H. R. 3619 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the fifth day of January, two thousand and ten 

An Act 

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

other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Coast Guard 

Authorization Act of 2010’’. 

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

is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—AUTHORIZATION 

Sec. 101. Authorization of appropriations. 

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

TITLE II—COAST GUARD 

Sec. 201. Appointment of civilian Coast Guard judges. 

Sec. 202. Industrial activities. 

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

Sec. 204. Commissioned officers. 

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

system. 

Sec. 206. Grants to international maritime organizations. 

Sec. 207. Leave retention authority. 

Sec. 208. Enforcement authority. 

Sec. 209. Repeal. 

Sec. 210. Merchant Mariner Medical Advisory Committee. 

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

Sec. 212. Enhanced status quo officer promotion system. 

Sec. 213. Coast Guard vessels and aircraft. 

Sec. 214. Coast Guard District Ombudsmen. 

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

Sec. 216. Enforcement of coastwise trade laws. 

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

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

Sec. 219. Supplemental positioning system. 

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

Sec. 221. Coast guard housing. 

Sec. 222. Child development services. 

Sec. 223. Chaplain activity expense. 

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

TITLE III—SHIPPING AND NAVIGATION 

Sec. 301. Seaward extension of anchorage grounds jurisdiction. 

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

Sec. 303. Technical amendments to tonnage measurement law. 

Sec. 304. Merchant mariner document standards. 

Sec. 305. Ship emission reduction technology demonstration project. 

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

Sec. 307. Arctic marine shipping assessment implementation. 
H. R. 3619—2 

TITLE IV—ACQUISITION REFORM 

Sec. 401. Chief Acquisition Officer. 

Sec. 402. Acquisitions. 

Sec. 403. National Security Cutters. 

Sec. 404. Acquisition workforce expedited hiring authority. 

TITLE V—COAST GUARD MODERNIZATION 

Sec. 501. Short title. 

Subtitle A—Coast Guard Leadership 

Sec. 511. Vice admirals. 

Subtitle B—Workforce Expertise 

Sec. 521. Prevention and response staff. 

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

Sec. 523. Powers and duties. 

Sec. 524. Appeals and waivers. 

Sec. 525. Coast Guard Academy. 

Sec. 526. Report regarding civilian marine inspectors. 

TITLE VI—MARINE SAFETY 

Sec. 601. Short title. 

Sec. 602. Vessel size limits. 

Sec. 603. Cold weather survival training. 

Sec. 604. Fishing vessel safety. 

Sec. 605. Mariner records. 

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

Sec. 607. Log books. 

Sec. 608. Safe operations and equipment standards. 

Sec. 609. Approval of survival craft. 

Sec. 610. Safety management. 

Sec. 611. Protection against discrimination. 

Sec. 612. Oil fuel tank protection. 

Sec. 613. Oaths. 

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

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

and merchant mariners’ documents. 

Sec. 616. Merchant mariner assistance report. 

Sec. 617. Offshore supply vessels. 

Sec. 618. Associated equipment. 

Sec. 619. Lifesaving devices on uninspected vessels. 

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

Sec. 621. Renewal of advisory committees. 

Sec. 622. Delegation of authority. 

TITLE VII—OIL POLLUTION PREVENTION 

Sec. 701. Rulemakings. 

Sec. 702. Oil transfers from vessels. 

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

Sec. 704. Olympic Coast National Marine Sanctuary. 

Sec. 705. Prevention of small oil spills. 

Sec. 706. Improved coordination with tribal governments. 

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

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

Sec. 709. International efforts on enforcement. 

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

Sec. 711. Tug escorts for laden oil tankers. 

Sec. 712. Extension of financial responsibility. 

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

TITLE VIII—PORT SECURITY 

Sec. 801. America’s Waterway Watch Program. 

Sec. 802. Transportation Worker Identification Credential. 

Sec. 803. Interagency operational centers for port security. 

Sec. 804. Deployable, specialized forces. 

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

Sec. 806. Coast Guard port assistance Program. 

Sec. 807. Maritime biometric identification. 
H. R. 3619—3 

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

Sec. 809. Transportation security cards on vessels. 

Sec. 810. Maritime Security Advisory Committees. 

Sec. 811. Seamen’s shoreside access. 

Sec. 812. Waterside security of especially hazardous cargo. 

Sec. 813. Review of liquefied natural gas facilities. 

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

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

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

attack in major ports. 

Sec. 817. Report and recommendation for uniform security background checks. 

Sec. 818. Transportation security cards: access pending issuance; deadlines for 

processing; receipt. 

Sec. 819. Harmonizing security card expirations. 

Sec. 820. Clarification of rulemaking authority. 

Sec. 821. Port security training and certification. 

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

State harbor divisions, and law enforcement agencies. 

Sec. 823. Transportation security cards. 

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

operational centers. 

Sec. 825. International port and facility inspection coordination. 

Sec. 826. Area transportation security incident mitigation plan. 

Sec. 827. Risk based resource allocation. 

Sec. 828. Port security zones. 

TITLE IX—MISCELLANEOUS PROVISIONS 

Sec. 901. Waivers. 

Sec. 902. Crew wages on passenger vessels. 

Sec. 903. Technical corrections. 

Sec. 904. Manning requirement. 

Sec. 905. Study of bridges over navigable waters. 

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

Sec. 907. Land conveyance, Coast Guard property in Marquette County, Michigan, 

to the City of Marquette, Michigan. 

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

River, Texas, international water boundary. 

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

Sec. 910. Alternative licensing program for operators of uninspected passenger vessels on Lake Texoma in Texas and Oklahoma. 

Sec. 911. Strategy regarding drug trafficking vessels. 

Sec. 912. Use of force against piracy. 

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

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

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

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

Sec. 917. Maritime Law Enforcement. 

Sec. 918. Capital investment plan. 

Sec. 919. Reports. 

Sec. 920. Compliance provision. 

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

TITLE X—CLEAN HULLS 

Subtitle A—General Provisions 

Sec. 1011. Definitions. 

Sec. 1012. Covered vessels. 

Sec. 1013. Administration and enforcement. 

Sec. 1014. Compliance with international law. 

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

Subtitle B—Implementation of the Convention 

Sec. 1021. Certificates. 

Sec. 1022. Declaration. 

Sec. 1023. Other compliance documentation. 

Sec. 1024. Process for considering additional controls. 

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

Sec. 1026. Communication and exchange of information. 

Subtitle C—Prohibitions and Enforcement Authority 

Sec. 1031. Prohibitions. 
H. R. 3619—4 

Sec. 1032. Investigations and inspections by Secretary. 

Sec. 1033. EPA enforcement. 

Sec. 1034. Additional authority of the Administrator. 

Subtitle D—Action on Violation, Penalties, and Referrals 

Sec. 1041. Criminal enforcement. 

Sec. 1042. Civil enforcement. 

Sec. 1043. Liability in rem. 

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

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

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

Sec. 1047. Remedies not affected. 

Sec. 1048. Repeal. 

TITLE I—AUTHORIZATION 

SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

Funds are authorized to be appropriated for fiscal year 2011 

for necessary expenses of the Coast Guard as follows: 

(1) For the operation and maintenance of the Coast Guard, 

$6,970,681,000 of which $24,500,000 is authorized to be derived 

from the Oil Spill Liability Trust Fund to carry out the purposes 

of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 

2712(a)(5)). 

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

improvement of aids to navigation, shore and offshore facilities, 

vessels, and aircraft, including equipment related thereto, 

$1,640,000,000, of which— 

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

Liability Trust Fund to carry out the purposes of section 

1012(a)(5) of the Oil Pollution Act of 1990, to remain available until expended; (B) $1,233,502,000 is authorized for the Integrated 

Deepwater System Program; and (C) $100,000,000 is authorized for shore facilities and 

aids to navigation. 

(3) To the Commandant of the Coast Guard for research, 

development, test, and evaluation of technologies, materials, 

and human factors directly relating to improving the performance of the Coast Guard’s mission in search and rescue, aids 

to navigation, marine safety, marine environmental protection, 

enforcement of laws and treaties, ice operations, oceanographic 

research, and defense readiness, $28,034,000, to remain available until expended, of which $500,000 shall be derived from 

the Oil Spill Liability Trust Fund to carry out the purposes 

of section 1012(a)(5) of the Oil Pollution Act of 1990. 

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

otherwise chargeable to lapsed appropriations for this purpose), 

payments under the Retired Serviceman’s Family Protection 

and Survivor Benefit Plans, and payments for medical care 

of retired personnel and their dependents under chapter 55 

of title 10, United States Code, $1,400,700,000, to remain available until expended. 

(5) For alteration or removal of bridges over navigable 

waters of the United States constituting obstructions to navigation, and for personnel and administrative costs associated 

with the Bridge Alteration Program, $16,000,000. 

(6) For environmental compliance and restoration at Coast 

Guard facilities (other than parts and equipment associated 
H. R. 3619—5 

with operation and maintenance), $13,329,000, to remain available until expended. 

(7) For the Coast Guard Reserve program, including personnel and training costs, equipment, and services, 

$135,675,000. 

SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND 

TRAINING. 

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

an end-of-year strength for active duty personnel of 47,000 for 

the fiscal year ending on September 30, 2011. 

(b) MILITARY TRAINING STUDENT LOADS.—For fiscal year 2011, 

the Coast Guard is authorized average military training student 

loads as follows: 

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

(2) For flight training, 165 student years. 

(3) For professional training in military and civilian institutions, 350 student years. 

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

TITLE II—COAST GUARD 

SEC. 201. APPOINTMENT OF CIVILIAN COAST GUARD JUDGES. 

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

is amended by adding at the end the following: 

‘‘§ 153. Appointment of judges 

‘‘The Secretary may appoint civilian employees of the department in which the Coast Guard is operating as appellate military 

judges, available for assignment to the Coast Guard Court of 

Criminal Appeals as provided for in section 866(a) of title 10.’’. 

(b) CLERICAL AMENDMENT.—The analysis for such chapter is 

amended by adding at the end the following: 

‘‘153. Appointment of judges.’’. 

SEC. 202. INDUSTRIAL ACTIVITIES. 

Section 151 of title 14, United States Code, is amended— 

(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘All orders’’; 

and 

(2) by adding at the end the following: 

‘‘(b) ORDERS AND AGREEMENTS FOR INDUSTRIAL ACTIVITIES.— 

Under this section, the Coast Guard industrial activities may accept 

orders from and enter into reimbursable agreements with establishments, agencies, and departments of the Department of Defense 

and the Department of Homeland Security.’’. 

SEC. 203. REIMBURSEMENT FOR MEDICAL-RELATED TRAVEL 

EXPENSES. 

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

is amended by adding at the end the following: 

‘‘§ 518. Reimbursement for medical-related travel expenses 

for certain persons residing on islands in the continental United States 

‘‘In any case in which a covered beneficiary (as defined in 

section 1072(5) of title 10) resides on an island that is located 
H. R. 3619—6 

in the 48 contiguous States and the District of Columbia and 

that lacks public access roads to the mainland and is referred 

by a primary care physician to a specialty care provider (as defined 

in section 1074i(b) of title 10) on the mainland who provides services 

less than 100 miles from the location where the beneficiary resides, 

the Secretary shall reimburse the reasonable travel expenses of 

the covered beneficiary and, when accompaniment by an adult 

is necessary, for a parent or guardian of the covered beneficiary 

or another member of the covered beneficiary’s family who is at 

least 21 years of age.’’. 

(b) CLERICAL AMENDMENT.—The analysis for such chapter is 

amended by adding at the end the following: 

‘‘518. Reimbursement for medical-related travel expenses for certain persons residing on islands in the continental United States.’’. 

SEC. 204. COMMISSIONED OFFICERS. 

(a) ACTIVE DUTY PROMOTION LIST.—Section 42 of title 14, 

United States Code, is amended to read as follows: 

‘‘§ 42. Number and distribution of commissioned officers on 

active duty promotion list 

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

Guard commissioned officers on the active duty promotion list, 

excluding warrant officers, shall not exceed 7,200; except that the 

Commandant may temporarily increase that number by up to 2 

percent for no more than 60 days following the date of the commissioning of a Coast Guard Academy class. 

‘‘(b) DISTRIBUTION PERCENTAGES BY GRADE.— ‘‘(1) REQUIRED.—The total number of commissioned officers 

authorized by this section shall be distributed in grade in 

the following percentages: 0.375 percent for rear admiral; 0.375 

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

15.0 percent for commander; and 22.0 percent for lieutenant 

commander. 

‘‘(2) DISCRETIONARY.—The Secretary shall prescribe the 

percentages applicable to the grades of lieutenant, lieutenant 

(junior grade), and ensign. 

‘‘(3) AUTHORITY OF SECRETARY TO REDUCE PERCENTAGE.— The Secretary— 

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

require, any of the percentages set forth in paragraph 

(1); and 

‘‘(B) shall apply that total percentage reduction to any 

other lower grade or combination of lower grades. 

‘‘(c) COMPUTATIONS.— 

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

once each year, the total number of commissioned officers 

authorized to serve in each grade by applying the grade distribution percentages established by or under this section to 

the total number of commissioned officers listed on the current 

active duty promotion list. 

‘‘(2) ROUNDING FRACTIONS.—Subject to subsection (a), in 

making the computations under paragraph (1), any fraction 

shall be rounded to the nearest whole number. 

‘‘(3) TREATMENT OF OFFICERS SERVING OUTSIDE COAST

GUARD.—The number of commissioned officers on the active 

duty promotion list below the rank of rear admiral (lower 
H. R. 3619—7 

half) serving with other Federal departments or agencies on 

a reimbursable basis or excluded under section 324(d) of title 

49 shall not be counted against the total number of commissioned officers authorized to serve in each grade. 

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

resulting from computations under subsection (c) shall be, for all 

purposes, the authorized number in each grade; except that the 

authorized number for a grade is temporarily increased during 

the period between one computation and the next by the number 

of officers originally appointed in that grade during that period 

and the number of officers of that grade for whom vacancies exist 

in the next higher grade but whose promotion has been delayed 

for any reason. 

‘‘(e) OFFICERS SERVING COAST GUARD ACADEMY AND RESERVE.— 

The number of officers authorized to be serving on active duty 

in each grade of the permanent commissioned teaching staff of 

the Coast Guard Academy and of the Reserve serving in connection 

with organizing, administering, recruiting, instructing, or training 

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

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

title is amended by striking the item relating to section 42 and 

inserting the following: 

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

list.’’. 

SEC. 205. COAST GUARD PARTICIPATION IN THE ARMED FORCES 

RETIREMENT HOME (AFRH) SYSTEM. 

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

Home Act of 1991 (24 U.S.C. 401) is amended— 

(1) by striking paragraph (4); 

(2) in paragraph (5)— 

(A) by striking ‘‘and’’ at the end of subparagraph (C); 

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

(D) and inserting ‘‘; and’’; and 

(C) by inserting at the end the following: 

‘‘(E) the Assistant Commandant of the Coast Guard 

for Human Resources.’’; and 

(3) by adding at the end of paragraph (6) the following: 

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

Guard.’’. 

(b) CONFORMING AMENDMENTS.—(1) Section 2772 of title 10, 

United States Code, is amended— 

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

Coast Guard, the Commandant’’ after ‘‘concerned’’; and 

(B) by striking subsection (c). 

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

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

Coast Guard, the Commandant’’ after ‘‘Secretary of Defense’’; 

(B) by striking paragraph (4); and 

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

SEC. 206. GRANTS TO INTERNATIONAL MARITIME ORGANIZATIONS. 

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

adding at the end the following: 

‘‘(c) GRANTS TO INTERNATIONAL MARITIME ORGANIZATIONS.— 

After consultation with the Secretary of State, the Commandant 

may make grants to, or enter into cooperative agreements, contracts, 
H. R. 3619—8 

or other agreements with, international maritime organizations for 

the purpose of acquiring information or data about merchant vessel 

inspections, security, safety, environmental protection, classification, and port state or flag state law enforcement or oversight.’’. 

SEC. 207. LEAVE RETENTION AUTHORITY. 

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

is amended by inserting after section 425 the following: 

‘‘§ 426. Emergency leave retention authority 

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

member of the Coast Guard in support of a declaration of a major 

disaster or emergency by the President under the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 

et seq.) or in response to a spill of national significance shall 

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

duty assignment in support of a contingency operation. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) SPILL OF NATIONAL SIGNIFICANCE.—The term ‘spill of 

national significance’ means a discharge of oil or a hazardous 

substance that is declared by the Commandant to be a spill 

of national significance. 

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

given that term in section 1001 of the Oil Pollution Act of 

1990 (33 U.S.C. 2701).’’. 

(b) CLERICAL AMENDMENT.—The analysis for such chapter is 

amended by inserting after the item relating to section 425 the 

following: 

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

(c) APPLICATION.—The amendments made by this section shall 

be deemed to have been enacted on April 19, 2010. 

SEC. 208. ENFORCEMENT AUTHORITY. 

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

is amended by adding at the end the following: 

‘‘§ 99. Enforcement authority 

‘‘Subject to guidelines approved by the Secretary, members 

of the Coast Guard, in the performance of official duties, may— 

‘‘(1) carry a firearm; and 

‘‘(2) while at a facility (as defined in section 70101 of 

title 46)— 

‘‘(A) make an arrest without warrant for any offense 

against the United States committed in their presence; 

and 

‘‘(B) seize property as otherwise provided by law.’’. 

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

States Code, and the item relating to such section in the analysis 

at the beginning of chapter 701 of such title, are repealed. 

(c) CLERICAL AMENDMENT.—The analysis for such chapter is 

amended by adding at the end the following: 

‘‘99. Enforcement authority.’’. 

SEC. 209. REPEAL. 

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

relating to such section in the analysis for chapter 11 of such 

title, are repealed. 
H. R. 3619—9 

SEC. 210. MERCHANT MARINER MEDICAL ADVISORY COMMITTEE. 

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

is amended by adding at the end the following new section: 

‘‘§ 7115. Merchant Mariner Medical Advisory Committee 

‘‘(a) ESTABLISHMENT.— ‘‘(1) IN GENERAL.—There is established a Merchant Mariner 

Medical Advisory Committee (in this section referred to as 

the ‘Committee’). 

‘‘(2) FUNCTIONS.—The Committee shall advise the Secretary 

on matters relating to— 

‘‘(A) medical certification determinations for issuance 

of licences, certificates of registry, and merchant mariners’ 

documents; 

‘‘(B) medical standards and guidelines for the physical 

qualifications of operators of commercial vessels; 

‘‘(C) medical examiner education; and 

‘‘(D) medical research. 

‘‘(b) MEMBERSHIP.— 

‘‘(1) IN GENERAL.—The Committee shall consist of 14 members, none of whom is a Federal employee, and shall include— 

‘‘(A) ten who are health-care professionals with particular expertise, knowledge, or experience regarding the 

medical examinations of merchant mariners or occupational 

medicine; and 

‘‘(B) four who are professional mariners with knowledge 

and experience in mariner occupational requirements. 

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

not be considered Federal employees or otherwise in the service 

or the employment of the Federal Government, except that 

members shall be considered special Government employees, 

as defined in section 202(a) of title 18, United States Code, 

and shall be subject to any administrative standards of conduct 

applicable to the employees of the department in which the 

Coast Guard is operating. 

‘‘(c) APPOINTMENTS; TERMS; VACANCIES.— ‘‘(1) APPOINTMENTS.—The Secretary shall appoint the members of the Committee, and each member shall serve at the 

pleasure of the Secretary. 

‘‘(2) TERMS.—Each member shall be appointed for a term 

of five years, except that, of the members first appointed, three 

members shall be appointed for a term of two years. 

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

prior to the expiration of the term for which that member’s 

predecessor was appointed shall be appointed for the remainder 

of that term. 

‘‘(d) CHAIRMAN AND VICE CHAIRMAN.—The Secretary shall designate one member of the Committee as the Chairman and one 

member as the Vice Chairman. The Vice Chairman shall act as 

Chairman in the absence or incapacity of, or in the event of a 

vacancy in the office of, the Chairman. 

‘‘(e) COMPENSATION; REIMBURSEMENT.—Members of the Committee shall serve without compensation, except that, while engaged 

in the performance of duties away from their homes or regular 

places of business of the member, the member of the Committee 

may be allowed travel expenses, including per diem in lieu of 

subsistence, as authorized by section 5703 of title 5. 
H. R. 3619—10 

‘‘(f) STAFF; SERVICES.—The Secretary shall furnish to the Committee the personnel and services as are considered necessary for 

the conduct of its business.’’. 

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

of enactment of this Act, the Merchant Mariner Medical Advisory 

Committee established by the amendment made by this section 

shall hold its first meeting. 

(c) CLERICAL AMENDMENT.—The analysis for chapter 71 of that 

title is amended by adding at the end the following: 

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

SEC. 211. RESERVE COMMISSIONED WARRANT OFFICER TO LIEUTENANT PROGRAM. 

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

to read as follows: 

‘‘(a) The president may appoint temporary commissioned officers— 

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

lieutenant, appropriate to their qualifications, experience, and 

length of service, as the needs of the Coast Guard may require, 

from among the commissioned warrant officers, warrant officers, and enlisted members of the Coast Guard, and from 

holders of licenses issued under chapter 71 of title 46; and 

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

lieutenant, appropriate to their qualifications, experience, and 

length of service, as the needs of the Coast Guard may require, 

from among the commissioned warrant officers of the Coast 

Guard Reserve.’’. 

SEC. 212. ENHANCED STATUS QUO OFFICER PROMOTION SYSTEM. 

Chapter 11 of title 14, United States Code, is amended— 

(1) in section 253(a)— 

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

(B) by striking ‘‘, and the number of officers the board 

may recommend for promotion’’; 

(2) in section 258— 

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

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

the colon at the end of the material preceding paragraph 

(1) and inserting ‘‘—’’; and 

(C) by adding at the end the following: 

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

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

subsection (a), the Secretary may furnish the selection board— 

‘‘(A) specific direction relating to the needs of the Coast 

Guard for officers having particular skills, including direction relating to the need for a minimum number of officers 

with particular skills within a specialty; and 

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

may be necessary to enable the board to properly perform 

its functions. 

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

provided under this subsection shall not exceed the maximum 

percentage of officers who may be selected from below the 

announced promotion zone at any given selection board convened under section 251 of this title.’’; 
H. R. 3619—11 

(3) in section 259(a), by inserting after ‘‘whom the board’’ 

the following: ‘‘, giving due consideration to the needs of the 

Coast Guard for officers with particular skills so noted in 

specific direction furnished to the board by the Secretary under 

section 258 of this title,’’; and 

(4) in section 260(b), by inserting after ‘‘qualified for promotion’’ the following: ‘‘to meet the needs of the service (as 

noted in specific direction furnished the board by the Secretary 

under section 258 of this title)’’. 

SEC. 213. COAST GUARD VESSELS AND AIRCRAFT. 

(a) AUTHORITY TO FIRE AT OR INTO A VESSEL.—Section 637(c) 

of title 14, United States Code, is amended— 

(1) in paragraph (1), by striking ‘‘; or’’ and inserting a 

semicolon; 

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

and inserting ‘‘; or’’; and 

(3) by adding at the end the following: 

‘‘(3) any other vessel or aircraft on government noncommercial service when— 

‘‘(A) the vessel or aircraft is under the tactical control 

of the Coast Guard; and 

‘‘(B) at least one member of the Coast Guard is 

assigned and conducting a Coast Guard mission on the 

vessel or aircraft.’’. 

(b) AUTHORITY TO DISPLAY COAST GUARD ENSIGNS AND PENNANTS.—Section 638(a) of title 14, United States Code, is amended 

by striking ‘‘Coast Guard vessels and aircraft’’ and inserting ‘‘Vessels and aircraft authorized by the Secretary’’. 

SEC. 214. COAST GUARD DISTRICT OMBUDSMEN. 

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

is amended by adding at the end the following new section: 

‘‘§ 55. District Ombudsmen 

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

Coast Guard District a District Ombudsman to serve as a liaison 

between ports, terminal operators, shipowners, and labor representatives and the Coast Guard. 

‘‘(b) PURPOSE.—The purpose of the District Ombudsman shall 

be the following: 

‘‘(1) To support the operations of the Coast Guard in each 

port in the District for which the District Ombudsman is 

appointed. 

‘‘(2) To improve communications between and among port 

stakeholders including, port and terminal operators, ship 

owners, labor representatives, and the Coast Guard. 

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

and all petitioners regarding requirements imposed or services 

provided by the Coast Guard. 

‘‘(c) FUNCTIONS.— 

‘‘(1) COMPLAINTS.—The District Ombudsman may examine 

complaints brought to the attention of the District Ombudsman 

by a petitioner operating in a port or by Coast Guard personnel. 

‘‘(2) GUIDELINES FOR DISPUTES.— 

‘‘(A) IN GENERAL.—The District Ombudsman shall 

develop guidelines regarding the types of disputes with 
H. R. 3619—12 

respect to which the District Ombudsman will provide 

assistance. 

‘‘(B) LIMITATION.—The District Ombudsman shall not 

provide assistance with respect to a dispute unless it 

involves the impact of Coast Guard requirements on port 

business and the flow of commerce. 

‘‘(C) PRIORITY.—In providing such assistance, the District Ombudsman shall give priority to complaints brought 

by petitioners who believe they will suffer a significant 

hardship as the result of implementing a Coast Guard 

requirement or being denied a Coast Guard service. 

‘‘(3) CONSULTATION.—The District Ombudsman may consult 

with any Coast Guard personnel who can aid in the investigation of a complaint. 

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

shall have access to any Coast Guard document, including 

any record or report, that will aid the District Ombudsman 

in obtaining the information needed to conduct an investigation 

of a complaint. 

‘‘(5) REPORTS.—At the conclusion of an investigation, the 

District Ombudsman shall submit a report on the findings 

and recommendations of the District Ombudsman, to the Commander of the District in which the petitioner who brought 

the complaint is located or operating. 

‘‘(6) DEADLINE.—The District Ombudsman shall seek to 

resolve each complaint brought in accordance with the guidelines— 

‘‘(A) in a timely fashion; and 

‘‘(B) not later than 4 months after the complaint is 

officially accepted by the District Ombudsman. 

‘‘(d) APPOINTMENT.—The Commandant shall appoint as the District Ombudsman an individual who has experience in port and 

transportation systems and knowledge of port operations or of maritime commerce (or both). 

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

to the Committee on Transportation and Infrastructure of the House 

of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate on the matters brought before the 

District Ombudsmen, including— 

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

Ombudsman; 

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

‘‘(3) the eventual resolution of each such matter.’’. 

(b) CLERICAL AMENDMENT.—The analysis at the beginning of 

that chapter is amended by adding at the end the following new 

item: 

‘‘55. District Ombudsmen.’’. 

SEC. 215. COAST GUARD COMMISSIONED OFFICERS: COMPULSORY 

RETIREMENT. 

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

is amended by striking section 293 and inserting the following: 

‘‘§ 293. Compulsory retirement 

‘‘(a) REGULAR COMMISSIONED OFFICERS.—Any regular commissioned officer, except a commissioned warrant officer, serving in 

a grade below rear admiral (lower half) shall be retired on the 
H. R. 3619—13 

first day of the month following the month in which the officer 

becomes 62 years of age. 

‘‘(b) FLAG-OFFICER GRADES.—(1) Except as provided in paragraph (2), any regular commissioned officer serving in a grade 

of rear admiral (lower half) or above shall be retired on the first 

day of the month following the month in which the officer becomes 

64 years of age. 

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

be deferred— 

‘‘(A) by the President, but such a deferment may not extend 

beyond the first day of the month following the month in 

which the officer becomes 68 years of age; or 

‘‘(B) by the Secretary of the department in which the Coast 

Guard is operating, but such a deferment may not extend 

beyond the first day of the month following the month in 

which the officer becomes 66 years of age.’’. 

(b) CLERICAL AMENDMENT.—The analysis at the beginning of 

such chapter is amended by striking the item relating to such 

section and inserting the following: 

‘‘293. Compulsory retirement.’’. 

SEC. 216. ENFORCEMENT OF COASTWISE TRADE LAWS. 

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

is further amended by adding at the end the following: 

‘‘§ 100. Enforcement of coastwise trade laws 

‘‘Officers and members of the Coast Guard are authorized to 

enforce chapter 551 of title 46. The Secretary shall establish a 

program for these officers and members to enforce that chapter.’’. 

(b) CLERICAL AMENDMENT.—The analysis for that chapter is 

further amended by adding at the end the following new item: 

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

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

Coast Guard is operating shall submit a report to the Committee 

on Transportation and Infrastructure of the House of Representatives and the Senate Committee on Commerce, Science, and 

Transportation within 1 year after the date of enactment of this 

Act on the enforcement strategies and enforcement actions taken 

to enforce the coastwise trade laws. 

SEC. 217. REPORT ON SEXUAL ASSAULTS IN THE COAST GUARD. 

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

the Commandant of the Coast Guard shall submit a report on 

the sexual assaults involving members of the Coast Guard to the 

Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives and 

the Committee on Commerce, Science, and Transportation of the 

Senate. 

(b) CONTENTS.—The report required under subsection (a) shall 

contain the following: 

(1) The number of sexual assaults against members of 

the Coast Guard, and the number of sexual assaults by members of the Coast Guard, that were reported to military officials 

during the year covered by such report, and the number of 

the cases so reported that were substantiated. 
H. R. 3619—14 

(2) A synopsis of, and the disciplinary action taken in, 

each substantiated case. 

(3) The policies, procedures, and processes implemented 

by the Secretary concerned during the year covered by such 

report in response to incidents of sexual assault involving members of the Coast Guard concerned. 

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

year following the year covered by such report on the prevention 

of and response to sexual assault involving members of the 

Coast Guard concerned. 

SEC. 218. HOME PORT OF COAST GUARD VESSELS IN GUAM. 

Section 96 of title 14, United States Code, is amended— 

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

‘‘the United States or Guam’’; and 

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

States’’. 

SEC. 219. SUPPLEMENTAL POSITIONING SYSTEM. 

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

the Secretary of the department in which the Coast Guard is 

operating in consultation with the Commandant of the Coast Guard 

shall conclude their study of whether a single, domestic system 

is needed as a back-up navigation system to the Global Positioning 

System and notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the results of 

such determination. 

SEC. 220. ASSISTANCE TO FOREIGN GOVERNMENTS AND MARITIME 

AUTHORITIES. 

Section 149 of title 14, United States Code, as amended by 

section 206, is further amended by adding at the end the following: 

‘‘(d) AUTHORIZED ACTIVITIES.— 

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

‘‘(A) the activities of traveling contact teams, including 

any transportation expense, translation services expense, 

or administrative expense that is related to such activities; 

‘‘(B) the activities of maritime authority liaison teams 

of foreign governments making reciprocal visits to Coast 

Guard units, including any transportation expense, translation services expense, or administrative expense that is 

related to such activities; 

‘‘(C) seminars and conferences involving members of 

maritime authorities of foreign governments; 

‘‘(D) distribution of publications pertinent to engagement with maritime authorities of foreign governments; 

and 

‘‘(E) personnel expenses for Coast Guard civilian and 

military personnel to the extent that those expenses relate 

to participation in an activity described in subparagraph 

(C) or (D). 

‘‘(2) An activity may not be conducted under this subsection 

with a foreign country unless the Secretary of State approves 

the conduct of such activity in that foreign country.’’. 
H. R. 3619—15 

SEC. 221. COAST GUARD HOUSING. 

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

is amended— 

(1) in section 680— 

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

inserting the following new paragraphs: 

‘‘(1) The term ‘construct’ means to build, renovate, or 

improve military family housing and military unaccompanied 

housing. 

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

or improving military family housing and military unaccompanied housing.’’; and 

(B) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; 

(2) in section 681(a)— 

(A) in the matter preceding paragraph (1), by striking 

‘‘exercise any authority or any combination of authorities 

provided under this chapter in order to provide for the 

acquisition or construction by private persons, including 

a small business concern qualified under section 8(a) of 

the Small Business Act (15 U.S.C. 637(a)), of the following:’’ 

and inserting ‘‘acquire or construct the following:’’; 

(B) in paragraph (1), by striking ‘‘Family housing units’’ 

and inserting ‘‘Military family housing’’; and 

(C) in paragraph (2), by striking ‘‘Unaccompanied 

housing units’’ and inserting ‘‘Military unaccompanied 

housing’’; 

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

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

‘‘§ 685. Conveyance of real property 

‘‘(a) CONVEYANCE AUTHORIZED.—Notwithstanding any other 

provision of law, the Secretary may convey, at fair market value, 

real property, owned or under the administrative control of the 

Coast Guard, for the purpose of expending the proceeds from such 

conveyance to acquire and construct military family housing and 

military unaccompanied housing. 

‘‘(b) TERMS AND CONDITIONS.— 

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

shall be by sale, for cash. The Secretary shall deposit the 

proceeds from the sale in the Coast Guard Housing Fund established under section 687 of this title, for the purpose of 

expending such proceeds to acquire and construct military 

family housing and military unaccompanied housing. 

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

shall not diminish the mission capacity of the Coast Guard, 

but further the mission support capability of the Coast Guard 

with regard to military family housing or military unaccompanied housing. 

‘‘(c) RELATIONSHIP TO ENVIRONMENTAL LAW.—This section does 

not affect or limit the application of or obligation to comply with 

any environmental law, including section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 

1980 (42 U.S.C. 9620(h)).’’; 

(5) by repealing section 686; 

(6) in section 687— 

(A) in subsection (b)— 
H. R. 3619—16 

(i) in paragraph (2), by striking ‘‘or unaccompanied’’ and inserting ‘‘or military unaccompanied’’; 

(ii) in paragraph (3)— 

(I) by striking ‘‘or lease’’; 

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

(III) by striking ‘‘military family and’’ and 

inserting ‘‘military family housing and’’; and 

(iii) by repealing paragraph (4); 

(B) subsection (c), by amending paragraph (1) to read 

as follows:(1) In such amounts as provided in appropriations Acts, and except as provided in subsection (d), the 

Secretary may use amounts in the Coast Guard Housing 

Fund to carry out activities under this chapter with respect 

to military family housing and military unaccompanied 

housing, including— 

‘‘(A) the planning, execution, and administration of 

the conveyance of real property; 

‘‘(B) all necessary expenses, including expenses for 

environmental compliance and restoration, to prepare real 

property for conveyance; and 

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

(C) in subsection (e), by striking ‘‘or (b)(3)’’; and 

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

(7) by repealing 687a; 

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

‘‘§ 688. Reports 

‘‘The Secretary shall prepare and submit to Congress, concurrent with the budget submitted pursuant to section 1105 of title 

31, a report identifying the contracts or agreements for the conveyance of properties pursuant to this chapter executed during the 

prior calendar year.’’; and 

(9) by repealing section 689. 

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

commenced prior to the date of enactment of this Act. 

(c) CLERICAL AMENDMENT.—The chapter analysis at the beginning of such chapter is amended— 

(1) by striking the items relating to sections 682, 683, 

684, 686, 687a, and 689; and 

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

as follows: 

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

SEC. 222. CHILD DEVELOPMENT SERVICES. 

Section 515 of title 14, United States Code, is amended— 

(1) by striking subsection (b) and inserting the following: 

‘‘(b)(1) The Commandant is authorized to use appropriated 

funds available to the Coast Guard to provide child development 

services. 

‘‘(2)(A) The Commandant is authorized to establish, by regulations, fees to be charged parents for the attendance of children 

at Coast Guard child development centers. 

‘‘(B) Fees to be charged, pursuant to subparagraph (A), shall 

be based on family income, except that the Commandant may, 

on a case-by-base basis, establish fees at lower rates if such rates 

would not be competitive with rates at local child development 

centers. 
H. R. 3619—17 

‘‘(C) The Commandant is authorized to collect and expend fees, 

established pursuant to this subparagraph, and such fees shall, 

without further appropriation, remain available until expended for 

the purpose of providing services, including the compensation of 

employees and the purchase of consumable and disposable items, 

at Coast Guard child development centers. 

‘‘(3) The Commandant is authorized to use appropriated funds 

available to the Coast Guard to provide assistance to family home 

daycare providers so that family home daycare services can be 

provided to uniformed service members and civilian employees of 

the Coast Guard at a cost comparable to the cost of services provided 

by Coast Guard child development centers.’’; 

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

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

(d) and (e), respectively. 

SEC. 223. CHAPLAIN ACTIVITY EXPENSE. 

Section 145 of title 14, United States Code, is amended— 

(1) in subsection (a)— 

(A) in paragraph (2), by striking ‘‘and’’ at the end; 

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

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following new paragraph: 

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

services, pursuant to section 1789 of title 10, to the Coast 

Guard.’’; and 

(2) by adding at the end the following new subsection: 

‘‘(d)(1) As part of the services provided by the Secretary of 

the Navy pursuant to subsection (a)(4), the Secretary may provide 

support services to chaplain-led programs to assist members of 

the Coast Guard on active duty and their dependents, and members 

of the reserve component in an active status and their dependents, 

in building and maintaining a strong family structure. 

‘‘(2) In this subsection, the term ‘support services’ include 

transportation, food, lodging, child care, supplies, fees, and training 

materials for members of the Coast Guard on active duty and 

their dependents, and members of the reserve component in an 

active status and their dependents, while participating in programs 

referred to in paragraph (1), including participation at retreats 

and conferences. 

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

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

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

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

Code, is amended by inserting after section 491 the following new 

section: 

‘‘§ 491a. Coast Guard cross 

‘‘The President may award a Coast Guard cross of appropriate 

design, with ribbons and appurtenances, to a person who, while 

serving in any capacity with the Coast Guard, when the Coast 

Guard is not operating under the Department of the Navy, distinguishes himself or herself by extraordinary heroism not justifying 

the award of a medal of honor— 

‘‘(1) while engaged in an action against an enemy of the 

United States; 
H. R. 3619—18 

‘‘(2) while engaged in military operations involving conflict 

with an opposing foreign force or international terrorist 

organization; or 

‘‘(3) while serving with friendly foreign forces engaged in 

an armed conflict against an opposing armed force in which 

the United States is not a belligerent party.’’. 

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

(1) by striking the designation and heading of section 492a 

and inserting the following: 

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

and 

(2) by inserting after section 492 the following new section: 

‘‘§ 492a. Silver star medal 

‘‘The President may award a silver star medal of appropriate 

design, with ribbons and appurtenances, to a person who, while 

serving in any capacity with the Coast Guard, when the Coast 

Guard is not operating under the Department of the Navy, is 

cited for gallantry in action that does not warrant a medal of 

honor or Coast Guard cross— 

‘‘(1) while engaged in an action against an enemy of the 

United States; 

‘‘(2) while engaged in military operations involving conflict 

with an opposing foreign force or international terrorist 

organization; or 

‘‘(3) while serving with friendly foreign forces engaged in 

an armed conflict against an opposing armed force in which 

the United States is not a belligerent party.’’. 

(c) CONFORMING AMENDMENTS.—Such chapter is further 

amended— 

(1) in section 494, by striking ‘‘distinguished service medal, 

distinguished flying cross,’’ and inserting ‘‘Coast Guard cross, 

distinguished service medal, silver star medal, distinguished 

flying cross,’’ in both places it appears; 

(2) in section 496— 

(A) in the matter preceding paragraph (1) of subsection 

(a), by striking ‘‘distinguished service medal, distinguished 

flying cross,’’ and inserting ‘‘Coast Guard cross, distinguished service medal, silver star medal, distinguished 

flying cross,’’; and 

(B) in subsection (b)(2), by striking ‘‘distinguished 

service medal, distinguished flying cross,’’ and inserting 

‘‘Coast Guard cross, distinguished service medal, silver star 

medal, distinguished flying cross,’’; and 

(3) in section 497, by striking ‘‘distinguished service medal, 

distinguished flying cross,’’ and inserting ‘‘Coast Guard cross, 

distinguished service medal, silver star medal, distinguished 

flying cross,’’. 

(d) CLERICAL AMENDMENTS.—The analysis at the beginning 

of such chapter is amended— 

(1) by inserting after the item relating to section 491 the 

following new item: 

‘‘491a. Coast Guard cross.’’. 
H. R. 3619—19 

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

inserting the following new items: 

‘‘492a. Silver star medal. 

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

TITLE III—SHIPPING AND NAVIGATION 

SEC. 301. SEAWARD EXTENSION OF ANCHORAGE GROUNDS JURISDICTION. 

Section 7 of the Rivers and Harbors Appropriations Act of 

1915 (33 U.S.C. 471) is amended— 

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

‘‘(a) IN GENERAL.—The’’. 

(2) in subsection (a) (as designated by paragraph (1)) by striking ‘‘$100; and the’’ and inserting ‘‘up to $10,000. Each 

day during which a violation continues shall constitute a separate violation. The’’; and 

(3) by adding at the end the following: 

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

of the United States’ includes all waters of the territorial sea 

of the United States as described in Presidential Proclamation 

No. 5928 of December 27, 1988.’’. 

SEC. 302. MARITIME DRUG LAW ENFORCEMENT ACT AMENDMENTSIMPLE POSSESSION. 

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

by adding at the end the following: 

‘‘(c) SIMPLE POSSESSION.— ‘‘(1) IN GENERAL.—Any individual on a vessel subject to 

the jurisdiction of the United States who is found by the Secretary, after notice and an opportunity for a hearing, to have 

knowingly or intentionally possessed a controlled substance 

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

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

of not to exceed $5,000 for each violation. The Secretary shall 

notify the individual in writing of the amount of the civil 

penalty. 

‘‘(2) DETERMINATION OF AMOUNT.—In determining the 

amount of the penalty, the Secretary shall consider the nature, 

circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other 

matters that justice requires. 

‘‘(3) TREATMENT OF CIVIL PENALTY ASSESSMENT.—Assessment of a civil penalty under this subsection shall not be 

considered a conviction for purposes of State or Federal law 

but may be considered proof of possession if such a determination is relevant.’’. 

SEC. 303. TECHNICAL AMENDMENTS TO TONNAGE MEASUREMENT 

LAW. 

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

Code, is amended— 

(1) by striking ‘‘engaged’’ the first place it appears and 

inserting ‘‘that engages’’; 
H. R. 3619—20 

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

‘‘that arrives’’; 

(3) in subparagraph (B)— 

(A) by striking ‘‘making’’ and inserting ‘‘that makes’’; 

and 

(B) by striking ‘‘(except a foreign vessel engaged on 

that voyage)’’; 

(4) in subparagraph (C), by striking ‘‘departing’’ and 

inserting ‘‘that departs’’; and 

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

‘‘that makes’’. 

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

is amended by striking ‘‘intended to be engaged on’’ and inserting 

‘‘that engages on’’. 

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

(1) by amending subsection (a) to read as follows: 

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

applies to any vessel for which the application of an international 

agreement or other law of the United States to the vessel depends 

on the vessel’s tonnage.’’; 

(2) in subsection (b)— 

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

end and inserting ‘‘, unless the government of the country 

to which the vessel belongs elects to measure the vessel 

under this chapter.’’; 

(B) in paragraph (3), by inserting ‘‘of United States 

or Canadian registry or nationality, or a vessel operated 

under the authority of the United States or Canada, and 

that is’’ after ‘‘vessel’’; 

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

vessel engaged’’ and inserting ‘‘a vessel of United States 

registry or nationality, or one operated under the authority 

of the United States (except a vessel that engages’’; 

(D) by striking paragraph (5); 

(E) by redesignating paragraph (6) as paragraph (5); 

and 

(F) by amending paragraph (5), as so redesignated, 

to read as follows: 

‘‘(5) a barge of United States registry or nationality, or 

a barge operated under the authority of the United States 

(except a barge that engages on a foreign voyage) unless the 

owner requests.’’; 

(3) by striking subsection (c); 

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

(c) and (d), respectively; and 

(5) in subsection (c), as redesignated, by striking ‘‘After 

July 18, 1994, an existing vessel (except an existing vessel 

referred to in subsection (b)(5)(A) or (B) of this section)’’ and 

inserting ‘‘An existing vessel that has not undergone a change 

that the Secretary finds substantially affects the vessel’s gross 

tonnage (or a vessel to which IMO Resolutions A.494 (XII) 

of November 19, 1981, A.540 (XIII) of November 17, 1983, 

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

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

to read as follows: 

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

to be measured under another law.’’. 
H. R. 3619—21 

(e) TONNAGE CERTIFICATE.— 

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

Code, is amended— 

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

‘‘For a vessel to which the Convention does not apply, 

the Secretary shall prescribe a certificate to be issued as 

evidence of a vessel’s measurement under this chapter.’’; 

(B) in subsection (b), by inserting ‘‘issued under this 

section’’ after ‘‘certificate’’; and 

(C) in the section heading by striking ‘‘International’’ 

and ‘‘(1969)’’. 

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

amended— 

(A) by designating the existing text as subsection (a); 

and 

(B) by adding at the end the following new subsection: 

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

Secretary.’’. 

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

of chapter 143 of that title is amended by striking the item 

relating to section 14303 and inserting the following: 

‘‘14303. Tonnage Certificate.’’. 

(f) OPTIONAL REGULATORY MEASUREMENT.—Section 14305(a) of 

that title is amended by striking ‘‘documented vessel measured 

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

chapter that is of United States registry or nationality, or a vessel 

operated under the authority of the United States,’’. 

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

(1) by amending paragraph (1) to read as follows: 

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

if the application of an international agreement or other law 

of the United States to the vessel depends on the vessel’s 

tonnage.’’; and 

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

‘‘A vessel’’. 

(h) DUAL TONNAGE MEASUREMENT.—Section 14513(c) of that 

title is amended— 

(1) in paragraph (1)— 

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

uppermost part of the load line marks,’’ and inserting 

‘‘vessel is assigned two sets of gross and net tonnages 

under this section,’’; and 

(B) by inserting ‘‘vessel’s tonnage’’ before ‘‘mark’’ the 

second place such term appears; and 

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

and inserting ‘‘as assigned under this section.’’. 

(i) RECIPROCITY FOR FOREIGN VESSELS.—Subchapter II of 

chapter 145 of that title is amended by adding at the end the 

following: 

‘‘§ 14514. Reciprocity for foreign vessels 

‘‘For a foreign vessel not measured under chapter 143, if the 

Secretary finds that the laws and regulations of a foreign country 

related to measurement of vessels are substantially similar to those 

of this chapter and the regulations prescribed under this chapter, 

the Secretary may accept the measurement and certificate of a 
H. R. 3619—22 

vessel of that foreign country as complying with this chapter and 

the regulations prescribed under this chapter.’’. 

(j) CLERICAL AMENDMENT.—The analysis for subchapter II of 

chapter 145 of such title is amended by adding at the end the 

following: 

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

SEC. 304. MERCHANT MARINER DOCUMENT STANDARDS. 

Not later than 270 days after the date of enactment of this 

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

is operating shall submit to the Committee on Transportation and 

Infrastructure of the House of Representatives and the Committee 

on Commerce, Science, and Transportation of the Senate— 

(1) a plan, including estimated costs, to ensure that the 

process for an application, by an individual who has, or has 

applied for, a transportation security card under section 70105 

of title 46, United States Code, for a merchant mariner document can be completed entirely by mail; and 

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

the merchant mariner document to comply with the requirements of such section, including a biometric identifier, and 

all relevant international conventions, including the International Labour Organization Convention Number 185 concerning the seafarers identity document, and include a review 

on whether or not such redesign will eliminate the need for 

separate identity credentials and background screening and 

streamline the application process for mariners. 

SEC. 305. SHIP EMISSION REDUCTION TECHNOLOGY DEMONSTRATION 

PROJECT. 

(a) STUDY.—The Commandant of the Coast Guard, in conjunction with the Administrator of the Environmental Protection 

Agency, shall conduct a study— 

(1) that surveys new technology and new applications of 

existing technology for reducing air emissions from cargo or 

passenger vessels that operate in United States waters and 

ports; and 

(2) that identifies the impediments, including any laws 

or regulations, to demonstrating the technology identified in 

paragraph (1). 

(b) REPORT.—Within 180 days after the date of enactment 

of this Act, the Commandant shall submit a report on the results 

of the study conducted under subsection (a) to the Committee on 

Transportation and Infrastructure and the Committee on Energy 

and Commerce of the House of Representatives and the Committee 

on Commerce, Science, and Transportation and the Committee on 

Environment and Public Works of the Senate. 

SEC. 306. PHASEOUT OF VESSELS SUPPORTING OIL AND GAS DEVELOPMENT. 

(a) IN GENERAL.—Notwithstanding section 12111(d) of title 46, 

United States Code, foreign-flag vessels may be chartered by, or 

on behalf of, a lessee to be employed for the setting, relocation, 

or recovery of anchors or other mooring equipment of a mobile 

offshore drilling unit that is located over the Outer Continental 

Shelf (as defined in section 2(a) of the Outer Continental Shelf 
H. R. 3619—23 

Lands Act (43 U.S.C. 1331(a)) for operations in support of exploration, or flow-testing and stimulation of wells, for offshore mineral 

or energy resources in the Beaufort Sea or the Chukchi Sea adjacent 

to Alaska— 

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

Secretary of Transportation written notice of the commencement of such exploration drilling if the Secretary determines, 

after publishing notice in the Federal Register, that insufficient 

vessels documented under section 12111(d) of title 46, United 

States Code, are reasonably available and suitable for these 

support operations and all such reasonably available and suitable vessels are employed in support of such operations; and 

(2) for an additional period until such vessels are available 

if the Secretary of Transportation determines— 

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

commencement of exploration drilling, the lessee has 

entered into a binding agreement to employ a suitable 

vessel or vessels to be documented under section 12111(d) 

of title 46, United States Code, in sufficient numbers and 

with sufficient suitability to replace any foreign-flag vessel 

or vessels operating under this section; and 

(B) after publishing notice in the Federal Register, 

that insufficient vessels documented under section 12111(d) 

of title 46, United States Code, are reasonably available 

and suitable for these support operations and all such 

reasonably available and suitable vessels are employed in 

support of such operations. 

(b) EXPIRATION.—Irrespective of the year in which the commitment referred to in subsection (a)(2)(A) occurs, foreign-flag anchor 

handling vessels may not be employed for the setting, relocation, 

or recovery of anchors or other mooring equipment of a mobile 

offshore drilling unit after December 31, 2017. 

(c) LESSEE DEFINED.—In this section, the term ‘‘lessee’’ means 

the holder of a lease (as defined in section 1331(c) of title 43, 

United States Code), who, prior to giving the written notice in 

subsection (a)(1), has entered into a binding agreement to employ 

a suitable vessel documented or to be documented under 12111(d) 

of title 46, United States Code. 

(d) SAVINGS PROVISION.—Nothing in subsection (a) may be construed to authorize the employment in the coastwise trade of a 

vessel that does not meet the requirements of 12111 of title 46, 

United States Code. 

SEC. 307. ARCTIC MARINE SHIPPING ASSESSMENT IMPLEMENTATION. 

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

and secure maritime shipping in the Arctic including the availability 

of aids to navigation, vessel escorts, spill response capability, and 

maritime search and rescue in the Arctic. 

(b) INTERNATIONAL MARITIME ORGANIZATION AGREEMENTS.— To carry out the purpose of this section, the Secretary of the 

department in which the Coast Guard is operating is encouraged 

to enter into negotiations through the International Maritime 

Organization to conclude and execute agreements to promote coordinated action among the United States, Russia, Canada, Iceland, 

Norway, and Denmark and other seafaring and Arctic nations to 

ensure, in the Arctic— 

(1) placement and maintenance of aids to navigation; 
H. R. 3619—24 

(2) appropriate marine safety, tug, and salvage capabilities; 

(3) oil spill prevention and response capability; 

(4) maritime domain awareness, including long-range 

vessel tracking; and 

(5) search and rescue. 

(c) COORDINATION BY COMMITTEE ON THE MARITIME TRANSPORTATION SYSTEM.—The Committee on the Maritime Transportation 

System established under a directive of the President in the Ocean 

Action Plan, issued December 17, 2004, shall coordinate the 

establishment of domestic transportation policies in the Arctic necessary to carry out the purpose of this section. 

(d) AGREEMENTS AND CONTRACTS.—The Secretary of the department in which the Coast Guard is operating may, subject to the 

availability of appropriations, enter into cooperative agreements, 

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

and governments to carry out the purpose of this section or any 

agreements established under subsection (b). 

(e) ICEBREAKING.—The Secretary of the department in which 

the Coast Guard is operating shall promote safe maritime navigation by means of icebreaking where necessary, feasible, and effective 

to carry out the purposes of this section. 

(f) INDEPENDENT ICE BREAKER ANALYSES.— 

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

of enactment of this Act, the Secretary of the department 

in which the Coast Guard is operating shall require a nongovernmental, independent third party (other than the National 

Academy of Sciences) that has extensive experience in the 

analysis of military procurements, to— 

(A) conduct a comparative cost-benefit analysis, taking 

into account future Coast Guard budget projections (which 

assume Coast Guard budget growth of no more than inflation) and other recapitalization needs, of— 

(i) rebuilding, renovating, or improving the existing 

fleet of polar icebreakers for operation by the Coast 

Guard; 

(ii) constructing new polar icebreakers for operation by the Coast Guard; 

(iii) construction of new polar icebreakers by the 

National Science Foundation for operation by the 

Foundation; 

(iv) rebuilding, renovating, or improving the 

existing fleet of polar icebreakers by the National 

Science Foundation for operation by the Foundation; 

and 

(v) any combination of the activities described in 

clause (i), (ii), (iii), or (iv) to carry out the missions 

of the Coast Guard and the National Science Foundation; and 

(B) conduct a comprehensive analysis of the impact 

on all Coast Guard activities, including operations, maintenance, procurements, and end strength, of the acquisition 

of polar icebreakers described in subparagraph (A) by the 

Coast Guard or the National Science Foundation assuming 

that total Coast Guard funding will not increase more 

than the annual rate of inflation. 

(2) REPORT.—Not later than 1 year after the date of enactment of this Act, the Secretary of the department in which 
H. R. 3619—25 

the Coast Guard is operating shall submit a report containing 

the results of the analyses required under paragraph (1), 

together with recommendations the Commandant considers 

appropriate under section 93(a)(24) of title 14, United States 

Code, to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation 

and Infrastructure of the House of Representatives. 

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

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

ongoing High-Latitude Study to assess polar icebreaking mission 

requirements for all Coast Guard missions including search and 

rescue, marine pollution response and prevention, fisheries enforcement, and maritime commerce, whichever occurs later, the Commandant of the Coast Guard shall submit a report containing 

the results of the study, together with recommendations the Commandant considers appropriate under section 93(a)(24) of title 14, 

United States Code, to the Committee on Commerce, Science, and 

Transportation of the Senate and the Committee on Transportation 

and Infrastructure of the House of Representatives. 

(h) ARCTIC DEFINITION.—In this section the term ‘‘Arctic’’ has 

the same meaning as in section 112 of the Arctic Research and 

Policy Act of 1984 (15 U.S.C. 4111). 

TITLE IV—ACQUISITION REFORM 

SEC. 401. CHIEF ACQUISITION OFFICER. 

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

is further amended by adding at the end the following: 

‘‘§ 56. Chief Acquisition Officer 

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

Acquisition Officer selected by the Commandant who shall be a 

Rear Admiral or civilian from the Senior Executive Service (career 

reserved) and who meets the qualifications set forth under subsection (b). The Chief Acquisition Officer shall serve at the Assistant 

Commandant level and have acquisition management as that 

individual’s primary duty. 

‘‘(b) QUALIFICATIONS.— ‘‘(1) The Chief Acquisition Officer and any flag officer 

serving in the Acquisition Directorate shall be an acquisition 

professional with a Level III acquisition management certification and must have at least 10 years experience in an acquisition position, of which at least 4 years were spent as— 

‘‘(A) the program executive officer; 

‘‘(B) the program manager of a Level 1 or Level 2 

acquisition project or program; 

‘‘(C) the deputy program manager of a Level 1 or 

Level 2 acquisition; 

‘‘(D) the project manager of a Level 1 or Level 2 acquisition; or 

‘‘(E) any other acquisition position of significant responsibility in which the primary duties are supervisory or 

management duties. 

‘‘(2) The Commandant shall periodically publish a list of 

the positions designated under paragraph (1). 
H. R. 3619—26 

‘‘(3) In this subsection each of the terms ‘Level 1 acquisition’ 

and ‘Level 2 acquisition’ has the meaning that term has in 

chapter 15 of this title. 

‘‘(c) FUNCTIONS OF THE CHIEF ACQUISITION OFFICER.—The functions of the Chief Acquisition Officer include— 

‘‘(1) monitoring the performance of acquisition projects and 

programs on the basis of applicable performance measurements 

and advising the Commandant, through the chain of command, 

regarding the appropriate business strategy to achieve the missions of the Coast Guard; 

‘‘(2) maximizing the use of full and open competition at 

the prime contract and subcontract levels in the acquisition 

of property, capabilities, assets, and services by the Coast 

Guard by establishing policies, procedures, and practices that 

ensure that the Coast Guard receives a sufficient number of 

sealed bids or competitive proposals from responsible sources 

to fulfill the Government’s requirements, including performance 

and delivery schedules, at the lowest cost or best value considering the nature of the property, capability, asset, or service 

procured; 

‘‘(3) making acquisition decisions in concurrence with the 

technical authority, or technical authorities, of the Coast Guard, 

as designated by the Commandant, consistent with all other 

applicable laws and decisions establishing procedures within 

the Coast Guard; 

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

in instances in which performance-based contracting is used; 

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

Coast Guard, including implementation of the unique acquisition policies, regulations, and standards of the Coast Guard; 

‘‘(6) developing and maintaining an acquisition career 

management program in the Coast Guard to ensure that there 

is an adequate acquisition workforce; 

‘‘(7) assessing the requirements established for Coast Guard 

personnel regarding knowledge and skill in acquisition 

resources and management and the adequacy of such requirements for facilitating the achievement of the performance goals 

established for acquisition management; 

‘‘(8) developing strategies and specific plans for hiring, 

training, and professional development; and 

‘‘(9) reporting to the Commandant, through the chain of 

command, on the progress made in improving acquisition 

management capability.’’. 

(b) CLERICAL AMENDMENT.—The table of contents for chapter 

3 of title 14, United States Code, is amended by adding at the 

end the following: 

‘‘56. Chief Acquisition Officer.’’. 

(c) SELECTION DEADLINE.—As soon as practicable after the date 

of enactment of this Act, but no later than October 1, 2011, the 

Commandant of the Coast Guard shall select a Chief Acquisition 

Officer under section 56 of title 14, United States Code, as amended 

by this section. 

(d) SPECIAL RATE SUPPLEMENTS.— (1) REQUIREMENT TO ESTABLISH.—Not later than 1 year 

after the date of enactment of this Act and in accordance 

with part 9701.333 of title 5, Code of Federal Regulations, 
H. R. 3619—27 

the Commandant of the Coast Guard shall establish special 

rate supplements that provide higher pay levels for employees 

necessary to carry out the amendment made by this section. 

(2) SUBJECT TO APPROPRIATIONS.—The requirement under 

paragraph (1) is subject to the availability of appropriations. 

(e) ELEVATION OF DISPUTES TO THE CHIEF ACQUISITION

OFFICER.—If, after 90 days following the elevation to the Chief 

Acquisition Officer of any design or other dispute regarding Level 

1 or Level 2 acquisition, the dispute remains unresolved, the Commandant shall provide to the appropriate congressional committees 

a detailed description of the issue and the rationale underlying 

the decision taken by the Chief Acquisition Officer to resolve the 

issue. 

SEC. 402. ACQUISITIONS. 

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

amended by inserting after chapter 13 the following: 

‘‘CHAPTER 15—ACQUISITIONS

‘‘SUBCHAPTER I—GENERAL PROVISIONS

‘‘Sec. 

‘‘561. Acquisition directorate. 

‘‘562. Improvements in Coast Guard acquisition management. 

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

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

‘‘565. Required contract terms. 

‘‘566. Department of Defense consultation. 

‘‘567. Undefinitized contractual actions. 

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

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

‘‘SUBCHAPTER II—IMPROVED ACQUISITION PROCESS AND PROCEDURES

‘‘Sec. 

‘‘571. Identification of major system acquisitions. 

‘‘572. Acquisition. 

‘‘573. Preliminary development and demonstration. 

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

‘‘575. Acquisition program baseline breach. 

‘‘576. Acquisition approval authority. 

‘‘SUBCHAPTER III—DEFINITIONS

‘‘581. Definitions. 

‘‘SUBCHAPTER I—GENERAL PROVISIONS 

‘‘§ 561. Acquisition directorate 

‘‘(a) ESTABLISHMENT.—The Commandant of the Coast Guard 

shall establish an acquisition directorate to provide guidance and 

oversight for the implementation and management of all Coast 

Guard acquisition processes, programs, and projects. 

‘‘(b) MISSION.—The mission of the acquisition directorate is— 

‘‘(1) to acquire and deliver assets and systems that increase 

operational readiness, enhance mission performance, and create 

a safe working environment; and 

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

trained and qualified to further the Coast Guard’s missions 

and deliver the best-value products and services to the Nation. 

‘‘§ 562. Improvements in Coast Guard acquisition management 

‘‘(a) PROJECT OR PROGRAM MANAGERS.— 
H. R. 3619—28 

‘‘(1) LEVEL 1 PROJECTS.—An individual may not be assigned 

as the project or program manager for a Level 1 acquisition 

unless the individual holds a Level III acquisition certification 

as a program manager. 

‘‘(2) LEVEL 2 PROJECTS.—An individual may not be assigned 

as the project or program manager for a Level 2 acquisition 

unless the individual holds a Level II acquisition certification 

as a program manager. 

‘‘(b) GUIDANCE ON TENURE AND ACCOUNTABILITY OF PROGRAM

AND PROJECT MANAGERS.— ‘‘(1) ISSUANCE OF GUIDANCE.—Not later than one year after 

the date of enactment of the Coast Guard Authorization Act 

for Fiscal Years 2010 and 2011, the Commandant shall issue 

guidance to address the qualifications, resources, responsibilities, tenure, and accountability of program and project managers for the management of acquisition projects and programs. 

The guidance shall address, at a minimum— 

‘‘(A) the qualifications required for project or program 

managers, including the number of years of acquisition 

experience and the professional training levels to be 

required of those appointed to project or program management positions; 

‘‘(B) authorities available to project or program managers, including, to the extent appropriate, the authority 

to object to the addition of new program requirements 

that would be inconsistent with the parameters established 

for an acquisition program; and 

‘‘(C) the extent to which a project or program manager 

who initiates a new acquisition project or program will 

continue in management of that project or program without 

interruption until the delivery of the first production units 

of the program. 

‘‘(2) STRATEGY.— ‘‘(A) IN GENERAL.—Not later than 18 months after the 

date of enactment of this section, the Commandant shall 

develop a comprehensive strategy for enhancing the role 

of Coast Guard project or program managers in developing 

and carrying out acquisition programs. 

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

required by this section shall address, at a minimum— 

‘‘(i) the creation of a specific career path and career 

opportunities for individuals who are or may become 

project or program managers, including the rotational 

assignments that will be provided to project or program 

managers; 

‘‘(ii) the provision of enhanced training and educational opportunities for individuals who are or may 

become project or program managers; 

‘‘(iii) the provision of mentoring support to current 

and future project or program managers by experienced 

senior executives and program managers within the 

Coast Guard, and through rotational assignments to 

the Department of Defense; 

‘‘(iv) the methods by which the Coast Guard will 

collect and disseminate best practices and lessons 

learned on systems acquisition to enhance project and 

program management throughout the Coast Guard; 
H. R. 3619—29 

‘‘(v) the templates and tools that will be used to 

support improved data gathering and analysis for 

project and program management and oversight purposes, including the metrics that will be utilized to 

assess the effectiveness of Coast Guard project or program managers in managing systems acquisition 

efforts; and 

‘‘(vi) the methods by which the accountability of 

project or program managers for the results of acquisition projects and programs will be increased. 

‘‘(c) ACQUISITION WORKFORCE.— ‘‘(1) IN GENERAL.—The Commandant shall designate a sufficient number of positions to be in the Coast Guard’s acquisition 

workforce to perform acquisition-related functions at Coast 

Guard headquarters and field activities. 

‘‘(2) REQUIRED POSITIONS.—In designating positions under 

subsection (a), the Commandant shall include, at a minimum, 

positions encompassing the following competencies and functions: 

‘‘(A) Program management. 

‘‘(B) Systems planning, research, development, 

engineering, and testing. 

‘‘(C) Procurement, including contracting. 

‘‘(D) Industrial and contract property management. 

‘‘(E) Life-cycle logistics. 

‘‘(F) Quality control and assurance. 

‘‘(G) Manufacturing and production. 

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

and auditing. 

‘‘(I) Acquisition education, training, and career development. 

‘‘(J) Construction and facilities engineering. 

‘‘(K) Testing and evaluation. 

‘‘(3) ACQUISITION MANAGEMENT HEADQUARTER ACTIVITIES.— The Commandant shall also designate as positions in the 

acquisition workforce under paragraph (1) those acquisitionrelated positions located at Coast Guard headquarters units. 

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

shall ensure that each individual assigned to a position in 

the acquisition workforce has the appropriate expertise to carry 

out the responsibilities of that position. 

‘‘(d) MANAGEMENT INFORMATION SYSTEM.— 

‘‘(1) IN GENERAL.—The Commandant shall establish a 

management information system capability to improve acquisition workforce management and reporting. 

‘‘(2) INFORMATION MAINTAINED.—Information maintained 

with such capability shall include the following standardized 

information on individuals assigned to positions in the 

workforce: 

‘‘(A) Qualifications, assignment history, and tenure of 

those individuals assigned to positions in the acquisition 

workforce or holding acquisition-related certifications. 

‘‘(B) Promotion rates for officers and members of the 

Coast Guard in the acquisition workforce. 

‘‘(e) REPORT ON ADEQUACY OF ACQUISITION WORKFORCE.— ‘‘(1) IN GENERAL.—The Commandant shall report to the 

appropriate congressional committees and the Committee on 
H. R. 3619—30 

Homeland Security of the House of Representatives by July 

1 of each year on the scope of the acquisition activities to 

be performed in the next fiscal year and on the adequacy 

of the current acquisition workforce to meet that anticipated 

workload. 

‘‘(2) CONTENTS.—The report shall— 

‘‘(A) specify the number of officers, members, and 

employees of the Coast Guard currently and planned to 

be assigned to each position designated under subsection 

(c); and 

‘‘(B) identify positions that are understaffed to meet 

the anticipated acquisition workload, and actions that will 

be taken to correct such understaffing. 

‘‘(f) APPOINTMENTS TO ACQUISITION POSITIONS.—The Commandant shall ensure that no requirement or preference for officers 

or members of the Coast Guard is used in the consideration of 

persons for positions in the acquisition workforce. 

‘‘(g) CAREER PATHS.— 

‘‘(1) IDENTIFICATION OF CAREER PATHS.—To establish 

acquisition management as a core competency of the Coast 

Guard, the Commandant shall— 

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

and employees of the Coast Guard who wish to pursue 

careers in acquisition are identified in terms of the education, training, experience, and assignments necessary for 

career progression of those officers, members, and 

employees to the most senior positions in the acquisition 

workforce; and 

‘‘(B) publish information on such career paths. 

‘‘(2) PROMOTION PARITY.—The Commandant shall ensure 

that promotion parity is established for officers and members 

of the Coast Guard who have been assigned to the acquisition 

workforce relative to officers and members who have not been 

assigned to the acquisition workforce. 

‘‘§ 563. Recognition of Coast Guard personnel for excellence 

in acquisition 

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

enactment of the Coast Guard Authorization Act for Fiscal Years 

2010 and 2011, the Commandant shall commence implementation 

of a program to recognize excellent performance by individuals 

and teams comprised of officers, members, and employees of the 

Coast Guard that contributed to the long-term success of a Coast 

Guard acquisition project or program. 

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

‘‘(1) specific award categories, criteria, and eligibility and 

manners of recognition; 

‘‘(2) procedures for the nomination by personnel of the 

Coast Guard of individuals and teams comprised of officers, 

members, and employees of the Coast Guard for recognition 

under the program; and 

‘‘(3) procedures for the evaluation of nominations for recognition under the program by one or more panels of individuals 

from the Government, academia, and the private sector who 

have such expertise and are appointed in such manner as 

the Commandant shall establish for the purposes of this program. 
H. R. 3619—31 

‘‘(c) AWARD OF CASH BONUSES.—As part of the program required 

by subsection (a), the Commandant, subject to the availability of 

appropriations, may award to any civilian employee recognized 

pursuant to the program a cash bonus to the extent that the 

performance of such individual so recognized warrants the award 

of such bonus. 

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

‘‘(a) IN GENERAL.— 

‘‘(1) USE OF LEAD SYSTEMS INTEGRATOR.—Except as provided in subsection (b), the Commandant may not use a private 

sector entity as a lead systems integrator for an acquisition 

contract awarded or delivery order or task order issued after 

the date of enactment of the Coast Guard Authorization Act 

for Fiscal Years 2010 and 2011. 

‘‘(2) FULL AND OPEN COMPETITION.—The Commandant and 

any lead systems integrator engaged by the Coast Guard, 

pursuant to the exceptions described in subsection (b), shall 

use full and open competition for any acquisition contract 

awarded after the date of enactment of that Act, unless otherwise excepted in accordance with Federal acquisition laws and 

regulations promulgated under those laws, including the Federal Acquisition Regulation. 

‘‘(3) NO EFFECT ON SMALL BUSINESS ACT.—Nothing in this 

subsection shall be construed to supersede or otherwise affect 

the authorities provided by and under the Small Business 

Act (15 U.S.C. 631 et seq.). 

‘‘(b) EXCEPTIONS.— ‘‘(1) NATIONAL DISTRESS AND RESPONSE SYSTEM MODERNIZA- TION PROGRAM; C4ISR; NATIONAL SECURITY CUTTERS 2 AND 3.— Notwithstanding subsection (a), the Commandant may use a 

private sector entity as a lead systems integrator for the Coast 

Guard to complete the National Distress and Response System 

Modernization Program (otherwise known as the ‘Rescue 21’ 

program), the C4ISR projects directly related to the Integrated 

Deepwater program, and National Security Cutters 2 and 3, 

if the Secretary of the department in which the Coast Guard 

is operating certifies that— 

‘‘(A) the acquisition is in accordance with Federal law 

and the Federal Acquisition Regulation; and 

‘‘(B) the acquisition and the use of a private sector 

lead systems integrator for the acquisition is in the best 

interest of the Federal Government. 

‘‘(2) REPORT ON DECISIONMAKING PROCESS.—If the Commandant uses a private sector lead systems integrator for an 

acquisition, the Commandant shall notify in writing the appropriate congressional committees of the Commandant’s determination and shall provide to such committees a detailed 

rationale for the determination, at least 30 days before the 

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

order, using a private sector lead systems integrator, including 

a comparison of the cost of the acquisition through the private 

sector lead systems integrator with the expected cost if the 

acquisition were awarded directly to the manufacturer or shipyard. For purposes of that comparison, the cost of award directly 

to a manufacturer or shipyard shall include the costs of Government contract management and oversight. 
H. R. 3619—32 

‘‘(c) LIMITATION ON LEAD SYSTEMS INTEGRATORS.—Neither an 

entity performing lead systems integrator functions for a Coast 

Guard acquisition nor a Tier 1 subcontractor for any acquisition 

may have a financial interest in a subcontractor below the Tier 

1 subcontractor level unless— 

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

through full and open competition for such procurement; 

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

integrator or a subcontractor through full and open competition; 

‘‘(3) the procurement was awarded by a subcontractor 

through a process over which the lead systems integrator and 

a Tier 1 subcontractor exercised no control; or 

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

was awarded in a manner consistent with Federal acquisition 

laws and regulations promulgated under those laws, including 

the Federal Acquisition Regulation. 

‘‘(d) TERMINATION DATE FOR EXCEPTIONS.—Except as described 

in subsection (b)(1), the Commandant may not use a private sector 

entity as a lead systems integrator for acquisition contracts 

awarded, or task orders or delivery orders issued, after the earlier 

of— 

‘‘(1) September 30, 2011; or 

‘‘(2) the date on which the Commandant certifies in writing 

to the appropriate congressional committees that the Coast 

Guard has available and can retain sufficient acquisition 

workforce personnel and expertise within the Coast Guard, 

through an arrangement with other Federal agencies, or 

through contracts or other arrangements with private sector 

entities, to perform the functions and responsibilities of the 

lead systems integrator in an efficient and cost-effective 

manner. 

‘‘§ 565. Required contract terms 

‘‘(a) IN GENERAL.—The Commandant shall ensure that a contract awarded or a delivery order or task order issued for an 

acquisition of a capability or an asset with an expected service 

life of 10 or more years and with a total acquisition cost that 

is equal to or exceeds $10,000,000 awarded or issued by the Coast 

Guard after the date of enactment of the Coast Guard Authorization 

Act for Fiscal Years 2010 and 2011— 

‘‘(1) provides that all certifications for an end-state capability or asset under such contract, delivery order, or task 

order, respectively, will be conducted by the Commandant or 

an independent third party, and that self-certification by a 

contractor or subcontractor is not allowed; 

‘‘(2) provides that the Commandant shall maintain the 

authority to establish, approve, and maintain technical requirements; 

‘‘(3) requires that any measurement of contractor and subcontractor performance be based on the status of all work 

performed, including the extent to which the work performed 

met all performance, cost, and schedule requirements; 

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

surface, or shore capabilities and assets for which compliance 

with TEMPEST certification is a requirement, the standard 

for determining such compliance will be the air, surface, or 
H. R. 3619—33 

shore standard then used by the Department of the Navy 

for that type of capability or asset; and 

‘‘(5) for any contract awarded to acquire an Offshore Patrol 

Cutter, includes provisions specifying the service life, fatigue 

life, and days underway in general Atlantic and North Pacific 

Sea conditions, maximum range, and maximum speed the 

cutter will be built to achieve. 

‘‘(b) PROHIBITED PROVISIONS.— 

‘‘(1) IN GENERAL.—The Commandant shall ensure that any 

contract awarded or delivery order or task order issued by 

the Coast Guard after the date of enactment of the Coast 

Guard Authorization Act of 2010 does not include any provision 

allowing for equitable adjustment that is not consistent with 

the Federal Acquisition Regulations. 

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

integrator— 

‘‘(A) may not include any minimum requirements for 

the purchase of a given or determinable number of specific 

capabilities or assets; and 

‘‘(B) shall be reviewed by an independent third party 

with expertise in acquisition management, and the results 

of that review shall be submitted to the appropriate 

congressional committees at least 60 days prior to the 

award of the contract, contract modification, or award term. 

‘‘(c) INTEGRATED PRODUCT TEAMS.—Integrated product teams, 

and all teams that oversee integrated product teams, shall be 

chaired by officers, members, or employees of the Coast Guard. 

‘‘(d) TECHNICAL AUTHORITY.—The Commandant shall maintain 

or designate the technical authority to establish, approve, and maintain technical requirements. Any such designation shall be made 

in writing and may not be delegated to the authority of the Chief 

Acquisition Officer established by section 56 of this title. 

‘‘§ 566. Department of Defense consultation 

‘‘(a) IN GENERAL.—The Commandant shall make arrangements 

as appropriate with the Secretary of Defense for support in contracting and management of Coast Guard acquisition programs. 

The Commandant shall also seek opportunities to make use of 

Department of Defense contracts, and contracts of other appropriate 

agencies, to obtain the best possible price for assets acquired for 

the Coast Guard. 

‘‘(b) INTERSERVICE TECHNICAL ASSISTANCE.—The Commandant 

shall seek to enter into a memorandum of understanding or a 

memorandum of agreement with the Secretary of the Navy to 

obtain the assistance of the Office of the Assistant Secretary of 

the Navy for Research, Development, and Acquisition, including 

the Navy Systems Command, with the oversight of Coast Guard 

major acquisition programs. The memorandum of understanding 

or memorandum of agreement shall, at a minimum, provide for— 

‘‘(1) the exchange of technical assistance and support that 

the Assistant Commandants for Acquisition, Human Resources, 

Engineering, and Information technology may identify; 

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

and 
H. R. 3619—34 

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

between the Coast Guard and the Office of the Assistant Secretary of the Navy for Research, Development, and Acquisition, 

including Naval Systems Command, to facilitate the development of organic capabilities in the Coast Guard. 

‘‘(c) TECHNICAL REQUIREMENT APPROVAL PROCEDURES.—The 

Chief Acquisition Officer shall adopt, to the extent practicable, 

procedures modeled after those used by the Navy Senior Acquisition 

Official to approve all technical requirements. 

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

of the Coast Guard Authorization Act for fiscal years 2010 and 

2011, the Comptroller General of the United States shall transmit 

a report to the appropriate congressional committees that— 

‘‘(1) contains an assessment of current Coast Guard acquisition and management capabilities to manage Level 1 and Level 

2 acquisitions; 

‘‘(2) includes recommendations as to how the Coast Guard 

can improve its acquisition management, either through 

internal reforms or by seeking acquisition expertise from the 

Department of Defense; and 

‘‘(3) addresses specifically the question of whether the Coast 

Guard can better leverage Department of Defense or other 

agencies’ contracts that would meet the needs of Level 1 or 

Level 2 acquisitions in order to obtain the best possible price. 

‘‘§ 567. Undefinitized contractual actions 

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

undefinitized contractual action unless such action is directly 

approved by the Head of Contracting Activity of the Coast Guard. 

‘‘(b) REQUESTS FOR UNDEFINITIZED CONTRACTUAL ACTIONS.— 

Any request to the Head of Contracting Activity for approval of 

an undefinitized contractual action shall include a description of 

the anticipated effect on requirements of the Coast Guard if a 

delay is incurred for the purposes of determining contractual terms, 

specifications, and price before performance is begun under the 

contractual action. 

‘‘(c) REQUIREMENTS FOR UNDEFINITIZED CONTRACTUAL

ACTIONS.— 

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

AND PRICE.—A contracting officer of the Coast Guard may not 

enter into an undefinitized contractual action unless the 

contractual action provides for agreement upon contractual 

terms, specification, and price by the earlier of— 

‘‘(A) the end of the 180-day period beginning on the 

date on which the contractor submits a qualifying proposal 

to definitize the contractual terms, specifications, and price; 

or 

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

under the contractual action is equal to more than 50 

percent of the negotiated overall ceiling price for the 

contractual action. 

‘‘(2) LIMITATION ON OBLIGATIONS.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), the contracting officer for an undefinitized contractual 

action may not obligate under such contractual action an 

amount that exceeds 50 percent of the negotiated overall 
H. R. 3619—35 

ceiling price until the contractual terms, specifications, and 

price are definitized for such contractual action. 

‘‘(B) EXCEPTION.—Notwithstanding subparagraph (A), 

if a contractor submits a qualifying proposal to definitize 

an undefinitized contractual action before an amount that 

exceeds 50 percent of the negotiated overall ceiling price 

is obligated on such action, the contracting officer for such 

action may not obligate with respect to such contractual 

action an amount that exceeds 75 percent of the negotiated 

overall ceiling price until the contractual terms, specifications, and price are definitized for such contractual action. 

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

of this subsection with respect to a contract if the Commandant 

determines that the waiver is necessary to support— 

‘‘(A) a contingency operation (as that term is defined 

in section 101(a)(13) of title 10); 

‘‘(B) operations to prevent or respond to a transportation security incident (as defined in section 70101(6) of 

title 46); 

‘‘(C) an operation in response to an emergency that 

poses an unacceptable threat to human health or safety 

or to the marine environment; or 

‘‘(D) an operation in response to a natural disaster 

or major disaster or emergency designated by the President 

under the Robert T. Stafford Disaster Relief and Emergency 

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

‘‘(4) LIMITATION ON APPLICATION.—This subsection does not 

apply to an undefinitized contractual action for the purchase 

of initial spares. 

‘‘(d) INCLUSION OF NONURGENT REQUIREMENTS.—Requirements 

for spare parts and support equipment that are not needed on 

an urgent basis may not be included in an undefinitized contractual 

action by the Coast Guard for spare parts and support equipment 

that are needed on an urgent basis unless the Commandant 

approves such inclusion as being— 

‘‘(1) good business practice; and 

‘‘(2) in the best interests of the United States. 

‘‘(e) MODIFICATION OF SCOPE.—The scope of an undefinitized 

contractual action under which performance has begun may not 

be modified unless the Commandant approves such modification 

as being— 

‘‘(1) good business practice; and 

‘‘(2) in the best interests of the United States. 

‘‘(f) ALLOWABLE PROFIT.—The Commandant shall ensure that 

the profit allowed on an undefinitized contractual action for which 

the final price is negotiated after a substantial portion of the 

performance required is completed reflects— 

‘‘(1) the possible reduced cost risk of the contractor with 

respect to costs incurred during performance of the contract 

before the final price is negotiated; and 

‘‘(2) the reduced cost risk of the contractor with respect 

to costs incurred during performance of the remaining portion 

of the contract. 

‘‘(g) DEFINITIONS.—In this section: 

‘‘(1) UNDEFINITIZED CONTRACTUAL ACTION.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), the term ‘undefinitized contractual action’ means a 
H. R. 3619—36 

new procurement action entered into by the Coast Guard 

for which the contractual terms, specifications, or price 

are not agreed upon before performance is begun under 

the action. 

‘‘(B) EXCLUSION.—The term ‘undefinitized contractual 

action’ does not include contractual actions with respect 

to— 

‘‘(i) foreign military sales; 

‘‘(ii) purchases in an amount not in excess of the 

amount of the simplified acquisition threshold; or 

‘‘(iii) special access programs. 

‘‘(2) QUALIFYING PROPOSAL.—The term ‘‘qualifying proposal’ 

means a proposal that contains sufficient information to enable 

complete and meaningful audits of the information contained 

in the proposal as determined by the contracting officer. 

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

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

enactment of the Coast Guard Authorization Act for Fiscal Years 

2010 and 2011, the Commandant shall issue guidance to ensure 

that pass-through charges on contracts, subcontracts, delivery 

orders, and task orders that are entered into with a private entity 

acting as a lead systems integrator by or on behalf of the Coast 

Guard are not excessive in relation to the cost of work performed 

by the relevant contractor or subcontractor. The guidance shall, 

at a minimum— 

‘‘(1) set forth clear standards for determining when no, 

or negligible, value has been added to a contract by a contractor 

or subcontractor; 

‘‘(2) set forth procedures for preventing the payment by 

the Government of excessive pass-through charges; and 

‘‘(3) identify any exceptions determined by the Commandant to be in the best interest of the Government. 

‘‘(b) EXCESSIVE PASS-THROUGH CHARGE DEFINED.—In this section the term ‘excessive pass-through charge’, with respect to a 

contractor or subcontractor that adds no, or negligible, value to 

a contract or subcontract, means a charge to the Government by 

the contractor or subcontractor that is for overhead or profit on 

work performed by a lower tier contractor or subcontractor, other 

than reasonable charges for the direct costs of managing lower 

tier contractors and subcontracts and overhead and profit based 

on such direct costs. 

‘‘(c) APPLICATION OF GUIDANCE.—The guidance under this subsection shall apply to contracts awarded to a private entity acting 

as a lead systems integrator by or on behalf of the Coast Guard 

on or after the date that is 360 days after the date of enactment 

of the Coast Guard Authorization Act for Fiscal Years 2010 and 

2011. 

‘‘§ 569. Report on former Coast Guard officials employed by 

contractors to the agency 

‘‘(a) REPORT REQUIRED.—Not later than December 31, 2011, 

and annually thereafter, the Comptroller General of the United 

States shall submit a report to the appropriate congressional 

committees on the employment during the preceding year by Coast 

Guard contractors of individuals who were Coast Guard officials 

in the previous 5-year period. The report shall assess the extent 
H. R. 3619—37 

to which former Coast Guard officials were provided compensation 

by Coast Guard contractors in the preceding calendar year. 

‘‘(b) OBJECTIVES OF REPORT.—At a minimum, the report 

required by this section shall assess the extent to which former 

Coast Guard officials who receive compensation from Coast Guard 

contractors have been assigned by those contractors to work on 

contracts or programs between the contractor and the Coast Guard, 

including contracts or programs for which the former official personally had oversight responsibility or decisionmaking authority when 

they served in or worked for the Coast Guard. 

‘‘(c) CONFIDENTIALITY REQUIREMENT.—The report required by 

this subsection shall not include the names of the former Coast 

Guard officials who receive compensation from Coast Guard contractors. 

‘‘(d) ACCESS TO INFORMATION.—A Coast Guard contractor shall 

provide the Comptroller General access to information requested 

by the Comptroller General for the purpose of conducting the study 

required by this section. 

‘‘(e) DEFINITIONS.—In this section: 

‘‘(1) COAST GUARD CONTRACTOR.—The term ‘Coast Guard 

contractor’ includes any person that received at least 

$10,000,000 in contractor awards from the Coast Guard in 

the calendar year covered by the annual report. 

‘‘(2) COAST GUARD OFFICIAL.—The term ‘Coast Guard official’ includes former officers of the Coast Guard who were 

compensated at a rate of pay for grade O–7 or above during 

the calendar year prior to the date on which they separated 

from the Coast Guard, and former civilian employees of the 

Coast Guard who served at any Level of the Senior Executive 

Service under subchapter VIII of chapter 53 of title 5, United 

States Code, during the calendar year prior to the date on 

which they separated from the Coast Guard. 

‘‘SUBCHAPTER II—IMPROVED ACQUISITION PROCESS AND 

PROCEDURES 

‘‘§ 571. Identification of major system acquisitions 

‘‘(a) IN GENERAL.— 

‘‘(1) SUPPORT MECHANISMS.—The Commandant shall 

develop and implement mechanisms to support the establishment of mature and stable operational requirements for all 

acquisitions. 

‘‘(2) MISSION ANALYSIS; AFFORDABILITY ASSESSMENT.—The 

Commandant may not initiate a Level 1 or Level 2 acquisition 

project or program until the Commandant— 

‘‘(A) completes a mission analysis that— 

‘‘(i) identifies the specific capability gaps to be 

addressed by the project or program; and 

‘‘(ii) develops a clear mission need to be addressed 

by the project or program; and 

‘‘(B) prepares a preliminary affordability assessment 

for the project or program. 

‘‘(b) ELEMENTS.— 

‘‘(1) REQUIREMENTS.—The mechanisms required by subsection (a) shall ensure the implementation of a formal process 

for the development of a mission-needs statement, conceptof-operations document, capability development plan, and 
H. R. 3619—38 

resource proposal for the initial project or program funding, 

and shall ensure the project or program is included in the 

Coast Guard Capital Investment Plan. 

‘‘(2) ASSESSMENT OF TRADE-OFFS.—In conducting an affordability assessment under subsection (a)(2)(B), the Commandant 

shall develop and implement mechanisms to ensure that tradeoffs among cost, schedule, and performance are considered in 

the establishment of preliminary operational requirements for 

development and production of new assets and capabilities 

for Level 1 and Level 2 acquisitions projects and programs. 

‘‘(c) HUMAN RESOURCE CAPITAL PLANNING.—The Commandant 

shall develop staffing predictions, define human capital performance 

initiatives, and identify preliminary training needs required to 

implement each Level 1 and Level 2 acquisition project and program. 

‘‘§ 572. Acquisition 

‘‘(a) IN GENERAL.—The Commandant may not establish a Level 

1 or Level 2 acquisition project or program until the Commandant— 

‘‘(1) clearly defines the operational requirements for the 

project or program; 

‘‘(2) establishes the feasibility of alternatives; 

‘‘(3) develops an acquisition project or program baseline; 

‘‘(4) produces a life-cycle cost estimate; and 

‘‘(5) assesses the relative merits of alternatives to determine 

a preferred solution in accordance with the requirements of 

this section. 

‘‘(b) SUBMISSION REQUIRED BEFORE PROCEEDING.—Any Coast 

Guard Level 1 or Level 2 acquisition project or program may not 

begin to obtain any capability or asset or proceed beyond that 

phase of its development that entails approving the supporting 

acquisition until the Commandant submits to the appropriate 

congressional committees the following: 

‘‘(1) The key performance parameters, the key system 

attributes, and the operational performance attributes of the 

capability or asset to be acquired under the proposed acquisition 

project or program. 

‘‘(2) A detailed list of the systems or other capabilities 

with which the capability or asset to be acquired is intended 

to be interoperable, including an explanation of the attributes 

of interoperability. 

‘‘(3) The anticipated acquisition project or program baseline 

and acquisition unit cost for the capability or asset to be 

acquired under the project or program. 

‘‘(4) A detailed schedule for the acquisition process showing 

when all capability and asset acquisitions are to be completed 

and when all acquired capabilities and assets are to be initially 

and fully deployed. 

‘‘(c) ANALYSIS OF ALTERNATIVES.— 

‘‘(1) IN GENERAL.—The Coast Guard may not acquire an 

experimental or technically immature capability or asset or 

implement a Level 1 or Level 2 acquisition project or program, 

unless it has prepared an analysis of alternatives for the capability or asset to be acquired in the concept and technology 

development phase of the acquisition process for the capability 

or asset. 
H. R. 3619—39 

‘‘(2) REQUIREMENTS.—The analysis of alternatives shall be 

prepared by a federally funded research and development 

center, a qualified entity of the Department of Defense, or 

a similar independent third-party entity that has appropriate 

acquisition expertise and has no financial interest in any part 

of the acquisition project or program that is the subject of 

the analysis. At a minimum, the analysis of alternatives shall 

include— 

‘‘(A) an assessment of the technical maturity of the 

capability or asset, and technical and other risks; 

‘‘(B) an examination of capability, interoperability, and 

other advantages and disadvantages; 

‘‘(C) an evaluation of whether different combinations 

or quantities of specific assets or capabilities could meet 

the Coast Guard’s overall performance needs; 

‘‘(D) a discussion of key assumptions and variables, 

and sensitivity to change in such assumptions and variables; 

‘‘(E) when an alternative is an existing capability, 

asset, or prototype, an evaluation of relevant safety and 

performance records and costs; 

‘‘(F) a calculation of life-cycle costs including— 

‘‘(i) an examination of likely research and development costs and the levels of uncertainty associated 

with such estimated costs; 

‘‘(ii) an examination of likely production and 

deployment costs and the levels of uncertainty associated with such estimated costs; 

‘‘(iii) an examination of likely operating and support costs and the levels of uncertainty associated with 

such estimated costs; 

‘‘(iv) if they are likely to be significant, an examination of likely disposal costs and the levels of 

uncertainty associated with such estimated costs; and 

‘‘(v) such additional measures as the Commandant 

or the Secretary of the department in which the Coast 

Guard is operating determines to be necessary for 

appropriate evaluation of the capability or asset; and 

‘‘(G) the business case for each viable alternative. 

‘‘(d) TEST AND EVALUATION MASTER PLAN.— 

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

project or program the Chief Acquisition Officer must approve 

a test and evaluation master plan specific to the acquisition 

project or program for the capability, asset, or subsystems 

of the capability or asset and intended to minimize technical, 

cost, and schedule risk as early as practicable in the development of the project or program. 

‘‘(2) TEST AND EVALUATION STRATEGY.—The master plan 

shall— 

‘‘(A) set forth an integrated test and evaluation strategy 

that will verify that capability-level or asset-level and subsystem-level design and development, including performance and supportability, have been sufficiently proven 

before the capability, asset, or subsystem of the capability 

or asset is approved for production; and 
H. R. 3619—40 

‘‘(B) require that adequate developmental tests and 

evaluations and operational tests and evaluations established under subparagraph (A) are performed to inform 

production decisions. 

‘‘(3) OTHER COMPONENTS OF THE MASTER PLAN.—At a minimum, the master plan shall identify— 

‘‘(A) the key performance parameters to be resolved 

through the integrated test and evaluation strategy; 

‘‘(B) critical operational issues to be assessed in addition to the key performance parameters; 

‘‘(C) specific development test and evaluation phases 

and the scope of each phase; 

‘‘(D) modeling and simulation activities to be performed, if any, and the scope of such activities; 

‘‘(E) early operational assessments to be performed, 

if any, and the scope of such assessments; 

‘‘(F) operational test and evaluation phases; 

‘‘(G) an estimate of the resources, including funds, 

that will be required for all test, evaluation, assessment, 

modeling, and simulation activities; and 

‘‘(H) the Government entity or independent entity that 

will perform the test, evaluation, assessment, modeling, 

and simulation activities. 

‘‘(4) UPDATE.—The Chief Acquisition Officer must approve 

an updated master plan whenever there is a revision to project 

or program test and evaluation strategy, scope, or phasing. 

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

‘‘(A) proceed beyond that phase of the acquisition 

process that entails approving the supporting acquisition 

of a capability or asset before the master plan is approved 

by the Chief Acquisition Officer; or 

‘‘(B) award any production contract for a capability, 

asset, or subsystem for which a master plan is required 

under this subsection before the master plan is approved 

by the Chief Acquisition Officer. 

‘‘(e) LIFE-CYCLE COST ESTIMATES.— ‘‘(1) IN GENERAL.—The Commandant shall implement 

mechanisms to ensure the development and regular updating 

of life-cycle cost estimates for each acquisition with a total 

acquisition cost that equals or exceeds $10,000,000 and an 

expected service life of 10 or more years, and to ensure that 

these estimates are considered in decisions to develop or 

produce new or enhanced capabilities and assets. 

‘‘(2) TYPES OF ESTIMATES.—In addition to life-cycle cost 

estimates that may be developed by acquisition program offices, 

the Commandant shall require that an independent life-cycle 

cost estimate be developed for each Level 1 or Level 2 acquisition project or program. 

‘‘(3) REQUIRED UPDATES.—For each Level 1 or Level 2 

acquisition project or program the Commandant shall require 

that life-cycle cost estimates shall be updated before each milestone decision is concluded and the project or program enters 

a new acquisition phase. 

‘‘§ 573. Preliminary development and demonstration 

‘‘(a) IN GENERAL.—The Commandant shall ensure that developmental test and evaluation, operational test and evaluation, life- 
H. R. 3619—41 

cycle cost estimates, and the development and demonstration 

requirements applied by this chapter to acquisition projects and 

programs are met to confirm that the projects or programs meet 

the requirements identified in the mission-analysis and affordability 

assessment prepared under section 571(a)(2), the operational 

requirements developed under section 572(a)(1) and the following 

development and demonstration objectives: 

‘‘(1) To demonstrate that the design, manufacturing, and 

production solution is based upon a stable, producible, and 

cost-effective product design. 

‘‘(2) To ensure that the product capabilities meet contract 

specifications, acceptable operational performance requirements, and system security requirements. 

‘‘(3) To ensure that the product design is mature enough 

to commit to full production and deployment. 

‘‘(b) TESTS AND EVALUATIONS.— 

‘‘(1) IN GENERAL.—The Commandant shall ensure that the 

Coast Guard conducts developmental tests and evaluations and 

operational tests and evaluations of a capability or asset and 

the subsystems of the capability or asset in accordance with 

the master plan prepared for the capability or asset under 

section 572(d)(1). 

‘‘(2) USE OF THIRD PARTIES.—The Commandant shall ensure 

that the Coast Guard uses independent third parties with 

expertise in testing and evaluating the capabilities or assets 

and the subsystems of the capabilities or assets being acquired 

to conduct developmental tests and evaluations and operational 

tests and evaluations whenever the Coast Guard lacks the 

capability to conduct the tests and evaluations required by 

a master plan. 

‘‘(3) COMMUNICATION OF SAFETY CONCERNS.—The Commandant shall require that safety concerns identified during 

developmental or operational tests and evaluations or through 

independent or Government-conducted design assessments of 

capabilities or assets and subsystems of capabilities or assets 

to be acquired by the Coast Guard shall be communicated 

as soon as practicable, but not later than 30 days after the 

completion of the test or assessment event or activity that 

identified the safety concern, to the program manager for the 

capability or asset and the subsystems concerned and to the 

Chief Acquisition Officer. 

‘‘(4) REPORTING OF SAFETY CONCERNS.—Any safety concerns 

that have been reported to the Chief Acquisition Officer for 

an acquisition program or project shall be reported by the 

Commandant to the appropriate congressional committees at 

least 90 days before the award of any contract or issuance 

of any delivery order or task order for low, initial, or fullrate production of the capability or asset concerned if they 

will remain uncorrected or unmitigated at the time such a 

contract is awarded or delivery order or task order is issued. 

The report shall include a justification for the approval of 

that level of production of the capability or asset before the 

safety concerns are corrected or mitigated. The report shall 

also include an explanation of the actions that will be taken 

to correct or mitigate the safety concerns, the date by which 

those actions will be taken, and the adequacy of current funding 

to correct or mitigate the safety concerns. 
H. R. 3619—42 

‘‘(5) ASSET ALREADY IN LOW, INITIAL, OR FULL-RATE PRODUCTION.—If operational test and evaluation of a capability or 

asset already in low, initial, or full-rate production identifies 

a safety concern with the capability or asset or any subsystems 

of the capability or asset not previously identified during 

developmental or operational test and evaluation, the Commandant shall— 

‘‘(A) notify the program manager and the Chief Acquisition Officer of the safety concern as soon as practicable, 

but not later than 30 days after the completion of the 

test and evaluation event or activity that identified the 

safety concern; and 

‘‘(B) notify the Chief Acquisition Officer and include 

in such notification— 

‘‘(i) an explanation of the actions that will be taken 

to correct or mitigate the safety concern in all capabilities or assets and subsystems of the capabilities or 

assets yet to be produced, and the date by which those 

actions will be taken; 

‘‘(ii) an explanation of the actions that will be 

taken to correct or mitigate the safety concern in previously produced capabilities or assets and subsystems 

of the capabilities or assets, and the date by which 

those actions will be taken; and 

‘‘(iii) an assessment of the adequacy of current 

funding to correct or mitigate the safety concern in 

capabilities or assets and subsystems of the capabilities 

or assets and in previously produced capabilities or 

assets and subsystems. 

‘‘(c) TECHNICAL CERTIFICATION.— ‘‘(1) IN GENERAL.—The Commandant shall ensure that any 

Level 1 or Level 2 acquisition project or program is certified 

by the technical authority of the Coast Guard after review 

by an independent third party with capabilities in the mission 

area, asset, or particular asset component. 

‘‘(2) TEMPEST TESTING.—The Commandant shall— 

‘‘(A) cause all electronics on all aircraft, surface, and 

shore capabilities and assets that require TEMPEST certification and that are delivered after the date of enactment 

of the Coast Guard Authorization Act of 2010 to be tested 

in accordance with TEMPEST standards and communications security (comsec) standards by an independent third 

party that is authorized by the Federal Government to 

perform such testing; and 

‘‘(B) certify that the assets meet all applicable TEMPEST requirements. 

‘‘(3) CUTTER CLASSIFICATION.— ‘‘(A) IN GENERAL.—The Commandant shall cause each 

cutter, other than a National Security Cutter, acquired 

by the Coast Guard and delivered after the date of enactment of the Coast Guard Authorization Act of 2010 to 

be classed by the American Bureau of Shipping before 

final acceptance. 

‘‘(B) REPORTS.—Not later than December 31, 2011, and 

biennially thereafter, the Commandant shall provide a 

report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee 
H. R. 3619—43 

on Commerce, Science, and Transportation of the Senate 

identifying which, if any, Coast Guard cutters that have 

been issued a certificate of classification by the American 

Bureau of Shipping have not been maintained in class 

and detailing the reasons why they have not been maintained in class. 

‘‘(4) OTHER VESSELS.—The Commandant shall cause the 

design and construction of each National Security Cutter, other 

than National Security Cutters 1, 2, and 3, to be assessed 

by an independent third party with expertise in vessel design 

and construction certification. 

‘‘(5) AIRCRAFT AIRWORTHINESS.—The Commandant shall 

cause all aircraft and aircraft engines acquired by the Coast 

Guard and delivered after the date of enactment of the Coast 

Guard Authorization Act of 2010 to be assessed for airworthiness by an independent third party with expertise in aircraft 

and aircraft engine certification before final acceptance. 

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

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

‘‘(1) ensure there is a stable and efficient production and 

support capability to develop an asset or capability for the 

Coast Guard; 

‘‘(2) conduct follow-on testing to confirm and monitor 

performance and correct deficiencies; and 

‘‘(3) conduct acceptance tests and trials prior to the delivery 

of each asset or system to ensure the delivered asset or system 

achieves full operational capability. 

‘‘(b) ELEMENTS.—The Commandant shall— 

‘‘(1) execute production contracts; 

‘‘(2) ensure that delivered assets and capabilities meet operational cost and schedules requirements established in the 

acquisition program baseline; 

‘‘(3) validate manpower and training requirements to meet 

system needs to operate, maintain, support, and instruct the 

assets or capabilities; and 

‘‘(4) prepare an acquisition project or program transition 

plan to enter into programmatic sustainment, operations, and 

support. 

‘‘§ 575. Acquisition program baseline breach 

‘‘(a) IN GENERAL.—The Commandant shall submit a report 

to the appropriate congressional committees and the Committee 

on Homeland Security of the House of Representatives as soon 

as possible, but not later than 30 days, after the Chief Acquisition 

Officer of the Coast Guard becomes aware of the breach of an 

acquisition program baseline for any Level 1 or Level 2 acquisition 

program, by— 

‘‘(1) a likely cost overrun greater than 15 percent of the 

acquisition program baseline for that individual capability or 

asset or a class of capabilities or assets; 

‘‘(2) a likely delay of more than 180 days in the delivery 

schedule for any individual capability or asset or class of 

capabilities or assets; or 

‘‘(3) an anticipated failure for any individual capability 

or asset or class of capabilities or assets to satisfy any key 
H. R. 3619—44 

performance threshold or parameter under the acquisition program baseline. 

‘‘(b) CONTENT.—The report submitted under subsection (a) shall 

include— 

‘‘(1) a detailed description of the breach and an explanation 

of its cause; 

‘‘(2) the projected impact to performance, cost, and schedule; 

‘‘(3) an updated acquisition program baseline and the complete history of changes to the original acquisition program 

baseline; 

‘‘(4) the updated acquisition schedule and the complete 

history of changes to the original schedule; 

‘‘(5) a full life-cycle cost analysis for the capability or asset 

or class of capabilities or assets; 

‘‘(6) a remediation plan identifying corrective actions and 

any resulting issues or risks; and 

‘‘(7) a description of how progress in the remediation plan 

will be measured and monitored. 

‘‘(c) SUBSTANTIAL VARIANCES IN COSTS OR SCHEDULE.—If a 

likely cost overrun is greater than 20 percent or a likely delay 

is greater than 12 months from the costs and schedule described 

in the acquisition program baseline for any Level 1 or Level 2 

acquisition project or program of the Coast Guard, the Commandant 

shall include in the report a written certification, with a supporting 

explanation, that— 

‘‘(1) the capability or asset or capability or asset class 

to be acquired under the project or program is essential to 

the accomplishment of Coast Guard missions; 

‘‘(2) there are no alternatives to such capability or asset 

or capability or asset class that will provide equal or greater 

capability in both a more cost-effective and timely manner; 

‘‘(3) the new acquisition schedule and estimates for total 

acquisition cost are reasonable; and 

‘‘(4) the management structure for the acquisition program 

is adequate to manage and control performance, cost, and 

schedule. 

‘‘§ 576. Acquisition approval authority 

‘‘Nothing in this subchapter shall be construed as altering 

or diminishing in any way the statutory authority and responsibility 

of the Secretary of the department in which the Coast Guard 

is operating, or the Secretary’s designee, to— 

‘‘(1) manage and administer department procurements, 

including procurements by department components, as required 

by section 701 of the Homeland Security Act of 2002 (6 U.S.C. 

341); or 

‘‘(2) manage department acquisition activities and act as 

the Acquisition Decision Authority with regard to the review 

or approval of a Coast Guard Level 1 or Level 2 acquisition 

project or program, as required by section 16 of the Office 

of Federal Procurement Policy Act (41 U.S.C. 414) and related 

implementing regulations and directives. 

‘‘SUBCHAPTER III—DEFINITIONS 

‘‘§ 581. Definitions 

‘‘In this chapter: 
H. R. 3619—45 

‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘appropriate congressional committees’ means the Committee 

on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate. 

‘‘(2) CHIEF ACQUISITION OFFICER.—The term ‘Chief Acquisition Officer’ means the officer appointed under section 56 of 

this title. 

‘‘(3) COMMANDANT.—The term ‘Commandant’ means the 

Commandant of the Coast Guard. 

‘‘(4) LEVEL 1 ACQUISITION.—The term ‘Level 1 acquisition’ 

means— 

‘‘(A) an acquisition by the Coast Guard— 

‘‘(i) the estimated life-cycle costs of which exceed 

$1,000,000,000; or 

‘‘(ii) the estimated total acquisition costs of which 

exceed $300,000,000; or 

‘‘(B) any acquisition that the Chief Acquisition Officer 

of the Coast Guard determines to have a special interest— 

‘‘(i) due to— 

‘‘(I) the experimental or technically immature 

nature of the asset; 

‘‘(II) the technological complexity of the asset; 

‘‘(III) the commitment of resources; or 

‘‘(IV) the nature of the capability or set of 

capabilities to be achieved; or 

‘‘(ii) because such acquisition is a joint acquisition. 

‘‘(5) LEVEL 2 ACQUISITION.—The term ‘Level 2 acquisition’ 

means an acquisition by the Coast Guard— 

‘‘(A) the estimated life-cycle costs of which are equal 

to or less than $1,000,000,000, but greater than 

$300,000,000; or 

‘‘(B) the estimated total acquisition costs of which are 

equal to or less than $300,000,0000, but greater than 

$100,000,000. 

‘‘(6) LIFE-CYCLE COST.—The term ‘life-cycle cost’ means all 

costs for development, procurement, construction, and operations and support for a particular capability or asset, without 

regard to funding source or management control. 

‘‘(7) PROJECT OR PROGRAM MANAGER DEFINED.—The term 

‘project or program manager’ means an individual designated— 

‘‘(A) to develop, produce, and deploy a new asset to 

meet identified operational requirements; and 

‘‘(B) to manage cost, schedule, and performance of the 

acquisition, project, or program. 

‘‘(8) SAFETY CONCERN.—The term ‘safety concern’ means 

any hazard associated with a capability or asset or a subsystem 

of a capability or asset that is likely to cause serious bodily 

injury or death to a typical Coast Guard user in testing, 

maintaining, repairing, or operating the capability, asset, or 

subsystem or any hazard associated with the capability, asset, 

or subsystem that is likely to cause major damage to the 

capability, asset, or subsystem during the course of its normal 

operation by a typical Coast Guard user. 

‘‘(9) DEVELOPMENTAL TEST AND EVALUATION.—The term 

‘developmental test and evaluation’ means— 
H. R. 3619—46 

‘‘(A) the testing of a capability or asset and the subsystems of the capability or asset to determine whether 

they meet all contractual performance requirements, 

including technical performance requirements, 

supportability requirements, and interoperability requirements and related specifications; and 

‘‘(B) the evaluation of the results of such testing. 

‘‘(10) OPERATIONAL TEST AND EVALUATION.—The term ‘operational test and evaluation’ means— 

‘‘(A) the testing of a capability or asset and the subsystems of the capability or asset, under conditions similar 

to those in which the capability or asset and subsystems 

will actually be deployed, for the purpose of determining 

the effectiveness and suitability of the capability or asset 

and subsystems for use by typical Coast Guard users to 

conduct those missions for which the capability or asset 

and subsystems are intended to be used; and 

‘‘(B) the evaluation of the results of such testing.’’. 

(b) CONFORMING AMENDMENT.—The part analysis for part I 

of title 14, United States Code, is amended by inserting after 

the item relating to chapter 13 the following: 

‘‘15. Acquisitions ..................................................................................................... 561’’. 

SEC. 403. NATIONAL SECURITY CUTTERS. 

(a) NATIONAL SECURITY CUTTERS 1 AND 2.—Not later than 

90 days before the Coast Guard awards any contract or issues 

any delivery order or task order to strengthen the hull of either 

of National Security Cutter 1 or 2 to resolve the structural design 

and performance issues identified in the Department of Homeland 

Security Inspector General’s Report OIG–07–23 dated January 

2007, the Commandant shall submit to the appropriate congressional committees all results of an assessment of the proposed 

hull strengthening design conducted by the Coast Guard, 

including— 

(1) a description in detail of the extent to which the hull 

strengthening measures to be implemented on those cutters 

will enable the cutters to meet contract and performance 

requirements; 

(2) a cost-benefit analysis of the proposed hull strengthening measures for National Security Cutters 1 and 2; and 

(3) a description of any operational restrictions that would 

have to be applied to either National Security Cutter 1 or 

2 if the proposed hull strengthening measures were not implemented on either cutter. 

(b) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section 

the term ‘‘appropriate congressional committees’’ means the 

Committees on Transportation and Infrastructure and Homeland 

Security of the House of Representatives and the Committee on 

Commerce, Science, and Transportation of the Senate. 

SEC. 404. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY. 

(a) IN GENERAL.—For purposes of sections 3304, 5333, and 

5753 of title 5, United States Code, the Commandant of the Coast 

Guard may— 

(1) designate any category of acquisition positions within 

the Coast Guard as shortage category positions; and 
H. R. 3619—47 

(2) use the authorities in such sections to recruit and 

appoint highly qualified persons directly to positions so designated. 

(b) LIMITATION.—The Commandant may not appoint a person 

to a position of employment under this paragraph after September 

30, 2012. 

(c) REPORTS.—The Commandant shall include in reports under 

section 562(d) of title 14, United States Code, as added by this 

title, information described in that section regarding positions designated under this section. 

TITLE V—COAST GUARD 

MODERNIZATION 

SEC. 501. SHORT TITLE. 

This title may be cited as the ‘‘Coast Guard Modernization 

Act of 2010’’. 

Subtitle A—Coast Guard Leadership 

SEC. 511. VICE ADMIRALS. 

(a) VICE ADMIRALS.—Section 50 of such title is amended to 

read as follows: 

‘‘§ 50. Vice admirals 

‘‘(a)(1) The President may designate no more than 4 positions 

of importance and responsibility that shall be held by officers who— 

‘‘(A) while so serving, shall have the grade of vice 

admiral, with the pay and allowances of that grade; and 

‘‘(B) shall perform such duties as the Commandant 

may prescribe. 

‘‘(2) The President may appoint, by and with the advice and 

consent of the Senate, and reappoint, by and with the advice and 

consent of the Senate, to any such position an officer of the Coast 

Guard who is serving on active duty above the grade of captain. 

The Commandant shall make recommendations for such appointments. 

‘‘(3) (A) Except as provided in subparagraph (B), one of the 

vice admirals designated under paragraph (1) must have at least 

10 years experience in vessel inspection, marine casualty investigations, mariner licensing, or an equivalent technical expertise in 

the design and construction of commercial vessels, with at least 

4 years of leadership experience at a staff or unit carrying out 

marine safety functions and shall serve as the principal advisor 

to the Commandant on these issues. 

‘‘(B) The requirements of subparagraph (A) do not apply to 

such vice admiral if the subordinate officer serving in the grade 

of rear admiral with responsibilities for marine safety, security, 

and stewrdship possesses that experience. 

‘‘(b)(1) The appointment and the grade of vice admiral shall 

be effective on the date the officer assumes that duty and, except 

as provided in paragraph (2) of this subsection or in section 51(d) 

of this title, shall terminate on the date the officer is detached 

from that duty. 
H. R. 3619—48 

‘‘(2) An officer who is appointed to a position designated under 

subsection (a) shall continue to hold the grade of vice admiral— 

‘‘(A) while under orders transferring the officer to another 

position designated under subsection (a), beginning on the date 

the officer is detached from that duty and terminating on 

the date before the day the officer assumes the subsequent 

duty, but not for more than 60 days; 

‘‘(B) while hospitalized, beginning on the day of the hospitalization and ending on the day the officer is discharged 

from the hospital, but not for more than 180 days; and 

‘‘(C) while awaiting retirement, beginning on the date the 

officer is detached from duty and ending on the day before 

the officer’s retirement, but not for more than 60 days. 

‘‘(c)(1) An appointment of an officer under subsection (a) does 

not vacate the permanent grade held by the officer. 

‘‘(2) An officer serving in a grade above rear admiral who 

holds the permanent grade of rear admiral (lower half) shall be 

considered for promotion to the permanent grade of rear admiral 

as if the officer was serving in the officer’s permanent grade. 

‘‘(d) Whenever a vacancy occurs in a position designated under 

subsection (a), the Commandant shall inform the President of the 

qualifications needed by an officer serving in that position or office 

to carry out effectively the duties and responsibilities of that position or office.’’. 

(b) REPEAL.—Section 50a of such title is repealed. 

(c) CONFORMING AMENDMENTS.—Section 51 of such title is 

amended— 

(1) by striking subsections (a), (b), and (c) and inserting 

the following: 

‘‘(a) An officer, other than the Commandant, who, while serving 

in the grade of vice admiral, is retired for physical disability shall 

be placed on the retired list with the highest grade in which 

that officer served. 

‘‘(b) An officer, other than the Commandant, who is retired 

while serving in the grade of vice admiral, or who, after serving 

at least 21⁄2 years in the grade of vice admiral, is retired while 

serving in a lower grade, may in the discretion of the President, 

be retired with the highest grade in which that officer served. 

‘‘(c) An officer, other than the Commandant, who, after serving 

less than 21⁄2 years in the grade of vice admiral, is retired while 

serving in a lower grade, shall be retired in his permanent grade.’’; 

and 

(2) by striking ‘‘Area Commander, or Chief of Staff’’ in 

subsection (d)(2) and inserting ‘‘or Vice Admiral’’. 

(d) CONTINUITY OF GRADE.—Section 52 of title 14, United States 

Code, is amended by inserting ‘‘or admiral’’ after ‘‘vice admiral’’ 

the first place it appears. 

(e) CONTINUATION ON ACTIVE DUTY.—The second sentence of 

section 290(a) of title 14, United States Code, is amended to read 

as follows: ‘‘Officers, other than the Commandant, serving for the 

time being or who have served in the grade of vice admiral are 

not subject to consideration for continuation under this subsection, 

and as to all other provisions of this section shall be considered 

as having been continued at the grade of rear admiral.’’. 

(f) CLERICAL AMENDMENTS.— (1) The section caption for section 47 of such title is 

amended to read as follows: 
H. R. 3619—49 

‘‘§ 47. Vice commandant; appointment’’. 

(2) The section caption for section 52 of title 14, United 

States Code, is amended to read as follows: 

‘‘§ 52. Vice admirals and admiral, continuity of grade’’. 

(3) The table of contents for chapter 3 of such title is 

amended— 

(A) by striking the item relating to section 47 and 

inserting the following: 

‘‘47. Vice Commandant; appointment.’’; 

(B) by striking the item relating to section 50a; 

(C) by striking the item relating to section 50 and 

inserting the following: 

‘‘50. Vice admirals.’’; and 

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

inserting the following: 

‘‘52. Vice admirals and admiral, continuity of grade.’’. 

(g) TECHNICAL CORRECTION.—Section 47 of such title is further 

amended by striking ‘‘subsection’’ in the fifth sentence and inserting 

‘‘section’’. 

(h) TREATMENT OF INCUMBENTS; TRANSITION.— 

(1) Notwithstanding any other provision of law, an officer 

who, on the date of enactment of this Act, is serving as Chief 

of Staff, Commander, Atlantic Area, or Commander, Pacific 

Area— 

(A) shall continue to have the grade of vice admiral 

with pay and allowance of that grade until such time 

that the officer is relieved of his duties and appointed 

and confirmed to another position as a vice admiral or 

admiral; or 

(B) for the purposes of transition, may continue at 

the grade of vice admiral with pay and allowance of that 

grade, for not more than 1 year after the date of enactment 

of this Act, to perform the duties of the officer’s former 

position and any other such duties that the Commandant 

prescribes. 

Subtitle B—Workforce Expertise 

SEC. 521. PREVENTION AND RESPONSE STAFF. 

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

is amended by adding at the end the following new sections: 

‘‘§ 57. Prevention and response workforces 

‘‘(a) CAREER PATHS.—The Secretary, acting through the Commandant, shall ensure that appropriate career paths for civilian 

and military Coast Guard personnel who wish to pursue career 

paths in prevention or response positions are identified in terms 

of the education, training, experience, and assignments necessary 

for career progression of civilians and members of the Armed Forces 

to the most senior prevention or response positions, as appropriate. 

The Secretary shall make available published information on such 

career paths. 
H. R. 3619—50 

‘‘(b) QUALIFICATIONS FOR CERTAIN ASSIGNMENTS.—An officer, 

member, or civilian employee of the Coast Guard assigned as a— 

‘‘(1) marine inspector shall have the training, experience, 

and qualifications equivalent to that required for a similar 

position at a classification society recognized by the Secretary 

under section 3316 of title 46 for the type of vessel, system, 

or equipment that is inspected; 

‘‘(2) marine casualty investigator shall have the training, 

experience, and qualifications in investigation, marine casualty 

reconstruction, evidence collection and preservation, human factors, and documentation using best investigation practices by 

Federal and non-Federal entities; or 

‘‘(3) marine safety engineer shall have knowledge, skill, 

and practical experience in— 

‘‘(A) the construction and operation of commercial vessels; 

‘‘(B) judging the character, strength, stability, and 

safety qualities of such vessels and their equipment; or 

‘‘(C) the qualifications and training of vessel personnel. 

‘‘(c) APPRENTICESHIP REQUIREMENT TO QUALIFY FOR CERTAIN

CAREERS.—The Commandant may require an officer, member, or 

employee of the Coast Guard in training for a specialized prevention 

or response career path to serve an apprenticeship under the guidance of a qualified individual. However, an individual in training 

to become a marine inspector, marine casualty investigator, or 

marine safety engineer shall serve a minimum of one-year as an 

apprentice unless the Commandant authorizes a shorter period 

for certain qualifications. 

‘‘(d) MANAGEMENT INFORMATION SYSTEM.—The Secretary, 

acting through the Commandant, shall establish a management 

information system for the prevention and response workforces 

that shall provide, at a minimum, the following standardized 

information on persons serving in those workforces: 

‘‘(1) Qualifications, assignment history, and tenure in 

assignments. 

‘‘(2) Promotion rates for military and civilian personnel. 

‘‘(e) ASSESSMENT OF ADEQUACY OF MARINE SAFETY

WORKFORCE.— 

‘‘(1) REPORT.—The Secretary, acting through the Commandant, shall report to the Committee on Transportation 

and Infrastructure of the House of Representatives and the 

Committee on Commerce, Science, and Transportation of the 

Senate by December 1 of each year on the adequacy of the 

current marine safety workforce to meet that anticipated workload. 

‘‘(2) CONTENTS.—The report shall specify the number of 

civilian and military Coast Guard personnel currently assigned 

to marine safety positions and shall identify positions that 

are understaffed to meet the anticipated marine safety workload. 

‘‘(f) SECTOR CHIEF OF PREVENTION.—There shall be in each 

Coast Guard sector a Chief of Prevention who shall be at least 

a Lieutenant Commander or civilian employee within the grade 

GS–13 of the General Schedule, and who shall be a— 

‘‘(1) marine inspector, qualified to inspect vessels, vessel 

systems, and equipment commonly found in the sector; and 
H. R. 3619—51 

‘‘(2) qualified marine casualty investigator or marine safety 

engineer. 

‘‘(g) SIGNATORIES OF LETTER OF QUALIFICATION FOR CERTAIN

PREVENTION PERSONNEL.—Each individual signing a letter of qualification for marine safety personnel must hold a letter of qualification for the type being certified. 

‘‘(h) SECTOR CHIEF OF RESPONSE.—There shall be in each Coast 

Guard sector a Chief of Response who shall be at least a Lieutenant 

Commander or civilian employee within the grade GS–13 of the 

General Schedule in each Coast Guard sector. 

‘‘§ 58. Centers of expertise for Coast Guard prevention and 

response 

‘‘(a) ESTABLISHMENT.—The Commandant of the Coast Guard 

may establish and operate one or more centers of expertise for 

prevention and response missions of the Coast Guard (in this section 

referred to as a ‘center’). 

‘‘(b) MISSIONS.—Each center shall— 

‘‘(1) promote and facilitate education, training, and 

research; 

‘‘(2) develop a repository of information on its missions 

and specialties; and 

‘‘(3) perform any other missions as the Commandant may 

specify. 

‘‘(c) JOINT OPERATION WITH EDUCATIONAL INSTITUTION AUTHORIZED.—The Commandant may enter into an agreement with an 

appropriate official of an institution of higher education to— 

‘‘(1) provide for joint operation of a center; and 

‘‘(2) provide necessary administrative services for a center, 

including administration and allocation of funds. 

‘‘(d) ACCEPTANCE OF DONATIONS.— 

‘‘(1) Except as provided in paragraph (2), the Commandant 

may accept, on behalf of a center, donations to be used to 

defray the costs of the center or to enhance the operation 

of the center. Those donations may be accepted from any State 

or local government, any foreign government, any foundation 

or other charitable organization (including any that is organized 

or operates under the laws of a foreign country), or any individual. 

‘‘(2) The Commandant may not accept a donation under 

paragraph (1) if the acceptance of the donation would compromise or appear to compromise— 

‘‘(A) the ability of the Coast Guard or the department 

in which the Coast Guard is operating, any employee of 

the Coast Guard or the department, or any member of 

the Armed Forces to carry out any responsibility or duty 

in a fair and objective manner; or 

‘‘(B) the integrity of any program of the Coast Guard, 

the department in which the Coast Guard is operating, 

or of any person involved in such a program. 

‘‘(3) The Commandant shall prescribe written guidance setting forth the criteria to be used in determining whether or 

not the acceptance of a donation from a foreign source would 

have a result described in paragraph (2). 
H. R. 3619—52 

‘‘§ 59. Marine industry training program 

‘‘(a) IN GENERAL.—The Commandant shall, by policy, establish 

a program under which an officer, member, or employee of the 

Coast Guard may be assigned to a private entity to further the 

institutional interests of the Coast Guard with regard to marine 

safety, including for the purpose of providing training to an officer, 

member, or employee. Policies to carry out the program— 

‘‘(1) with regard to an employee of the Coast Guard, shall 

include provisions, consistent with sections 3702 through 3704 

of title 5, as to matters concerning— 

‘‘(A) the duration and termination of assignments; 

‘‘(B) reimbursements; and 

‘‘(C) status, entitlements, benefits, and obligations of 

program participants; and 

‘‘(2) shall require the Commandant, before approving the 

assignment of an officer, member, or employee of the Coast 

Guard to a private entity, to determine that the assignment 

is an effective use of the Coast Guard’s funds, taking into 

account the best interests of the Coast Guard and the costs 

and benefits of alternative methods of achieving the same 

results and objectives. 

‘‘(b) ANNUAL REPORT.—Not later than the date of the submission each year of the President’s budget request under section 

1105 of title 31, the Commandant shall submit to the Committee 

on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation 

of the Senate a report that describes— 

‘‘(1) the number of officers, members, and employees of 

the Coast Guard assigned to private entities under this section; 

and 

‘‘(2) the specific benefit that accrues to the Coast Guard 

for each assignment.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is further amended by adding at the end 

the following new items: 

‘‘57. Prevention and response workforces. 

‘‘58. Centers of expertise for Coast Guard prevention and response. 

‘‘59. Marine industry training programs.’’. 

SEC. 522. MARINE SAFETY MISSION PRIORITIES AND LONG-TERM 

GOALS. 

(a) IN GENERAL.—Chapter 21 of title 46, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 2116. Marine safety strategy, goals, and performance 

assessments 

‘‘(a) LONG-TERM STRATEGY AND GOALS.—In conjunction with 

existing federally required strategic planning efforts, the Secretary 

shall develop a long-term strategy for improving vessel safety and 

the safety of individuals on vessels. The strategy shall include 

the issuance each year of an annual plan and schedule for achieving 

the following goals: 

‘‘(1) Reducing the number and rates of marine casualties. 

‘‘(2) Improving the consistency and effectiveness of vessel 

and operator enforcement and compliance programs. 

‘‘(3) Identifying and targeting enforcement efforts at highrisk vessels and operators. 
H. R. 3619—53 

‘‘(4) Improving research efforts to enhance and promote 

vessel and operator safety and performance. 

‘‘(b) CONTENTS OF STRATEGY AND ANNUAL PLANS.— 

‘‘(1) MEASURABLE GOALS.—The strategy and annual plans 

shall include specific numeric or measurable goals designed 

to achieve the goals set forth in subsection (a). The purposes 

of the numeric or measurable goals are the following: 

‘‘(A) To increase the number of safety examinations 

on all high-risk vessels. 

‘‘(B) To eliminate the backlog of marine safety-related 

rulemakings. 

‘‘(C) To improve the quality and effectiveness of marine 

safety information databases by ensuring that all Coast 

Guard personnel accurately and effectively report all safety, 

casualty, and injury information. 

‘‘(D) To provide for a sufficient number of Coast Guard 

marine safety personnel, and provide adequate facilities 

and equipment to carry out the functions referred to in 

section 93(c). 

‘‘(2) RESOURCE NEEDS.—The strategy and annual plans 

shall include estimates of— 

‘‘(A) the funds and staff resources needed to accomplish 

each activity included in the strategy and plans; and 

‘‘(B) the staff skills and training needed for timely 

and effective accomplishment of each goal. 

‘‘(c) SUBMISSION WITH THE PRESIDENT’S BUDGET.—Beginning 

with fiscal year 2011 and each fiscal year thereafter, the Secretary 

shall submit to Congress the strategy and annual plan not later 

than 60 days following the transmission of the President’s budget 

submission under section 1105 of title 31. 

‘‘(d) ACHIEVEMENT OF GOALS.— ‘‘(1) PROGRESS ASSESSMENT.—No less frequently than semiannually, the Coast Guard Commandant shall assess the 

progress of the Coast Guard toward achieving the goals set 

forth in subsection (b). The Commandant shall convey the Commandant’s assessment to the employees of the marine safety 

workforce and shall identify any deficiencies that should be 

remedied before the next progress assessment. 

‘‘(2) REPORT TO CONGRESS.—The Secretary shall report 

annually to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on 

Commerce, Science, and Transportation of the Senate— 

‘‘(A) on the performance of the marine safety program 

in achieving the goals of the marine safety strategy and 

annual plan under subsection (a) for the year covered by 

the report; 

‘‘(B) on the program’s mission performance in achieving 

numerical measurable goals established under subsection 

(b); and 

‘‘(C) recommendations on how to improve performance 

of the program.’’. 

(b) CLERICAL AMENDMENT.—The analysis for such chapter is 

amended by adding at the end the following new item: 

‘‘2116. Marine safety strategy, goals, and performance assessments.’’. 

(c) CERTIFICATES OF INSPECTION.—Section 3309 of title 46, 

United States Code, is amended by adding at the end the following: 
H. R. 3619—54 

‘‘(d) A certificate of inspection issued under this section shall 

be signed by the senior Coast Guard member or civilian employee 

who inspected the vessel, in addition to the officer in charge of 

marine inspection.’’. 

SEC. 523. POWERS AND DUTIES. 

Section 93 of title 14, United States Code, is amended by 

adding at the end the following new subsections: 

‘‘(c) MARINE SAFETY RESPONSIBILITIES.—In exercising the Commandant’s duties and responsibilities with regard to marine safety, 

the individual with the highest rank who meets the experience 

qualifications set forth in section 50(a)(3) shall serve as the principal 

advisor to the Commandant regarding— 

‘‘(1) the operation, regulation, inspection, identification, 

manning, and measurement of vessels, including plan approval 

and the application of load lines; 

‘‘(2) approval of materials, equipment, appliances, and associated equipment; 

‘‘(3) the reporting and investigation of marine casualties 

and accidents; 

‘‘(4) the licensing, certification, documentation, protection 

and relief of merchant seamen; 

‘‘(5) suspension and revocation of licenses and certificates; 

‘‘(6) enforcement of manning requirements, citizenship 

requirements, control of log books; 

‘‘(7) documentation and numbering of vessels; 

‘‘(8) State boating safety programs; 

‘‘(9) commercial instruments and maritime liens; 

‘‘(10) the administration of bridge safety; 

‘‘(11) administration of the navigation rules; 

‘‘(12) the prevention of pollution from vessels; 

‘‘(13) ports and waterways safety; 

‘‘(14) waterways management; including regulation for 

regattas and marine parades; 

‘‘(15) aids to navigation; and 

‘‘(16) other duties and powers of the Secretary related 

to marine safety and stewardship. 

‘‘(d) OTHER AUTHORITY NOT AFFECTED.—Nothing in subsection 

(c) affects— 

‘‘(1) the authority of Coast Guard officers and members 

to enforce marine safety regulations using authority under 

section 89 of this title; or 

‘‘(2) the exercise of authority under section 91 of this title 

and the provisions of law codified at sections 191 through 

195 of title 50 on the date of enactment of this paragraph.’’. 

SEC. 524. APPEALS AND WAIVERS. 

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

is further amended by inserting at the end the following new 

section: 

‘‘§ 102. Appeals and waivers 

‘‘Except for the Commandant of the Coast Guard, any individual 

adjudicating an appeal or waiver of a decision regarding marine 

safety, including inspection or manning and threats to the environment, shall— 

‘‘(1) be a qualified specialist with the training, experience, 

and qualifications in marine safety to effectively judge the 
H. R. 3619—55 

facts and circumstances involved in the appeal and make a 

judgment regarding the merits of the appeal; or 

‘‘(2) have a senior staff member who— 

‘‘(A) meets the requirements of paragraph (1); 

‘‘(B) actively advises the individual adjudicating the 

appeal; and 

‘‘(C) concurs in writing on the decision on appeal.’’. 

(b) CLERICAL AMENDMENT.—The analysis for such chapter is 

further amended by adding at the end the following new item: 

‘‘102. Appeals and waivers.’’. 

SEC. 525. COAST GUARD ACADEMY. 

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

is further amended by adding at the end the following new section: 

‘‘§ 200. Marine safety curriculum 

‘‘The Commandant of the Coast Guard shall ensure that professional courses of study in marine safety are provided at the Coast 

Guard Academy, and during other officer accession programs, to 

give Coast Guard cadets and other officer candidates a background 

and understanding of the marine safety program. These courses 

may include such topics as program history, vessel design and 

construction, vessel inspection, casualty investigation, and administrative law and regulations.’’. 

(b) CLERICAL AMENDMENT.—The analysis for such chapter is 

further amended by adding at the end the following new item: 

‘‘200. Marine safety curriculum.’’. 

SEC. 526. REPORT REGARDING CIVILIAN MARINE INSPECTORS. 

Not later than 1 year after the date of enactment of this 

Act, the Commandant of the Coast Guard shall submit to the 

Committee on Transportation and Infrastructure of the House of 

Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate a report on Coast Guard’s efforts 

to recruit and retain civilian marine inspectors and investigators 

and the impact of such recruitment and retention efforts on Coast 

Guard organizational performance. 

TITLE VI—MARINE SAFETY 

SEC. 601. SHORT TITLE. 

This title may be cited as the ‘‘Maritime Safety Act of 2010’’. 

SEC. 602. VESSEL SIZE LIMITS. 

(a) LENGTH, TONNAGE, AND HORSEPOWER.—Section 12113(d)(2) 

of title 46, United States Code, is amended— 

(1) by inserting ‘‘and’’ after the semicolon at the end of 

subparagraph (A)(i); 

(2) by striking ‘‘and’’ at the end of subparagraph (A)(ii); 

(3) by striking subparagraph (A)(iii); 

(4) by striking the period at the end of subparagraph (B) 

and inserting a semicolon; and 

(5) by inserting at the end the following: 

‘‘(C) the vessel is either a rebuilt vessel or a replacement vessel under section 208(g) of the American Fisheries 

Act (title II of division C of Public Law 105–277; 112 
H. R. 3619—56 

Stat. 2681–627) and is eligible for a fishery endorsement 

under this section; or 

‘‘(D) the vessel is a fish tender vessel that is not 

engaged in the harvesting or processing of fish.’’. 

(b) CONFORMING AMENDMENTS.— 

(1) VESSEL REBUILDING AND REPLACEMENT.—Section 208(g) 

of the American Fisheries Act (title II of division C of Public 

Law 105–277; 112 Stat. 2681–627) is amended to read as follows: 

‘‘(g) VESSEL REBUILDING AND REPLACEMENT.— 

‘‘(1) IN GENERAL.— 

‘‘(A) REBUILD OR REPLACE.—Notwithstanding any 

limitation to the contrary on replacing, rebuilding, or 

lengthening vessels or transferring permits or licenses to 

a replacement vessel contained in sections 679.2 and 679.4 

of title 50, Code of Federal Regulations, as in effect on 

the date of enactment of the Coast Guard Authorization 

Act of 2010 and except as provided in paragraph (4), the 

owner of a vessel eligible under subsection (a), (b), (c), 

(d), or (e), in order to improve vessel safety and operational 

efficiencies (including fuel efficiency), may rebuild or 

replace that vessel (including fuel efficiency) with a vessel 

documented with a fishery endorsement under section 

12113 of title 46, United States Code. 

‘‘(B) SAME REQUIREMENTS.—The rebuilt or replacement 

vessel shall be eligible in the same manner and subject 

to the same restrictions and limitations under such subsection as the vessel being rebuilt or replaced. 

‘‘(C) TRANSFER OF PERMITS AND LICENSES.—Each 

fishing permit and license held by the owner of a vessel 

or vessels to be rebuilt or replaced under subparagraph 

(A) shall be transferred to the rebuilt or replacement vessel 

or its owner, as necessary to permit such rebuilt or replacement vessel to operate in the same manner as the vessel 

prior to the rebuilding or the vessel it replaced, respectively. 

‘‘(2) RECOMMENDATIONS OF NORTH PACIFIC FISHERY

MANAGEMENT COUNCIL.—The North Pacific Fishery Management Council may recommend for approval by the Secretary 

such conservation and management measures, including size 

limits and measures to control fishing capacity, in accordance 

with the Magnuson-Stevens Act as it considers necessary to 

ensure that this subsection does not diminish the effectiveness 

of fishery management plans of the Bering Sea and Aleutian 

Islands Management Area or the Gulf of Alaska. 

‘‘(3) SPECIAL RULE FOR REPLACEMENT OF CERTAIN VESSELS.— 

‘‘(A) IN GENERAL.—Notwithstanding the requirements 

of subsections (b)(2), (c)(1), and (c)(2) of section 12113 of 

title 46, United States Code, a vessel that is eligible under 

subsection (a), (b), (c), or (e) and that qualifies to be documented with a fishery endorsement pursuant to section 

213(g) may be replaced with a replacement vessel under 

paragraph (1) if the vessel that is replaced is validly documented with a fishery endorsement pursuant to section 

213(g) before the replacement vessel is documented with 
H. R. 3619—57 

a fishery endorsement under section 12113 of title 46, 

United States Code. 

‘‘(B) APPLICABILITY.—A replacement vessel under 

subparagraph (A) and its owner and mortgagee are subject 

to the same limitations under section 213(g) that are 

applicable to the vessel that has been replaced and its 

owner and mortgagee. 

‘‘(4) SPECIAL RULES FOR CERTAIN CATCHER VESSELS.— 

‘‘(A) IN GENERAL.—A replacement for a covered vessel 

described in subparagraph (B) is prohibited from harvesting 

fish in any fishery (except for the Pacific whiting fishery) 

managed under the authority of any Regional Fishery 

Management Council (other than the North Pacific Fishery 

Management Council) established under section 302(a) of 

the Magnuson-Stevens Act. 

‘‘(B) COVERED VESSELS.—A covered vessel referred to 

in subparagraph (A) is— 

‘‘(i) a vessel eligible under subsection (a), (b), or 

(c) that is replaced under paragraph (1); or 

‘‘(ii) a vessel eligible under subsection (a), (b), or 

(c) that is rebuilt to increase its registered length, 

gross tonnage, or shaft horsepower. 

‘‘(5) LIMITATION ON FISHERY ENDORSEMENTS.—Any vessel 

that is replaced under this subsection shall thereafter not be 

eligible for a fishery endorsement under section 12113 of title 

46, United States Code, unless that vessel is also a replacement 

vessel described in paragraph (1). 

‘‘(6) GULF OF ALASKA LIMITATION.—Notwithstanding paragraph (1), the Secretary shall prohibit from participation in 

the groundfish fisheries of the Gulf of Alaska any vessel that 

is rebuilt or replaced under this subsection and that exceeds 

the maximum length overall specified on the license that 

authorizes fishing for groundfish pursuant to the license limitation program under part 679 of title 50, Code of Federal Regulations, as in effect on the date of enactment of the Coast Guard 

Authorization Act of 2010. 

‘‘(7) AUTHORITY OF PACIFIC COUNCIL.—Nothing in this section shall be construed to diminish or otherwise affect the 

authority of the Pacific Council to recommend to the Secretary 

conservation and management measures to protect fisheries 

under its jurisdiction (including the Pacific whiting fishery) 

and participants in such fisheries from adverse impacts caused 

by this Act.’’. 

(2) REPEAL OF EXEMPTION OF CERTAIN VESSELS.—Section 

203(g) of the American Fisheries Act (title II of division C 

of Public Law 105–277; 112 Stat. 2681–620) is repealed. 

(3) FISHERY COOPERATIVE EXIT PROVISIONS.—Section 210(b) 

of the American Fisheries Act (title II of division C of Public 

Law 105–277; 112 Stat. 2681–629) is amended— 

(A) by moving the matter beginning with ‘‘the Secretary 

shall’’ in paragraph (1) 2 ems to the right; and 

(B) by adding at the end the following: 

‘‘(7) FISHERY COOPERATIVE EXIT PROVISIONS.— 

‘‘(A) FISHING ALLOWANCE DETERMINATION.—For purposes of determining the aggregate percentage of directed 

fishing allowances under paragraph (1), when a catcher 
H. R. 3619—58 

vessel is removed from the directed pollock fishery, the 

fishery allowance for pollock for the vessel being removed— 

‘‘(i) shall be based on the catch history determination for the vessel made pursuant to section 679.62 

of title 50, Code of Federal Regulations, as in effect 

on the date of enactment of the Coast Guard Authorization Act of 2010; and 

‘‘(ii) shall be assigned, for all purposes under this 

title, in the manner specified by the owner of the 

vessel being removed to any other catcher vessel or 

among other catcher vessels participating in the fishery 

cooperative if such vessel or vessels remain in the 

fishery cooperative for at least one year after the date 

on which the vessel being removed leaves the directed 

pollock fishery. 

‘‘(B) ELIGIBILITY FOR FISHERY ENDORSEMENT.—Except 

as provided in subparagraph (C), a vessel that is removed 

pursuant to this paragraph shall be permanently ineligible 

for a fishery endorsement, and any claim (including relating 

to catch history) associated with such vessel that could 

qualify any owner of such vessel for any permit to participate in any fishery within the exclusive economic zone 

of the United States shall be extinguished, unless such 

removed vessel is thereafter designated to replace a vessel 

to be removed pursuant to this paragraph. 

‘‘(C) LIMITATIONS ON STATUTORY CONSTRUCTION.— Nothing in this paragraph shall be construed— 

‘‘(i) to make the vessels AJ (United States official 

number 905625), DONA MARTITA (United States official number 651751), NORDIC EXPLORER (United 

States official number 678234), and PROVIDIAN 

(United States official number 1062183) ineligible for 

a fishery endorsement or any permit necessary to 

participate in any fishery under the authority of the 

New England Fishery Management Council or the MidAtlantic Fishery Management Council established, 

respectively, under subparagraphs (A) and (B) of section 302(a)(1) of the Magnuson-Stevens Act; or 

‘‘(ii) to allow the vessels referred to in clause (i) 

to participate in any fishery under the authority of 

the Councils referred to in clause (i) in any manner 

that is not consistent with the fishery management 

plan for the fishery developed by the Councils under 

section 303 of the Magnuson-Stevens Act.’’. 

SEC. 603. COLD WEATHER SURVIVAL TRAINING. 

The Commandant of the Coast Guard shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate on the efficacy of cold weather survival 

training conducted by the Coast Guard over the preceding 5 years. 

The report shall include plans for conducting such training in 

fiscal years 2010 through 2013. 

SEC. 604. FISHING VESSEL SAFETY. 

(a) SAFETY STANDARDS.—Section 4502 of title 46, United States 

Code, is amended— 

(1) in subsection (a), by— 
H. R. 3619—59 

(A) striking paragraphs (6) and (7) and inserting the 

following: 

‘‘(6) other equipment required to minimize the risk of injury 

to the crew during vessel operations, if the Secretary determines 

that a risk of serious injury exists that can be eliminated 

or mitigated by that equipment; and’’; and 

(B) redesignating paragraph (8) as paragraph (7); 

(2) in subsection (b)— 

(A) in paragraph (1) in the matter preceding subparagraph (A), by striking ‘‘documented’’; 

(B) in paragraph (1)(A), by striking ‘‘the Boundary 

Line’’ and inserting ‘‘3 nautical miles from the baseline 

from which the territorial sea of the United States is measured or beyond 3 nautical miles from the coastline of the 

Great Lakes’’; 

(C) in paragraph (2)(B), by striking ‘‘lifeboats or liferafts’’ and inserting ‘‘a survival craft that ensures that 

no part of an individual is immersed in water’’; 

(D) in paragraph (2)(D), by inserting ‘‘marine’’ before 

‘‘radio’’; 

(E) in paragraph (2)(E), by striking ‘‘radar reflectors, 

nautical charts, and anchors’’ and inserting ‘‘nautical 

charts, and publications’’; 

(F) in paragraph (2)(F), by striking ‘‘, including medicine chests’’ and inserting ‘‘and medical supplies sufficient 

for the size and area of operation of the vessel’’; and 

(G) by amending paragraph (2)(G) to read as follows: 

‘‘(G) ground tackle sufficient for the vessel.’’; 

(3) by amending subsection (f) to read as follows: 

‘‘(f) To ensure compliance with the requirements of this chapter, 

the Secretary— 

‘‘(1) shall require the individual in charge of a vessel 

described in subsection (b) to keep a record of equipment 

maintenance, and required instruction and drills; and 

‘‘(2) shall examine at dockside a vessel described in subsection (b) at least once every 2 years, and shall issue a certificate of compliance to a vessel meeting the requirements of 

this chapter.’’; and 

(4) by adding at the end the following: 

‘‘(g)(1) The individual in charge of a vessel described in subsection (b) must pass a training program approved by the Secretary 

that meets the requirements in paragraph (2) of this subsection 

and hold a valid certificate issued under that program. 

‘‘(2) The training program shall— 

‘‘(A) be based on professional knowledge and skill obtained 

through sea service and hands-on training, including training 

in seamanship, stability, collision prevention, navigation, fire 

fighting and prevention, damage control, personal survival, 

emergency medical care, emergency drills, and weather; 

‘‘(B) require an individual to demonstrate ability to communicate in an emergency situation and understand information 

found in navigation publications; 

‘‘(C) recognize and give credit for recent past experience 

in fishing vessel operation; and 

‘‘(D) provide for issuance of a certificate to an individual 

that has successfully completed the program. 
H. R. 3619—60 

‘‘(3) The Secretary shall prescribe regulations implementing 

this subsection. The regulations shall require that individuals who 

are issued a certificate under paragraph (2)(D) must complete 

refresher training at least once every 5 years as a condition of 

maintaining the validity of the certificate. 

‘‘(4) The Secretary shall establish a publicly accessible electronic 

database listing the names of individuals who have participated 

in and received a certificate confirming successful completion of 

a training program approved by the Secretary under this section. 

‘‘(h) A vessel to which this chapter applies shall be constructed 

in a manner that provides a level of safety equivalent to the 

minimum safety standards the Secretary may establish for recreational vessels under section 4302, if— 

‘‘(1) subsection (b) of this section applies to the vessel; 

‘‘(2) the vessel is less than 50 feet overall in length; and 

‘‘(3) the vessel is built after January 1, 2010. 

‘‘(i)(1) The Secretary shall establish a Fishing Safety Training 

Grants Program to provide funding to municipalities, port authorities, other appropriate public entities, not-for-profit organizations, 

and other qualified persons that provide commercial fishing safety 

training— 

‘‘(A) to conduct fishing vessel safety training for vessel 

operators and crewmembers that— 

‘‘(i) in the case of vessel operators, meets the requirements of subsection (g); and 

‘‘(ii) in the case of crewmembers, meets the requirements of subsection (g)(2)(A), such requirements of subsection (g)(2)(B) as are appropriate for crewmembers, and 

the requirements of subsections (g)(2)(D), (g)(3), and (g)(4); 

and 

‘‘(B) for purchase of safety equipment and training aids 

for use in those fishing vessel safety training programs. 

‘‘(2) The Secretary shall award grants under this subsection 

on a competitive basis. 

‘‘(3) The Federal share of the cost of any activity carried out 

with a grant under this subsection shall not exceed 75 percent. 

‘‘(4) There is authorized to be appropriated $3,000,000 for each 

of fiscal years 2010 through 2014 for grants under this subsection. 

‘‘(j)(1) The Secretary shall establish a Fishing Safety Research 

Grant Program to provide funding to individuals in academia, members of non-profit organizations and businesses involved in fishing 

and maritime matters, and other persons with expertise in fishing 

safety, to conduct research on methods of improving the safety 

of the commercial fishing industry, including vessel design, emergency and survival equipment, enhancement of vessel monitoring 

systems, communications devices, de-icing technology, and severe 

weather detection. 

‘‘(2) The Secretary shall award grants under this subsection 

on a competitive basis. 

‘‘(3) The Federal share of the cost of any activity carried out 

with a grant under this subsection shall not exceed 75 percent. 

‘‘(4) There is authorized to be appropriated $3,000,000 for each 

fiscal years 2010 through 2014 for activities under this subsection.’’. 

(b) CONFORMING AMENDMENT.—Section 4506(b) of title 46, 

United States Code, is repealed. 

(c) ADVISORY COMMITTEE.— 
H. R. 3619—61 

(1) CHANGE OF NAME.—Section 4508 of title 46, United 

States Code, is amended— 

(A) by striking the section heading and inserting the 

following: 

‘‘§ 4508. Commercial Fishing Safety Advisory Committee’’; 

and 

(B) in subsection (a) by striking ‘‘Industry Vessel’’. 

(2) MEMBERSHIP REQUIREMENTS.—Section 4508(b)(1) of that 

title is amended— 

(A) by striking ‘‘seventeen’’ and inserting ‘‘eighteen’’; 

(B) in subparagraph (A)— 

(i) in the matter preceding clause (i), by striking 

‘‘from the commercial fishing industry who—’’ and 

inserting ‘‘who shall represent the commercial fishing 

industry and who—’’; and 

(ii) in clause (ii), by striking ‘‘an uninspected’’ and 

inserting ‘‘a’’; 

(C) by striking subparagraph (B) and inserting the 

following: 

‘‘(B) three members who shall represent the general public, 

including, whenever possible— 

‘‘(i) an independent expert or consultant in maritime 

safety; 

‘‘(ii) a marine surveyor who provides services to vessels 

to which this chapter applies; and 

‘‘(iii) a person familiar with issues affecting fishing 

communities and families of fishermen;’’; and 

(D) in subparagraph (C)— 

(i) in the matter preceding clause (i), by striking 

‘‘representing each of—’’ 

and inserting ‘‘each of whom shall represent—’’; 

(ii) in clause (i), by striking ‘‘or marine surveyors;’’ 

and inserting ‘‘and marine engineers;’’; 

(iii) in clause (iii), by striking ‘‘and’’ after the semicolon at the end; 

(iv) in clause (iv), by striking the period at the 

end and inserting ‘‘; and’’; and 

(v) by adding at the end the following new clause: 

‘‘(v) owners of vessels to which this chapter applies.’’. 

(3) TERMINATION.—Section 4508(e)(1) of that title is 

amended by striking ‘‘September 30, 2010.’’ and inserting ‘‘September 30, 2020.’’. 

(4) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 45 of title 46, United States Code, is 

amended by striking the item relating to such section and 

inserting the following: 

‘‘4508. Commercial Fishing Safety Advisory Committee.’’. 

(d) LOADLINES FOR VESSELS 79 FEET OR GREATER IN LENGTH.— 

(1) LIMITATION ON EXEMPTION FOR FISHING VESSELS.—Section 5102(b)(3) of title 46, United States Code, is amended 

by inserting after ‘‘vessel’’ the following ‘‘, unless the vessel 

is built after July 1, 2012’’. 

(2) ALTERNATE PROGRAM FOR CERTAIN FISHING VESSELS.— Section 5103 of title 46, United States Code, is amended by 

adding at the end the following: 
H. R. 3619—62 

‘‘(c) A fishing vessel built on or before July 1, 2012, that 

undergoes a substantial change to the dimension of or type of 

the vessel completed after the later of July 1, 2012, or the date 

the Secretary establishes standards for an alternate loadline compliance program, shall comply with such an alternative loadline 

compliance program that is developed in cooperation with the 

commercial fishing industry and prescribed by the Secretary.’’. 

(e) CLASSING OF VESSELS.— (1) IN GENERAL.—Section 4503 of title 46, United States 

Code, is amended— 

(A) by striking the section heading and inserting the 

following: 

‘‘§ 4503. Fishing, fish tender, and fish processing vessel certification’’; 

(B) in subsection (a) by striking ‘‘fish processing’’; and 

(C) by adding at the end the following: 

‘‘(c) This section applies to a vessel to which section 4502(b) 

of this title applies that is at least 50 feet overall in length and 

is built after July 1, 2012. 

‘‘(d)(1) After January 1, 2020, a fishing vessel, fish processing 

vessel, or fish tender vessel to which section 4502(b) of this title 

applies shall comply with an alternate safety compliance program 

that is developed in cooperation with the commercial fishing 

industry and prescribed by the Secretary, if the vessel— 

‘‘(A) is at least 50 feet overall in length; 

‘‘(B) is built before July 1, 2012; and 

‘‘(C) is 25 years of age or older. 

‘‘(2) A fishing vessel, fish processing vessel, or fish tender 

vessel built before July 1, 2012, that undergoes a substantial change 

to the dimension of or type of vessel completed after the later 

of July 1, 2012, or the date the Secretary establishes standards 

for an alternate safety compliance program, shall comply with such 

an alternative safety compliance program that is developed in 

cooperation with the commercial fishing industry and prescribed 

by the Secretary. 

‘‘(3) Alternative safety compliance programs may be developed 

for purposes of paragraph (1) for specific regions and fisheries. 

‘‘(4) Notwithstanding paragraph (1), vessels owned by a person 

that owns more than 30 vessels subject to that paragraph are 

not required to meet the alternate safety compliance requirements 

of that paragraph until January 1, 2030, if that owner enters 

into a compliance agreement with the Secretary that provides for 

a fixed schedule for all of the vessels owned by that person to 

meet requirements of that paragraph by that date and the vessel 

owner is meeting that schedule. 

‘‘(5) A fishing vessel, fish processing vessel, or fish tender 

vessel to which section 4502(b) of this title applies that was classed 

before July 1, 2012, shall— 

‘‘(A) remain subject to the requirements of a classification 

society approved by the Secretary; and 

‘‘(B) have on board a certificate from that society.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 45 of title 46, United States Code, is 

amended by striking the item relating to such section and 

inserting the following: 

‘‘4503. Fishing, fish tender, and fish processing vessel certification.’’. 
H. R. 3619—63 

(f) ALTERNATIVE SAFETY COMPLIANCE PROGRAM.—No later than 

January 1, 2017, the Secretary of the department in which the 

Coast Guard is operating shall prescribe an alternative safety 

compliance program referred to in section 4503(d)(1) of the title 

46, United States Code, as amended by this section. 

SEC. 605. MARINER RECORDS. 

Section 7502 of title 46, United States Code, is amended— 

(1) by inserting ‘‘(a)’’ before ‘‘The’’; 

(2) by striking ‘‘computerized records’’ and inserting 

‘‘records, including electronic records,’’; and 

(3) by adding at the end the following: 

‘‘(b) The Secretary may prescribe regulations requiring a vessel 

owner or managing operator of a commercial vessel, or the employer 

of a seaman on that vessel, to maintain records of each individual 

engaged on the vessel subject to inspection under chapter 33 on 

matters of engagement, discharge, and service for not less than 

5 years after the date of the completion of the service of that 

individual on the vessel. The regulations may require that a vessel 

owner, managing operator, or employer shall make these records 

available to the individual and the Coast Guard on request. 

‘‘(c) A person violating this section, or a regulation prescribed 

under this section, is liable to the United States Government for 

a civil penalty of not more than $5,000.’’. 

SEC. 606. DELETION OF EXEMPTION OF LICENSE REQUIREMENT FOR 

OPERATORS OF CERTAIN TOWING VESSELS. 

Section 8905 of title 46, United States Code, is amended— 

(1) by striking subsection (b); and 

(2) by redesignating subsection (c) as subsection (b). 

SEC. 607. LOG BOOKS. 

(a) IN GENERAL.—Chapter 113 of title 46, United States Code, 

is amended by adding at the end the following: 

‘‘§ 11304. Additional logbook and entry requirements 

‘‘(a) A vessel of the United States that is subject to inspection 

under section 3301 of this title, except a vessel on a voyage from 

a port in the United States to a port in Canada, shall have an 

official logbook, which shall be kept available for review by the 

Secretary on request. 

‘‘(b) The log book required by subsection (a) shall include the 

following entries: 

‘‘(1) The time when each seaman and each officer assumed 

or relieved the watch. 

‘‘(2) The number of hours in service to the vessels of each 

seaman and each officer. 

‘‘(3) An account of each accident, illness, and injury that 

occurs during each watch.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following: 

‘‘11304. Additional logbook and entry requirements.’’. 

SEC. 608. SAFE OPERATIONS AND EQUIPMENT STANDARDS. 

(a) IN GENERAL.—Chapter 21 of title 46, United States Code, 

is further amended by adding at the end the following new sections: 
H. R. 3619—64 

‘‘§ 2117. Termination for unsafe operation 

‘‘An individual authorized to enforce this title— 

‘‘(1) may remove a certificate required by this title from 

a vessel that is operating in a condition that does not comply 

with the provisions of the certificate; 

‘‘(2) may order the individual in charge of a vessel that 

is operating that does not have on board the certificate required 

by this title to return the vessel to a mooring and to remain 

there until the vessel is in compliance with this title; and 

‘‘(3) may direct the individual in charge of a vessel to 

which this title applies to immediately take reasonable steps 

necessary for the safety of individuals on board the vessel 

if the official observes the vessel being operated in an unsafe 

condition that the official believes creates an especially hazardous condition, including ordering the individual in charge 

to return the vessel to a mooring and to remain there until 

the situation creating the hazard is corrected or ended. 

‘‘§ 2118. Establishment of equipment standards 

‘‘(a) In establishing standards for approved equipment required 

on vessels subject to part B of this title, the Secretary shall establish 

standards that are— 

‘‘(1) based on performance using the best available technology that is economically achievable; and 

‘‘(2) operationally practical. 

‘‘(b) Using the standards established under subsection (a), the 

Secretary may also certify lifesaving equipment that is not required 

to be carried on vessels subject to part B of this title to ensure 

that such equipment is suitable for its intended purpose. 

‘‘(c) At least once every 10 years the Secretary shall review 

and revise the standards established under subsection (a) to ensure 

that the standards meet the requirements of this section.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is further amended by adding at the end 

the following: 

‘‘2117. Termination for unsafe operation. 

‘‘2118. Establishment of equipment standards.’’. 

SEC. 609. APPROVAL OF SURVIVAL CRAFT. 

(a) IN GENERAL.—Chapter 31 of title 46, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 3104. Survival craft 

‘‘(a) Except as provided in subsection (b), the Secretary may 

not approve a survival craft as a safety device for purposes of 

this part, unless the craft ensures that no part of an individual 

is immersed in water. 

‘‘(b) The Secretary may authorize a survival craft that does 

not provide protection described in subsection (a) to remain in 

service until not later than January 1, 2015, if— 

‘‘(1) it was approved by the Secretary before January 1, 

2010; and 

‘‘(2) it is in serviceable condition.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following: 

‘‘3104. Survival craft.’’. 
H. R. 3619—65 

SEC. 610. SAFETY MANAGEMENT. 

(a) VESSELS TO WHICH REQUIREMENTS APPLY.—Section 3202 

of title 46, United States Code, is amended— 

(1) in subsection (a) by striking the heading and inserting 

‘‘FOREIGN VOYAGES AND FOREIGN VESSELS.—’’; 

(2) by redesignating subsections (b) and (c) as subsections 

(c) and (d), respectively; 

(3) by inserting after subsection (a) the following: 

‘‘(b) OTHER PASSENGER VESSELS.—This chapter applies to a 

vessel that is— 

‘‘(1) a passenger vessel or small passenger vessel; and 

‘‘(2) is transporting more passengers than a number prescribed by the Secretary based on the number of individuals 

on the vessel that could be killed or injured in a marine casualty.’’; 

(4) in subsection (d), as so redesignated, by striking ‘‘subsection (b)’’ and inserting ‘‘subsection (c)’’; and 

(5) in subsection (d)(4), as so redesignated, by inserting 

‘‘that is not described in subsection (b) of this section’’ after 

‘‘waters’’. 

(b) SAFETY MANAGEMENT SYSTEM.—Section 3203 of title 46, 

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

new subsection: 

‘‘(c) In prescribing regulations for passenger vessels and small 

passenger vessels, the Secretary shall consider— 

‘‘(1) the characteristics, methods of operation, and nature 

of the service of these vessels; and 

‘‘(2) with respect to vessels that are ferries, the sizes of 

the ferry systems within which the vessels operate.’’. 

SEC. 611. PROTECTION AGAINST DISCRIMINATION. 

(a) IN GENERAL.—Section 2114 of title 46, United States Code, 

is amended— 

(1) in subsection (a)(1)(A), by striking ‘‘or’’ after the semicolon; 

(2) in subsection (a)(1)(B), by striking the period at the 

end and inserting a semicolon; 

(3) by adding at the end of subsection (a)(1) the following 

new subparagraphs: 

‘‘(C) the seaman testified in a proceeding brought to enforce 

a maritime safety law or regulation prescribed under that law; 

‘‘(D) the seaman notified, or attempted to notify, the vessel 

owner or the Secretary of a work-related personal injury or 

work-related illness of a seaman; 

‘‘(E) the seaman cooperated with a safety investigation 

by the Secretary or the National Transportation Safety Board; 

‘‘(F) the seaman furnished information to the Secretary, 

the National Transportation Safety Board, or any other public 

official as to the facts relating to any marine casualty resulting 

in injury or death to an individual or damage to property 

occurring in connection with vessel transportation; or 

‘‘(G) the seaman accurately reported hours of duty under 

this part.’’; and 

(4) by amending subsection (b) to read as follows: 

‘‘(b) A seaman alleging discharge or discrimination in violation 

of subsection (a) of this section, or another person at the seaman’s 

request, may file a complaint with respect to such allegation in 
H. R. 3619—66 

the same manner as a complaint may be filed under subsection 

(b) of section 31105 of title 49. Such complaint shall be subject 

to the procedures, requirements, and rights described in that section, including with respect to the right to file an objection, the 

right of a person to file for a petition for review under subsection 

(c) of that section, and the requirement to bring a civil action 

under subsection (d) of that section.’’. 

(b) EXISTING ACTIONS.—This section shall not affect the application of section 2114(b) of title 46, United States Code, as in effect 

before the date of enactment of this Act, to an action filed under 

that section before that date. 

SEC. 612. OIL FUEL TANK PROTECTION. 

Section 3306 of title 46, United States Code, is amended by 

adding at the end the following new subsection: 

‘‘(k)(1) Each vessel of the United States that is constructed 

under a contract entered into after the date of enactment of the 

Maritime Safety Act of 2010, or that is delivered after January 

1, 2011, with an aggregate capacity of 600 cubic meters or more 

of oil fuel, shall comply with the requirements of Regulation 12A 

under Annex I to the Protocol of 1978 relating to the International 

Convention for the Prevention of Pollution from Ships, 1973, entitled 

‘Oil Fuel Tank Protection’. 

‘‘(2) The Secretary may prescribe regulations to apply the 

requirements described in Regulation 12A to vessels described in 

paragraph (1) that are not otherwise subject to that convention. 

Any such regulation shall be considered to be an interpretive rule 

for the purposes of section 553 of title 5. 

‘‘(3) In this subsection the term ‘oil fuel’ means any oil used 

as fuel in connection with the propulsion and auxiliary machinery 

of the vessel in which such oil is carried.’’. 

SEC. 613. OATHS. 

Section 7105 of title 46, United States Code, is amended by 

striking ‘‘before a designated official’’. 

SEC. 614. DURATION OF LICENSES, CERTIFICATES OF REGISTRY, AND 

MERCHANT MARINERS’ DOCUMENTS. 

(a) MERCHANT MARINER’S DOCUMENTS.—Section 7302(f) of title 

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

‘‘(f) PERIODS OF VALIDITY AND RENEWAL OF MERCHANT MARINERS’ DOCUMENTS.— 

‘‘(1) IN GENERAL.—Except as provided in subsection (g), 

a merchant mariner’s document issued under this chapter is 

valid for a 5-year period and may be renewed for additional 

5-year periods. 

‘‘(2) ADVANCE RENEWALS.—A renewed merchant mariner’s 

document may be issued under this chapter up to 8 months 

in advance but is not effective until the date that the previously 

issued merchant mariner’s document expires or until the 

completion of any active suspension or revocation of that previously issued merchant mariner’s document, whichever is 

later.’’. 

(b) DURATION OF LICENSES.—Section 7106 of such title is 

amended to read as follows: 
H. R. 3619—67 

‘‘§ 7106. Duration of licenses 

‘‘(a) IN GENERAL.—A license issued under this part is valid 

for a 5-year period and may be renewed for additional 5-year 

periods; except that the validity of a license issued to a radio 

officer is conditioned on the continuous possession by the holder 

of a first-class or second-class radiotelegraph operator license issued 

by the Federal Communications Commission. 

‘‘(b) ADVANCE RENEWALS.—A renewed license issued under this 

part may be issued up to 8 months in advance but is not effective 

until the date that the previously issued license expires or until 

the completion of any active suspension or revocation of that previously issued merchant mariner’s document, whichever is later.’’. 

(c) CERTIFICATES OF REGISTRY.—Section 7107 of such title is 

amended to read as follows: 

‘‘§ 7107. Duration of certificates of registry 

‘‘(a) IN GENERAL.—A certificate of registry issued under this 

part is valid for a 5-year period and may be renewed for additional 

5-year periods; except that the validity of a certificate issued to 

a medical doctor or professional nurse is conditioned on the continuous possession by the holder of a license as a medical doctor 

or registered nurse, respectively, issued by a State. 

‘‘(b) ADVANCE RENEWALS.—A renewed certificate of registry 

issued under this part may be issued up to 8 months in advance 

but is not effective until the date that the previously issued certificate of registry expires or until the completion of any active suspension or revocation of that previously issued merchant mariner’s 

document, whichever is later.’’. 

SEC. 615. AUTHORIZATION TO EXTEND THE DURATION OF LICENSES, 

CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS’ 

DOCUMENTS. 

(a) MERCHANT MARINER LICENSES AND DOCUMENTS.—Chapter 

75 of title 46, United States Code, is amended by adding at the 

end the following: 

‘‘§ 7507. Authority to extend the duration of licenses, certificates of registry, and merchant mariner documents 

‘‘(a) LICENSES AND CERTIFICATES OF REGISTRY.—Notwithstanding sections 7106 and 7107, the Secretary of the department 

in which the Coast Guard is operating may— 

‘‘(1) extend for not more than one year an expiring license 

or certificate of registry issued for an individual under chapter 

73 if the Secretary determines that the extension is required 

to enable the Coast Guard to eliminate a backlog in processing 

applications for those licenses or certificates of registry or in 

response to a national emergency or natural disaster, as deemed 

necessary by the Secretary; or 

‘‘(2) issue for not more than five years an expiring license 

or certificate of registry issued for an individual under chapter 

73 for the exclusive purpose of aligning the expiration date 

of such license or certificate of registry with the expiration 

date of a merchant mariner’s document. 

‘‘(b) MERCHANT MARINER DOCUMENTS.—Notwithstanding section 7302(g), the Secretary may— 

‘‘(1) extend for not more than one year an expiring merchant mariner’s document issued for an individual under 
H. R. 3619—68 

chapter 73 if the Secretary determines that the extension is 

required to enable the Coast Guard to eliminate a backlog 

in processing applications for those licenses or certificates of 

registry or in response to a national emergency or natural 

disaster, as deemed necessary by the Secretary; or 

‘‘(2) issue for not more than five years an expiring merchant 

mariner’s document issued for an individual under chapter 

73 for the exclusive purpose of aligning the expiration date 

of such merchant mariner’s document with the expiration date 

of a merchant mariner’s document. 

‘‘(c) MANNER OF EXTENSION.—Any extensions granted under 

this section may be granted to individual seamen or a specifically 

identified group of seamen.’’. 

(b) CLERICAL AMENDMENT.—The analysis for such chapter is 

amended by adding at the end the following: 

‘‘7507. Authority to extend the duration of licenses, certificates of registry, and merchant mariner documents.’’. 

SEC. 616. MERCHANT MARINER ASSISTANCE REPORT. 

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

Act, the Commandant of the Coast Guard shall submit to the 

Committee on Transportation and Infrastructure of the House of 

Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate a report regarding the feasibility 

of— 

(1) expanding the streamlined evaluation process program 

that was affiliated with the Houston Regional Examination 

Center of the Coast Guard to all processing centers of the 

Coast Guard nationwide; 

(2) including proposals to simplify the application process 

for a license as an officer, staff officer, or operator and for 

a merchant mariner’s document to help eliminate errors by 

merchant mariners when completing the application form (CG– 

719B), including instructions attached to the application form 

and a modified application form for renewals with questions 

pertaining only to the period of time since the previous application; 

(3) providing notice to an applicant of the status of the 

pending application, including a process to allow the applicant 

to check on the status of the application by electronic means; 

and 

(4) ensuring that all information collected with respect 

to applications for new or renewed licenses, merchant mariner 

documents, and certificates of registry is retained in a secure 

electronic format. 

SEC. 617. OFFSHORE SUPPLY VESSELS. 

(a) REMOVAL OF TONNAGE LIMITS.— (1) DEFINITION.— (A) IN GENERAL.—Section 2101(19) of title 46, United 

States Code, is amended by striking ‘‘of more than 15 

gross tons but less than 500 gross tons as measured under 

section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by 

the Secretary under section 14104 of this title’’. 

(B) EXEMPTION.—Section 5209(b)(1) of the Oceans Act 

of 1992 (Public Law 102–587; 46 U.S.C. 2101 note) is 
H. R. 3619—69 

amended by striking ‘‘vessel.’’ and inserting ‘‘vessel of less 

than 500 gross tons as measured under section 14502, 

or an alternate tonnage measured under section 14302 

of such title as prescribed by the Secretary under section 

14104 of such title.’’. 

(2) APPLICATION.—Section 3702(b) of title 46, United States 

Code, is amended by striking paragraph (1) and redesignating 

paragraphs (2) and (3) as paragraphs (1) and (2), respectively. 

(b) SCALE OF EMPLOYMENT: ABLE SEAMEN.—Section 7312(d) 

of title 46, United States Code, is amended to read as follows: 

‘‘(d) Individuals qualified as able seamen—offshore. supply 

vessel under section 7310 of this title may constitute all of the 

able seamen required on board a vessel of less than 500 gross 

tons as measured under section 14502 of this title or 6,000 gross 

tons as measured under section 14302 of this title engaged in 

support of exploration, exploitation, or production of offshore mineral or energy resources. Individuals qualified as able seamen— 

limited under section 7308 of this title may constitute all of the 

able seamen required on board a vessel of at least 500 gross tons 

as measured under section 14502 of this title or 6,000 gross tons 

as measured under section as measured under section 14302 of 

this title as prescribed by the Secretary under section 14104 of 

this title engaged in support of exploration, exploitation, or production of offshore mineral or energy resources.’’. 

(c) MINIMUM NUMBER OF LICENSED INDIVIDUALS.—Section 

8301(b) of title 46, United States Code, is amended to read as 

follows: 

‘‘(b)(1) An offshore supply vessel of less than 500 gross tons 

as measured under section 14502 of this title or 6,000 gross tons 

as measured under section 14302 of this title on a voyage of less 

than 600 miles shall have a licensed mate. If the vessel is on 

a voyage of at least 600 miles, however, the vessel shall have 

2 licensed mates. 

‘‘(2) An offshore supply vessel of at least 6,000 gross tons 

as measured under section 14302 of this title on a voyage of less 

than 600 miles shall have at least two licensed mates, provided 

the offshore supply vessel meets the requirements of section 

8104(g)(2). An offshore supply vessel of at least 6,000 gross tons 

as measured under section 14302 of this title on a voyage of at 

least 600 miles shall have three licensed mates. 

‘‘(3) An offshore supply vessel of more than 200 gross tons 

as measured under section 14502 of this title, or an alternate 

tonnage measured under section 14302 of this title as prescribed 

by the Secretary under section 14104 of this title, may not be 

operated without a licensed engineer.’’. 

(d) WATCHES.—Section 8104(g) of title 46, United States Code, 

is amended— 

(1) by inserting ‘‘(1)’’ after ‘‘(g)’’; and 

(2) by adding at the end the following: 

‘‘(2) Paragraph (1) applies to an offshore supply vessel of at 

least 6,000 gross tons as measured under section 14302 of this 

title if the individuals engaged on the vessel are in compliance 

with hours of service requirements (including recording and recordkeeping of that service) as prescribed by the Secretary.’’. 

(e) OIL FUEL TANK PROTECTION.— (1) APPLICATION.—An offshore supply vessel of at least 

6,000 gross tons as measured under section 14302 of title 
H. R. 3619—70 

46, United States Code, that is constructed under a contract 

entered into after the date of enactment of this Act, or that 

is delivered after August 1, 2010, with an aggregate capacity 

of 600 cubic meters or more of oil fuel, shall comply with 

the requirements of Regulation 12A under Annex I to the 

Protocol of 1978 relating to the International Convention for 

the Prevention of Pollution from Ships, 1973, entitled Oil Fuel 

Tank Protection, regardless of whether such vessel is engaged 

in the coastwise trade or on an international voyage. 

(2) DEFINITION.—In this subsection the term ‘‘oil fuel’’ 

means any oil used as fuel in connection with the propulsion 

and auxiliary machinery of the vessel in which such oil is 

carried. 

(f) REGULATIONS.— 

(1) IN GENERAL.—Not later than January 1, 2012, the Secretary of the department in which the Coast Guard is operating 

shall promulgate regulations to implement the amendments 

and authorities enacted by this section for offshore supply 

vessels of at least 6,000 gross tons as measured under section 

14302 of title 46, United States Code, and to ensure the safe 

carriage of oil, hazardous substances, and individuals in addition to the crew on such vessels. The final rule issued pursuant 

to such rulemaking may supersede the interim final rule 

promulgated under paragraph (2) of this subsection. In promulgating regulations under this subsection, the Secretary shall 

take into consideration the characteristics of offshore supply 

vessels, their methods of operation, and their service in support 

of exploration, exploitation, or production of offshore mineral 

or energy resources. 

(2) INTERIM FINAL RULE AUTHORITY.—As soon as is practicable and without regard to the provisions of chapters 5 

and 6 of title 5, United States Code, the Secretary shall issue 

an interim final rule as a temporary regulation implementing 

this section (including the amendments made by this section) 

for offshore supply vessels of at least 6,000 gross tons as measured under section 14302 of title 46, United States Code, and 

to ensure the safe carriage of oil, hazardous substances, and 

individuals in addition to the crew on such vessels. 

(3) INTERIM PERIOD.—After the effective date of this Act, 

prior to the effective date of the regulations prescribed by 

paragraph (2) of this subsection, and without regard to the 

provisions of chapters 5 and 6 of title 5, United States Code, 

and the offshore supply vessel tonnage limits of applicable 

regulations and policy guidance promulgated prior to the date 

of enactment of this Act, the Secretary of the department 

in which the Coast Guard is operating may— 

(A) issue a certificate of inspection under section 3309 

of title 46, United States Code, to an offshore supply vessel 

of at least 6,000 gross tons as measured under section 

14302 of that title if the Secretary determines that such 

vessel’s arrangements and equipment meet the current 

Coast Guard requirements for certification as a cargo and 

miscellaneous vessel; 

(B) authorize a master, mate, or engineer who possesses an ocean or near coastal license and endorsement 

under part 11 of subchapter B of title 46, Code of Federal 

Regulations, (or any successor regulation) that qualifies 
H. R. 3619—71 

the licensed officer for service on offshore supply vessels 

of at least 3,000 gross tons but less than 6,000 gross 

tons, as measured under section 14302 of title 46, United 

States Code, to operate offshore supply vessels of at least 

6,000 gross tons, as measured under such section; and 

(C) authorize any such master, mate, or engineer who 

also possesses an ocean or near coastal license and endorsement under such part that qualifies the licensed officer 

for service on non trade-restricted vessels of at least 1,600 

gross tons but less than 3,000 gross tons, as measured 

under such section, to increase the tonnage limitation of 

such license and endorsement under section 402(c) of such 

part, using service on vessels certificated under both subchapters I and L of such title and measured only under 

such section, except that such tonnage limitation shall 

not exceed 10,000 gross tons as measured under such section. 

SEC. 618. ASSOCIATED EQUIPMENT. 

Section 2101(1)(B) of title 46, United States Code, is amended 

by inserting ‘‘with the exception of emergency locator beacons for 

recreational vessels operating beyond 3 nautical miles from the 

baselines from which the territorial sea of the United States is 

measured or beyond 3 nautical miles from the coastline of the 

Great Lake,’’ before ‘‘does’’. 

SEC. 619. LIFESAVING DEVICES ON UNINSPECTED VESSELS. 

Section 4102(b) of title 46, United States Code, is amended 

to read as follows: 

‘‘(b) The Secretary shall prescribe regulations requiring the 

installation, maintenance, and use of life preservers and other 

lifesaving devices for individuals on board uninspected vessels.’’. 

SEC. 620. STUDY OF BLENDED FUELS IN MARINE APPLICATION. 

(a) SURVEY.— (1) IN GENERAL.—Not later than 180 days after the date 

of enactment of this Act, the Secretary of Homeland Security, 

acting through the Commandant of the Coast Guard, shall 

submit a survey of published data and reports, pertaining to 

the use, safety, and performance of blended fuels in marine 

applications, to the Committee on Transportation and Infrastructure of the House of Representatives and the Committees 

on Commerce, Science, and Transportation of the Senate. 

(2) INCLUDED INFORMATION.—To the extent possible, the 

survey required in subsection (a), shall include data and reports 

on— 

(A) the impact of blended fuel on the operation, durability, and performance of recreational and commercial 

marine engines, vessels, and marine engine and vessel 

components and associated equipment; 

(B) the safety impacts of blended fuels on consumers 

that own and operate recreational and commercial marine 

engines and marine engine components and associated 

equipment; and 

(C) to the extent available, fires and explosions on 

board vessels propelled by engines using blended fuels. 

(b) STUDY.— 
H. R. 3619—72 

(1) IN GENERAL.—Not later than 36 months after the date 

of enactment of this Act, the Secretary, acting through the 

Commandant, shall conduct a comprehensive study on the use, 

safety, and performance of blended fuels in marine applications. 

The Secretary is authorized to conduct such study in conjunction with— 

(A) any other Federal agency; 

(B) any State government or agency; 

(C) any local government or agency, including local 

police and fire departments; and 

(D) any private entity, including engine and vessel 

manufacturers. 

(2) EVALUATION.—The study shall include an evaluation 

of— 

(A) the impact of blended fuel on the operation, durability and performance of recreational and commercial 

marine engines, vessels, and marine engine and vessel 

components and associated equipment; 

(B) the safety impacts of blended fuels on consumers 

that own and operate recreational and commercial marine 

engines and marine engine components and associated 

equipment; and 

(C) fires and explosions on board vessels propelled 

by engines using blended fuels. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to the Secretary of Homeland Security to carry 

out the survey and study under this section $1,000,000. 

SEC. 621. RENEWAL OF ADVISORY COMMITTEES. 

(a) GREAT LAKES PILOTAGE ADVISORY COMMITTEE.—Section 

9307(f)(1) of title 46, United States Code, is amended by striking 

‘‘September 30, 2010.’’ and inserting ‘‘September 30, 2020.’’. 

(b) NATIONAL BOATING SAFETY ADVISORY COUNCIL.—Section 

13110 of title 46, United States Code, is amended— 

(1) in subsection (d), by striking the first sentence; and 

(2) in subsection (e), by striking ‘‘September 30, 2010.’’ 

and inserting ‘‘September 30, 2020.’’. 

(c) HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY COMMITTEE.—Section 18(h) of the Coast Guard Authorization Act of 

1991 (Public Law 102–241 as amended by Public Law 104–324) 

is amended by striking ‘‘September 30, 2010.’’ and inserting ‘‘September 30, 2020.’’. 

(d) LOWER MISSISSIPPI RIVER WATERWAY SAFETY ADVISORY

COMMITTEE.—Section 19 of the Coast Guard Authorization Act of 

1991 (Public Law 102–241) is amended— 

(1) in subsection (b)— 

(A) in the matter preceding paragraph (1), by striking 

‘‘twenty-four’’ and inserting ‘‘twenty-five’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(12) One member representing the Associated Federal 

Pilots and Docking Masters of Louisiana.’’; and 

(2) in subsection (g), by striking ‘‘September 30, 2010.’’ 

and inserting ‘‘September 30, 2020.’’. 

(e) TOWING SAFETY ADVISORY COMMITTEE.—The Act entitled 

‘‘An Act To establish a Towing Safety Advisory Committee in the 

Department of Transportation’’, approved October 6, 1980, (33 

U.S.C. 1231a) is amended— 
H. R. 3619—73 

(1) by striking subsection (a) and inserting the following: 

‘‘(a) There is established a Towing Safety Advisory Committee 

(hereinafter referred to as the ‘Committee’). The Committee shall 

consist of eighteen members with particular expertise, knowledge, 

and experience regarding shallow-draft inland and coastal waterway 

navigation and towing safety as follows: 

‘‘(1) Seven members representing the barge and towing 

industry, reflecting a regional geographic balance. 

‘‘(2) One member representing the offshore mineral and 

oil supply vessel industry. 

‘‘(3) One member representing holders of active licensed 

Masters or Pilots of towing vessels with experience on the 

Western Rivers and the Gulf Intracoastal Waterway. 

‘‘(4) One member representing the holders of active licensed 

Masters of towing vessels in offshore service. 

‘‘(5) One member representing Masters who are active shipdocking or harbor towing vessel. 

‘‘(6) One member representing licensed or unlicensed 

towing vessel engineers with formal training and experience. 

‘‘(7) Two members representing each of the following 

groups: 

‘‘(A) Port districts, authorities, or terminal operators. 

‘‘(B) Shippers (of whom at least one shall be engaged 

in the shipment of oil or hazardous materials by barge). 

‘‘(8) Two members representing the general public.’’; and 

(2) in subsection (e), by striking ‘‘September 30, 2010.’’ 

and inserting ‘‘September 30, 2020.’’. 

(f) NAVIGATION SAFETY ADVISORY COUNCIL.—Section 5 of the 

Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) is 

amended— 

(1) by striking subsections (a) and (b) and inserting the 

following: 

‘‘(a) ESTABLISHMENT OF COUNCIL.— 

‘‘(1) IN GENERAL.—The Secretary of the department in 

which the Coast Guard is operating shall establish a Navigation 

Safety Advisory Council (hereinafter referred to as the 

‘Council’), consisting of not more than 21 members. All members 

shall have expertise in Inland and International vessel navigation Rules of the Road, aids to maritime navigation, maritime 

law, vessel safety, port safety, or commercial diving safety. 

Upon appointment, all non-Federal members shall be designated as representative members to represent the viewpoints 

and interests of one of the following groups or organizations: 

‘‘(A) Commercial vessel owners or operators. 

‘‘(B) Professional mariners. 

‘‘(C) Recreational boaters. 

‘‘(D) The recreational boating industry. 

‘‘(E) State agencies responsible for vessel or port safety. 

‘‘(F) The Maritime Law Association. 

‘‘(2) PANELS.—Additional persons may be appointed to 

panels of the Council to assist the Council in performance 

of its functions. 

‘‘(3) NOMINATIONS.—The Secretary, through the Coast 

Guard Commandant, shall not less often than once a year 

publish a notice in the Federal Register soliciting nominations 

for membership on the Council. 
H. R. 3619—74 

‘‘(b) FUNCTIONS.—The Council shall advise, consult with, and 

make recommendations to the Secretary, through the Coast Guard 

Commandant, on matters relating to maritime collisions, rammings, 

groundings, Inland Rules of the Road, International Rules of the 

Road, navigation regulations and equipment, routing measures, 

marine information, diving safety, and aids to navigation systems. 

Any advice and recommendations made by the Council to the Secretary shall reflect the independent judgment of the Council on 

the matter concerned. The Council shall meet at the call of the 

Coast Guard Commandant, but in any event not less than twice 

during each calendar year. All proceedings of the Council shall 

be public, and a record of the proceedings shall be made available 

for public inspection.’’; and 

(2) in subsection (d), by striking ‘‘September 30, 2010.’’ 

and inserting ‘‘September 30, 2020.’’. 

(g) DELAWARE RIVER AND BAY OIL SPILL ADVISORY COMMITTEE.— 

(1) IN GENERAL.—Section 607 of the Coast Guard and Maritime Transportation Act of 2006 (Public Law 109–241; 120 

Stat. 556) is amended— 

(A) in subsection (c)(2), by striking ‘‘Not later than 

18 months after the date that the Commandant completes 

appointment of the members of the Committee,’’ and 

inserting ‘‘Not later than December 31, 2010,’’; 

(B) in subsection (h), by striking ‘‘2007’’ and inserting 

‘‘2011’’; and 

(C) by striking subsection (i) and inserting the following: 

‘‘(i) TERMINATION.—The Committee shall terminate 30 days 

after it transmits its report, pursuant to subsection (c)(2), but 

no later than December 31, 2010, whichever is earlier.’’. 

(2) EFFECTIVE DATE.—The amendments made by this subsection are deemed to have taken effect as if they were enacted 

on July 11, 2006. 

(3) CHARTER.—Any charter pertaining to the Delaware 

River and Bay Oil Spill Advisory Committee is deemed not 

to have lapsed, and to have remained in effect, and, notwithstanding any other provision of law or policy, shall terminate 

30 days after the date the Committee transmits its report, 

pursuant to section 607(c)(2) of the Coast Guard and Maritime 

Transportation Act of 2006 (Public Law 109–241; 120 Stat. 

557), but not later than December 31, 2010, whichever is earlier. 

(4) APPOINTMENTS TO COMMITTEE.—Any appointment to 

the Delaware River and Bay Oil Spill Advisory Committee 

is deemed not to have lapsed, and to have remained in effect, 

and, notwithstanding any other provision of law or policy, shall 

terminate 30 days after the Committee transmits its report, 

pursuant to section 607(c)(2) of the Coast Guard and Maritime 

Transportation Act of 2006 (Public Law 109–241; 120 Stat. 

557), but not later than December 31, 2010, whichever is earlier. 

SEC. 622. DELEGATION OF AUTHORITY. 

(a) IN GENERAL.—Section 3316 of title 46, United States Code, 

is amended by adding at the end the following new subsection: 
H. R. 3619—75 

‘‘(d)(1) The Secretary may delegate to the American Bureau 

of Shipping or another classification society recognized by the Secretary as meeting acceptable standards for such a society, for a 

United States offshore facility, the authority to— 

‘‘(A) review and approve plans required for issuing a certificate of inspection, a certificate of compliance, or any other 

certification and related documents issued by the Coast Guard 

pursuant to regulations issued under section 30 of the Outer 

Continental Shelf Lands Act (43 U.S.C. 1356); and 

‘‘(B) conduct inspections and examinations. 

‘‘(2) The Secretary may make a delegation under paragraph 

(1) to a foreign classification society only if— 

‘‘(A) the foreign society has offices and maintains records 

in the United States; and 

‘‘(B)(i) the government of the foreign country in which 

the foreign society is headquartered delegates that authority 

to the American Bureau of Shipping; or 

‘‘(ii) the Secretary has entered into an agreement with 

the government of the foreign country in which the foreign 

society is headquartered that— 

‘‘(I) ensures the government of the foreign country 

will accept plan review, inspections, or examinations conducted by the American Bureau of Shipping and provide 

equivalent access to inspect, certify, and provide related 

services to offshore facilities located in that country or 

operating under the authority of that country; and 

‘‘(II) is in full accord with principles of reciprocity in 

regards to any delegation contemplated by the Secretary 

under paragraph (1). 

‘‘(3) If an inspection or examination is conducted under 

authority delegated under this subsection, the person to which 

the authority was delegated— 

‘‘(A) shall maintain in the United States complete files 

of all information derived from or necessarily connected with 

the inspection or examination for at least 2 years after the 

United States offshore facility ceases to be certified; and 

‘‘(B) shall permit access to those files at all reasonable 

times to any officer, employee, or member of the Coast Guard 

designated— 

‘‘(i) as a marine inspector and serving in a position 

as a marine inspector; or 

‘‘(ii) in writing by the Secretary to have access to 

those files. 

‘‘(4) For purposes of this subsection— 

‘‘(A) the term ‘offshore facility’ means any installation, 

structure, or other device (including any vessel not documented 

under chapter 121 of this title or the laws of another country), 

fixed or floating, that dynamically holds position or is temporarily or permanently attached to the seabed or subsoil under 

the sea; and 

‘‘(B) the term ‘United States offshore facility’ means any 

offshore facility, fixed or floating, that dynamically holds position or is temporarily or permanently attached to the seabed 

or subsoil under the territorial sea of the United States or 

the outer Continental Shelf (as that term is defined in section 

2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331)), 

including any vessel, rig, platform, or other vehicle or structure 
H. R. 3619—76 

subject to regulation under section 30 of the Outer Continental 

Shelf Lands Act (43 U.S.C. 1356).’’. 

(b) REVIEW AND APPROVAL OF CLASSIFICATION SOCIETY

REQUIRED.—Section 3316(c) of title 46, United States Code, is 

amended by striking so much as precedes paragraph (2) and 

inserting the following: 

‘‘(c)(1) A classification society (including an employee or agent 

of that society) may not review, examine, survey, or certify the 

construction, repair, or alteration of a vessel in the United States 

unless the society has applied for approval under this subsection 

and the Secretary has reviewed and approved that society with 

respect to the conduct of that society under paragraph (2).’’. 

TITLE VII—OIL POLLUTION 

PREVENTION 

SEC. 701. RULEMAKINGS. 

(a) STATUS REPORT.— 

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

of enactment of this Act, the Secretary of the department 

in which the Coast Guard is operating shall provide a report 

to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on 

Transportation and Infrastructure on the status of all Coast 

Guard rulemakings required or otherwise being developed (but 

for which no final rule has been issued as of the date of 

enactment of this Act) under section 311 of the Federal Water 

Pollution Control Act (33 U.S.C. 1321). 

(2) INFORMATION REQUIRED.—The Secretary shall include 

in the report required in paragraph (1)— 

(A) a detailed explanation with respect to each such 

rulemaking as to— 

(i) what steps have been completed; 

(ii) what areas remain to be addressed; and 

(iii) the cause of any delays; and 

(B) the date by which a final rule may reasonably 

be expected to be issued. 

(b) FINAL RULES.—The Secretary shall issue a final rule in 

each pending rulemaking described in subsection (a) as soon as 

practicable, but in no event later than 18 months after the date 

of enactment of this Act. 

(c) TOWING VESSELS.—No later than 90 days after the date 

of enactment of this Act, the Secretary shall issue a notice of 

proposed rulemaking regarding inspection requirements for towing 

vessels required under section 3306(j) of title 46, United States 

Code. The Secretary shall issue a final rule pursuant to that rulemaking no later than 1 year after the date of enactment of this 

Act. 

SEC. 702. OIL TRANSFERS FROM VESSELS. 

(a) REGULATIONS.—Within 1 year after the date of enactment 

of this Act, the Secretary shall promulgate regulations to reduce 

the risks of oil spills in operations involving the transfer of oil 

from or to a tank vessel. The regulations— 
H. R. 3619—77 

(1) shall focus on operations that have the highest risks 

of discharge, including operations at night and in inclement 

weather; 

(2) shall consider— 

(A) requirements for the use of equipment, such as 

putting booms in place for transfers, safety, and environmental impacts; 

(B) operational procedures such as manning standards, 

communications protocols, and restrictions on operations 

in high-risk areas; or 

(C) both such requirements and operational procedures; 

and 

(3) shall take into account the safety of personnel and 

effectiveness of available procedures and equipment for preventing or mitigating transfer spills. 

(b) APPLICATION WITH STATE LAWS.—The regulations promulgated under subsection (a) do not preclude the enforcement of 

any State law or regulation the requirements of which are at 

least as stringent as requirements under the regulations (as determined by the Secretary) that— 

(1) applies in State waters; and 

(2) does not conflict with, or interfere with the enforcement 

of, requirements and operational procedures under the regulations. 

SEC. 703. IMPROVEMENTS TO REDUCE HUMAN ERROR AND NEAR MISS 

INCIDENTS. 

(a) REPORT.—Within 1 year after the date of enactment of 

this Act, the Secretary shall transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House 

Committee on Transportation and Infrastructure that, using available data— 

(1) identifies the types of human errors that, combined, 

could cause oil spills, with particular attention to human error 

caused by fatigue, in the past 10 years; 

(2) in consultation with representatives of industry and 

labor and experts in the fields of marine casualties and human 

factors, identifies the most frequent types of near-miss oil spill 

incidents involving vessels such as collisions, allisions, 

groundings, and loss of propulsion in the past 10 years; 

(3) describes the extent to which there are gaps in the 

data required under paragraphs (1) and (2), including gaps 

in the ability to define and identify fatigue, and explains the 

reason for those gaps; and 

(4) includes recommendations by the Secretary and representatives of industry and labor and experts in the fields 

of marine casualties and human factors to address the identified 

types of errors and any such gaps in the data. 

(b) MEASURES.—Based on the findings contained in the report 

required by subsection (a), the Secretary shall take appropriate 

action to reduce the risk of oil spills caused by human error. 

(c) CONFIDENTIALITY OF VOLUNTARILY SUBMITTED INFORMATION.—The identity of a person making a voluntary disclosure under 

this section, and any information obtained from any such voluntary 

disclosure, shall be treated as confidential. 

(d) DISCOVERY OF VOLUNTARILY SUBMITTED INFORMATION.— 
H. R. 3619—78 

(1) IN GENERAL.—Except as provided in this subsection, 

a party in a judicial proceeding may not use discovery to 

obtain information or data collected or received by the Secretary 

for use in the report required in subsection (a). 

(2) EXCEPTION.— 

(A) Notwithstanding paragraph (1), a court may allow 

discovery by a party in a judicial proceeding of data 

described in paragraph (1) if, after an in camera review 

of the information or data, the court decides that there 

is a compelling reason to allow the discovery. 

(B) When a court allows discovery in a judicial proceeding as permitted under this paragraph, the court shall 

issue a protective order— 

(i) to limit the use of the data to the judicial 

proceeding; and 

(ii) to prohibit dissemination of the data to any 

person who does not need access to the data for the 

proceeding. 

(C) A court may allow data it has decided is discoverable under this paragraph to be admitted into evidence 

in a judicial proceeding only if the court places the data 

under seal to prevent the use of the data for a purpose 

other than for the proceeding. 

(3) APPLICATION.—Paragraph (1) shall not apply to— 

(A) any disclosure made with actual knowledge that 

the disclosure was false, inaccurate, or misleading; or 

(B) any disclosure made with reckless disregard as 

to the truth or falsity of that disclosure. 

(e) RESTRICTION ON USE OF DATA.—Data that is voluntarily 

submitted for the purpose of the study required under subsection 

(a) shall not be used in an administrative action under chapter 

77 of title 46, United States Code. 

SEC. 704. OLYMPIC COAST NATIONAL MARINE SANCTUARY. 

The Secretary of the Department in which the Coast Guard 

is operating and the Under Secretary of Commerce for Oceans 

and Atmosphere shall revise the area to be avoided off the coast 

of the State of Washington so that restrictions apply to all vessels 

required to prepare a response plan pursuant to section 311(j) 

of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)) 

(other than fishing or research vessels while engaged in fishing 

or research within the area to be avoided). 

SEC. 705. PREVENTION OF SMALL OIL SPILLS. 

(a) PREVENTION AND EDUCATION PROGRAM.—The Under Secretary of Commerce for Oceans and Atmosphere, in consultation 

with the Secretary of the Department in which the Coast Guard 

is operating and other appropriate agencies, shall establish an 

oil spill prevention and education program for small vessels. The 

program shall provide for assessment, outreach, and training and 

voluntary compliance activities to prevent and improve the effective 

response to oil spills from vessels and facilities not required to 

prepare a vessel response plan under the Federal Water Pollution 

Control Act (33 U.S.C. 1251 et seq.), including recreational vessels, 

commercial fishing vessels, marinas, and aquaculture facilities. The 

Under Secretary may provide grants to sea grant colleges and 

institutes designated under section 207 of the National Sea Grant 
H. R. 3619—79 

College Program Act (33 U.S.C. 1126) and to State agencies, tribal 

governments, and other appropriate entities to carry out— 

(1) regional assessments to quantify the source, incidence 

and volume of small oil spills, focusing initially on regions 

in the country where, in the past 10 years, the incidence of 

such spills is estimated to be the highest; 

(2) voluntary, incentive-based clean marina programs that 

encourage marina operators, recreational boaters, and small 

commercial vessel operators to engage in environmentally 

sound operating and maintenance procedures and best management practices to prevent or reduce pollution from oil spills 

and other sources; 

(3) cooperative oil spill prevention education programs that 

promote public understanding of the impacts of spilled oil and 

provide useful information and techniques to minimize pollution, including methods to remove oil and reduce oil contamination of bilge water, prevent accidental spills during maintenance 

and refueling and properly cleanup and dispose of oil and 

hazardous substances; and 

(4) support for programs, including outreach and education 

to address derelict vessels and the threat of such vessels sinking 

and discharging oil and other hazardous substances, including 

outreach and education to involve efforts to the owners of 

such vessels. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Under Secretary of Commerce for Oceans 

and Atmosphere to carry out this section, $10,000,000 for each 

of fiscal years 2010 through 2014. 

SEC. 706. IMPROVED COORDINATION WITH TRIBAL GOVERNMENTS. 

(a) IN GENERAL.—Within 6 months after the date of enactment 

of this Act, the Secretary of the Department in which the Coast 

Guard is operating shall complete the development of a tribal 

consultation policy, which recognizes and protects to the maximum 

extent practicable tribal treaty rights and trust assets in order 

to improve the Coast Guard’s consultation and coordination with 

the tribal governments of federally recognized Indian tribes with 

respect to oil spill prevention, preparedness, response and natural 

resource damage assessment. 

(b) INCLUSION OF TRIBAL GOVERNMENT.—The Secretary of the 

Department in which the Coast Guard is operating shall ensure 

that, as soon as practicable after identifying an oil spill that is 

likely to have a significant impact on natural or cultural resources 

owned or directly utilized by a federally recognized Indian tribe, 

the Coast Guard will— 

(1) ensure that representatives of the tribal government 

of the affected tribes are included as part of the incident command system established by the Coast Guard to respond to 

the spill; 

(2) share information about the oil spill with the tribal 

government of the affected tribe; and 

(3) to the extent practicable, involve tribal governments 

in deciding how to respond to the spill. 

(c) COOPERATIVE ARRANGEMENTS.—The Coast Guard may enter 

into memoranda of agreement and associated protocols with Indian 

tribal governments in order to establish cooperative arrangements 

for oil pollution prevention, preparedness, and response. Such 
H. R. 3619—80 

memoranda may be entered into prior to the development of the 

tribal consultation and coordination policy to provide Indian tribes 

grant and contract assistance. Such memoranda of agreement and 

associated protocols with Indian tribal governments may include— 

(1) arrangements for the assistance of the tribal government to participate in the development of the National Contingency Plan and local Area Contingency Plans to the extent 

they affect tribal lands, cultural and natural resources; 

(2) arrangements for the assistance of the tribal government to develop the capacity to implement the National Contingency Plan and local Area Contingency Plans to the extent 

they affect tribal lands, cultural and natural resources; 

(3) provisions on coordination in the event of a spill, 

including agreements that representatives of the tribal government will be included as part of the regional response team 

co-chaired by the Coast Guard and the Environmental Protection Agency to establish policies for responding to oil spills; 

(4) arrangements for the Coast Guard to provide training 

of tribal incident commanders and spill responders for oil spill 

preparedness and response; 

(5) demonstration projects to assist tribal governments in 

building the capacity to protect tribal treaty rights and trust 

assets from oil spills; and 

(6) such additional measures the Coast Guard determines 

to be necessary for oil pollution prevention, preparedness, and 

response. 

(d) FUNDING FOR TRIBAL PARTICIPATION.—Subject to the availability of appropriations, the Commandant of the Coast Guard 

shall provide assistance to participating tribal governments in order 

to facilitate the implementation of cooperative arrangements under 

subsection (c) and ensure the participation of tribal governments 

in such arrangements. There are authorized to be appropriated 

to the Commandant $500,000 for each of fiscal years 2010 through 

2014 to be used to carry out this section. 

SEC. 707. REPORT ON AVAILABILITY OF TECHNOLOGY TO DETECT THE 

LOSS OF OIL. 

Within 1 year after the date of enactment of this Act, the 

Secretary of the Department in which the Coast Guard is operating 

shall submit a report to the Senate Committee on Commerce, 

Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure on the availability, 

feasibility, and potential cost of technology to detect the loss of 

oil carried as cargo or as fuel on tank and non-tank vessels greater 

than 400 gross tons. 

SEC. 708. USE OF OIL SPILL LIABILITY TRUST FUND. 

(a) IN GENERAL.—Section 1012(a)(5) of the Oil Pollution Act 

of 1990 (33 U.S.C. 2712(a)(5)) is amended— 

(1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and 

(2) by inserting after subparagraph (A) the following: 

‘‘(B) not more than $15,000,000 in each fiscal year 

shall be available to the Under Secretary of Commerce 

for Oceans and Atmosphere for expenses incurred by, and 

activities related to, response and damage assessment 

capabilities of the National Oceanic and Atmospheric 

Administration;’’. 
H. R. 3619—81 

(b) AUDITS; ANNUAL REPORTS.—Section 1012 of the Oil Pollution 

Act of 1990 (33 U.S.C. 2712) is amended— 

(1) by striking subsection (g) and inserting the following: 

‘‘(g) AUDITS.— 

‘‘(1) IN GENERAL.—The Comptroller General of the United 

States shall conduct an audit, including a detailed accounting 

of each disbursement from the Fund in excess of $500,000 

that is— 

‘‘(A) disbursed by the National Pollution Fund Center 

and not reimbursed by the responsible party; and 

‘‘(B) administered and managed by the receiving Federal agencies, including final payments made to agencies 

and contractors and, to the extent possible, subcontractors. 

‘‘(2) FREQUENCY.—The audits shall be conducted— 

‘‘(A) at least once every 3 years after the date of enactment of the Coast Guard Authorization Act of 2010 until 

2016; and 

‘‘(B) at least once every 5 years after the last audit 

conducted under subparagraph (A). 

‘‘(3) SUBMISSION OF RESULTS.—The Comptroller shall 

submit the results of each audit conducted under paragraph 

(1) to— 

‘‘(A) the Senate Committee on Commerce, Science, and 

Transportation; 

‘‘(B) the House of Representatives Committee on 

Transportation and Infrastructure; and 

‘‘(C) the Secretary or Administrator of each agency 

referred to in paragraph (1)(B).’’; and 

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

‘‘(l) REPORTS.— 

‘‘(1) IN GENERAL.—Within one year after the date of enactment of the Coast Guard Authorization Act of 2010, and 

annually thereafter, the President, through the Secretary of 

the Department in which the Coast Guard is operating, shall— 

‘‘(A) provide a report on disbursements for the preceding fiscal year from the Fund, regardless of whether 

those disbursements were subject to annual appropriations, 

to— 

‘‘(i) the Senate Committee on Commerce, Science, 

and Transportation; and 

‘‘(ii) the House of Representatives Committee on 

Transportation and Infrastructure; and 

‘‘(B) make the report available to the public on the 

National Pollution Funds Center Internet website. 

‘‘(2) CONTENTS.—The report shall include— 

‘‘(A) a list of each disbursement of $250,000 or more 

from the Fund during the preceding fiscal year; and 

‘‘(B) a description of how each such use of the Fund 

meets the requirements of subsection (a). 

‘‘(3) AGENCY RECORDKEEPING.—Each Federal agency that 

receives amounts from the Fund shall maintain records 

describing the purposes for which such funds were obligated 

or expended in such detail as the Secretary may require for 

purposes of the report required under paragraph (1).’’. 
H. R. 3619—82 

SEC. 709. INTERNATIONAL EFFORTS ON ENFORCEMENT. 

The Secretary of the department in which the Coast Guard 

is operating, in consultation with the heads of other appropriate 

Federal agencies, shall ensure that the Coast Guard pursues 

stronger enforcement in the International Maritime Organization 

of agreements related to oil discharges, including joint enforcement 

operations, training, and stronger compliance mechanisms. 

SEC. 710. HIGHER VOLUME PORT AREA REGULATORY DEFINITION 

CHANGE. 

(a) IN GENERAL.—Within 1 year after the date of enactment 

of this Act, the Commandant shall initiate a rulemaking proceeding 

to modify the definition of the term ‘‘higher volume port area’’ 

in section 155.1020 of the Coast Guard regulations (33 C.F.R. 

155.1020) by striking ‘‘Port Angeles, WA’’ in paragraph (13) of 

that section and inserting ‘‘Cape Flattery, WA’’. 

(b) VESSEL RESPONSE PLAN REVIEWS.—Within 5 years after 

the date of enactment of this Act, the Coast Guard shall complete 

its review of any changes to vessel response plans under the Federal 

Water Pollution Control Act (33 U.S.C. 1251 et seq.) resulting 

from the modification of the higher volume port area definition 

required by subsection (a). 

SEC. 711. TUG ESCORTS FOR LADEN OIL TANKERS. 

(a) COMPARABILITY ANALYSIS.— (1) IN GENERAL.—Within 1 year after the date of enactment 

of this Act, the Commandant, in consultation with the Secretary 

of State, is strongly encouraged to enter into negotiations with 

the Government of Canada to update the comparability analysis 

which serves as the basis for the Cooperative Vessel Traffic 

Service agreement between the United States and Canada for 

the management of maritime traffic in Puget Sound, the Strait 

of Georgia, Haro Strait, Rosario Strait, and the Strait of Juan 

de Fuca. The updated analysis shall, at a minimum, consider— 

(A) requirements for laden tank vessels to be escorted 

by tug boats; 

(B) vessel emergency response towing capability at the 

entrance to the Strait of Juan de Fuca; and 

(C) spill response capability throughout the shared 

water, including oil spill response planning requirements 

for vessels bound for one nation transiting through the 

waters of the other nation. 

(2) CONSULTATION REQUIREMENT.—In conducting the analysis required under this subsection, the Commandant shall 

consult with the State of Washington and affected tribal governments. 

(3) RECOMMENDATIONS.—Within 18 months after the date 

of enactment of this Act, the Commandant shall submit recommendations based on the analysis required under this subsection to the Senate Committee on Commerce, Science, and 

Transportation and the House of Representatives Committee 

on Transportation and Infrastructure. The recommendations 

shall consider a full range of options for the management 

of maritime traffic, including Federal legislation, promulgation 

of Federal rules, and the establishment of cooperative agreements for shared funding of spill prevention and response systems. 
H. R. 3619—83 

(b) DUAL ESCORT VESSELS FOR DOUBLE HULLED TANKERS IN

PRINCE WILLIAM SOUND, ALASKA.— 

(1) IN GENERAL.—Section 4116(c) of the Oil Pollution Act 

of 1990 (46 U.S.C. 3703 note) is amended— 

(A) by striking ‘‘Not later than 6 months after the 

date of the enactment of this Act, the’’ and inserting ‘‘(1) 

IN GENERAL.—The’’; and 

(B) by adding at the end the following: 

‘‘(2) PRINCE WILLIAM SOUND, ALASKA.— 

‘‘(A) IN GENERAL.—The requirement in paragraph (1) 

relating to single hulled tankers in Prince William Sound, 

Alaska, described in that paragraph being escorted by at 

least 2 towing vessels or other vessels considered to be 

appropriate by the Secretary (including regulations promulgated in accordance with section 3703(a)(3) of title 46, 

United States Code, as set forth in part 168 of title 33, 

Code of Federal Regulations (as in effect on March 1, 

2009) implementing this subsection with respect to those 

tankers) shall apply to double hulled tankers over 5,000 

gross tons transporting oil in bulk in Prince William Sound, 

Alaska. 

‘‘(B) IMPLEMENTATION OF REQUIREMENTS.—The Secretary of the department in which the Coast Guard is 

operating shall prescribe interim final regulations to carry 

out subparagraph (A) as soon as practicable without notice 

and hearing pursuant to section 553 of title 5 of the United 

States Code.’’. 

(2) EFFECTIVE DATE.—The amendments made by subsection 

(b) take effect on the date that is 90 days after the date 

of enactment of this Act. 

(c) PRESERVATION OF STATE AUTHORITY.—Nothing in this Act 

or in any other provision of Federal law related to the regulation 

of maritime transportation of oil shall affect, or be construed or 

interpreted as preempting, the authority of any State or political 

subdivision thereof which require the escort by one or more tugs 

of laden oil tankers in the areas which are specified in section 

4116(c) of the Oil Pollution Act of 1990 (46 U.S.C. 3703 note). 

(d) VESSEL TRAFFIC RISK ASSESSMENT.— (1) REQUIREMENT.—The Commandant of the Coast Guard, 

acting through the appropriate Area Committee established 

under section 311(j)(4) of the Federal Water Pollution Control 

Act, shall prepare a vessel traffic risk assessment for Cook 

Inlet, Alaska, within 1 year after the date of enactment of 

this Act. 

(2) CONTENTS.—The assessment shall describe, for the 

region covered by the assessment— 

(A) the amount and character of present and estimated 

future shipping traffic in the region; and 

(B) the current and projected use and effectiveness 

in reducing risk, of— 

(i) traffic separation schemes and routing measures; 

(ii) long-range vessel tracking systems developed 

under section 70115 of title 46, United States Code; 

(iii) towing, response, or escort tugs; 

(iv) vessel traffic services; 

(v) emergency towing packages on vessels; 
H. R. 3619—84 

(vi) increased spill response equipment including 

equipment appropriate for severe weather and sea 

conditions; 

(vii) the Automatic Identification System developed 

under section 70114 of title 46, United States Code; 

(viii) particularly sensitive sea areas, areas to be 

avoided, and other traffic exclusion zones; 

(ix) aids to navigation; and 

(x) vessel response plans. 

(3) RECOMMENDATIONS.— (A) IN GENERAL.—The assessment shall include any 

appropriate recommendations to enhance the safety, or 

lessen potential adverse environmental impacts, of marine 

shipping. 

(B) CONSULTATION.—Before making any recommendations under paragraph (1) for a region, the Area Committee 

shall consult with affected local, State, and Federal government agencies, representatives of the fishing industry, 

Alaska Natives from the region, the conservation community, and the merchant shipping and oil transportation 

industries. 

(4) PROVISION TO CONGRESS.—The Commandant shall provide a copy of the assessment to the Committee on Transportation and Infrastructure of the House of Representatives and 

the Committee on Commerce, Science, and Transportation of 

the Senate. 

SEC. 712. EXTENSION OF FINANCIAL RESPONSIBILITY. 

Section 1016(a) of the Oil Pollution Act of 1990 (33 U.S.C. 

2716(a)) is amended— 

(1) by striking ‘‘or’’ after the semicolon in paragraph (1); 

(2) by inserting ‘‘or’’ after the semicolon in paragraph (2); 

and 

(3) by inserting after paragraph (2) the following: 

‘‘(3) any tank vessel over 100 gross tons using any place 

subject to the jurisdiction of the United States;’’. 

SEC. 713. LIABILITY FOR USE OF SINGLE-HULL VESSELS. 

Section 1001(32)(A) of the Oil Pollution Act of 1990 (33 U.S.C. 

2701(32)(A)) is amended by inserting ‘‘In the case of a vessel, 

the term ‘responsible party’ also includes the owner of oil being 

transported in a tank vessel with a single hull after December 

31, 2010 (other than a vessel described in section 3703a(b)(3) of 

title 46, United States Code).’’ after ‘‘vessel.’’. 

TITLE VIII—PORT SECURITY 

SEC. 801. AMERICA’S WATERWAY WATCH PROGRAM. 

(a) IN GENERAL.—Chapter 701 of title 46, United States Code, 

is amended by adding at the end thereof the following: 

‘‘§ 70122. Waterway watch program 

‘‘(a) PROGRAM ESTABLISHED.—There is hereby established, 

within the Coast Guard, the America’s Waterway Watch Program. 

‘‘(b) PURPOSE.—The Secretary shall administer the Program 

in a manner that promotes voluntary reporting of activities that 

may indicate that a person or persons may be preparing to engage 
H. R. 3619—85 

or engaging in a violation of law relating to a threat or an act 

of terrorism (as that term is defined in section 3077 of title 18) 

against a vessel, facility, port, or waterway. 

‘‘(c) INFORMATION; TRAINING.— ‘‘(1) INFORMATION.—The Secretary may establish, as an 

element of the Program, a network of individuals and community-based organizations that encourage the public and industry 

to recognize activities referred to in subsection (b), promote 

voluntary reporting of such activity, and enhance the situational awareness within the Nation’s ports and waterways. 

Such network shall, to the extent practicable, be conducted 

in cooperation with Federal, State, and local law enforcement 

agencies. 

‘‘(2) TRAINING.—The Secretary may provide training in— 

‘‘(A) observing and reporting on covered activities; and 

‘‘(B) sharing such reports and coordinating the response 

by Federal, State, and local law enforcement agencies. 

‘‘(d) VOLUNTARY PARTICIPATION.—Participation in the Program— 

‘‘(1) shall be wholly voluntary; 

‘‘(2) shall not be a prerequisite to eligibility for, or receipt 

of, any other service or assistance from, or to participation 

in, any other program of any kind; and 

‘‘(3) shall not require disclosure of information regarding 

the individual reporting covered activities or, for proprietary 

purposes, the location of such individual. 

‘‘(e) COORDINATION.—The Secretary shall coordinate the Program with other like watch programs. The Secretary shall submit, 

concurrent with the President’s budget submission for each fiscal 

year, a report on coordination of the Program and like watch programs within the Department of Homeland Security to the Committee on Commerce, Science, and Transportation of the Senate 

and the Committee on Homeland Security of the House of Representatives. 

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated for the purposes of this section $3,000,000 for 

each of fiscal years 2011 through 2016. Such funds shall remain 

available until expended.’’. 

(b) CLERICAL AMENDMENT.—The table of contents for chapter 

701 of title 46, United States Code, is amended by inserting after 

the item relating to section 70121 the following: 

‘‘70122. Waterway watch program.’’. 

SEC. 802. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL. 

(a) IN GENERAL.—Not later than 120 days after completing 

the pilot program under section 70105(k)(1) of title 46, United 

States Code, to test TWIC access control technologies at port facilities and vessels nationwide, the Secretary of Homeland Security 

shall submit to the Committee on Homeland Security and the 

Committee on Transportation and Infrastructure of the House of 

Representatives, the Committee on Commerce, Science, and 

Transportation of the Senate, and to the Comptroller General a 

report containing an assessment of the results of the pilot. The 

report shall include— 

(1) the findings of the pilot program with respect to key 

technical and operational aspects of implementing TWIC technologies in the maritime sector; 
H. R. 3619—86 

(2) a comprehensive listing of the extent to which established metrics were achieved during the pilot program; and 

(3) an analysis of the viability of those technologies for 

use in the maritime environment, including any challenges 

to implementing those technologies and strategies for mitigating identified challenges. 

(b) GAO ASSESSMENT.—The Comptroller General shall review 

the report and submit to the Committee on Homeland Security 

and the Committee on Transportation and Infrastructure of the 

House of Representatives, and the Committee on Commerce, 

Science, and Transportation of the Senate an assessment of the 

report’s findings and recommendations. 

SEC. 803. INTERAGENCY OPERATIONAL CENTERS FOR PORT SECURITY. 

Section 70107A(b) of title 46, United States Code, is amended— 

(1) by striking paragraph (3); 

(2) by redesignating paragraphs (1) and (2) as paragraphs 

(2) and (3), respectively; 

(3) by inserting before paragraph (2), as so redesignated, 

the following: 

‘‘(1)(A) include— 

‘‘(i) information management systems, and 

‘‘(ii) sensor management systems; and 

‘‘(B) where practicable, provide for the physical co-location 

of the Coast Guard and, as the Secretary determines appropriate, representatives of the United States Customs and 

Border Protection, the United States Immigration and Customs 

Enforcement, the Transportation Security Administration, the 

Department of Justice, the Department of Defense, and other 

Federal agencies, State and local law enforcement or port security personnel, members of the Area Maritime Security Committee, and other public and private sector stakeholders 

adversely affected by a transportation security incident or 

transportation disruption;’’; and 

(4) in paragraph (2), as so redesignated— 

(A) by striking ‘‘existing centers, including—’’ and 

inserting ‘‘existing centers;’’; and 

(B) by striking subparagraph (A) and (B); and 

(5) by adding ‘‘and’’ at the end of paragraph (3), as so 

redesignated. 

SEC. 804. DEPLOYABLE, SPECIALIZED FORCES. 

(a) IN GENERAL.—Section 70106 of title 46, United States Code, 

is amended to read as follows: 

‘‘§ 70106. Deployable, specialized forces 

‘‘(a) ESTABLISHMENT.— ‘‘(1) IN GENERAL.—To enhance the domestic maritime security capability of the United States, the Secretary shall establish deployable specialized forces of varying capabilities as are 

needed to safeguard the public and protect vessels, harbors, 

ports, facilities, and cargo in waters subject to the jurisdiction 

of the United States from destruction, loss or injury from crime, 

or sabotage due to terrorist activity, and to respond to such 

activity in accordance with the transportation security plans 

developed under section 70103. 

‘‘(2) ENHANCED TEAMS.—Such specialized forces shall 

include no less than two enhanced teams to serve as deployable 
H. R. 3619—87 

forces capable of combating terrorism, engaging in interdiction, 

law enforcement, and advanced tactical maritime security operations to address known or potentially armed security threats 

(including non-compliant actors at sea), and participating in 

homeland security, homeland defense, and counterterrorism 

exercises in the maritime environment. 

‘‘(b) MISSION.—The combined force of the specialized forces 

established under subsection (a) shall be trained, equipped, and 

capable of being deployed to— 

‘‘(1) deter, protect against, and rapidly respond to threats 

of maritime terrorism; 

‘‘(2) conduct maritime operations to protect against and 

disrupt illegal use, access to, or proliferation of weapons of 

mass destruction; 

‘‘(3) enforce moving or fixed safety or security zones established pursuant to law; 

‘‘(4) conduct high speed intercepts; 

‘‘(5) board, search, and seize any article or thing on or 

at, respectively, a vessel or facility found to present a risk 

to the vessel or facility, or to a port; 

‘‘(6) rapidly deploy to supplement United States armed 

forces domestically or overseas; 

‘‘(7) respond to criminal or terrorist acts so as to minimize, 

insofar as possible, the disruption caused by such acts; 

‘‘(8) assist with facility vulnerability assessments required 

under this chapter; and 

‘‘(9) carry out any other missions of the Coast Guard as 

are assigned to it by the Secretary. 

‘‘(c) MINIMIZATION OF RESPONSE TIMES.—The enhanced teams 

established under subsection (a)(2) shall, to the extent practicable, 

be stationed in such a way so as to minimize the response time 

to maritime terrorist threats and potential or actual transportation 

security incidents. 

‘‘(d) COORDINATION WITH OTHER AGENCIES.—To the maximum 

extent feasible, the combined force of the specialized forces established under subsection (a) shall coordinate their activities with 

other Federal, State, and local law enforcement and emergency 

response agencies.’’. 

(b) CLERICAL AMENDMENT.—The table of contents for chapter 

701 of title 46, United States Code, is amended by striking the 

item relating to section 70106 and inserting the following: 

‘‘70106. Deployable, specialized forces.’’. 

SEC. 805. COAST GUARD DETECTION CANINE TEAM PROGRAM EXPANSION. 

(a) DEFINITIONS.—For purposes of this section: 

(1) CANINE DETECTION TEAM.—The term ‘‘detection canine 

team’’ means a canine and a canine handler that are trained 

to detect narcotics or explosives, or other threats as defined 

by the Secretary. 

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Homeland Security. 

(b) DETECTION CANINE TEAMS.— 

(1) INCREASED CAPACITY.—Not later than 1 year after the 

date of enactment of this Act, and subject to the availability 

of appropriations, the Secretary shall— 
H. R. 3619—88 

(A) begin to increase the number of detection canine 

teams certified by the Coast Guard for the purposes of 

maritime-related security by no fewer than 10 canine teams 

annually through fiscal year 2012; and 

(B) encourage owners and operators of port facilities, 

passenger cruise liners, oceangoing cargo vessels, and other 

vessels identified by the Secretary to strengthen security 

through the use of highly trained detection canine teams. 

(2) CANINE PROCUREMENT.—The Secretary, acting through 

the Commandant of the Coast Guard, shall procure detection 

canine teams as efficiently as possible, including, to the greatest 

extent possible, through increased domestic breeding, while 

meeting the performance needs and criteria established by the 

Commandant. 

(c) DEPLOYMENT.—The Secretary shall prioritize deployment 

of the additional canine teams to ports based on risk, consistent 

with the Security and Accountability For Every Port Act of 2006 

(Public Law 109–347). 

SEC. 806. COAST GUARD PORT ASSISTANCE PROGRAM. 

(a) FOREIGN PORT ASSESSMENT.—Chapter 701 of title 46, United 

States Code, is amended— 

(1) by adding at the end of section 70108 the following: 

‘‘(e) LIMITATION ON STATUTORY CONSTRUCTION.—The absence 

of an inspection of a foreign port shall not bar the Secretary from 

making a finding that a port in a foreign country does not maintain 

effective antiterrorism measures.’’; 

(2) by striking ‘‘If the Secretary, after conducting an assessment under section 70108, finds that a port in a foreign country 

does not maintain effective antiterrorism measures,’’ in section 

70109(a) and inserting ‘‘Unless the Secretary finds that a port 

in a foreign country maintains effective antiterrorism measures,’’; and 

(3) by striking ‘‘If the Secretary finds that a foreign port 

does not maintain effective antiterrorism measures,’’ in section 

70110(a) and inserting ‘‘Unless the Secretary finds that a foreign port maintains effective antiterrorism measures,’’. 

(b) ASSISTANCE PROGRAM.—Section 70110 of title 46, United 

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

‘‘(f) COAST GUARD ASSISTANCE PROGRAM.— 

‘‘(1) IN GENERAL.—The Secretary may lend, lease, donate, 

or otherwise provide equipment, and provide technical training 

and support, to the owner or operator of a foreign port or 

facility— 

‘‘(A) to assist in bringing the port or facility into compliance with applicable International Ship and Port Facility 

Code standards; and 

‘‘(B) to assist the port or facility in correcting deficiencies identified in periodic port assessments and 

reassessments required under section 70108 of this title. 

‘‘(2) CONDITIONS.—The Secretary— 

‘‘(A) may provide such assistance based upon an assessment of the risks to the security of the United States 

and the inability of the owner or operator of the port 

or facility to bring the port or facility into compliance 

with those standards and to maintain compliance with, 

or exceed, such standards; 
H. R. 3619—89 

‘‘(B) may not provide such assistance unless the port 

or facility has been subjected to a comprehensive port security assessment by the Coast Guard; and 

‘‘(C) may only lend, lease, or otherwise provide equipment that the Secretary has first determined is not 

required by the Coast Guard for the performance of its 

missions.’’. 

(c) SAFETY AND SECURITY ASSISTANCE FOR FOREIGN PORTS.— 

(1) IN GENERAL.—Section 70110(e)(1) of title 46, United 

States Code, is amended by striking the second sentence and 

inserting the following: ‘‘The Secretary shall establish a strategic plan to utilize those assistance programs to assist ports 

and facilities that are found by the Secretary under subsection 

(a) not to maintain effective antiterrorism measures in the 

implementation of port security antiterrorism measures.’’. 

(2) CONFORMING AMENDMENTS.— 

(A) Section 70110 of title 46, United States Code, is 

amended— 

(i) by inserting ‘‘OR FACILITIES’’ after ‘‘PORTS’’ in 

the section heading; 

(ii) by inserting ‘‘or facility’’ after ‘‘port’’ each place 

it appears; and 

(iii) by striking ‘‘PORTS’’ in the heading for subsection (e) and inserting ‘‘PORTS, FACILITIES,’’. 

(B) Section 70108(c) of such title is amended— 

(i) by striking paragraph (2); and 

(ii) by redesignating paragraphs (3) and (4) as 

paragraphs (2) and (3), respectively. 

(C) The table of contents for chapter 701 of title 46, 

United States Code, is amended by striking the item 

relating to section 70110 and inserting the following: 

‘‘70110. Actions and assistance for foreign ports or facilities and United States territories.’’. 

SEC. 807. MARITIME BIOMETRIC IDENTIFICATION. 

(a) IN GENERAL.—Chapter 701 of title 46, United States Code, 

is further amended by adding at the end the following: 

‘‘§ 70123. Mobile biometric identification 

‘‘(a) IN GENERAL.—Within one year after the date of the enactment of the Coast Guard Authorization Act of 2010, the Secretary 

shall conduct, in the maritime environment, a program for the 

mobile biometric identification of suspected individuals, including 

terrorists, to enhance border security and for other purposes. 

‘‘(b) REQUIREMENTS.—The Secretary shall ensure the program 

required in this section is coordinated with other biometric identification programs within the Department of Homeland Security. 

‘‘(c) DEFINITION.—For the purposes of this section, the term 

‘biometric identification’ means use of fingerprint and digital photography images and facial and iris scan technology and any other 

technology considered applicable by the Department of Homeland 

Security.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following: 

‘‘70123. Mobile biometric identification.’’. 
H. R. 3619—90 

(c) COST ANALYSIS.—Within 90 days after the date of the enactment of this Act, the Secretary of the department in which the 

Coast Guard is operating shall submit to the Committees on Homeland Security and Transportation and Infrastructure of the House 

of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate an analysis of the cost of expanding 

the Coast Guard’s biometric identification capabilities for use by 

the Coast Guard’s Deployable Operations Group, cutters, stations, 

and other deployable maritime teams considered appropriate by 

the Secretary, and any other appropriate Department of Homeland 

Security maritime vessels and units. The analysis may include 

a tiered plan for the deployment of this program that gives priority 

to vessels and units more likely to encounter individuals suspected 

of making illegal border crossings through the maritime environment. 

(d) STUDY ON EMERGING BIOMETRIC CAPABILITIES.— 

(1) STUDY REQUIRED.—The Secretary of Homeland Security 

shall submit to the Committees on Homeland Security and 

Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a study on the use by the Coast Guard 

and other departmental entities of the combination of biometric 

technologies to rapidly identify individuals for security purposes. Such study shall focus on— 

(A) increased accuracy of facial recognition; 

(B) enhancement of existing iris recognition technology; 

and 

(C) other emerging biometric technologies capable of 

assisting in confirming the identification of individuals. 

(2) PURPOSE OF STUDY.—The purpose of the study required 

by paragraph (1) is to facilitate the use of a combination biometrics, including facial and iris recognition, to provide a higher 

probability of success in identification than a single approach 

and to achieve transformational advances in the flexibility, 

authenticity, and overall capability of integrated biometric 

detectors. The operational goal of the study should be to provide 

the capability to nonintrusively collect biometrics in an accurate 

and expeditious manner to assist the Coast Guard and the 

Department of Homeland Security in fulfilling its mission to 

protect and support national security. 

SEC. 808. PILOT PROGRAM FOR FINGERPRINTING OF MARITIME 

WORKERS. 

(a) IN GENERAL.—Within 180 days after the date of enactment 

of this Act, the Secretary of Homeland Security shall establish 

procedures providing for an individual who is required to be 

fingerprinted for purposes of obtaining a transportation security 

card under section 70105 of title 46, United States Code, the ability 

to be fingerprinted at any of not less than 20 facilities operated 

by or under contract with an agency of the Department of Homeland 

Security that fingerprints the public for the Department. These 

facilities shall be in addition to facilities established under section 

70105 of title 46, United States Code. 

(b) EXPIRATION.—The requirement made by subsection (a) 

expires 1 year after the date the Secretary establishes the facilities 

required under that subsection. 
H. R. 3619—91 

SEC. 809. TRANSPORTATION SECURITY CARDS ON VESSELS. 

Section 70105(b)(2) of title 46, United States Code, is 

amended— 

(1) in subparagraph (B), by inserting after ‘‘title’’ the following: ‘‘allowed unescorted access to a secure area designated 

in a vessel security plan approved under section 70103 of this 

title’’; and 

(2) in subparagraph (D), by inserting after ‘‘tank vessel’’ 

the following: ‘‘allowed unescorted access to a secure area designated in a vessel security plan approved under section 70103 

of this title’’. 

SEC. 810. MARITIME SECURITY ADVISORY COMMITTEES. 

Section 70112 of title 46, United States Code, is amended— 

(1) by amending subsection (b)(5) to read as follows: 

‘‘(5)(A) The National Maritime Security Advisory Committee 

shall be composed of— 

‘‘(i) at least 1 individual who represents the interests of 

the port authorities; 

‘‘(ii) at least 1 individual who represents the interests of 

the facilities owners or operators; 

‘‘(iii) at least 1 individual who represents the interests 

of the terminal owners or operators; 

‘‘(iv) at least 1 individual who represents the interests 

of the vessel owners or operators; 

‘‘(v) at least 1 individual who represents the interests of 

the maritime labor organizations; 

‘‘(vi) at least 1 individual who represents the interests 

of the academic community; 

‘‘(vii) at least 1 individual who represents the interests 

of State or local governments; and 

‘‘(viii) at least 1 individual who represents the interests 

of the maritime industry. 

‘‘(B) Each Area Maritime Security Advisory Committee shall 

be composed of individuals who represents the interests of the 

port industry, terminal operators, port labor organizations, and 

other users of the port areas.’’; and 

(2) in subsection (g)— 

(A) in paragraph (1)(A), by striking ‘‘2008;’’ and 

inserting ‘‘2020;’’; and 

(B) in paragraph (2), by striking ‘‘2006’’ and inserting 

‘‘2018’’. 

SEC. 811. SEAMEN’S SHORESIDE ACCESS. 

Each facility security plan approved under section 70103(c) 

of title 46, United States Code, shall provide a system for seamen 

assigned to a vessel at that facility, pilots, and representatives 

of seamen’s welfare and labor organizations to board and depart 

the vessel through the facility in a timely manner at no cost 

to the individual. 

SEC. 812. WATERSIDE SECURITY OF ESPECIALLY HAZARDOUS CARGO. 

(a) NATIONAL STUDY.— 

(1) IN GENERAL.—The Secretary of the department in which 

the Coast Guard is operating shall— 

(A) initiate a national study to identify measures to 

improve the security of maritime transportation of especially hazardous cargo; and 
H. R. 3619—92 

(B) coordinate with other Federal agencies, the 

National Maritime Security Advisory Committee, and 

appropriate State and local government officials through 

the Area Maritime Security Committees and other existing 

coordinating committees, to evaluate the waterside security 

of vessels carrying, and waterfront facilities handling, especially hazardous cargo. 

(2) MATTERS TO BE INCLUDED.—The study conducted under 

this subsection shall include— 

(A) an analysis of existing risk assessment information 

relating to waterside security generated by the Coast Guard 

and Area Maritime Security Committees as part of the 

Maritime Security Risk Analysis Model; 

(B) a review and analysis of appropriate roles and 

responsibilities of maritime stakeholders, including Federal, State, and local law enforcement and industry security 

personnel, responsible for waterside security of vessels carrying, and waterfront facilities handling, especially hazardous cargo, including— 

(i) the number of ports in which State and local 

law enforcement entities are providing any services 

to enforce Coast Guard-imposed security zones around 

vessels transiting to, through, or from United States 

ports or to conduct security patrols in United States 

ports; 

(ii) the number of formal agreements entered into 

between the Coast Guard and State and local law 

enforcement entities to engage State and local law 

enforcement entities in the enforcement of Coast 

Guard-imposed security zones around vessels 

transiting to, through, or from United States ports 

or the conduct of port security patrols in United States 

ports, the duration of those agreements, and the aid 

that State and local entities are engaged to provide 

through such agreements; 

(iii) the extent to which the Coast Guard has set 

national standards for training, equipment, and 

resources to ensure that State and local law enforcement entities engaged in enforcing Coast Guardimposed security zones around vessels transiting to, 

through, or from United States ports or in conducting 

port security patrols in United States ports (or both) 

can deter to the maximum extent practicable a 

transportation security incident; 

(iv) the extent to which the Coast Guard has 

assessed the ability of State and local law enforcement 

entities to carry out the security assignments that 

they have been engaged to perform, including their 

ability to meet any national standards for training, 

equipment, and resources that have been established 

by the Coast Guard in order to ensure that those 

entities can deter to the maximum extent practicable 

a transportation security incident; 

(v) the extent to which State and local law enforcement entities are able to meet national standards for 

training, equipment, and resources established by the 

Coast Guard to ensure that those entities can deter 
H. R. 3619—93 

to the maximum extent practicable a transportation 

security incident; 

(vi) the differences in law enforcement authority, 

and particularly boarding authority, between the Coast 

Guard and State and local law enforcement entities, 

and the impact that these differences have on the 

ability of State and local law enforcement entities to 

provide the same level of security that the Coast Guard 

provides during the enforcement of Coast Guardimposed security zones and the conduct of security 

patrols in United States ports; and 

(vii) the extent of resource, training, and equipment differences between State and local law enforcement entities and the Coast Guard units engaged in 

enforcing Coast Guard-imposed security zones around 

vessels transiting to, through, or from United States 

ports or conducting security patrols in United States 

ports; 

(C) recommendations for risk-based security measures 

to improve waterside security of vessels carrying, and 

waterfront facilities handling, especially hazardous cargo; 

and 

(D) identification of security funding alternatives, 

including an analysis of the potential for cost-sharing by 

the public and private sectors as well as any challenges 

associated with such cost-sharing. 

(3) INFORMATION PROTECTION.—In carrying out the 

coordination necessary to effectively complete the study, the 

Commandant shall implement measures to ensure the protection of any sensitive security information, proprietary information, or classified information collected, reviewed, or shared 

during collaborative engagement with maritime stakeholders 

and other Government entities, except that nothing in this 

paragraph shall constitute authority to withhold information 

from— 

(A) the Congress; or 

(B) first responders requiring such information for the 

protection of life or property. 

(4) REPORT.—Not later than 12 months after the date of 

enactment of this Act, the Secretary of the Department in 

which the Coast Guard is operating shall submit to the Committees on Homeland Security and Transportation and Infrastructure of the House of Representatives and the Committee on 

Commerce, Science, and Transportation of the Senate a report 

on the results of the study under this subsection. 

(b) NATIONAL STRATEGY.—Not later than 6 months after 

submission of the report required by subsection (a), the Secretary 

of the department in which the Coast Guard is operating shall 

develop, in conjunction with appropriate Federal agencies, a 

national strategy for the waterside security of vessels carrying, 

and waterfront facilities handling, especially hazardous cargo. The 

strategy shall utilize the results of the study required by subsection 

(a). 

(c) SECURITY OF ESPECIALLY HAZARDOUS CARGO.—Section 

70103 of title 46, United States Code, is amended by adding at 

the end the following: 

‘‘(e) ESPECIALLY HAZARDOUS CARGO.— 
H. R. 3619—94 

‘‘(1) ENFORCEMENT OF SECURITY ZONES.—Consistent with 

other provisions of Federal law, the Coast Guard shall coordinate and be responsible for the enforcement of any Federal 

security zone established by the Coast Guard around a vessel 

containing especially hazardous cargo. The Coast Guard shall 

allocate available resources so as to deter and respond to a 

transportation security incident, to the maximum extent practicable, and to protect lives or protect property in danger. 

‘‘(2) RESOURCE DEFICIENCY REPORTING.— 

‘‘(A) IN GENERAL.—When the Secretary submits the 

annual budget request for a fiscal year for the department 

in which the Coast Guard is operating to the Office of 

Management and Budget, the Secretary shall provide to 

the Committees on Homeland Security and Transportation 

and Infrastructure of the House of Representatives and 

the Committee on Commerce, Science, and Transportation 

of the Senate a report that includes— 

‘‘(i) for the last full fiscal year preceding the report, 

a statement of the number of security zones established 

for especially hazardous cargo shipments; 

‘‘(ii) for the last full fiscal year preceding the 

report, a statement of the number of especially hazardous cargo shipments provided a waterborne security 

escort, subdivided by Federal, State, local, or private 

security; and 

‘‘(iii) an assessment as to any additional vessels, 

personnel, infrastructure, and other resources necessary to provide waterborne escorts to those especially 

hazardous cargo shipments for which a security zone 

is established. 

‘‘(B) ESPECIALLY HAZARDOUS CARGO DEFINED.—In this 

subsection, the term ‘especially hazardous cargo’ means 

anhydrous ammonia, ammonium nitrate, chlorine, liquefied 

natural gas, liquiefied petroleum gas, and any other substance, material, or group or class of material, in a particular amount and form that the Secretary determines 

by regulation poses a significant risk of creating a transportation security incident while being transported in maritime commerce.’’. 

(d) DEFINITIONS.—For the purposes of this section, the follow 

definitions apply: 

(1) ESPECIALLY HAZARDOUS CARGO.—The term ‘‘especially 

hazardous cargo’’ means anhydrous ammonia, ammonium 

nitrate, chlorine, liquefied natural gas, liquiefied petroleum 

gas, and any other substance, material, or group or class of 

material, in a particular amount and form that the Secretary 

determines by regulation poses a significant risk of creating 

a transportation security incident while being transported in 

maritime commerce. 

(2) AREA MARITIME SECURITY COMMITTEE.—The term ‘‘Area 

Maritime Security Committee’’ means each of those committees 

responsible for producing Area Maritime Transportation Security Plans under chapter 701 of title 46, United States Code. 

(3) TRANSPORTATION SECURITY INCIDENT.—The term 

‘‘transportation security incident’’ has the same meaning as 

that term has in section 70101 of title 46, United States Code. 
H. R. 3619—95 

SEC. 813. REVIEW OF LIQUEFIED NATURAL GAS FACILITIES. 

Consistent with other provisions of law, the Secretary of the 

department in which the Coast Guard is operating shall make 

a recommendation, after considering recommendations made by 

the States, to the Federal Energy Regulatory Commission as to 

whether the waterway to a proposed waterside liquefied natural 

gas facility is suitable or unsuitable for the marine traffic associated 

with such facility. 

SEC. 814. USE OF SECONDARY AUTHENTICATION FOR TRANSPORTATION SECURITY CARDS. 

Section 70105 of title 46, United States Code, is amended 

by adding at the end the following new subsection: 

‘‘(n) The Secretary may use a secondary authentication system 

to verify the identification of individuals using transportation security cards when the individual’s fingerprints are not able to be 

taken or read.’’. 

SEC. 815. ASSESSMENT OF TRANSPORTATION SECURITY CARD 

ENROLLMENT SITES. 

(a) IN GENERAL.—Not later than 180 days after the date of 

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

which the Coast Guard is operating shall prepare an assessment 

of the enrollment sites for transportation security cards issued 

under section 70105 of title 46, United States Code, including— 

(1) the feasibility of keeping those enrollment sites open 

after the date of enactment of this Act; and 

(2) the quality of customer service, including the periods 

of time individuals are kept on hold on the telephone, whether 

appointments are kept, and processing times for applications. 

(b) TIMELINES AND BENCHMARKS.—The Secretary shall develop 

timelines and benchmarks for implementing the findings of the 

assessment as the Secretary deems necessary. 

SEC. 816. ASSESSMENT OF THE FEASIBILITY OF EFFORTS TO MITIGATE 

THE THREAT OF SMALL BOAT ATTACK IN MAJOR PORTS. 

The Secretary of the department in which the Coast Guard 

is operating shall assess and report to Congress on the feasibility 

of efforts to mitigate the threat of small boat attack in security 

zones of major ports, including specifically the use of transponders, 

radio frequency identification devices, and high-frequency surface 

radar systems to track small boats. 

SEC. 817. REPORT AND RECOMMENDATION FOR UNIFORM SECURITY 

BACKGROUND CHECKS. 

Not later than 1 year after the date of enactment of this 

Act, the Comptroller General shall submit to the Committee on 

Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate 

a report that contains— 

(1) a review of background checks and forms of identification required under State and local transportation security 

programs; 

(2) a determination as to whether the background checks 

and forms of identification required under such programs duplicate or conflict with Federal programs; and 
H. R. 3619—96 

(3) recommendations on limiting the number of background 

checks and forms of identification required under such programs to reduce or eliminate duplication with Federal programs. 

SEC. 818. TRANSPORTATION SECURITY CARDS: ACCESS PENDING 

ISSUANCE; DEADLINES FOR PROCESSING; RECEIPT. 

(a) ACCESS; DEADLINES.—Section 70105 of title 46, United 

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

new subsections: 

‘‘(o) ESCORTING.—The Secretary shall coordinate with owners 

and operators subject to this section to allow any individual who 

has a pending application for a transportation security card under 

this section or is waiting for reissuance of such card, including 

any individual whose card has been lost or stolen, and who needs 

to perform work in a secure or restricted area to have access 

to such area for that purpose through escorting of such individual 

in accordance with subsection (a)(1)(B) by another individual who 

holds a transportation security card. Nothing in this subsection 

shall be construed as requiring or compelling an owner or operator 

to provide escorted access. 

‘‘(p) PROCESSING TIME.—The Secretary shall review an initial 

transportation security card application and respond to the 

applicant, as appropriate, including the mailing of an Initial Determination of Threat Assessment letter, within 30 days after receipt 

of the initial application. The Secretary shall, to the greatest extent 

practicable, review appeal and waiver requests submitted by a 

transportation security card applicant, and send a written decision 

or request for additional information required for the appeal or 

waiver determination, within 30 days after receipt of the applicant’s 

appeal or waiver written request. For an applicant that is required 

to submit additional information for an appeal or waiver determination, the Secretary shall send a written decision, to the greatest 

extent practicable, within 30 days after receipt of all requested 

information.’’. 

(b) RECEIPT OF CARDS.— (1) REPORT BY COMPTROLLER GENERAL.—Within 180 days 

after the date of enactment of this Act, the Comptroller General 

of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate 

a report assessing the costs, technical feasibility, and security 

measures associated with implementing procedures to deliver 

a transportation security card to an approved applicant’s place 

of residence in a secure manner or to allow an approved 

applicant to receive the card at an enrollment center of the 

individual’s choosing. 

(2) PROCESS FOR ALTERNATIVE MEANS OF RECEIPT.—If the 

Comptroller General finds in the final report under paragraph 

(1) that it is feasible for a transportation security card to 

be sent to an approved applicant’s place of residence in a 

secure manner, the Secretary shall, within 1 year after the 

date of issuance of the final report by the Comptroller General, 

implement a secure process to permit an individual approved 

for a transportation security card to receive the card at the 

applicant’s place of residence or at the enrollment center of 

the individual’s choosing. The individual shall be responsible 
H. R. 3619—97 

for any additional cost associated with the secure delivery of 

a transportation security card. 

SEC. 819. HARMONIZING SECURITY CARD EXPIRATIONS. 

Section 70105(b) of title 46, United States Code, is amended 

by adding at the end the following new paragraph: 

‘‘(6) The Secretary may extend for up to one year the expiration 

of a biometric transportation security card required by this section 

to align the expiration with the expiration of a license, certificate 

of registry, or merchant mariner document required under chapter 

71 or 73.’’. 

SEC. 820. CLARIFICATION OF RULEMAKING AUTHORITY. 

(a) IN GENERAL.—Chapter 701 of title 46, United States Code, 

is further amended by adding at the end the following: 

‘‘SEC. 70124. REGULATIONS. 

‘‘Unless otherwise provided, the Secretary may issue regulations necessary to implement this chapter.’’. 

(b) CLERICAL AMENDMENT.—The table of contents for chapter 

701 of such title is further amended by adding at the end the 

following new item: 

‘‘70124. Regulations.’’. 

SEC. 821. PORT SECURITY TRAINING AND CERTIFICATION. 

(a) PORT SECURITY TRAINING PROGRAM.—Chapter 701 of title 

46, United States Code, is further amended by adding at the end 

the following: 

‘‘§ 70125. Port security training for facility security officers 

‘‘(a) FACILITY SECURITY OFFICERS.—The Secretary shall establish comprehensive facility security officer training requirements 

designed to provide full security training that would lead to certification of such officers. In establishing the requirements, the Secretary shall— 

‘‘(1) work with affected industry stakeholders; and 

‘‘(2) evaluate— 

‘‘(A) the requirements of subsection (b); 

‘‘(B) existing security training programs employed at 

marine terminal facilities; and 

‘‘(C) existing port security training programs developed 

by the Federal Government. 

‘‘(b) REQUIREMENTS.—The training program shall provide validated training that— 

‘‘(1) provides training at the awareness, performance, 

management, and planning levels; 

‘‘(2) utilizes multiple training mediums and methods; 

‘‘(3) establishes a validated provisional on-line certification 

methodology; 

‘‘(4) provide for continuing education and training for 

facility security officers beyond certification requirements, 

including a program to educate on the dangers and issues 

associated with the shipment of hazardous and especially hazardous cargo; 

‘‘(5) addresses port security topics, including— 

‘‘(A) facility security plans and procedures, including 

how to develop security plans and security procedure 

requirements when threat levels are elevated; 
H. R. 3619—98 

‘‘(B) facility security force operations and management; 

‘‘(C) physical security and access control at facilities; 

‘‘(D) methods of security for preventing and countering 

cargo theft; 

‘‘(E) container security; 

‘‘(F) recognition and detection of weapons, dangerous 

substances, and devices; 

‘‘(G) operation and maintenance of security equipment 

and systems; 

‘‘(H) security threats and patterns; 

‘‘(I) security incident procedures, including procedures 

for communicating with governmental and nongovernmental emergency response providers; and 

‘‘(J) evacuation procedures; 

‘‘(6) is consistent with, and supports implementation of, 

the National Incident Management System, the National 

Response Plan, the National Infrastructure Protection Plan, 

the National Preparedness Guidance, the National Preparedness Goal, the National Maritime Transportation Security Plan, 

and other such national initiatives; 

‘‘(7) is evaluated against clear and consistent performance 

measures; 

‘‘(8) addresses security requirements under facility security 

plans; 

‘‘(9) addresses requirements under the International Code 

for the Security of Ships and Port Facilities to address shore 

leave for mariners and access to visitors, representatives of 

seafarers’ welfare organizations, and labor organizations; and 

‘‘(10) such other subject matters as may be prescribed by 

the Secretary. 

‘‘(c) CONTINUING SECURITY TRAINING.—The Secretary, in 

coordination with the Secretary of Transportation, shall work with 

State and local law enforcement agencies and industry stakeholders 

to develop and certify the following additional security training 

requirements for Federal, State, and local officials with security 

responsibilities at United States seaports: 

‘‘(1) A program to familiarize them with port and shipping 

operations, requirements of the Maritime Transportation Security Act of 2002 (Public Law 107–295), and other port and 

cargo security programs that educates and trains them with 

respect to their roles and responsibilities. 

‘‘(2) A program to familiarize them with dangers and potential issues with respect to shipments of hazardous and especially hazardous cargoes. 

‘‘(3) A program of continuing education as deemed necessary by the Secretary. 

‘‘(d) TRAINING PARTNERS.—In developing curriculum and delivering training established pursuant to subsections (a) and (c), the 

Secretary, in coordination with the Maritime Administrator of the 

Department of Transportation and consistent with section 109 of 

the Maritime Transportation Security Act of 2002 [46 U.S.C. 70101 

note], shall work with institutions with maritime expertise and 

with industry stakeholders with security expertise to develop appropriate training capacity to ensure that training can be provided 

in a geographically balanced manner to personnel seeking certification under subsection (a) or education and training under subsection (c). 
H. R. 3619—99 

‘‘(e) ESTABLISHED GRANT PROGRAM.—The Secretary shall issue 

regulations or grant solicitations for grants for homeland security 

or port security to ensure that activities surrounding the development of curriculum and the provision of training and these activities 

are eligible grant activities under both grant programs.’’. 

(b) CONFORMING AMENDMENT.—Section 113 of the SAFE Port 

Act (6 U.S.C. 911) is repealed. 

(c) TABLE OF CONTENTS AMENDMENT.—The table of contents 

for chapter 701 of title 46, United States Code, is further amended 

by adding at the end the following: 

‘‘70125. Port security training for facility security officers.’’. 

SEC. 822. INTEGRATION OF SECURITY PLANS AND SYSTEMS WITH 

LOCAL PORT AUTHORITIES, STATE HARBOR DIVISIONS, 

AND LAW ENFORCEMENT AGENCIES. 

Section 70102 of title 46, United States Code, is amended 

by adding at the end thereof the following: 

‘‘(c) SHARING OF ASSESSMENT INTEGRATION OF PLANS AND

EQUIPMENT.—The owner or operator of a facility, consistent with 

any Federal security restrictions, shall— 

‘‘(1) make a current copy of the vulnerability assessment 

conducted under subsection (b) available to the port authority 

with jurisdiction of the facility and appropriate State or local 

law enforcement agencies; and 

‘‘(2) integrate, to the maximum extent practical, any security system for the facility with compatible systems operated 

or maintained by the appropriate State, law enforcement agencies, and the Coast Guard.’’. 

SEC. 823. TRANSPORTATION SECURITY CARDS. 

Section 70105 of title 46, United States Code, is further 

amended by adding at the end thereof the following: 

‘‘(q) RECEIPT AND ACTIVATION OF TRANSPORTATION SECURITY

CARD.— 

‘‘(1) IN GENERAL.—Not later than one year after the date 

of publication of final regulations required by subsection (k)(3) 

of this section the Secretary shall develop a plan to permit 

the receipt and activation of transportation security cards at 

any vessel or facility described in subsection (a) of this section 

that desires to implement this capability. This plan shall 

comply, to the extent possible, with all appropriate requirements of Federal standards for personal identity verification 

and credential. 

‘‘(2) LIMITATION.—The Secretary may not require any such 

vessel or facility to provide on-site activation capability.’’. 

SEC. 824. PRE-POSITIONING INTEROPERABLE COMMUNICATIONS 

EQUIPMENT AT INTERAGENCY OPERATIONAL CENTERS. 

Section 70107A of title 46, United States Code, is amended— 

(1) by redesignating subsections (e) and (f) as subsections 

(f) and (g), respectively; and 

(2) by inserting after subsection (d) the following: 
H. R. 3619—100 

‘‘(e) DEPLOYMENT OF INTEROPERABLE COMMUNICATIONS EQUIPMENT AT INTERAGENCY OPERATIONAL CENTERS.—The Secretary, subject to the availability of appropriations, shall ensure that interoperable communications technology is deployed at all interagency operational centers established under subsection (a) and that such technology and equipment has been tested in live operational environments before deployment.’’. 

SEC. 825. INTERNATIONAL PORT AND FACILITY INSPECTION 

COORDINATION. 

(a) COORDINATION.—The Secretary of the department in which 

the Coast Guard is operating shall, to the extent practicable, conduct the assessments required by the following provisions of law 

concurrently, or develop a process by which they are integrated 

and conducted by the Coast Guard: 

(1) Section 205 of the SAFE Port Act (6 U.S.C. 945). 

(2) Section 213 of that Act (6 U.S.C. 964). 

(3) Section 70108 of title 46, United States Code. 

(b) LIMITATION.—Nothing in subsection (a) shall be construed 

to affect or diminish the Secretary’s authority or discretion— 

(1) to conduct an assessment of a foreign port at any 

time; 

(2) to compel the Secretary to conduct an assessment of 

a foreign port so as to ensure that 2 or more assessments 

are conducted concurrently; or 

(3) to cancel an assessment of a foreign port if the Secretary 

is unable to conduct 2 or more assessments concurrently. 

(c) MULTIPLE ASSESSMENT REPORT.—The Secretary shall provide written notice to the Committee on Commerce, Science, and 

Transportation of the Senate and the Committees on Transportation 

and Infrastructure and Homeland Security of the House of Representatives whenever the Secretary conducts 2 or more assessments of the same port within a 3-year period. 

SEC. 826. AREA TRANSPORTATION SECURITY INCIDENT MITIGATION 

PLAN. 

Section 70103(b)(2) of title 46, United States Code, is 

amended— 

(1) by redesignating subparagraphs (E) through (G) as subparagraphs (F) through (H), respectively; and 

(2) by inserting after subparagraph (D) the following: 

‘‘(E) establish area response and recovery protocols to prepare for, respond to, mitigate against, and recover from a 

transportation security incident consistent with section 202 

of the SAFE Port Act of 2006 (6 U.S.C. 942) and subsection 

(a) of this section;’’. 

SEC. 827. RISK BASED RESOURCE ALLOCATION. 

(a) NATIONAL STANDARD.—Within 1 year after the date of enactment of this Act, in carrying out chapter 701 of title 46, United 

States Code, the Secretary of the department in which the Coast 

Guard is operating shall develop and utilize a national standard 

and formula for prioritizing and addressing assessed security risks 

at United State ports and facilities on or adjacent to the waterways 

of the United States, such as the Maritime Security Risk Assessment Model that has been tested by the Department of Homeland 

Security. 
H. R. 3619—101 

(b) USE BY MARITIME SECURITY COMMITTEES.—Within 2 years 

after the date of enactment of this Act, the Secretary shall require 

each Area Maritime Security Committee to use this standard to 

regularly evaluate each port’s assessed risk and prioritize how 

to mitigate the most significant risks. 

(c) OTHER USES OF STANDARD.—The Secretary shall utilize 

the standard when considering departmental resource allocations 

and grant making decisions. 

(d) USE OF MARITIME RISK ASSESSMENT MODEL.—Within 180 

days after the date of enactment of this Act, the Secretary of 

the department in which the Coast Guard is operating shall make 

the United States Coast Guard’s Maritime Security Risk Assessment Model available, in an unclassified version, on a limited 

basis to regulated vessels and facilities to conduct true risk assessments of their own facilities and vessels using the same criteria 

employed by the Coast Guard when evaluating a port area, facility, 

or vessel. 

SEC. 828. PORT SECURITY ZONES. 

(a) IN GENERAL.—Section 701 of title 46, United States Code, 

is amended by adding at the end the following: 

‘‘SUBCHAPTER II—PORT SECURITY ZONES 

‘‘§ 70131. Definitions 

‘‘In this subchapter: 

‘‘(1) LAW ENFORCEMENT AGENCY.—The term ‘law enforcement agency’ means an agency of a State, a political subdivision 

of a State, or a Federally recognized tribe that is authorized 

by law to supervise the prevention, detection, investigation, 

or prosecution of any violation of criminal law. 

‘‘(2) SECURITY ZONE.—The term ‘security zone’ means a 

security zone, established by the Commandant of the Coast 

Guard or the Commandant’s designee pursuant to section 1 

of title II of the Act of June 15, 1917 (50 U.S.C. 191) or 

section 7(b) of the Ports and Waterways Safety Act (33 U.S.C. 

1226(b)), for a vessel carrying especially hazardous cargo when 

such vessel— 

‘‘(A) enters, or operates within, the internal waters 

of the United States and the territorial sea of the United 

States; or 

‘‘(B) transfers such cargo or residue in any port or 

place, under the jurisdiction of the United States, within 

the territorial sea of the United States or the internal 

waters of the United States. 

‘‘§ 70132. Credentialing standards, training, and certification 

for State and local support for the enforcement 

of security zones for the transportation of especially hazardous cargo 

‘‘(a) STANDARD.—The Commandant of the Coast Guard shall 

establish, by regulation, national standards for training and 

credentialing of law enforcement personnel— 

‘‘(1) to enforce a security zone; or 

‘‘(2) to assist in the enforcement of a security zone. 

‘‘(b) TRAINING.— 

‘‘(1) The Commandant of the Coast Guard— 
H. R. 3619—102 

‘‘(A) shall develop and publish a training curriculum 

for— 

‘‘(i) law enforcement personnel to enforce a security 

zone; 

‘‘(ii) law enforcement personnel to enforce or assist 

in the enforcement of a security zone; and 

‘‘(iii) personnel who are employed or retained by 

a facility or vessel owner to assist in the enforcement 

of a security zone; and 

‘‘(B) may— 

‘‘(i) test and deliver such training, the curriculum 

for which is developed pursuant to subparagraph (A); 

‘‘(ii) enter into an agreement under which a public 

entity (including a Federal agency) or private entity 

may test and deliver such training, the curriculum 

for which has been developed pursuant to subparagraph (A); and 

‘‘(iii) may accept a program, conducted by a public 

entity (including a Federal agency) or private entity, 

through which such training is delivered the curriculum for which is developed pursuant to subparagraph (A). 

‘‘(2) Any Federal agency that provides such training, and 

any public or private entity that receives moneys, pursuant 

to section 70107(b)(8) of this title, to provide such training, 

shall provide such training— 

‘‘(A) to law enforcement personnel who enforce or assist 

in the enforcement of a security zone; and 

‘‘(B) on an availability basis to— 

‘‘(i) law enforcement personnel who assist in the 

enforcement of a security zone; and 

‘‘(ii) personnel who are employed or retained by 

a facility or vessel owner or operator to assist in the 

enforcement of a security zone. 

‘‘(3) If a Federal agency provides the training, the head 

of such agency may, notwithstanding any other provision of 

law, accept payment from any source for such training, and 

any amount received as payment shall be credited to the appropriation, current at the time of collection, charged with the 

cost thereof and shall be merged with, and available for, the 

same purposes of such appropriation. 

‘‘(4) Notwithstanding any other provision of law, any 

moneys, awarded by the Department of Homeland Security 

in the form of awards or grants, may be used by the recipient 

to pay for training of personnel to assist in the enforcement 

of security zones and limited access areas. 

‘‘(c) CERTIFICATION; TRAINING PARTNERS.—In developing and 

delivering training under the training program, the Secretary, in 

coordination with the Maritime Administrator of the Department 

of Transportation, and consistent with section 109 of the Maritime 

Transportation Security Act of 2002 (46 U.S.C. 70101 note), shall— 

‘‘(1) work with government training facilities, academic 

institutions, private organizations, employee organizations, and 

other entities that provide specialized, state-of-the-art training 

for governmental and nongovernmental emergency responder 

providers or commercial seaport personnel and management; 
H. R. 3619—103 

‘‘(2) utilize, as appropriate, government training facilities, 

courses provided by community colleges, public safety academies, State and private universities, and other facilities; and 

‘‘(3) certify organizations that offer the curriculum for 

training and certification.’’. 

(b) GRANTS; ADMINISTRATION.—Section 70107 of title 46, United 

States Code, is amended— 

(1) by striking ‘‘services.’’ in subsection (a) and inserting 

‘‘services and to train law enforcement personnel under section 

70132 of this title.’’; 

(2) by adding at the end of subsection (b) the following: 

‘‘(8) The cost of training law enforcement personnel— 

‘‘(A) to enforce a security zone under section 70132 

of this title; or 

‘‘(B) assist in the enforcement of a security zone.’’; 

(3) by adding at the end of subsection (c)(2) the following: 

‘‘(C) TRAINING.—There are no matching requirements 

for grants under subsection (a) to train law enforcement 

agency personnel in the enforcement of security zones 

under section 70132 of this title or in assisting in the 

enforcement of such security zones.’’; and 

(4) by striking ‘‘2011’’ in subsection (l) and inserting ‘‘2013’’. 

(c) CONFORMING AMENDMENTS.— 

(1) SUBCHAPTER I DESIGNATION.—Chapter 701 of title 46, 

United States Code, is amended by inserting before section 

70101 the following: 

‘‘SUBCHAPTER I—GENERAL’’. 

(2) TABLE OF CONTENTS AMENDMENTS.—The table of contents for chapter 701 of title 46, United States Code, is 

amended— 

(3) by inserting before the item relating to section 70101 

the following: 

‘‘Subchapter I—General’’; 

and 

(4) by adding at the end the following: 

‘‘SUBCHAPTER II—PORT SECURITY ZONES

‘‘70131. Definitions. 

‘‘70132. Credentialing standards, training, and certification for State and local support for the enforcement of security zones for the transportation of especially hazardous cargo.’’. 

TITLE IX—MISCELLANEOUS 

PROVISIONS 

SEC. 901. WAIVERS. 

(a) GENERAL COASTWISE WAIVER.—Notwithstanding section 

12112 and chapter 551 of title 46, United States Code, the Secretary 

of the department in which the Coast Guard is operating may 

issue a certificate of documentation with a coastwise endorsement 

for the following vessels: 

(1) ZIPPER (State of New York regulation number 

NY3205EB). 
H. R. 3619—104 

(2) GULF DIVER IV (United States official number 

553457). 

(b) GALLANT LADY.—Section 1120(c) of the Coast Guard 

Authorization Act of 1996 (110 Stat. 3977) is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘of Transportation’’ and inserting ‘‘of 

the department in which the Coast Guard is operating’’; 

and 

(B) by striking subparagraph (A) and inserting the 

following: 

‘‘(A) the vessel GALLANT LADY (Feadship hull 

number 672, approximately 168 feet in length).’’; 

(2) by amending paragraph (3) to read as follows: 

‘‘(3) CONDITION.—The only nonrecreational activity authorized for the vessel referred to in subparagraph (A) of paragraph 

(1) is the transportation of individuals on behalf of an organization described in section 501(c)(3) of the Internal Revenue Code 

of 1986 and exempt from tax under section 501(a) of such 

Code, for which the owner of the vessel receives no compensation.’’; 

(3) by striking paragraph (4) and redesignating paragraph 

(5) as paragraph (4); and 

(4) in paragraph (4) (as so redesignated) by striking all 

after ‘‘shall expire’’ and inserting ‘‘on the date of the sale 

of the vessel by the owner.’’. 

(c) ACTIVITY OF CERTAIN VESSELS.— 

(1) IN GENERAL.—Section 12102 of title 46, United States 

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

‘‘(d) AQUACULTURE WAIVER.— 

‘‘(1) PERMITTING OF NONQUALIFIED VESSELS TO PERFORM

CERTAIN AQUACULTURE SUPPORT OPERATIONS.—Notwithstanding 

section 12113 and any other law, the Secretary of Transportation may issue a waiver allowing a documented vessel with 

a registry endorsement or a foreign flag vessel to be used 

in operations that treat aquaculture fish for or protect aquaculture fish from disease, parasitic infestation, or other threats 

to their health if the Secretary finds, after publishing a notice 

in the Federal Register, that a suitable vessel of the United 

States is not available that could perform those services. 

‘‘(2) PROHIBITION.—Vessels operating under a waiver issued 

under this subsection may not engage in any coastwise 

transportation.’’. 

(2) IMPLEMENTING AND INTERIM REGULATIONS.—The Secretary of the department in which the Coast Guard is operating 

shall, in accordance with section 553 of title 5, United States 

Code, and after public notice and comment, promulgate regulations necessary and appropriate to implement this subsection. 

The Secretary may grant interim permits pending the issuance 

of such regulations upon receipt of applications containing the 

required information. 

SEC. 902. CREW WAGES ON PASSENGER VESSELS. 

(a) FOREIGN AND INTERCOASTAL VOYAGES.— 

(1) CAP ON PENALTY WAGES.—Section 10313(g) of title 46, 

United States Code, is amended— 

(A) by striking ‘‘When’’ and inserting ‘‘(1) Subject to 

paragraph (2), when’’; and 
H. R. 3619—105 

(B) by adding at the end the following: 

‘‘(2) The total amount required to be paid under paragraph 

(1) with respect to all claims in a class action suit by seamen 

on a passenger vessel capable of carrying more than 500 passengers 

for wages under this section against a vessel master, owner, or 

operator or the employer of the seamen shall not exceed ten times 

the unpaid wages that are the subject of the claims. 

‘‘(3) A class action suit for wages under this subsection must 

be commenced within three years after the later of— 

‘‘(A) the date of the end of the last voyage for which 

the wages are claimed; or 

‘‘(B) the receipt, by a seaman who is a claimant in the 

suit, of a payment of wages that are the subject of the suit 

that is made in the ordinary course of employment.’’. 

(2) DEPOSITS.—Section 10315 of such title is amended by 

adding at the end the following: 

‘‘(f) DEPOSITS IN SEAMAN ACCOUNT.—By written request signed 

by the seaman, a seaman employed on a passenger vessel capable 

of carrying more than 500 passengers may authorize the master, 

owner, or operator of the vessel, or the employer of the seaman, 

to make deposits of wages of the seaman into a checking, savings, 

investment, or retirement account, or other account to secure a 

payroll or debit card for the seaman if— 

‘‘(1) the wages designated by the seaman for such deposit 

are deposited in a United States or international financial 

institution designated by the seaman; 

‘‘(2) such deposits in the financial institution are fully 

guaranteed under commonly accepted international standards 

by the government of the country in which the financial institution is licensed; 

‘‘(3) a written wage statement or pay stub, including an 

accounting of any direct deposit, is delivered to the seaman 

no less often than monthly; and 

‘‘(4) while on board the vessel on which the seaman is 

employed, the seaman is able to arrange for withdrawal of 

all funds on deposit in the account in which the wages are 

deposited.’’. 

(b) COASTWISE VOYAGES.— (1) CAP ON PENALTY WAGES.—Section 10504(c) of such title 

is amended— 

(A) by striking ‘‘When’’ and inserting ‘‘(1) Subject to 

subsection (d), and except as provided in paragraph (2), 

when’’; and 

(B) by inserting at the end the following: 

‘‘(2) The total amount required to be paid under paragraph 

(1) with respect to all claims in a class action suit by seamen 

on a passenger vessel capable of carrying more than 500 passengers 

for wages under this section against a vessel master, owner, or 

operator or the employer of the seamen shall not exceed ten times 

the unpaid wages that are the subject of the claims. 

‘‘(3) A class action suit for wages under this subsection must 

be commenced within three years after the later of— 

‘‘(A) the date of the end of the last voyage for which 

the wages are claimed; or 

‘‘(B) the receipt, by a seaman who is a claimant in the 

suit, of a payment of wages that are the subject of the suit 

that is made in the ordinary course of employment.’’. 
H. R. 3619—106 

(2) DEPOSITS.—Section 10504 of such title is amended by 

adding at the end the following: 

‘‘(f) DEPOSITS IN SEAMAN ACCOUNT.—On written request signed 

by the seaman, a seaman employed on a passenger vessel capable 

of carrying more than 500 passengers may authorize, the master, 

owner, or operator of the vessel, or the employer of the seaman, 

to make deposits of wages of the seaman into a checking, savings, 

investment, or retirement account, or other account to secure a 

payroll or debit card for the seaman if— 

‘‘(1) the wages designated by the seaman for such deposit 

are deposited in a United States or international financial 

institution designated by the seaman; 

‘‘(2) such deposits in the financial institution are fully 

guaranteed under commonly accepted international standards 

by the government of the country in which the financial institution is licensed; 

‘‘(3) a written wage statement or pay stub, including an 

accounting of any direct deposit, is delivered to the seaman 

no less often than monthly; and 

‘‘(4) while on board the vessel on which the seaman is 

employed, the seaman is able to arrange for withdrawal of 

all funds on deposit in the account in which the wages are 

deposited.’’. 

SEC. 903. TECHNICAL CORRECTIONS. 

(a) COAST GUARD AND MARITIME TRANSPORTATION ACT OF

2006.—Effective with enactment of the Coast Guard and Maritime 

Transportation Act of 2006 (Public Law 109–241), such Act is 

amended— 

(1) in section 311(b) (120 Stat. 530) by inserting ‘‘paragraphs (1) and (2) of’’ before ‘‘section 8104(o)’’; 

(2) in section 603(a)(2) (120 Stat. 554) by striking ‘‘33 

U.S.C. 2794(a)(2)’’ and inserting ‘‘33 U.S.C. 2704(a)(2)’’; 

(3) in section 901(r)(2) (120 Stat. 566) by striking ‘‘the’’ 

the second place it appears; 

(4) in section 902(c) (120 Stat. 566) by inserting ‘‘of the 

United States’’ after ‘‘Revised Statutes’’; 

(5) in section 902(e) (120 Stat. 567) is amended— 

(A) by inserting ‘‘and’’ after the semicolon at the end 

of paragraph (1); 

(B) by striking ‘‘and’’ at the end of paragraph (2)(A); 

and 

(C) by redesignating paragraphs (3) and (4) as subparagraphs (C) and (D) of paragraph (2), respectively, and 

aligning the left margin of such subparagraphs with the 

left margin of subparagraph (A) of paragraph (2); 

(6) in section 902(e)(2)(C) (as so redesignated) by striking 

‘‘this section’’ and inserting ‘‘this paragraph’’; 

(7) in section 902(e)(2)(D) (as so redesignated) by striking 

‘‘this section’’ and inserting ‘‘this paragraph’’; 

(8) in section 902(h)(1) (120 Stat. 567)— 

(A) by striking ‘‘Bisti/De-Na-Zin’’ and all that follows 

through ‘‘Protection’’ and inserting ‘‘Omnibus Parks and 

Public Lands Management’’; and 

(B) by inserting a period after ‘‘Commandant of the 

Coast Guard’’; and 

(9) in section 902(k) (120 Stat. 568) is amended— 
H. R. 3619—107 

(A) by inserting ‘‘the Act of March 23, 1906, commonly 

known as’’ before ‘‘the General Bridge’’; 

(B) by striking ‘‘491)’’ and inserting ‘‘494),’’; and 

(C) by inserting ‘‘each place it appears’’ before ‘‘and 

inserting’’. 

(b) TITLE 14.— 

(1) The analysis for chapter 7 of title 14, United States 

Code, is amended by adding a period at the end of the item 

relating to section 149. 

(2) The analysis for chapter 17 of title 14, United States 

Code, is amended by adding a period at the end of the item 

relating to section 677. 

(3) The analysis for chapter 9 of title 14, United States 

Code, is amended by adding a period at the end of the item 

relating to section 198. 

(4) Section 182 of title 14, United States Code, is amended 

by striking the third sentence. 

(c) TITLE 46.— 

(1) The analysis for chapter 81 of title 46, United States 

Code, is amended by adding a period at the end of the item 

relating to section 8106. 

(2) Section 70105(c)(3)(C) of such title is amended by 

striking ‘‘National Intelligence Director’’ and inserting ‘‘Director 

of National Intelligence’’. 

(d) DEEPWATER PORT ACT OF 1974.—Section 5(c)(2) of the Deepwater Port Act of 1974 (33 U.S.C. 1504(c)(2)) is amended by aligning 

the left margin of subparagraph (K) with the left margin of subparagraph (L). 

(e) OIL POLLUTION ACT OF 1990.— 

(1) Section 1004(a)(2) of the Oil Pollution Act of 1990 (33 

U.S.C. 2704(a)(2)) is amended by striking the first comma following ‘‘$800,000’’. 

(2) The table of sections in section 2 of such Act is amended 

by inserting a period at the end of the item relating to section 

7002. 

(f) COAST GUARD AUTHORIZATION ACT OF 1996.—The table of 

sections in section 2 of the Coast Guard Authorization Act of 1996 

is amended in the item relating to section 103 by striking ‘‘reports’’ 

and inserting ‘‘report’’. 

SEC. 904. MANNING REQUIREMENT. 

Section 421 of the Coast Guard and Maritime Transportation 

Act of 2006 (Public Law 109–241; 120 Stat. 547) is amended— 

(1) in subsection (a), by striking ‘‘in the 48-month period 

beginning on the date of enactment of this Act if,’’ and inserting 

‘‘until the date of expiration of this section if,’’; 

(2) in subsection (b), by striking ‘‘Subsection (a)(1)’’ and 

inserting ‘‘Subsection (a)’’; 

(3) in subsection (d), by striking ‘‘48 months after the 

date of enactment of this Act.’’ and inserting ‘‘on December 

31, 2012.’’; and 

(4) by redesignating subsection (e) as subsection (f) and 

inserting after subsection (d) the following: 

‘‘(e) SAFETY INSPECTIONS.—A vessel may not engage a foreign 

citizen to meet a manning requirement under this section unless 

it has an annual safety examination by an individual authorized 

to enforce part B of subtitle II of title 46, United States Code.’’. 
H. R. 3619—108 

SEC. 905. STUDY OF BRIDGES OVER NAVIGABLE WATERS. 

The Commandant of the Coast Guard shall submit to the 

Committee on Commerce, Science, and Transportation of the Senate 

and the Committee on Transportation and Infrastructure of the 

House of Representatives a comprehensive study on the proposed 

construction or alteration of any bridge, drawbridge, or causeway 

over navigable waters with a channel depth of 25 feet or greater 

of the United States that may impede or obstruct future navigation 

to or from port facilities. 

SEC. 906. LIMITATION ON JURISDICTION OF STATES TO TAX CERTAIN 

SEAMEN. 

Section 11108(b)(2)(B) of title 46, United States Code, is 

amended to read as follows: 

‘‘(B) who performs regularly assigned duties while 

engaged as a master, officer, or crewman on a vessel operating on navigable waters in 2 or more States.’’. 

SEC. 907. LAND CONVEYANCE, COAST GUARD PROPERTY IN MARQUETTE COUNTY, MICHIGAN, TO THE CITY OF MARQUETTE, MICHIGAN. 

(a) CONVEYANCE AUTHORIZED.— 

(1) IN GENERAL.—The Commandant of the Coast Guard 

may convey as surplus property, under section 550 of title 

40, United States Code, and other relevant Federal Laws governing the disposal of Federal surplus property, to the City 

of Marquette, Michigan (in this section referred to as the 

‘‘City’’), all right, title, and interest of the United States in 

and to a parcel of real property, together with any improvements thereon, located in Marquette County, Michigan, that 

is under the administrative control of the Coast Guard, consisting of approximately 5.5 acres of real property, as depicted 

on the Van Neste survey (#204072), dated September 7, 2006, 

together with the land between the intermediate traverse line 

as shown on such survey and the ordinary high water mark, 

the total comprising 9 acres, more or less, and commonly identified as Coast Guard Station Marquette and Lighthouse Point. 

(2) COSTS OF CONVEYANCE.—The responsibility for all 

reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with 

the transaction shall be determined by the Commandant of 

the Coast Guard and the City. 

(b) RETENTION OF CERTAIN EASEMENTS.—In conveying the property under subsection (a), the Commandant of the Coast Guard 

may retain such easements over the property as the Commandant 

considers appropriate for access to aids to navigation. 

(c) LIMITATIONS.—The property to be conveyed under subsection 

(a) may not be conveyed under that subsection until— 

(1) the Coast Guard has relocated Coast Guard Station 

Marquette to a newly constructed station; 

(2) any environmental remediation required under Federal 

law with respect to the property has been completed; and 

(3) the Commandant of the Coast Guard determines that 

retention of the property by the United States is not required 

to carry out Coast Guard missions or functions. 
H. R. 3619—109 

(d) CONDITIONS OF TRANSFER.—All conditions placed within 

the deed of title of the property to be conveyed under subsection 

(a) shall be construed as covenants running with the land. 

(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the property to be conveyed under subsection (a) 

shall be determined by a survey satisfactory to the Commandant 

of the Coast Guard. 

(f) ADDITIONAL TERMS AND CONDITIONS.—The Commandant of 

the Coast Guard may require such additional terms and conditions 

in connection with the conveyance authorized by subsection (a) 

as the Commandant considers appropriate to protect the interests 

of the United States. 

SEC. 908. MISSION REQUIREMENT ANALYSIS FOR NAVIGABLE PORTIONS OF THE RIO GRANDE RIVER, TEXAS, INTERNATIONAL WATER BOUNDARY. 

Not later than 90 days after the date of the enactment of 

this Act, the Secretary of the department in which the Coast Guard 

is operating shall prepare a mission requirement analysis for the 

navigable portions of the Rio Grande River, Texas, international 

water boundary. The analysis shall take into account the Coast 

Guard’s involvement on the Rio Grande River by assessing Coast 

Guard missions, assets, and personnel assigned along the Rio 

Grande River. The analysis shall also identify what would be needed 

for the Coast Guard to increase search and rescue operations, 

migrant interdiction operations, and drug interdiction operations. 

In carrying out this section, the Secretary shall work with all 

appropriate entities to facilitate the collection of information under 

this section as necessary and shall report the analysis to the Congress. 

SEC. 909. CONVEYANCE OF COAST GUARD PROPERTY IN CHEBOYGAN, 

MICHIGAN. 

(a) CONVEYANCE AUTHORIZED.—Notwithstanding any other 

provision of law, the Commandant of the Coast Guard is authorized 

to convey, at fair market value, all right, title, and interest of 

the United States in and to a parcel of real property, consisting 

of approximately 3 acres, more or less, that is under the administrative control of the Coast Guard and located at 900 S. Western 

Avenue in Cheboygan, Michigan. 

(b) RIGHT OF FIRST REFUSAL.—The Cornerstone Christian 

Academy, located in Cheboygan, MI, shall have the right of first 

refusal to purchase, at fair market value, all or a portion of the 

real property described in subsection (a). 

(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the property to be conveyed under subsection (a) 

shall be determined by a survey satisfactory to the Commandant 

of the Coast Guard. 

(d) FAIR MARKET VALUE.—The fair market value of the property 

shall be— 

(1) determined by appraisal, in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and 

the Uniform Standards of Professional Appraisal Practice; and 

(2) subject to the approval of the Commandant. 

(e) COSTS OF CONVEYANCE.—The responsibility for all reasonable and necessary costs, including real estate transaction and 

environmental documentation costs, associated with the transaction 
H. R. 3619—110 

shall be determined by the Commandant of the Coast Guard and 

the purchaser. 

(f) ADDITIONAL TERMS AND CONDITIONS.—The Commandant of 

the Coast Guard may require such additional terms and conditions 

in connection with the conveyance under subsection (a) as is considered appropriate to protect the interests of the United States. 

SEC. 910. ALTERNATIVE LICENSING PROGRAM FOR OPERATORS OF 

UNINSPECTED PASSENGER VESSELS ON LAKE TEXOMA IN 

TEXAS AND OKLAHOMA. 

(a) IN GENERAL.—Upon the request of the Governor of the 

State of Texas or the Governor of the State of Oklahoma, the 

Secretary of the department in which the Coast Guard is operating 

shall enter into an agreement with the Governor of the State 

whereby the State shall license operators of uninspected passenger 

vessels operating on Lake Texoma in Texas and Oklahoma in lieu 

of the Secretary issuing the license pursuant to section 8903 of 

title 46, United States Code, and the regulations issued thereunder, 

but only if the State plan for licensing the operators of uninspected 

passenger vessels— 

(1) meets the equivalent standards of safety and protection 

of the environment as those contained in subtitle II of title 

46, United States Code, and regulations issued thereunder; 

(2) includes— 

(A) standards for chemical testing for such operators; 

(B) physical standards for such operators; 

(C) professional service and training requirements for 

such operators; and 

(D) criminal history background check for such operators; 

(3) provides for the suspension and revocation of State 

licenses; 

(4) makes an individual, who is ineligible for a license 

issued under title 46, United States Code, ineligible for a State 

license; and 

(5) provides for a report that includes— 

(A) the number of applications that, for the preceding 

year, the State rejected due to failure to— 

(i) meet chemical testing standards; 

(ii) meet physical standards; 

(iii) meet professional service and training requirements; and 

(iv) pass criminal history background check for 

such operators; 

(B) the number of licenses that, for the preceding year, 

the State issued; 

(C) the number of license investigations that, for the 

preceding year, the State conducted; 

(D) the number of licenses that, for the preceding year, 

the State suspended or revoked, and the cause for such 

suspensions or revocations; and 

(E) the number of injuries, deaths, collisions, and loss 

or damage associated with uninspected passenger vessels 

operations that, for the preceding year, the State investigated. 

(b) ADMINISTRATION.— 
H. R. 3619—111 

(1) The Governor of the State may delegate the execution 

and enforcement of the State plan, including the authority 

to license and the duty to report information pursuant to subsection (a), to any subordinate State officer. The Governor 

shall provide, to the Secretary, written notice of any delegation. 

(2) The Governor (or the Governor’s designee) shall provide 

written notice of any amendment to the State plan no less 

than 45 days prior to the effective date of such amendment. 

(3) At the request of the Secretary, the Governor of the 

State (or the Governor’s designee) shall grant, on a biennial 

basis, the Secretary access to State records and State personnel 

for the purpose of auditing State execution and enforcement 

of the State plan. 

(c) APPLICATION.— 

(1) The requirements of section 8903 of title 46, United 

States Code, and the regulations issued thereunder shall not 

apply to any person operating under the authority of a State 

license issued pursuant to an agreement under this section. 

(2) The State shall not compel a person, operating under 

the authority of a license issued either by another State, pursuant to a valid agreement under this section, or by the Secretary, 

pursuant to section 8903 of title 46, United States Code, to— 

(A) hold a license issued by the State, pursuant to 

an agreement under this section; or 

(B) pay any fee, associated with licensing, because 

the person does not hold a license issued by the State, 

pursuant to an agreement under this section. 

Nothing in this paragraph shall limit the authority of the 

State to impose requirements or fees for privileges, other than 

licensing, that are associated with the operation of uninspected 

passenger vessels on Lake Texoma. 

(3) For the purpose of enforcement, if an individual is 

issued a license— 

(A) by a State, pursuant to an agreement entered 

into under to this section; or 

(B) by the Secretary, pursuant to section 8903 of title 

46, United States Code, 

then the individual shall be entitled to lawfully operate an 

uninspected passenger vessel on Lake Texoma in Texas and 

Oklahoma without further requirement to hold an additional 

operator’s license. 

(d) TERMINATION.— 

(1) If— 

(A) the Secretary finds that the State plan for the 

licensing the operators of uninspected passenger vessels— 

(i) does not meet the equivalent standards of safety 

and protection of the environment as those contained 

in subtitle II of title 46, United States Code, and regulations issued thereunder; 

(ii) does not include— 

(I) standards for chemical testing for such 

operators, 

(II) physical standards for such operators, 

(III) professional service and training requirements for such operators, or 

(IV) background and criminal investigations 

for such operators; 
H. R. 3619—112 

(iii) does not provide for the suspension and revocation of State licenses; or 

(iv) does not make an individual, who is ineligible 

for a license issued under title 46, United States Code, 

ineligible for a State license; or 

(B) the Governor (or the Governor’s designee) fails 

to report pursuant to subsection (b), 

the Secretary shall terminate the agreement authorized by 

this section, provided that the Secretary provides written notice 

to the Governor of the State 60 days in advance of termination. 

The findings of fact and conclusions of the Secretary, if based 

on a preponderance of the evidence, shall be conclusive. 

(2) The Governor of the State may terminate the agreement 

authorized by this section, provided that the Governor provides 

written notice to the Secretary 60 days in advance of the 

termination date. 

(e) EXISTING AUTHORITY.—Nothing in this section shall affect 

or diminish the authority or jurisdiction of any Federal or State 

officer to investigate, or require reporting of, marine casualties. 

(f) DEFINITIONS.—For the purposes of this section, the term 

‘‘uninspected passenger vessel’’ has the same meaning such term 

has in section 2101(42)(B) of title 46, United States Code. 

SEC. 911. STRATEGY REGARDING DRUG TRAFFICKING VESSELS. 

Within 180 days after the date of enactment of this Act, the 

Secretary of the department in which the Coast Guard is operating, 

acting through the Commandant of the Coast Guard, shall submit 

a report to Congress on its comprehensive strategy to combat the 

illicit flow of narcotics, weapons, bulk cash, and other contraband 

through the use of submersible and semi-submersible vessels. The 

strategy shall be developed in coordination with other Federal agencies engaged in detection, interdiction, or apprehension of such 

vessels. At a minimum, the report shall include the following: 

(1) An assessment of the threats posed by submersible 

and semi-submersible vessels, including the number of such 

vessels that have been detected or interdicted. 

(2) Information regarding the Federal personnel, technology 

and other resources available to detect and interdict such vessels. 

(3) An explanation of the Coast Guard’s plan, working 

with other Federal agencies as appropriate, to detect and interdict such vessels. 

(4) An assessment of additional personnel, technology, or 

other resources necessary to address such vessels. 

SEC. 912. USE OF FORCE AGAINST PIRACY. 

(a) IN GENERAL.—Chapter 81 of title 46, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 8107. Use of force against piracy 

‘‘(a) LIMITATION ON LIABILITY.—An owner, operator, time 

charterer, master, mariner, or individual who uses force or authorizes the use of force to defend a vessel of the United States against 

an act of piracy shall not be liable for monetary damages for 

any injury or death caused by such force to any person engaging 

in an act of piracy if such force was in accordance with standard 

rules for the use of force in self-defense of vessels prescribed by 

the Secretary. 
H. R. 3619—113 

‘‘(b) PROMOTION OF COORDINATED ACTION.—To carry out the 

purpose of this section, the Secretary of the department in which 

the Coast Guard is operating shall work through the International 

Maritime Organization to establish agreements to promote coordinated action among flag- and port-states to deter, protect against, 

and rapidly respond to piracy against the vessels of, and in the 

waters under the jurisdiction of, those nations, and to ensure limitations on liability similar to those established by subsection (a). 

‘‘(c) DEFINITION.—For the purpose of this section, the term 

‘act of piracy’ means any act of aggression, search, restraint, depredation, or seizure attempted against a vessel of the United States 

by an individual not authorized by the United States, a foreign 

government, or an international organization recognized by the 

United States to enforce law on the high seas.’’. 

(b) CLERICAL AMENDMENT.—The analysis at the beginning of 

such chapter is amended by adding at the end the following new 

item: 

‘‘8107. Use of force against piracy.’’. 

(c) STANDARD RULES FOR THE USE OF FORCE FOR SELF-DEFENSE

OF VESSELS OF THE UNITED STATES.—Not later than 180 days 

after the date of enactment of this act, the secretary of the department in which the coast guard is operating, in consultation with 

representatives of industry and labor, shall develop standard rules 

for the use of force for self-defense of vessels of the United States. 

SEC. 913. TECHNICAL AMENDMENTS TO CHAPTER 313 OF TITLE 46, 

UNITED STATES CODE. 

(a) IN GENERAL.—Chapter 313 of title 46, United States Code, 

is amended— 

(1) by striking ‘‘of Transportation’’ in sections 31302, 31306, 

31321, 31330, and 31343 each place it appears; 

(2) by striking ‘‘and’’ after the semicolon in section 

31301(5)(F); 

(3) by striking ‘‘office.’’ in section 31301(6) and inserting 

‘‘office; and’’; and 

(4) by adding at the end of section 31301 the following: 

‘‘(7) ‘Secretary’ means the Secretary of the Department 

of Homeland Security, unless otherwise noted.’’. 

(b) SECRETARY AS MORTGAGEE.—Section 31308 of such title 

is amended by striking ‘‘When the Secretary of Commerce or 

Transportation is a mortgagee under this chapter, the Secretary’’ 

and inserting ‘‘The Secretary of Commerce or Transportation, as 

a mortgagee under this chapter,’’. 

(c) SECRETARY OF TRANSPORTATION.—Section 31329(d) of such 

title is amended by striking ‘‘Secretary.’’ and inserting ‘‘Secretary 

of Transportation.’’. 

(d) MORTGAGEE.— 

(1) Section 31330(a)(1) of such title, as amended by subsection (a)(1) of this section, is amended— 

(A) by inserting ‘‘or’’ after the semicolon in subparagraph (B); 

(B) by striking ‘‘Secretary; or’’ in subparagraph (C) 

and inserting ‘‘Secretary.’’; and 

(C) by striking subparagraph (D). 

(2) Section 31330(a)(2) is amended— 
H. R. 3619—114 

(A) by inserting ‘‘or’’ after the semicolon in subparagraph (B); 

(B) by striking ‘‘faith; or’’ in subparagraph (C) and 

inserting ‘‘faith.’’; and 

(C) by striking subparagraph (D). 

SEC. 914. CONVEYANCE OF COAST GUARD VESSELS FOR PUBLIC PURPOSES. 

(a) IN GENERAL.—Whenever the transfer of ownership of a 

Coast Guard vessel or aircraft to an eligible entity for use for 

educational, cultural, historical, charitable, recreational, or other 

public purposes is authorized by law or declared excess by the 

Commandant, the Coast Guard shall transfer the vessel or aircraft 

to the General Services Administration for conveyance to the eligible 

entity. 

(b) CONDITIONS OF CONVEYANCE.—The General Services 

Administration may not convey a vessel or aircraft to an eligible 

entity as authorized by law unless the eligible entity agrees— 

(1) to provide the documentation needed by the General 

Services Administration to process a request for aircraft or 

vessels under section 102.37.225 of title 41, Code of Federal 

Regulations; 

(2) to comply with the special terms, conditions, and restrictions imposed on aircraft and vessels under section 102.37.460 

of such title; 

(3) to make the vessel available to the United States 

Government if it is needed for use by the Commandant of 

the Coast Guard in time of war or a national emergency; 

and 

(4) to hold the United States Government harmless for 

any claims arising from exposure to hazardous materials, 

including asbestos and polychlorinated biphenyls, that occurs 

after conveyance of the vessel, except for claims arising from 

use of the vessel by the United States Government under 

paragraph (3). 

(c) OTHER OBLIGATIONS UNAFFECTED.—Nothing in this section 

amends or affects any obligation of the Coast Guard or any other 

person under the Toxic Substances Control Act (15 U.S.C. 2601 

et seq.) or any other law regarding use or disposal of hazardous 

materials including asbestos and polychlorinated biphenyls. 

(d) ELIGIBLE ENTITY DEFINED.—In this section, the term 

‘‘eligible entity’’ means a State or local government, nonprofit corporation, educational agency, community development organization, 

or other entity that agrees to comply with the conditions established 

under this section. 

SEC. 915. ASSESSMENT OF CERTAIN AIDS TO NAVIGATION AND 

TRAFFIC FLOW. 

(a) INFORMATION ON USAGE.—Within 60 days after the date 

of enactment of this Act, the Commandant of the Coast Guard 

shall— 

(1) determine the types and numbers of vessels typically 

transiting or utilizing that portion of the Atlantic Intracoastal 

Waterway beginning at a point that is due East of the outlet 

of the Cutler Drain Canal C–100 in Dade County, Florida, 

and ending at the Dade County line, during a period of 30 

days; and 
H. R. 3619—115 

(2) provide the information on usage compiled under this 

subsection to the Senate Committee on Commerce, Science, 

and Transportation and the House of Representatives Committee on Transportation and Infrastructure. 

(b) ASSESSMENT OF CERTAIN AIDS TO NAVIGATION.—Within 90 

days after the date of enactment of this Act, the Commandant 

of the Coast Guard shall— 

(1) review and assess the buoys, markers, and other aids 

to navigation in and along that portion of the Atlantic Intracoastal Waterway specified in subsection (a), to determine the 

adequacy and sufficiency of such aids, and the need to replace 

such aids, install additional aids, or both; and 

(2) submit a report on the assessment required by this 

section to the committees. 

(c) SUBMISSION OF PLAN.—Within 180 days after the date of 

enactment of this Act, the Commandant shall submit a plan to 

the committees to address the needs identified under subsection 

(b). 

SEC. 916. FRESNEL LENS FROM PRESQUE ISLE LIGHT STATION IN 

PRESQUE ISLE, MICHIGAN. 

(a) DETERMINATION; ANALYSES.— 

(1) DETERMINATION.—The Commandant of the Coast Guard 

shall determine the necessity and adequacy of the existing 

Federal aids to navigation at Presque Isle Light Station, 

Presque Isle, Michigan (hereinafter ‘‘Light Station’’), and submit 

such determination to the Committee on Transportation and 

Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. 

The Commandant may base such determination on the Waterways Analysis and Management System study of such Federal 

aid to navigation, provided that such study was completed 

not more than 1 year prior to the date of enactment of this 

section. 

(2) ANALYSES.—The Commandant of the Coast Guard shall 

conduct— 

(A) an analysis of the feasibility of restoring the Fresnel 

Lens from the Light Station to operating condition, the 

capacity of the Coast Guard to maintain the Fresnel Lens 

as a Federal aid to navigation, and the impact on the 

Fresnel Lens as an artifact if used as a Federal aid to 

navigation; and 

(B) a comparative analysis of the cost of restoring, 

reinstalling, operating, and maintaining the Fresnel Lens 

(including life-cycle costs) and the cost of operating and 

maintaining the existing Federal aid to navigation at the 

Light Station (including life-cycle costs). 

(3) SUBMISSION.—Not later than 1 year after the date of 

enactment of this section, the Commandant of the Coast Guard 

shall submit the determination and analyses, conducted pursuant to this subsection, to the Committee on Transportation 

and Infrastructure of the House of Representatives and the 

Committee on Commerce, Science, and Transportation of the 

Senate. 

(b) TRANSFER POSSESSION OF LENS AUTHORIZED.— (1) TRANSFER OF POSSESSION.—Notwithstanding any other 

provision of law, the Commandant of the Coast Guard may 
H. R. 3619—116 

transfer to the Township of Presque Isle, Michigan (hereinafter 

‘‘Township’’), possession of the Fresnel Lens from the Light 

Station for the purpose of conserving and displaying such 

Fresnel Lens as an artifact in an exhibition facility at or near 

the Light Station. 

(2) CONDITION.—As a condition of the transfer of possession 

pursuant to paragraph (1)— 

(A) all Federal aids to navigation located at, on, or 

in the Light Station in operation on the date of transfer 

of possession shall remain the personal property of the 

United States and continue to be operated and maintained 

by the United States for as long as needed for navigational 

purposes; 

(B) there is reserved to the United States the right 

to maintain, remove, replace, or install any Federal aid 

to navigation located at, on, or in the Light Station as 

may be necessary for navigational purposes; and 

(C) the Township shall neither interfere nor allow 

interference in any manner with any Federal aid to navigation, nor hinder activities required for the operation and 

maintenance of any Federal aid to navigation. 

(3) ALTERNATIVE DISPLAY.— 

(A) In the event that— 

(i) the Commandant of the Coast Guard, pursuant 

to a Waterways Analysis and Management System 

study, discontinues the existing Federal aids to navigation at, on, or in the Light Station; and 

(ii) the Township demonstrates to the satisfaction 

of the Commandant that the Township can restore, 

reinstall, and display the Fresnel Lens from the Light 

Station in the lantern room of such Light Station in 

a manner that conserves such Fresnel Lens as an 

artifact, 

the Township is authorized, notwithstanding paragraph 

(1), to display such Fresnel Lens in the lantern room of 

such Light Station. 

(B) Nothing in this paragraph shall be construed to 

prevent the Township from installing a replica of the 

Fresnel Lens in the lantern room of such Light Station. 

(c) CONVEYANCE, TRANSFER OF ADDITIONAL PERSONAL PROPERTY.—Notwithstanding any other provision of law, the Commandant may convey or transfer possession of any personal property 

of the United States, pertaining to the Fresnel Lens or the Light 

Station, as an artifact to the Township. 

(d) TERMS; REVERSIONARY INTEREST.—As a condition of transfer 

of possession of personal property of the United States, pursuant 

to subsection (c), the Commandant may require the Township to 

comply with terms and conditions necessary to protect and conserve 

such personal property. Upon notice that the Commandant has 

determined that the Township has not complied with such terms 

and conditions, the Township shall immediately transfer possession 

of such personal property to the Coast Guard, except to the extent 

otherwise approved by the Commandant. 

(e) CONVEYANCE WITHOUT CONSIDERATION.—The conveyance 

or transfer of possession of any personal property of the United 

States (including the Fresnel Lens) under this section shall be 

without consideration. 
H. R. 3619—117 

(f) DELIVERY OF PROPERTY.—The Commandant shall deliver 

any personal property, conveyed or transferred pursuant to this 

section (including the Fresnel Lens)— 

(1) at the place where such property is located on the 

date of the conveyance; 

(2) in condition on the date of conveyance; and 

(3) without cost to the United States. 

(g) MAINTENANCE OF PROPERTY.—As a condition of the transfer 

of possession of the Fresnel Lens and any other personal property 

of the United States to the Township under this section, the Commandant shall enter into an agreement with the Township under 

which the Township agrees to hold the United States harmless 

for any claim arising with respect to the Fresnel Lens or such 

personal property. 

(h) LIMITATION ON FUTURE TRANSFERS.—The instruments providing for the transfer of possession of the Fresnel Lens or any 

other personal property of the United States under this section 

shall— 

(1) require that any further transfer of an interest in the 

Fresnel Lens or personal property may not be made without 

the advance approval of the Commandant; and 

(2) provide that, if the Commandant determines that an 

interest in the Fresnel Lens or personal property was transferred without such approval— 

(A) all right, title, and interest in the Fresnel Lens 

or personal property shall revert to the United States, 

and the United States shall have the right to immediate 

possession of the Fresnel Lens or personal property; and 

(B) the recipient of the Fresnel Lens or personal property shall pay the United States for costs incurred by 

the United States in recovering the Fresnel Lens or personal property. 

(i) ADDITIONAL TERMS AND CONDITIONS.—The Commandant 

may require such additional terms and conditions in connection 

with the conveyance or transfer of personal property of the United 

States (including the Fresnel Lens) authorized by this section as 

the Commandant considers appropriate to protect the interests 

of the United States. 

SEC. 917. MARITIME LAW ENFORCEMENT. 

(a) PENALTIES.—Subsection (b) of section 2237 of title 18, United 

States Code, is amended to read as follows: 

‘‘(b)(1) Except as otherwise provided in this subsection, whoever 

knowingly violates subsection (a) shall be fined under this title 

or imprisoned for not more than 5 years, or both. 

‘‘(2)(A) If the offense is one under paragraph (1) or (2)(A) 

of subsection (a) and has an aggravating factor set forth in subparagraph (B) of this paragraph, the offender shall be fined under 

this title or imprisoned for any term of years or life, or both. 

‘‘(B) The aggravating factor referred to in subparagraph (A) 

is that the offense— 

‘‘(i) results in death; or 

‘‘(ii) involves— 

‘‘(I) an attempt to kill; 

‘‘(II) kidnapping or an attempt to kidnap; or 

‘‘(III) an offense under section 2241. 
H. R. 3619—118 

‘‘(3) If the offense is one under paragraph (1) or (2)(A) of 

subsection (a) and results in serious bodily injury (as defined in 

section 1365), the offender shall be fined under this title or imprisoned for not more than 15 years, or both. 

‘‘(4) If the offense is one under paragraph (1) or (2)(A) of 

subsection (a), involves knowing transportation under inhumane 

conditions, and is committed in the course of a violation of section 

274 of the Immigration and Nationality Act, or chapter 77 or 

section 113 (other than under subsection (a)(4) or (a)(5) of such 

section) or 117 of this title, the offender shall be fined under 

this title or imprisoned for not more than 15 years, or both.’’. 

(b) DEFINITION.—Section 2237(e) of title 18, United States Code, 

is amended— 

(1) by amending paragraph (3) to read as follows: 

‘‘(3) the term ‘vessel subject to the jurisdiction of the United 

States’ has the meaning given the term in section 70502 of 

title 46;’’; 

(2) in paragraph (4), by striking ‘‘section 2 of the Maritime 

Drug Law Enforcement Act (46 U.S.C. App. 1903).’’ and 

inserting ‘‘section 70502 of title 46; and’’; and 

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

‘‘(5) the term ‘transportation under inhumane conditions’ 

means— 

‘‘(A) transportation— 

‘‘(i) of one or more persons in an engine compartment, storage compartment, or other confined space; 

‘‘(ii) at an excessive speed; or 

‘‘(iii) of a number of persons in excess of the rated 

capacity of the vessel; or 

‘‘(B) intentional grounding of a vessel in which persons 

are being transported.’’. 

SEC. 918. CAPITAL INVESTMENT PLAN. 

The Commandant of the Coast Guard shall submit to the 

Committee on Transportation and Infrastructure and the Committee on Commerce, Science, and Transportation of the Senate 

the Coast Guard’s 5-year capital investment plan concurrent with 

the President’s budget submission for each fiscal year. 

SEC. 919. REPORTS. 

Notwithstanding any other provision of law, in fiscal year 2011 

the total amount of appropriated funds obligated or expended by 

the Coast Guard during any fiscal year in connection with any 

study or report required by law may not exceed the total amount 

of appropriated funds obligated or expended by the Coast Guard 

for such purpose in fiscal year 2010. In order to comply with 

the requirements of this limitation, the Commandant of the Coast 

Guard shall establish for each fiscal year a rank order of priority 

for studies and reports that can be conducted or completed during 

the fiscal year consistent with this limitation and shall post the 

list on the Coast Guard’s public website. 

SEC. 920. COMPLIANCE PROVISION. 

The budgetary effects of this Act, for purposes of complying 

with the Statutory Pay-As-You-Go Act of 2010, shall be determined 

by reference to the latest statement titled ‘‘Budgetary Effects of 

PAYGO Legislation’’ for this Act, jointly submitted for printing 

in the Congressional Record by the Chairmen of the House and 
H. R. 3619—119 

Senate Budget Committees, provided that such statement has been 

submitted prior to the vote on passage in the House acting first 

on this conference report or amendments between the Houses. 

SEC. 921. CONVEYANCE OF COAST GUARD PROPERTY IN PORTLAND, 

MAINE. 

Section 347 of the Maritime Transportation Security Act of 

2002 (116 Stat. 2108; as amended by section 706 of Public Law 

109–347 (120 Stat. 1946)) is amended in subsection (i), by adding 

at the end the following new paragraph: 

‘‘(3) PUBLIC AQUARIUM.—For purposes of this section, the 

term ‘aquarium’ or ‘public aquarium’ as used in this section 

or in the deed delivered to the Corporation or any agreement 

entered into pursuant to this section, means any new building 

constructed by the Corporation adjacent to the pier and bulkhead in compliance with the waterfront provisions of the City 

of Portland Code of Ordinances.’’. 

TITLE X—CLEAN HULLS 

Subtitle A—General Provisions 

SEC. 1011. DEFINITIONS. 

In this title: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of the Environmental Protection Agency. 

(2) ANTIFOULING SYSTEM.—The term ‘‘antifouling system’’ 

means a coating, paint, surface treatment, surface, or device 

that is used or intended to be used on a vessel to control 

or prevent attachment of unwanted organisms. 

(3) CONVENTION.—The term ‘‘Convention’’ means the International Convention on the Control of Harmful Anti-Fouling 

Systems on Ships, 2001, including its annexes, and including 

any amendments to the Convention or annexes which have 

entered into force for the United States. 

(4) FPSO.—The term ‘‘FPSO’’ means a floating production, 

storage, or offloading unit. 

(5) FSU.—The term ‘‘FSU’’ means a floating storage unit. 

(6) GROSS TONNAGE.—The term ‘‘gross tonnage’’ as defined 

in chapter 143 of title 46, United States Code, means the 

gross tonnage calculated in accordance with the tonnage 

measurement regulations contained in annex 1 to the International Convention on Tonnage Measurement of Ships, 1969. 

(7) INTERNATIONAL VOYAGE.—The term ‘‘international voyage’’ means a voyage by a vessel entitled to fly the flag of 

one country to or from a port, shipyard, offshore terminal, 

or other place under the jurisdiction of another country. 

(8) ORGANOTIN.—The term ‘‘organotin’’ means any compound or additive of tin bound to an organic ligand, that is 

used or intended to be used as biocide in an antifouling system. 

(9) PERSON.—The term ‘‘person’’ means— 

(A) any individual, partnership, association, corporation, or organized group of persons whether incorporated 

or not; 

(B) any department, agency, or instrumentality of the 

United States, except as provided in section 3(b)(2); or 
H. R. 3619—120 

(C) any other government entity. 

(10) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the department in which the Coast Guard is operating. 

(11) SELL OR DISTRIBUTE.—The term ‘‘sell or distribute’’ 

means to distribute, sell, offer for sale, hold for distribution, 

hold for sale, hold for shipment, ship, deliver for shipment, 

release for shipment, import, export, hold for import, hold for 

export, or receive and (having so received) deliver or offer 

to deliver. 

(12) VESSEL.—The term ‘‘vessel’’ has the meaning given 

that term in section 3 of title 1, United States Code, including 

hydrofoil boats, air cushion watercraft, submersibles, floating 

craft, fixed or floating platforms, floating storage units, and 

floating production, storage, and offloading units. 

(13) TERRITORIAL SEA.—The term ‘‘territorial sea’’ means 

the territorial sea as described in Presidential Proclamation 

No. 5928 on December 27, 1988. 

(14) UNITED STATES.—The term ‘‘United States’’ means the 

several States of the United States, the District of Columbia, 

Puerto Rico, Guam, American Samoa, the Virgin Islands, the 

Commonwealth of the Northern Marianas, and any other territory or possession over which the United States has jurisdiction. 

(15) USE.—The term ‘‘use’’ includes application, reapplication, installation, or any other employment of an antifouling 

system. 

SEC. 1012. COVERED VESSELS. 

(a) INCLUDED VESSEL.—Except as provided in subsection (b), 

after the Convention enters into force for the United States, the 

following vessels are subject to the requirements of this title: 

(1) A vessel documented under chapter 121 of title 46, 

United States Code, or one operated under the authority of 

the United States, wherever located. 

(2) Any vessel permitted by a Federal agency to operate 

on the Outer Continental Shelf. 

(3) Any other vessel when— 

(A) in the internal waters of the United States; 

(B) in any port, shipyard, offshore terminal, or other 

place in the United States; 

(C) lightering in the territorial sea; or 

(D) to the extent consistent with international law, 

anchoring in the territorial sea of the United States. 

(b) EXCLUDED VESSELS.— 

(1) IN GENERAL.—The following vessels are not subject to 

the requirements of this title: 

(A) Any warship, naval auxiliary, or other vessel owned 

or operated by a foreign state, and used, for the time 

being, only on government noncommercial service. 

(B) Except as provided in paragraph (2), any warship, 

naval auxiliary, or other vessel owned or operated by the 

United States and used for the time being only on government noncommercial service. 

(2) APPLICATION TO UNITED STATES GOVERNMENT VESSELS.— 

(A) IN GENERAL.—The Administrator may apply any 

requirement of this title to one or more classes of vessels 

described in paragraph (1)(B), if the head of the Federal 
H. R. 3619—121 

department or agency under which those vessels operate 

concurs in that application. 

(B) LIMITATION FOR COMBAT-RELATED VESSEL.— 

Subparagraph (A) shall not apply to combat-related vessels. 

SEC. 1013. ADMINISTRATION AND ENFORCEMENT. 

(a) IN GENERAL.—Unless otherwise specified in this title, with 

respect to a vessel, the Secretary shall administer and enforce 

the Convention and this title. 

(b) ADMINISTRATOR.—Except with respect to section 1031(b) 

and (c), the Administrator shall administer and enforce subtitle 

C. 

(c) REGULATIONS.—The Administrator and the Secretary may 

each prescribe and enforce regulations as may be necessary to 

carry out their respective responsibilities under this title. 

SEC. 1014. COMPLIANCE WITH INTERNATIONAL LAW. 

Any action taken under this title shall be taken in accordance 

with treaties to which the United States is a party and other 

international obligations of the United States. 

SEC. 1015. UTILIZATION OF PERSONNEL, FACILITIES OR EQUIPMENT 

OF OTHER FEDERAL DEPARTMENTS AND AGENCIES. 

The Secretary and the Administrator may utilize by agreement, 

with or without reimbursement, personnel, facilities, or equipment 

of other Federal departments and agencies in administering the 

Convention, this title, or any regulations prescribed under this 

title. 

Subtitle B—Implementation of the 

Convention 

SEC. 1021. CERTIFICATES. 

(a) CERTIFICATE REQUIRED.—On entry into force of the Convention for the United States, any vessel of at least 400 gross tons 

that engages in one or more international voyages (except fixed 

or floating platforms, FSUs, and FPSOs) shall carry an International Antifouling System Certificate. 

(b) ISSUANCE OF CERTIFICATE.—On entry into force of the 

Convention, on a finding that a successful survey required by the 

Convention has been completed, a vessel of at least 400 gross 

tons that engages in at least one international voyage (except 

fixed or floating platforms, FSUs, and FPSOs) shall be issued 

an International Antifouling System Certificate. The Secretary may 

issue the Certificate required by this section. The Secretary may 

delegate this authority to an organization that the Secretary determines is qualified to undertake that responsibility. 

(c) MAINTENANCE OF CERTIFICATE.—The Certificate required 

by this section shall be maintained as required by the Secretary. 

(d) CERTIFICATES ISSUED BY OTHER PARTY COUNTRIES.—A Certificate issued by any country that is a party to the Convention 

has the same validity as a Certificate issued by the Secretary 

under this section. 

(e) VESSELS OF NONPARTY COUNTRIES.—Notwithstanding subsection (a), a vessel of at least 400 gross tons, having the nationality 

of or entitled to fly the flag of a country that is not a party 
H. R. 3619—122 

to the Convention, may demonstrate compliance with this title 

through other appropriate documentation considered acceptable by 

the Secretary. 

SEC. 1022. DECLARATION. 

(a) REQUIREMENTS.—On entry into force of the Convention for 

the United States, a vessel of at least 24 meters in length, but 

less than 400 gross tons engaged on an international voyage (except 

fixed or floating platforms, FSUs, and FPSOs) must carry a declaration described in subsection (b) that is signed by the owner or 

owner’s authorized agent. That declaration shall be accompanied 

by appropriate documentation, such as a paint receipt or a contractor invoice, or contain an appropriate endorsement. 

(b) CONTENT OF DECLARATION.—The declaration must contain 

a clear statement that the antifouling system on the vessel complies 

with the Convention. The Secretary may prescribe the form and 

other requirements of the declaration. 

SEC. 1023. OTHER COMPLIANCE DOCUMENTATION. 

In addition to the requirements under sections 1021 and 1022, 

the Secretary may require vessels to hold other documentation 

considered necessary to verify compliance with this title. 

SEC. 1024. PROCESS FOR CONSIDERING ADDITIONAL CONTROLS. 

(a) ACTIONS BY ADMINISTRATOR.—The Administrator may— 

(1) participate in the technical group described in Article 

7 of the Convention, and in any other body convened pursuant 

to the Convention for the consideration of new or additional 

controls on antifouling systems; 

(2) evaluate any risks of adverse effects on nontarget organisms or human health presented by a given antifouling system 

such that the amendment of annex 1 of the Convention may 

be warranted; 

(3) undertake an assessment of relevant environmental, 

technical, and economic considerations necessary to evaluate 

any proposals for new or additional controls of antifouling systems under the Convention, including benefits in the United 

States and elsewhere associated with the production and use 

in the United States and elsewhere, of the subject antifouling 

system; and 

(4) develop recommendations based on that assessment. 

(b) REFERRALS TO TECHNICAL GROUP.— 

(1) CONVENING OF SHIPPING COORDINATING COMMITTEE.— 

On referral of any antifouling system to the technical group 

described in article 7 of the Convention for consideration of 

new or additional controls, the Secretary of State shall convene 

a public meeting of the Shipping Coordinating Committee for 

the purpose of receiving information and comments regarding 

controls on such antifouling system. The Secretary of State 

shall publish advance notice of such meeting in the Federal 

Register and on the State Department’s Web site. The Administrator shall assemble and maintain a public docket containing 

notices pertaining to that meeting, any comments responding 

to those notices, the minutes of that meeting, and materials 

presented at that meeting. 

(2) REPORT BY TECHNICAL GROUP.—The Administrator shall 

promptly make any report by the technical group described 

in the Convention available to the public through the docket 
H. R. 3619—123 

established pursuant to subsection (b) and announce the availability of that report in the Federal Register. The Administrator 

shall provide an opportunity for public comment on the report 

for a period of not less than 30 days from the time the availability of the report is announced in the Federal Register. 

(3) CONSIDERATION OF COMMENTS.—To the extent practicable, the Administrator shall take any comments into consideration in developing recommendations under subsection (a). 

SEC. 1025. SCIENTIFIC AND TECHNICAL RESEARCH AND MONITORING; 

COMMUNICATION AND INFORMATION. 

The Secretary, the Administrator, and the Administrator of 

the National Oceanic and Atmospheric Administration may each 

undertake scientific and technical research and monitoring pursuant to article 8 of the Convention and to promote the availability 

of relevant information concerning— 

(1) scientific and technical activities undertaken in accordance with the Convention; 

(2) marine scientific and technological programs and their 

objectives; and 

(3) the effects observed from any monitoring and assessment programs relating to antifouling systems. 

SEC. 1026. COMMUNICATION AND EXCHANGE OF INFORMATION. 

(a) IN GENERAL.—Except as provided in subsection (b), with 

respect to those antifouling systems regulated by the Administrator, 

the Administrator shall provide to any party to the Convention 

that requests it, relevant information on which the decision to 

regulate was based, including information provided for in annex 

3 to the Convention, or other information suitable for making an 

appropriate evaluation of the antifouling system. 

(b) LIMITATION.—This section shall not be construed to 

authorize the provision of information the disclosure of which is 

otherwise prohibited by law. 

Subtitle C—Prohibitions and Enforcement 

Authority 

SEC. 1031. PROHIBITIONS. 

(a) IN GENERAL.—Notwithstanding any other provision of law, 

it is unlawful for any person— 

(1) to act in violation of this title, or any regulation prescribed under this title; 

(2) to sell or distribute in domestic or international commerce organotin or an antifouling system containing organotin; 

(3) to manufacture, process, or use organotin to formulate 

an antifouling system; 

(4) to apply an antifouling system containing organotin 

on any vessel to which this title applies; or 

(5) after the Convention enters into force for the United 

States, to apply or otherwise use in a manner inconsistent 

with the Convention, an antifouling system on any vessel that 

is subject to this title. 

(b) VESSEL HULLS.—Except as provided in subsection (c), no 

vessel shall bear on its hull or outer surface any antifouling system 

containing organotin, regardless of when such system was applied, 
H. R. 3619—124 

unless that vessel bears an overcoating which forms a barrier 

to organotin leaching from the underlying antifouling system. 

(c) LIMITATIONS.— (1) EXCEPTED VESSEL.—Subsection (b) does not apply to 

fixed or floating platforms, FSUs, or FPSOs that were constructed prior to January 1, 2003, and that have not been 

in dry dock on or after that date. 

(2) SALE, MANUFACTURE, ETC.—This section does not apply 

to— 

(A) the sale, distribution, or use pursuant to any agreement between the Administrator and any person that 

results in an earlier prohibition or cancellation date than 

specified in this title; or 

(B) the manufacture, processing, formulation, sale, distribution, or use of organotin or antifouling systems containing organotin used or intended for use only for sonar 

domes or in conductivity sensors in oceanographic 

instruments. 

SEC. 1032. INVESTIGATIONS AND INSPECTIONS BY SECRETARY. 

(a) IN GENERAL.—The Secretary may conduct investigations 

and inspections regarding a vessel’s compliance with this title or 

the Convention. 

(b) VIOLATIONS; SUBPOENAS.— (1) IN GENERAL.—In any investigation under this section, 

the Secretary may issue a subpoena to require the attendance 

of a witness or the production of documents or other evidence 

if— 

(A) before the issuance of the subpoena, the Secretary 

requests a determination by the Attorney General of the 

United States as to whether the subpoena will interfere 

with a criminal investigation; and 

(B) the Attorney General— 

(i) determines that the subpoena will not interfere 

with a criminal investigation; or 

(ii) fails to make a determination under clause 

(i) before the date that is 30 days after the date on 

which the Secretary makes a request under subparagraph (A). 

(2) ENFORCEMENT.—In the case of refusal to obey a subpoena issued to any person under this subsection, the Secretary 

may request the Attorney General to invoke the aid of the 

appropriate district court of the United States to compel compliance. 

(c) FURTHER ACTION.—On completion of an investigation, the 

Secretary may take whatever further action the Secretary considers 

appropriate under the Convention or this title. 

(d) COOPERATION.—The Secretary may cooperate with other 

parties to the Convention in the detection of violations and in 

enforcement of the Convention. Nothing in this section affects or 

alters requirements under any other laws. 

SEC. 1033. EPA ENFORCEMENT. 

(a) INSPECTIONS, SUBPOENAS.— 

(1) IN GENERAL.—For purposes of enforcing this title or 

any regulation prescribed under this title, officers or employees 

of the Environmental Protection Agency or of any State designated by the Administrator may enter at reasonable times 
H. R. 3619—125 

any location where there is being held or may be held organotin 

or any other substance or antifouling system regulated under 

the Convention, for the purpose of inspecting and obtaining 

samples of any containers or labeling for organotin or other 

substance or system regulated under the Convention. 

(2) SUBPOENAS.— 

(A) IN GENERAL.—In any investigation under this section, the Administrator may issue a subpoena to require 

the attendance of a witness or the production of documents 

or other evidence if— 

(i) before the issuance of the subpoena, the 

Administrator requests a determination by the 

Attorney General of the United States as to whether 

the subpoena will interfere with a criminal investigation; and 

(ii) the Attorney General— 

(I) determines that the subpoena will not 

interfere with a criminal investigation; or 

(II) fails to make a determination under subclause (I) before the date that is 30 days after 

the date on which the Administrator makes a 

request under clause (i). 

(B) ENFORCEMENT.—In the case of refusal to obey a 

subpoena issued to any person under this paragraph, the 

Administrator may request the Attorney General to invoke 

the aid of the appropriate district court of the United 

States to compel compliance. 

(b) STOP MANUFACTURE, SALE, USE, OR REMOVAL ORDERS.— Consistent with section 1013, whenever any organotin or other 

substance or system regulated under the Convention is found by 

the Administrator and there is reason to believe that a manufacturer, seller, distributor, or user has violated or is in violation 

of any provision of this title, or that such organotin or other substance or system regulated under the Convention has been or is 

intended to be manufactured, distributed, sold, or used in violation 

of this title, the Administrator may issue a stop manufacture, 

sale, use, or removal order to any person that owns, controls, 

or has custody of such organotin or other substance or system 

regulated under the Convention. After receipt of that order the 

person may not manufacture, sell, distribute, use, or remove the 

organotin or other substance or system regulated under the Convention described in the order except in accordance with the order. 

SEC. 1034. ADDITIONAL AUTHORITY OF THE ADMINISTRATOR. 

The Administrator, in consultation with the Secretary, may 

establish, as necessary, terms and conditions regarding the removal 

and disposal of antifouling systems prohibited or restricted under 

this title. 

Subtitle D—Action on Violation, Penalties, 

and Referrals 

SEC. 1041. CRIMINAL ENFORCEMENT. 

Any person who knowingly violates paragraph (2), (3), (4), 

or (5) of section 1031(a) or section 1031(b) shall be fined under 
H. R. 3619—126 

title 18, United States Code, or imprisoned not more than 6 years, 

or both. 

SEC. 1042. CIVIL ENFORCEMENT. 

(a) CIVIL PENALTY.— 

(1) IN GENERAL.—Any person who is found by the Secretary 

or the Administrator, as appropriate, after notice and an opportunity for a hearing, to have— 

(A) violated the Convention, this title, or any regulation 

prescribed under this title, is liable to the United States 

Government for a civil penalty of not more than $37,500 

for each violation; or 

(B) made a false, fictitious, or fraudulent statement 

or representation in any matter in which a statement or 

representation is required to be made to the Secretary 

under the Convention, this title, or any regulations prescribed under this title, is liable to the United States for 

a civil penalty of not more than $50,000 for each such 

statement or representation. 

(2) RELATIONSHIP TO OTHER LAW.—This subsection shall 

not limit or affect the authority of the Government under 

section 1001 of title 18, United States Code. 

(b) ASSESSMENT OF PENALTY.—The amount of the civil penalty 

shall be assessed by the Secretary or Administrator, as appropriate, 

by written notice. 

(c) LIMITATION FOR RECREATIONAL VESSEL.—A civil penalty 

imposed under subsection (a) against the owner or operator of 

a recreational vessel, as that term is defined in section 2101 of 

title 46, United States Code, for a violation of the Convention, 

this title, or any regulation prescribed under this title involving 

that recreational vessel, may not exceed $5,000 for each violation. 

(d) DETERMINATION OF PENALTY.—For purposes of penalties 

under this section, each day of a continuing violation constitutes 

a separate violation. In determining the amount of the penalty, 

the Secretary or Administrator shall take into account the nature, 

circumstances, extent, and gravity of the prohibited acts committed 

and, with respect to the violator, the degree of culpability, any 

history of prior offenses, the economic impact of the penalty on 

the violator, the economic benefit to the violator and other matters 

as justice may require. 

(e) REWARD.—An amount equal to not more than one-half of 

any civil penalty assessed by the Secretary or Administrator under 

this section may, subject to the availability of appropriations, be 

paid by the Secretary or Administrator, respectively, to any person 

who provided information that led to the assessment or imposition 

of the penalty. 

(f) REFERRAL TO ATTORNEY GENERAL.—If any person fails to 

pay a civil penalty assessed under this section after it has become 

final, or comply with an order issued under this title, the Secretary 

or Administrator, as appropriate, may refer the matter to the 

Attorney General of the United States for collection in any appropriate district court of the United States. 

(g) COMPROMISE, MODIFICATION, OR REMISSION.—Before referring any civil penalty that is subject to assessment or has been 

assessed under this section to the Attorney General, the Secretary, 

or Administrator, as appropriate, may compromise, modify, or remit, 

with or without conditions, the civil penalty. 
H. R. 3619—127 

(h) NONPAYMENT PENALTY.—Any person who fails to pay on 

a timely basis a civil penalty assessed under this section shall 

also be liable to the United States for interest on the penalty 

at an annual rate equal to 11 percent compounded quarterly, 

attorney fees and costs for collection proceedings, and a quarterly 

nonpayment penalty for each quarter during which such failure 

to pay persists. That nonpayment penalty shall be in an amount 

equal to 20 percent of the aggregate amount of that person’s penalties and nonpayment penalties that are unpaid as of the beginning 

of that quarter. 

SEC. 1043. LIABILITY IN REM. 

A vessel operated in violation of the Convention, this title, 

or any regulation prescribed under this title, is liable in rem for 

any fine imposed under section 18, United States Code, or civil 

penalty assessed pursuant to section 1042, and may be proceeded 

against in the United States district court of any district in which 

the vessel may be found. 

SEC. 1044. VESSEL CLEARANCE OR PERMITS; REFUSAL OR REVOCATION; BOND OR OTHER SURETY. 

If any vessel that is subject to the Convention or this title, 

or its owner, operator, or person in charge, is liable for a fine 

or civil penalty under section 1042 or 1043, or if reasonable cause 

exists to believe that the vessel, its owner, operator, or person 

in charge may be subject to a fine or civil penalty under section 

1042 or 1043, the Secretary may refuse or revoke the clearance 

required by section 60105 of title 46, United States Code. Clearance 

may be granted upon the filing of a bond or other surety satisfaction 

to the Secretary. 

SEC. 1045. WARNINGS, DETENTIONS, DISMISSALS, EXCLUSION. 

(a) IN GENERAL.—If a vessel is detected to be in violation 

of the Convention, this title, or any regulation prescribed under 

this title, the Secretary may warn, detain, dismiss, or exclude 

the vessel from any port or offshore terminal under the jurisdiction 

of the United States. 

(b) NOTIFICATIONS.—If action is taken under subsection (a), 

the Secretary, in consultation with the Secretary of State, shall 

make the notifications required by the Convention. 

SEC. 1046. REFERRALS FOR APPROPRIATE ACTION BY FOREIGN 

COUNTRY. 

Notwithstanding sections 1041, 1042, 1043, and 1045, if a violation of the Convention is committed by a vessel registered in or 

of the nationality of a country that is a party to the Convention, 

or by a vessel operated under the authority of a country that 

is a party to the Convention, the Secretary, acting in coordination 

with the Secretary of State, may refer the matter to the government 

of the country of the vessel’s registry or nationality, or under 

whose authority the vessel is operating, for appropriate action, 

rather than taking the actions otherwise required or authorized 

by this subtitle. 

SEC. 1047. REMEDIES NOT AFFECTED. 

(a) IN GENERAL.—Nothing in this title limits, denies, amends, 

modifies, or repeals any other remedy available to the United States. 
H. R. 3619—128 

(b) RELATIONSHIP TO STATE AND LOCAL LAW.—Nothing in this 

title limits, denies, amends, modifies, or repeals any rights under 

existing law, of any State, territory, or possession of the United 

States, or any political subdivision thereof, to regulate any 

antifouling system. Compliance with the requirements of a State, 

territory, or possession of the United States, or political subdivision 

thereof related to antifouling paint or any other antifouling system 

does not relieve any person of the obligation to comply with this 

title. 

SEC. 1048. REPEAL. 

The Organotin Antifouling Paint Control Act of 1988 (33 U.S.C. 

2401 et seq.) is repealed. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.