

20 require the attendance of witnesses and the production of 

21 documents and other evidence. In case of refusal to obey 

22 a subpoena issued to any person, the Secretary may request 

23 the Attorney General to invoke the aid of the appropriate 

24 district court of the United States to compel compliance. 
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1 (c) FURTHER ACTION.—On completion of an inves2 tigation, the Secretary may take whatever further action 

3 the Secretary considers appropriate under the Convention 

4 or this title. 

5 (d) COOPERATION.—The Secretary may cooperate with 

6 other parties to the Convention in the detection of violations 

7 and in enforcement of the Convention. Nothing in this sec8 tion affects or alters requirements under any other laws. 

9 SEC. 1033. EPA ENFORCEMENT. 

10 (a) INSPECTIONS, SUBPOENAS.— 

11 (1) IN GENERAL.—For purposes of enforcing this 

12 title or any regulation prescribed under this title, offi13 cers or employees of the Environmental Protection 

14 Agency or of any State designated by the Adminis15 trator may enter at reasonable times any location 

16 where there is being held or may be held organotin or 

17 any other substance or antifouling system regulated 

18 under the Convention, for the purpose of inspecting 

19 and obtaining samples of any containers or labeling 

20 for organotin or other substance or system regulated 

21 under the Convention. 

22 (2) SUBPOENAS.—In any investigation under 

23 this section the Administrator may issue subpoenas to 

24 require the attendance of any witness and the produc25 tion of documents and other evidence. In case of re-
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1 fusal to obey such a subpoena, the Administrator may 

2 request the Attorney General to compel compliance. 

3 (b) STOP MANUFACTURE, SALE, USE, OR REMOVAL

4 ORDERS.—Consistent with section 1013, whenever any 

5 organotin or other substance or system regulated under the 

6 Convention is found by the Administrator and there is rea7 son to believe that a manufacturer, seller, distributor, or 

8 user has violated or is in violation of any provision of this 

9 title, or that such organotin or other substance or system 

10 regulated under the Convention has been or is intended to 

11 be manufactured, distributed, sold, or used in violation of 

12 this title, the Administrator may issue a stop manufacture, 

13 sale, use, or removal order to any person that owns, con14 trols, or has custody of such organotin or other substance 

15 or system regulated under the Convention. After receipt of 

16 that order the person may not manufacture, sell, distribute, 

17 use, or remove the organotin or other substance or system 

18 regulated under the Convention described in the order ex19 cept in accordance with the order. 

20 SEC. 1034. ADDITIONAL AUTHORITY OF THE ADMINIS21 TRATOR. 

22 The Administrator, in consultation with the Secretary, 

23 may establish, as necessary, terms and conditions regarding 

24 the removal and disposal of antifouling systems prohibited 

25 or restricted under this title. 
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1 Subtitle D—Action on Violation, 

2 Penalties, and Referrals 

3 SEC. 1041. CRIMINAL ENFORCEMENT. 

4 Any person who knowingly violates paragraph (2), (3), 

5 (4), or (5) of section 1031(a) or section 1031(b) shall be 

6 fined under title 18, United States Code, or imprisoned not 

7 more than 6 years, or both. 

8 SEC. 1042. CIVIL ENFORCEMENT. 

9 (a) CIVIL PENALTY.— 

10 (1) IN GENERAL.—Any person who is found by 

11 the Secretary or the Administrator, as appropriate, 

12 after notice and an opportunity for a hearing, to 

13 have— 

14 (A) violated the Convention, this title, or 

15 any regulation prescribed under this title, is lia16 ble to the United States Government for a civil 

17 penalty of not more than $37,500 for each viola18 tion; or 

19 (B) made a false, fictitious, or fraudulent 

20 statement or representation in any matter in 

21 which a statement or representation is required 

22 to be made to the Secretary under the Conven23 tion, this title, or any regulations prescribed 

24 under this title, is liable to the United States for 
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1 a civil penalty of not more than $50,000 for each 

2 such statement or representation. 

3 (2) RELATIONSHIP TO OTHER LAW.—This sub4 section shall not limit or affect the authority of the 

5 Government under section 1001 of title 18, United 

6 States Code. 

7 (b) ASSESSMENT OF PENALTY.—The amount of the 

8 civil penalty shall be assessed by the Secretary or Adminis9 trator, as appropriate, by written notice. 

10 (c) LIMITATION FOR RECREATIONAL VESSEL.—A civil 

11 penalty imposed under subsection (a) against the owner or 

12 operator of a recreational vessel, as that term is defined 

13 in section 2101 of title 46, United States Code, for a viola14 tion of the Convention, this title, or any regulation pre15 scribed under this title involving that recreational vessel, 

16 may not exceed $5,000 for each violation. 

17 (d) DETERMINATION OF PENALTY.—For purposes of 

18 penalties under this section, each day of a continuing viola19 tion constitutes a separate violation. In determining the 

20 amount of the penalty, the Secretary or Administrator shall 

21 take into account the nature, circumstances, extent, and 

22 gravity of the prohibited acts committed and, with respect 

23 to the violator, the degree of culpability, any history of prior 

24 offenses, the economic impact of the penalty on the violator, 
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1 the economic benefit to the violator and other matters as 

2 justice may require. 

3 (e) REWARD.—An amount equal to not more than one4 half of any civil penalty assessed by the Secretary or Ad5 ministrator under this section may, subject to the avail6 ability of appropriations, be paid by the Secretary or Ad7 ministrator, respectively, to any person who provided infor8 mation that led to the assessment or imposition of the pen9 alty. 

10 (f) REFERRAL TO ATTORNEY GENERAL.—If any per11 son fails to pay a civil penalty assessed under this section 

12 after it has become final, or comply with an order issued 

13 under this title, the Secretary or Administrator, as appro14 priate, may refer the matter to the Attorney General of the 

15 United States for collection in any appropriate district 

16 court of the United States. 

17 (g) COMPROMISE, MODIFICATION, OR REMISSION.— 

18 Before referring any civil penalty that is subject to assess19 ment or has been assessed under this section to the Attorney 

20 General, the Secretary, or Administrator, as appropriate, 

21 may compromise, modify, or remit, with or without condi22 tions, the civil penalty. 

23 (h) NONPAYMENT PENALTY.—Any person who fails to 

24 pay on a timely basis a civil penalty assessed under this 

25 section shall also be liable to the United States for interest 
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1 on the penalty at an annual rate equal to 11 percent com2 pounded quarterly, attorney fees and costs for collection 

3 proceedings, and a quarterly nonpayment penalty for each 

4 quarter during which such failure to pay persists. That 

5 nonpayment penalty shall be in an amount equal to 20 per6 cent of the aggregate amount of that person’s penalties and 

7 nonpayment penalties that are unpaid as of the beginning 

8 of that quarter. 

9 SEC. 1043. LIABILITY IN REM. 

10 A vessel operated in violation of the Convention, this 

11 title, or any regulation prescribed under this title, is liable 

12 in rem for any fine imposed under section 18, United States 

13 Code, or civil penalty assessed pursuant to section 1042, 

14 and may be proceeded against in the United States district 

15 court of any district in which the vessel may be found. 

16 SEC. 1044. VESSEL CLEARANCE OR PERMITS; REFUSAL OR 

17 REVOCATION; BOND OR OTHER SURETY. 

18 If any vessel that is subject to the Convention or this 

19 title, or its owner, operator, or person in charge, is liable 

20 for a fine or civil penalty under section 1042 or 1043, or 

21 if reasonable cause exists to believe that the vessel, its owner, 

22 operator, or person in charge may be subject to a fine or 

23 civil penalty under section 1042 or 1043, the Secretary may 

24 refuse or revoke the clearance required by section 60105 of 

25 title 46, United States Code. Clearance may be granted 
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1 upon the filing of a bond or other surety satisfaction to the 

2 Secretary. 

3 SEC. 1045. WARNINGS, DETENTIONS, DISMISSALS, EXCLU4 SION. 

5 (a) IN GENERAL.—If a vessel is detected to be in viola6 tion of the Convention, this title, or any regulation pre7 scribed under this title, the Secretary may warn, detain, 

8 dismiss, or exclude the vessel from any port or offshore ter9 minal under the jurisdiction of the United States. 

10 (b) NOTIFICATIONS.—If action is taken under sub11 section (a), the Secretary, in consultation with the Sec12 retary of State, shall make the notifications required by the 

13 Convention. 

14 SEC. 1046. REFERRALS FOR APPROPRIATE ACTION BY FOR15 EIGN COUNTRY. 

16 Notwithstanding sections 1041, 1042, 1043, and 1045, 

17 if a violation of the Convention is committed by a vessel 

18 registered in or of the nationality of a country that is a 

19 party to the Convention, or by a vessel operated under the 

20 authority of a country that is a party to the Convention, 

21 the Secretary, acting in coordination with the Secretary of 

22 State, may refer the matter to the government of the country 

23 of the vessel’s registry or nationality, or under whose au24 thority the vessel is operating, for appropriate action, rath-
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1 er than taking the actions otherwise required or authorized 

2 by this subtitle. 

3 SEC. 1047. REMEDIES NOT AFFECTED. 

4 (a) IN GENERAL.—Nothing in this title limits, denies, 

5 amends, modifies, or repeals any other remedy available to 

6 the United States. 

7 (b) RELATIONSHIP TO STATE AND LOCAL LAW.—Noth8 ing in this title limits, denies, amends, modifies, or repeals 

9 any rights under existing law, of any State, territory, or 

10 possession of the United States, or any political subdivision 

11 thereof, to regulate any antifouling system. Compliance 

12 with the requirements of a State, territory, or possession 

13 of the United States, or political subdivision thereof related 

14 to antifouling paint or any other antifouling system does 

15 not relieve any person of the obligation to comply with this 

16 title. 

17 SEC. 1048. REPEAL. 

18 The Organotin Antifouling Paint Control Act of 1988 

19 (33 U.S.C. 2401 et seq.) is repealed. 
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Amend the title so as to read: ‘‘An Act to authorize 

appropriations for the Coast Guard for fiscal year 2011, 

and for other purposes.’’. 

Attest: 

Clerk. 
H.R. 3619 

HOUSE ADMENDMENTS TO 

SENATE AMENDMENT