In the Senate of the United States, 

May 7, 2010. 

Resolved, That the bill from the House of Representatives (H.R. 3619) entitled ‘‘An Act to authorize appropriations for the Coast Guard for fiscal year 2010, and for other 

purposes.’’, do pass with the following 

AMENDMENT: 

Strike out all after the enacting clause and insert: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Coast Guard Authoriza3 tion Act for Fiscal Years 2010 and 2011’’. 

4 SEC. 2. TABLE OF CONTENTS. 

5 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—AUTHORIZATIONS 

Sec. 101. Authorization of appropriations. 

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

TITLE II—ADMINISTRATION 

Sec. 201. Authority to distribute funds through grants, cooperative agreements, 

and contracts to maritime authorities and organizations. 

Sec. 202. Assistance to foreign governments and maritime authorities. 

Sec. 203. Cooperative agreements for industrial activities. 
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Sec. 204. Defining Coast Guard vessels and aircraft. 

TITLE III—ORGANIZATION 

Sec. 301. Vice commandant; vice admirals. 

Sec. 302. Number and distribution of commissioned officers on the active duty 

promotion list. 

TITLE IV—PERSONNEL 

Sec. 401. Leave retention authority. 

Sec. 402. Legal assistance for Coast Guard reservists. 

Sec. 403. Reimbursement for certain medical-related expenses. 

Sec. 404. Reserve commissioned warrant officer to lieutenant program. 

Sec. 405. Enhanced status quo officer promotion system. 

Sec. 406. Appointment of civilian Coast Guard judges. 

Sec. 407. Coast Guard participation in the Armed Forces Retirement Home system. 

Sec. 408. Crew wages on passenger vessels. 

Sec. 409. Protection and fair treatment of seafarers. 

TITLE V—ACQUISITION REFORM 

Sec. 501. Chief Acquisition Officer. 

Sec. 502. Acquisitions. 

‘‘CHAPTER 15—ACQUISITIONS 

‘‘SUBCHAPTER 1—GENERAL PROVISIONS

‘‘Sec. 

‘‘561. Acquisition directorate 

‘‘562. Senior acquisition leadership team 

‘‘563. Improvements in Coast Guard acquisition management 

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

‘‘565. Prohibition on use of lead systems integrators 

‘‘566. Required contract terms 

‘‘567. Department of Defense consultation 

‘‘568. Undefinitized contractual actions 

‘‘SUBCHAPTER 2—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 

‘‘SUBCHAPTER 3—DEFINITIONS

‘‘Sec. 

‘‘581. Definitions’’ 

Sec. 503. Report and guidance on excess pass-through charges. 

TITLE VI—SHIPPING AND NAVIGATION 

Sec. 601. Technical amendments to chapter 313 of title 46, United States Code. 
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Sec. 602. Clarification of rulemaking authority. 

Sec. 603. Icebreakers. 

Sec. 604. Phaseout of vessels supporting oil and gas development. 

TITLE VII—VESSEL CONVEYANCE 

Sec. 701. Short title. 

Sec. 702. Conveyance of Coast Guard vessels for public purposes. 

TITLE VIII—OIL POLLUTION PREVENTION 

Sec. 801. Rulemakings. 

Sec. 802. Oil transfers from vessels. 

Sec. 803. Improvements to reduce human error and near miss incidents. 

Sec. 804. Olympic coast national marine sanctuary. 

Sec. 805. Prevention of small oil spills. 

Sec. 806. Improved coordination with tribal governments. 

Sec. 807. Report on availability of technology to detect the loss of oil. 

Sec. 808. Use of oil spill liability trust fund. 

Sec. 809. International efforts on enforcement. 

Sec. 810. Higher volume port area regulatory definition change. 

Sec. 811. Tug escorts for laden oil tankers. 

Sec. 812. Extension of financial responsibility. 

Sec. 813. Oil spill liability trust fund investment amount. 

Sec. 814. Liability for use of single-hull vessels. 

TITLE IX—MISCELLANEOUS PROVISIONS 

Sec. 901. Vessel determination. 

Sec. 902. Conveyance of the Presque Isle Light Station Fresnel Lens to Presque 

Isle Township, Michigan. 

Sec. 903. Land conveyance, Coast Guard property in Marquette County, Michigan, to the city of Marquette, Michigan. 

Sec. 904. Offshore supply vessels. 

Sec. 905. Assessment of certain aids to navigation and traffic flow. 

Sec. 906. Alternative licensing program for operators of uninspected passenger 

vessels on Lake Texoma in Texas and Oklahoma. 

TITLE X—BUDGETARY EFFECTS 

Sec. 1001. Budgetary effects. 

1 TITLE I—AUTHORIZATIONS 

2 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

3 Funds are authorized to be appropriated for necessary 

4 expenses of the Coast Guard for each of fiscal years 2010 

5 and 2011 as follows: 

6 (1) For the operation and maintenance of the 

7 Coast Guard, $6,556,188,000, of which $24,500,000 is 
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1 authorized to be derived from the Oil Spill Liability 

2 Trust Fund to carry out the purposes of section 

3 1012(a)(5) of the Oil Pollution Act of 1990. 

4 (2) For the acquisition, construction, renovation, 

5 and improvement of aids to navigation, shore and off6 shore facilities, vessels, and aircraft, including equip7 ment related thereto, $1,383,980,000, of which 

8 $20,000,000 shall be derived from the Oil Spill Li9 ability Trust Fund to carry out the purposes of sec10 tion 1012(a)(5) of the Oil Pollution Act of 1990, to 

11 remain available until expended; such funds appro12 priated for personnel compensation and benefits and 

13 related costs of acquisition, construction, and im14 provements shall be available for procurement of serv15 ices necessary to carry out the Integrated Deepwater 

16 Systems program. 

17 (3) For retired pay (including the payment of 

18 obligations otherwise chargeable to lapsed appropria19 tions for this purpose), payments under the Retired 

20 Serviceman’s Family Protection and Survivor Benefit 

21 Plans, and payments for medical care of retired per22 sonnel and their dependents under chapter 55 of title 

23 10, United States Code, $1,361,245,000. 
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1 (4) For environmental compliance and restora2 tion functions under chapter 19 of title 14, United 

3 States Code, $13,198,000. 

4 (5) For research, development, test, and evalua5 tion programs related to maritime technology, 

6 $19,745,000. 

7 (6) For operation and maintenance of the Coast 

8 Guard reserve program, $133,632,000. 

9 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 

10 AND TRAINING. 

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

12 authorized an end-of-year strength of active duty personnel 

13 of 49,954 as of September 30, 2010, and 52,452 as of Sep14 tember 30, 2011. 

15 (b) MILITARY TRAINING STUDENT LOADS.—The Coast 

16 Guard is authorized average military training student 

17 loads as follows: 

18 (1) For recruit and special training, 2,500 stu19 dent years for fiscal year 2010, and 2,625 student 

20 years for fiscal year 2011. 

21 (2) For flight training, 170 student years for fis22 cal year 2010 and 179 student years for fiscal year 

23 2011. 
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1 (3) For professional training in military and ci2 vilian institutions, 350 student years for fiscal year 

3 2010 and 368 student years for fiscal year 2011. 

4 (4) For officer acquisition, 1,300 student years 

5 for fiscal year 2010 and 1,365 student years for fiscal 

6 year 2011. 

7 TITLE II—ADMINISTRATION 

8 SEC. 201. AUTHORITY TO DISTRIBUTE FUNDS THROUGH 

9 GRANTS, COOPERATIVE AGREEMENTS, AND 

10 CONTRACTS TO MARITIME AUTHORITIES AND 

11 ORGANIZATIONS. 

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

13 by adding at the end the following: 

14 ‘‘(c) GRANTS TO INTERNATIONAL MARITIME ORGANI15 ZATIONS.—The Commandant may, after consultation with 

16 the Secretary of State, make grants to, or enter into cooper17 ative agreements, contracts, or other agreements with, inter18 national maritime organizations for the purpose of acquir19 ing information or data about merchant vessel inspections, 

20 security, safety and environmental requirements, classifica21 tion, and port state or flag state law enforcement or over22 sight.’’. 
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1 SEC. 202. ASSISTANCE TO FOREIGN GOVERNMENTS AND 

2 MARITIME AUTHORITIES. 

3 Section 149 of title 14, United States Code, as amend4 ed by section 201, is further amended by adding at the end 

5 the following: 

6 ‘‘(d) AUTHORIZED ACTIVITIES.— 

7 ‘‘(1) The Commandant may transfer or expend 

8 funds from any appropriation available to the Coast 

9 Guard for— 

10 ‘‘(A) the activities of traveling contact 

11 teams, including any transportation expense, 

12 translation services expense, or administrative 

13 expense that is related to such activities; 

14 ‘‘(B) the activities of maritime authority li15 aison teams of foreign governments making re16 ciprocal visits to Coast Guard units, including 

17 any transportation expense, translation services 

18 expense, or administrative expense that is related 

19 to such activities; 

20 ‘‘(C) seminars and conferences involving 

21 members of maritime authorities of foreign gov22 ernments; 

23 ‘‘(D) distribution of publications pertinent 

24 to engagement with maritime authorities of for25 eign governments; and 
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1 ‘‘(E) personnel expenses for Coast Guard ci2 vilian and military personnel to the extent that 

3 those expenses relate to participation in an ac4 tivity described in subparagraph (C) or (D). 

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

6 this subsection with a foreign country unless the Sec7 retary of State approves the conduct of such activity 

8 in that foreign country.’’. 

9 SEC. 203. COOPERATIVE AGREEMENTS FOR INDUSTRIAL AC10 TIVITIES. 

11 Section 151 of title 14, United States Code, is amend12 ed— 

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

14 ‘‘All orders’’; and 

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

16 ‘‘(b) ORDERS AND AGREEMENTS FOR INDUSTRIAL AC17 TIVITIES.—Under this section, the Coast Guard industrial 

18 activities may accept orders and enter into reimbursable 

19 agreements with establishments, agencies, and departments 

20 of the Department of Defense and the Department of Home21 land Security.’’. 
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1 SEC. 204. DEFINING COAST GUARD VESSELS AND AIR2 CRAFT. 

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

4 States Code, is amended by inserting after section 638 the 

5 following new section: 

6 ‘‘§ 638a. Coast Guard vessels and aircraft defined 

7 ‘‘For the purposes of sections 637 and 638 of this title, 

8 the term Coast Guard vessels and aircraft means— 

9 ‘‘(1) any vessel or aircraft owned, leased, trans10 ferred to, or operated by the Coast Guard and under 

11 the command of a Coast Guard member; or 

12 ‘‘(2) any other vessel or aircraft under the tac13 tical control of the Coast Guard on which one or more 

14 members of the Coast Guard are assigned and con15 ducting Coast Guard missions.’’. 

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

17 chapter 17 of such title is amended by inserting after the 

18 item relating to section 638 the following: 

‘‘638a. Coast Guard vessels and aircraft defined.’’. 

19 TITLE III—ORGANIZATION 

20 SEC. 301. VICE COMMANDANT; VICE ADMIRALS. 

21 (a) VICE COMMANDANT.— 

22 (1) Section 41 of title 14, United States Code, is 

23 amended by striking ‘‘an admiral,’’ and inserting 

24 ‘‘admirals,’’. 
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1 (2) The fourth sentence of section 47 of title 14, 

2 United States Code, is amended by striking ‘‘vice ad3 miral’’ and inserting ‘‘admiral’’. 

4 (b) VICE ADMIRALS.—Section 50 of such title is 

5 amended to read as follows: 

6 ‘‘§ 50. Vice admirals 

7 ‘‘(a)(1) The President may designate no more than 4 

8 positions of importance and responsibility that shall be held 

9 by officers who— 

10 ‘‘(A) while so serving, shall have the grade of vice 

11 admiral, with the pay and allowances of that grade; 

12 and 

13 ‘‘(B) shall perform such duties as the Com14 mandant may prescribe. 

15 ‘‘(2) The President may appoint, by and with the ad16 vice and consent of the Senate, and reappoint, by and with 

17 the advice and consent of the Senate, to any such position 

18 an officer of the Coast Guard who is serving on active duty 

19 above the grade of captain. The Commandant shall make 

20 recommendations for such appointments. 

21 ‘‘(b)(1) The appointment and the grade of vice admiral 

22 shall be effective on the date the officer assumes that duty 

23 and, except as provided in paragraph (2) of this subsection 

24 or in section 51(d) of this title, shall terminate on the date 

25 the officer is detached from that duty. 
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1 ‘‘(2) An officer who is appointed to a position des2 ignated under subsection (a) shall continue to hold the 

3 grade of vice admiral— 

4 ‘‘(A) while under orders transferring the officer 

5 to another position designated under subsection (a), 

6 beginning on the date the officer is detached from that 

7 duty and terminating on the date before the day the 

8 officer assumes the subsequent duty, but not for more 

9 than 60 days; 

10 ‘‘(B) while hospitalized, beginning on the day of 

11 the hospitalization and ending on the day the officer 

12 is discharged from the hospital, but not for more than 

13 180 days; and 

14 ‘‘(C) while awaiting retirement, beginning on the 

15 date the officer is detached from duty and ending on 

16 the day before the officer’s retirement, but not for 

17 more than 60 days. 

18 ‘‘(c)(1) An appointment of an officer under subsection 

19 (a) does not vacate the permanent grade held by the officer. 

20 ‘‘(2) An officer serving in a grade above rear admiral 

21 who holds the permanent grade of rear admiral (lower half) 

22 shall be considered for promotion to the permanent grade 

23 of rear admiral as if the officer was serving in the officer’s 

24 permanent grade. 
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1 ‘‘(d) Whenever a vacancy occurs in a position des2 ignated under subsection (a), the Commandant shall inform 

3 the President of the qualifications needed by an officer serv4 ing in that position or office to carry out effectively the 

5 duties and responsibilities of that position or office.’’. 

6 (c) REPEAL.—Section 50a of such title is repealed. 

7 (d) CONFORMING AMENDMENTS.—Section 51 of such 

8 title is amended— 

9 (1) by striking subsections (a), (b), and (c) and 

10 inserting the following: 

11 ‘‘(a) An officer, other than the Commandant, who, 

12 while serving in the grade of admiral or vice admiral, is 

13 retired for physical disability shall be placed on the retired 

14 list with the highest grade in which that officer served. 

15 ‘‘(b) An officer, other than the Commandant, who is 

16 retired while serving in the grade of admiral or vice admiral, or who, after serving at least 21 17 ⁄2 years in the grade 

18 of admiral or vice admiral, is retired while serving in a 

19 lower grade, may in the discretion of the President, be re20 tired with the highest grade in which that officer served. 

21 ‘‘(c) An officer, other than the Commandant, who, after 

serving less than 21 22 ⁄2 years in the grade of admiral or vice 

23 admiral, is retired while serving in a lower grade, shall 

24 be retired in his permanent grade.’’; and 
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1 (2) by striking ‘‘Area Commander, or Chief of 

2 Staff’’ in subsection (d)(2) and inserting ‘‘or Vice Ad3 miral’’. 

4 (e) CONTINUITY OF GRADE.—Section 52 of title 14, 

5 United States Code, is amended by inserting ‘‘or admiral’’ 

6 after ‘‘vice admiral’’ the first place it appears. 

7 (f) CONTINUATION ON ACTIVE DUTY.—The second sen8 tence of section 290(a) of title 14, United States Code, is 

9 amended to read as follows: ‘‘Officers, other than the Com10 mandant, serving for the time being or who have served in 

11 the grade of vice admiral or admiral are not subject to con12 sideration for continuation under this subsection, and as 

13 to all other provisions of this section shall be considered 

14 as having been continued at the grade of rear admiral.’’. 

15 (g) CLERICAL AMENDMENTS.— 

16 (1) The section caption for section 47 of such 

17 title is amended to read as follows: 

18 ‘‘§ 47. Vice commandant; appointment’’. 

19 (2) The section caption for section 52 of title 14, 

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

21 ‘‘§ 52. Vice admirals and admiral, continuity of 

22 grade’’. 

23 (3) The table of contents for chapter 3 of such 

24 title is amended— 
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1 (A) by striking the item relating to section 

2 47 and inserting the following: 

‘‘47. Vice Commandant; appointment.’’; 

3 (B) by striking the item relating to section 

4 50a; 

5 (C) by striking the item relating to section 

6 50 and inserting the following: 

‘‘50. Vice admirals.’’; and 

7 (D) by striking the item relating to section 

8 52 and inserting the following: 

‘‘52. Vice admirals and admiral, continuity of grade.’’. 

9 (h) TECHNICAL CORRECTION.—Section 47 of such title 

10 is further amended by striking ‘‘subsection’’ in the fifth sen11 tence and inserting ‘‘section’’. 

12 (i) TREATMENT OF INCUMBENTS; TRANSITION.— 

13 (1) Notwithstanding any other provision of law, 

14 the officer who, on the date of enactment of this Act, 

15 is serving as Vice Commandant— 

16 (A) shall continue to serve as Vice Com17 mandant; 

18 (B) shall have the grade of admiral with 

19 pay and allowances of that grade; and 

20 (C) shall not be required to be reappointed 

21 by reason of the enactment of that Act. 

22 (2) Notwithstanding any other provision of law, 

23 an officer who, on the date of enactment of this Act, 
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1 is serving as Chief of Staff, Commander, Atlantic 

2 Area, or Commander, Pacific Area— 

3 (A) shall continue to have the grade of vice 

4 admiral with pay and allowance of that grade 

5 until such time that the officer is relieved of his 

6 duties and appointed and confirmed to another 

7 position as a vice admiral or admiral; or 

8 (B) for the purposes of transition, may con9 tinue at the grade of vice admiral with pay and 

10 allowance of that grade, for not more than 1 

11 year after the date of enactment of this Act, to 

12 perform the duties of the officer’s former position 

13 and any other such duties that the Commandant 

14 prescribes. 

15 SEC. 302. NUMBER AND DISTRIBUTION OF COMMISSIONED 

16 OFFICERS ON THE ACTIVE DUTY PROMOTION 

17 LIST. 

18 (a) IN GENERAL.—Section 42 of title 14, United 

19 States Code, is amended— 

20 (1) by striking subsections (a), (b), and (c) and 

21 inserting the following: 

22 ‘‘(a) The total number of Coast Guard commissioned 

23 officers on the active duty promotion list, excluding war24 rant officers, shall not exceed 7,200. This total number may 

25 be temporarily increased up to 2 percent for no more than 
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1 the 60 days that follow the commissioning of a Coast Guard 

2 Academy class. 

3 ‘‘(b) The total number of commissioned officers author4 ized by this section shall be distributed in grade not to ex5 ceed the following percentages: 

6 ‘‘(1) 0.375 percent for rear admiral. 

7 ‘‘(2) 0.375 percent for rear admiral (lower half). 

8 ‘‘(3) 6.0 percent for captain. 

9 ‘‘(4) 15.0 percent for commander. 

10 ‘‘(5) 22.0 percent for lieutenant commander. 

11 The Secretary shall prescribe the percentages applicable to 

12 the grades of lieutenant, lieutenant (junior grade), and en13 sign. The Secretary may, as the needs of the Coast Guard 

14 require, reduce any of the percentages set forth in para15 graphs (1) through (5) and apply that total percentage re16 duction to any other lower grade or combination of lower 

17 grades. 

18 ‘‘(c) The Secretary shall, at least once a year, compute 

19 the total number of commissioned officers authorized to 

20 serve in each grade by applying the grade distribution per21 centages of this section to the total number of commissioned 

22 officers listed on the current active duty promotion list. In 

23 making such calculations, any fraction shall be rounded to 

24 the nearest whole number. The number of commissioned of25 ficers on the active duty promotion list serving with other 
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1 departments or agencies on a reimbursable basis or excluded 

2 under the provisions of section 324(d) of title 49, shall not 

3 be counted against the total number of commissioned offi4 cers authorized to serve in each grade.’’; 

5 (2) by striking subsection (e) and inserting the 

6 following: 

7 ‘‘(e) The number of officers authorized to be serving 

8 on active duty in each grade of the permanent commis9 sioned teaching staff of the Coast Guard Academy and of 

10 the Reserve serving in connection with organizing, admin11 istering, recruiting, instructing, or training the reserve 

12 components shall be prescribed by the Secretary.’’; and 

13 (3) by striking the caption of such section and 

14 inserting the following: 

15 ‘‘§ 42. Number and distribution of commissioned offi16 cers on the active duty promotion list’’. 

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

18 chapter 3 of such title is amended by striking the item relat19 ing to section 42 and inserting the following: 

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

20 TITLE IV—PERSONNEL 

21 SEC. 401. LEAVE RETENTION AUTHORITY. 

22 Section 701(f)(2) of title 10, United States Code, is 

23 amended by inserting ‘‘or a declaration of a major disaster 

24 or emergency by the President under the Robert T. Stafford 
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1 Disaster Relief and Emergency Assistance Act (Public Law 

2 93–288, 42 U.S.C. 5121 et seq.)’’ after ‘‘operation’’. 

3 SEC. 402. LEGAL ASSISTANCE FOR COAST GUARD RESERV4 ISTS. 

5 Section 1044(a)(4) of title 10, United States Code, is 

6 amended— 

7 (1) by striking ‘‘(as determined by the Secretary 

8 of Defense),’’ and inserting ‘‘(as determined by the 

9 Secretary of Defense and the Secretary of the depart10 ment in which the Coast Guard is operating, with re11 spect to the Coast Guard when it is not operating as 

12 a service of the Navy),’’; and 

13 (2) by striking ‘‘prescribed by the Secretary of 

14 Defense,’’ and inserting ‘‘prescribed by Secretary of 

15 Defense and the Secretary of the department in which 

16 the Coast Guard is operating, with respect to the 

17 Coast Guard when it is not operating as a service of 

18 the Navy,’’. 

19 SEC. 403. REIMBURSEMENT FOR CERTAIN MEDICAL-RE20 LATED TRAVEL EXPENSES. 

21 Section 1074i(a) of title 10, United States Code, is 

22 amended— 

23 (1) by striking ‘‘IN GENERAL.—In’’ and insert24 ing ‘‘IN GENERAL.—(1) In’’; and 

25 (2) by adding at the end the following: 
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1 ‘‘(2) In any case in which a covered beneficiary resides 

2 on an INCONUS island that lacks public access roads to 

3 the mainland and is referred by a primary care physician 

4 to a specialty care provider on the mainland who provides 

5 services less than 100 miles from the location in which the 

6 beneficiary resides, the Secretary shall reimburse the rea7 sonable travel expenses of the covered beneficiary, and, when 

8 accompaniment by an adult is necessary, for a parent or 

9 guardian of the covered beneficiary or another member of 

10 the covered beneficiary’s family who is at least 21 years 

11 of age.’’. 

12 SEC. 404. RESERVE COMMISSIONED WARRANT OFFICER TO 

13 LIEUTENANT PROGRAM. 

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

15 amended to read as follows: 

16 ‘‘(a) The President may appoint temporary commis17 sioned officers— 

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

19 above lieutenant, appropriate to their qualifications, 

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

21 Coast Guard may require, from among the commis22 sioned warrant officers, warrant officers, and enlisted 

23 members of the Coast Guard, and from licensed offi24 cers of the United States merchant marine; and 
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1 ‘‘(2) in the Coast Guard Reserve in a grade, not 

2 above lieutenant, appropriate to their qualifications, 

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

4 Coast Guard may require, from among the commis5 sioned warrant officers of the Coast Guard Reserve.’’. 

6 SEC. 405. ENHANCED STATUS QUO OFFICER PROMOTION 

7 SYSTEM. 

8 (a) Section 253(a) of title 14, United States Code, is 

9 amended— 

10 (1) by inserting ‘‘and’’ after ‘‘considered,’’; and 

11 (2) by striking ‘‘consideration, and the number 

12 of officers the board may recommend for promotion’’ 

13 and inserting ‘‘consideration’’. 

14 (b) Section 258 of such title is amended— 

15 (1) by inserting ‘‘(a)’’ before ‘‘The Secretary’’; 

16 and 

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

18 ‘‘(b) In addition to the information provided pursuant 

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

20 board— 

21 ‘‘(1) specific direction relating to the needs of the 

22 service for officers having particular skills, including 

23 direction relating to the need for a minimum number 

24 of officers with particular skills within a specialty; 

25 and 
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1 ‘‘(2) such other guidance that the Secretary be2 lieves may be necessary to enable the board to prop3 erly perform its functions. 

4 Selections made based on the direction and guidance pro5 vided under this subsection shall not exceed the maximum 

6 percentage of officers who may be selected from below the 

7 announced promotion zone at any given selection board 

8 convened under section 251 of this title.’’. 

9 (c) Section 259(a) of such title is amended by striking 

10 ‘‘board’’ the second place it appears and inserting ‘‘board, 

11 giving due consideration to the needs of the service for offi12 cers with particular skills so noted in the specific direction 

13 furnished pursuant to section 258 of this title,’’. 

14 (d) Section 260(b) of such title is amended by inserting 

15 ‘‘to meet the needs of the service (as noted in the specific 

16 direction furnished the board under section 258 of this 

17 title)’’ after ‘‘qualified for promotion’’. 

18 SEC. 406. APPOINTMENT OF CIVILIAN COAST GUARD 

19 JUDGES. 

20 Section 875 of the Homeland Security Act of 2002 (6 

21 U.S.C. 455) is amended— 

22 (1) by redesignating subsection (c) as subsection 

23 (d); and 

24 (2) by inserting after subsection (b) the fol25 lowing: 
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1 ‘‘(c) APPOINTMENT OF JUDGES.—The Secretary may 

2 appoint civilian employees of the Department of Homeland 

3 Security as appellate military judges, available for assign4 ment to the Coast Guard Court of Criminal Appeals as pro5 vided for in section 866(a) of title 10, United States Code.’’. 

6 SEC. 407. COAST GUARD PARTICIPATION IN THE ARMED 

7 FORCES RETIREMENT HOME SYSTEM. 

8 (a) ELIGIBILITY UNDER THE ARMED FORCES RETIRE9 MENT HOME ACT.—Section 1502 of the Armed Forces Re10 tirement Home Act of 1991 (24 U.S.C. 401) is amended— 

11 (1) by striking ‘‘does not include the Coast 

12 Guard when it is not operating as a service of the 

13 Navy.’’ in paragraph (4) and inserting ‘‘has the 

14 meaning given such term in section 101(4) of title 

15 10.’’; 

16 (2) by striking ‘‘and’’ in paragraph (5)(C); 

17 (3) by striking ‘‘Affairs.’’ in paragraph (5)(D) 

18 and inserting ‘‘Affairs; and’’; 

19 (4) by adding at the end of paragraph (5) the 

20 following: 

21 ‘‘(E) the Assistant Commandant of the 

22 Coast Guard for Human Resources.’’; and 

23 (5) by adding at the end of paragraph (6) the 

24 following: 
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1 ‘‘(E) The Master Chief Petty Officer of the 

2 Coast Guard.’’. 

3 (b) DEDUCTIONS.— 

4 (1) Section 2772 of title 10, United States Code, 

5 is amended— 

6 (A) by striking ‘‘of the military depart7 ment’’ in subsection (a); 

8 (B) by striking ‘‘Armed Forces Retirement 

9 Home Board’’ in subsection (b) and inserting 

10 ‘‘Chief Operating Officer of the Armed Forces 

11 Retirement Home’’; and 

12 (C) by striking subsection (c). 

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

14 Code, is amended— 

15 (A) by striking ‘‘Armed Forces Retirement 

16 Home Board,’’ in paragraph (3) and inserting 

17 ‘‘Chief Operating Officer of the Armed Forces 

18 Retirement Home,’’; and 

19 (B) by striking ‘‘does not include the Coast 

20 Guard when it is not operating as a service of 

21 the Navy.’’ in paragraph (4) and inserting ‘‘has 

22 the meaning given such term in section 101(4) of 

23 title 10.’’. 
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1 (c) EFFECTIVE DATE.—The amendments made by this 

2 section shall take effect on the first day of the first pay pe3 riod beginning on or after January 1, 2010. 

4 SEC. 408. CREW WAGES ON PASSENGER VESSELS. 

5 (a) FOREIGN AND INTERCOASTAL VOYAGES.— 

6 (1) CAP ON PENALTY WAGES.—Section 10313(g) 

7 of title 46, United States Code, is amended— 

8 (A) by striking ‘‘When’’ and inserting ‘‘(1) 

9 Subject to paragraph (2), when’’; and 

10 (B) by adding at the end the following: 

11 ‘‘(2) The total amount required to be paid under para12 graph (1) with respect to all claims in a class action suit 

13 by seamen on a passenger vessel capable of carrying more 

14 than 500 passengers for wages under this section against 

15 a vessel master, owner, or operator or the employer of the 

16 seamen shall not exceed 10 times the unpaid wages that 

17 are the subject of the claims. 

18 ‘‘(3) A class action suit for wages under this subsection 

19 must be commenced within 3 years after the later of— 

20 ‘‘(A) the date of the end of the last voyage for 

21 which the wages are claimed; or 

22 ‘‘(B) the receipt, by a seaman who is a claimant 

23 in the suit, of a payment of wages that are the subject 

24 of the suit that is made in the ordinary course of em25 ployment.’’. 
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1 (2) DEPOSITS.—Section 10315 of such title is 

2 amended by adding at the end the following: 

3 ‘‘(f) DEPOSITS IN SEAMAN ACCOUNT.—By written re4 quest signed by the seaman, a seaman employed on a pas5 senger vessel capable of carrying more than 500 passengers 

6 may authorize the master, owner, or operator of the vessel, 

7 or the employer of the seaman, to make deposits of wages 

8 of the seaman into a checking, savings, investment, or re9 tirement account, or other account to secure a payroll or 

10 debit card for the seaman if— 

11 ‘‘(1) the wages designated by the seaman for such 

12 deposit are deposited in a United States or inter13 national financial institution designated by the sea14 man; 

15 ‘‘(2) such deposits in the financial institution 

16 are fully guaranteed under commonly accepted inter17 national standards by the government of the country 

18 in which the financial institution is licensed; 

19 ‘‘(3) a written wage statement or pay stub, in20 cluding an accounting of any direct deposit, is deliv21 ered to the seaman no less often than monthly; and 

22 ‘‘(4) while on board the vessel on which the sea23 man is employed, the seaman is able to arrange for 

24 withdrawal of all funds on deposit in the account in 

25 which the wages are deposited.’’. 
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1 (b) COASTWISE VOYAGES.— 

2 (1) CAP ON PENALTY WAGES.—Section 10504(c) 

3 of such title is amended— 

4 (A) by striking ‘‘When’’ and inserting ‘‘(1) 

5 Subject to subsection (d), and except as provided 

6 in paragraph (2), when’’; and 

7 (B) by adding at the end the following: 

8 ‘‘(2) The total amount required to be paid under para9 graph (1) with respect to all claims in a class action suit 

10 by seamen on a passenger vessel capable of carrying more 

11 than 500 passengers for wages under this section against 

12 a vessel master, owner, or operator or the employer of the 

13 seamen shall not exceed 10 times the unpaid wages that 

14 are the subject of the claims. 

15 ‘‘(3) A class action suit for wages under this subsection 

16 must be commenced within 3 years after the later of— 

17 ‘‘(A) the date of the end of the last voyage for 

18 which the wages are claimed; or 

19 ‘‘(B) the receipt, by a seaman who is a claimant 

20 in the suit, of a payment of wages that are the subject 

21 of the suit that is made in the ordinary course of em22 ployment.’’. 

23 (2) DEPOSITS.—Section 10504 of such title is 

24 amended by adding at the end the following: 
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HR 3619 EAS 

1 ‘‘(f) DEPOSITS IN SEAMAN ACCOUNT.—By written re2 quest signed by the seaman, a seaman employed on a pas3 senger vessel capable of carrying more than 500 passengers 

4 may authorize the master, owner, or operator of the vessel, 

5 or the employer of the seaman, to make deposits of wages 

6 of the seaman into a checking, savings, investment, or re7 tirement account, or other account to secure a payroll or 

8 debit card for the seaman if— 

9 ‘‘(1) the wages designated by the seaman for such 

10 deposit are deposited in a United States or inter11 national financial institution designated by the sea12 man; 

13 ‘‘(2) such deposits in the financial institution 

14 are fully guaranteed under commonly accepted inter15 national standards by the government of the country 

16 in which the financial institution is licensed; 

17 ‘‘(3) a written wage statement or pay stub, in18 cluding an accounting of any direct deposit, is deliv19 ered to the seaman no less often than monthly; and 

20 ‘‘(4) while on board the vessel on which the sea21 man is employed, the seaman is able to arrange for 

22 withdrawal of all funds on deposit in the account in 

23 which the wages are deposited.’’. 
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1 SEC. 409. PROTECTION AND FAIR TREATMENT OF SEA2 FARERS. 

3 (a) IN GENERAL.—Chapter 111 of title 46, United 

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

5 new section: 

6 ‘‘§ 11113. Protection and fair treatment of seafarers 

7 ‘‘(a) PURPOSE.—The purpose of this section is to en8 sure the protection and fair treatment of seafarers. 

9 ‘‘(b) FUND.— 

10 ‘‘(1) ESTABLISHMENT.—There is established in 

11 the Treasury a special fund known as the ‘Support of 

12 Seafarers Fund’. 

13 ‘‘(2) USE OF AMOUNTS IN FUND.—The amounts 

14 covered into the Fund shall be available to the Sec15 retary, without further appropriation and without 

16 fiscal year limitation, to— 

17 ‘‘(A) pay necessary support, pursuant to 

18 subsection (c)(1)(A) of this section; and 

19 ‘‘(B) reimburse a shipowner for necessary 

20 support, pursuant to subsection (c)(1)(B) of this 

21 section. 

22 ‘‘(3) AMOUNTS CREDITED TO FUND.—Notwith23 standing any other provision of law, the Fund may 

24 receive— 
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1 ‘‘(A) any moneys ordered to be paid to the 

2 Fund in the form of community service pursuant 

3 to section 3563(b) of title 18; 

4 ‘‘(B) amounts reimbursed or recovered pur5 suant to subsection (d) of this section; 

6 ‘‘(C) amounts appropriated to the Fund 

7 pursuant to subsection (g) of this section; and 

8 ‘‘(D) appropriations available to the Sec9 retary for transfer. 

10 ‘‘(4) PREREQUISITE FOR COMMUNITY SERVICE

11 CREDITS.—The Fund may receive credits pursuant to 

12 paragraph (3)(A) of this subsection only when the un13 obligated balance of the Fund is less than $5,000,000. 

14 ‘‘(5) REPORT REQUIRED.— 

15 ‘‘(A) Except as provided in subparagraph 

16 (B) of this paragraph, the Secretary shall not ob17 ligate any amount in the Fund in a given fiscal 

18 year unless the Secretary has submitted to Con19 gress, concurrent with the President’s budget sub20 mission for that fiscal year, a report that de21 scribes— 

22 ‘‘(i) the amounts credited to the Fund, 

23 pursuant to paragraph (3) of this sub24 section, for the preceding fiscal year; 
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1 ‘‘(ii) a detailed description of the ac2 tivities for which amounts were charged; 

3 and 

4 ‘‘(iii) the projected level of expenditures 

5 from the Fund for the coming fiscal year, 

6 based on— 

7 ‘‘(I) on-going activities; and 

8 ‘‘(II) new cases, derived from his9 toric data. 

10 ‘‘(B) The limitation in subparagraph (A) of 

11 this paragraph shall not apply to obligations 

12 during the first fiscal year during which 

13 amounts are credited to the Fund. 

14 ‘‘(6) FUND MANAGER.—The Secretary shall des15 ignate a Fund manager, who shall— 

16 ‘‘(A) ensure the visibility and account17 ability of transactions utilizing the Fund; 

18 ‘‘(B) prepare the report required by para19 graph (5); and 

20 ‘‘(C) monitor the unobligated balance of the 

21 Fund and provide notice to the Secretary and 

22 the Attorney General whenever the unobligated 

23 balance of the Fund is less than $5,000,000. 

24 ‘‘(c) IN GENERAL.— 
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1 ‘‘(1) AUTHORITY.—The Secretary is author2 ized— 

3 ‘‘(A) to pay, in whole or in part, without 

4 further appropriation and without fiscal year 

5 limitation, from amounts in the Fund, necessary 

6 support of— 

7 ‘‘(i) any seafarer who enters, remains, 

8 or has been paroled into the United States 

9 and is involved in an investigation, report10 ing, documentation, or adjudication of any 

11 matter that is related to the administration 

12 or enforcement of any treaty, law, or regu13 lation by the Coast Guard; and 

14 ‘‘(ii) any seafarer whom the Secretary 

15 finds to have been abandoned in the United 

16 States; and 

17 ‘‘(B) to reimburse, in whole or in part, 

18 without further appropriation and without fiscal 

19 year limitation, from amounts in the Fund, a 

20 shipowner, who has filed a bond or surety satis21 factory pursuant to subparagraph (A) and pro22 vided necessary support of a seafarer who has 

23 been paroled into the United States to facilitate 

24 an investigation, reporting, documentation, or 

25 adjudication of any matter that is related to the 
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1 administration or enforcement of any treaty, 

2 law, or regulation by the Coast Guard, for costs 

3 of necessary support, when the Secretary deems 

4 reimbursement necessary to avoid serious injus5 tice. 

6 ‘‘(2) LIMITATION.—Nothing in this section shall 

7 be construed— 

8 ‘‘(A) to create a right, benefit, or entitle9 ment to necessary support; or 

10 ‘‘(B) to compel the Secretary to pay, or re11 imburse the cost of, necessary support. 

12 ‘‘(d) REIMBURSEMENTS; RECOVERY.— 

13 ‘‘(1) IN GENERAL.—Any shipowner shall reim14 burse the Fund an amount equal to the total amount 

15 paid from the Fund for necessary support of the sea16 farer, plus a surcharge of 25 percent of such total 

17 amount if— 

18 ‘‘(A)(i) the shipowner, during the course of 

19 an investigation, reporting, documentation, or 

20 adjudication of any matter that the Coast Guard 

21 referred to a United States Attorney or the At22 torney General, fails to provide necessary sup23 port of a seafarer who has been paroled into the 

24 United States to facilitate the investigation, re25 porting, documentation, or adjudication; and 
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1 ‘‘(ii) a criminal penalty is subsequently im2 posed against the shipowner; or 

3 ‘‘(B) the shipowner, under any cir4 cumstance, abandons a seafarer in the United 

5 States, as decided by the Secretary. 

6 ‘‘(2) ENFORCEMENT.—If a shipowner fails to re7 imburse the Fund as required under paragraph (1) of 

8 this subsection, the Secretary may— 

9 ‘‘(A) proceed in rem against any vessel of 

10 the shipowner in the Federal district court for 

11 the district in which such vessel is found; and 

12 ‘‘(B) withhold or revoke the clearance, re13 quired by section 60105 of this title, of any vessel 

14 of the shipowner wherever such vessel is found. 

15 ‘‘(3) Whenever clearance is withheld or revoked 

16 pursuant to paragraph (2)(B) of this subsection, 

17 clearance may be granted if the shipowner reimburses 

18 the Fund the amount required under paragraph (1) 

19 of this subsection. 

20 ‘‘(e) SURETY; ENFORCEMENT OF TREATIES, LAWS, 

21 AND REGULATIONS.— 

22 ‘‘(1) BOND AND SURETY AUTHORITY.—The Sec23 retary is authorized to require a bond or surety satis24 factory as an alternative to withholding or revoking 

25 clearance required under section 60105 of this title if, 
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1 in the opinion of the Secretary, such bond or surety 

2 satisfactory is necessary to facilitate an investigation, 

3 reporting, documentation, or adjudication of any 

4 matter that is related to the administration or en5 forcement of any treaty, law, or regulation by the 

6 Coast Guard if the surety corporation providing the 

7 bond is authorized by the Secretary of the Treasury 

8 under section 9305 of title 31 to provide surety bonds 

9 under section 9304 of that title. 

10 ‘‘(2) APPLICATION.—The authority to require a 

11 bond or a surety satisfactory or to request the with12 holding or revocation of the clearance required under 

13 section 60105 of this title applies to any investiga14 tion, reporting, documentation, or adjudication of 

15 any matter that is related to the administration or 

16 enforcement of any treaty, law, or regulation by the 

17 Coast Guard. 

18 ‘‘(f) DEFINITIONS.—In this section: 

19 ‘‘(1) ABANDONS; ABANDONED.—The term ‘aban20 dons’ or ‘abandoned’ means a shipowner’s unilateral 

21 severance of ties with a seafarer or the shipowner’s 

22 failure to provide necessary support of a seafarer. 

23 ‘‘(2) BOND OR SURETY SATISFACTORY.—The 

24 term ‘bond or surety satisfactory’ means a negotiated 

25 instrument, the terms of which may, at the discretion 
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1 of the Secretary, include provisions that require the 

2 shipowner to— 

3 ‘‘(A) provide necessary support of a seafarer 

4 who has or may have information pertinent to 

5 an investigation, reporting, documentation, or 

6 adjudication of any matter that is related to the 

7 administration or enforcement of any treaty, 

8 law, or regulation by the Secretary; 

9 ‘‘(B) facilitate an investigation, reporting, 

10 documentation, or adjudication of any matter 

11 that is related to the administration or enforce12 ment of any treaty, law, or regulation by the 

13 Secretary; 

14 ‘‘(C) stipulate to certain incontrovertible 

15 facts, including, but not limited to, the owner16 ship or operation of the vessel, or the authen17 ticity of documents and things from the vessel; 

18 ‘‘(D) facilitate service of correspondence and 

19 legal papers; 

20 ‘‘(E) enter an appearance in United States 

21 district court; 

22 ‘‘(F) comply with directions regarding pay23 ment of funds; 

24 ‘‘(G) name an agent in the United States 

25 for service of process; 
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1 ‘‘(H) make stipulations as to the authen2 ticity of certain documents in United States dis3 trict court; 

4 ‘‘(I) provide assurances that no discrimina5 tory or retaliatory measures will be taken 

6 against a seafarer involved in an investigation, 

7 reporting, documentation, or adjudication of any 

8 matter that is related to the administration or 

9 enforcement of any treaty, law, or regulation by 

10 the Secretary; 

11 ‘‘(J) provide financial security in the form 

12 of cash, bond, or other means acceptable to the 

13 Secretary; and 

14 ‘‘(K) provide for any other appropriate 

15 measures as the Secretary considers necessary to 

16 ensure the Government is not prejudiced by 

17 granting the clearance required by section 60105 

18 of title 46. 

19 ‘‘(3) FUND.—The term ‘Fund’ means the Sup20 port of Seafarers Fund, established pursuant to this 

21 section. 

22 ‘‘(4) NECESSARY SUPPORT.—The term ‘necessary 

23 support’ means normal wages, lodging, subsistence, 

24 clothing, medical care (including hospitalization), re-
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1 patriation, and any other expense the Secretary 

2 deems appropriate. 

3 ‘‘(5) SEAFARER.—The term ‘seafarer’ means an 

4 alien crewman who is employed or engaged in any 

5 capacity on board a vessel subject to the jurisdiction 

6 of the United States. 

7 ‘‘(6) SHIPOWNER.—The term ‘shipowner’ means 

8 the individual or entity that owns, has an ownership 

9 interest in, or operates a vessel subject to the jurisdic10 tion of the United States. 

11 ‘‘(7) VESSEL SUBJECT TO THE JURISDICTION OF

12 THE UNITED STATES.—The term ‘vessel subject to the 

13 jurisdiction of the United States’ has the same mean14 ing it has in section 70502(c) of this title, except that 

15 it excludes a vessel owned or bareboat chartered and 

16 operated by the United States, by a State or political 

17 subdivision thereof, or by a foreign nation, except 

18 when that vessel is engaged in commerce. 

19 ‘‘(g) REGULATIONS.—The Secretary may prescribe 

20 regulations to implement this section. 

21 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to the Fund $1,500,000 

23 for each of fiscal years 2010, 2011, and 2012.’’. 
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1 (b) CLERICAL AMENDMENT.—The chapter analysis for 

2 chapter 111 of title 46, United States Code, is amended by 

3 adding at the end the following new item: 

‘‘11113. Protection and fair treatment of seafarers’’. 

4 TITLE V—ACQUISITION REFORM 

5 SEC. 501. CHIEF ACQUISITION OFFICER. 

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

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

8 ‘‘§ 55. Chief Acquisition Officer 

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

10 a Chief Acquisition Officer selected by the Commandant 

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

12 Executive Service (career reserved). The Chief Acquisition 

13 Officer shall serve at the Assistant Commandant level and 

14 have acquisition management as that individual’s primary 

15 duty. 

16 ‘‘(b) QUALIFICATIONS.—The Chief Acquisition Officer 

17 shall be an acquisition professional with a Level III certifi18 cation and must have at least 10 years experience in an 

19 acquisition position, of which at least 4 years were spent 

20 as— 

21 ‘‘(1) the program executive officer; 

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

23 2 acquisition project or program; 

24 ‘‘(3) the deputy program manager of a Level 1 

25 or Level 2 acquisition; or 
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1 ‘‘(4) a combination of such positions. 

2 ‘‘(c) FUNCTIONS OF THE CHIEF ACQUISITION OFFI3 CER.—The functions of the Chief Acquisition Officer in4 clude— 

5 ‘‘(1) monitoring the performance of programs 

6 and projects on the basis of applicable performance 

7 measurements and advising the Commandant, 

8 through the chain of command, regarding the appro9 priate business strategy to achieve the missions of the 

10 Coast Guard; 

11 ‘‘(2) maximizing the use of full and open com12 petition at the prime contract and subcontract levels 

13 in the acquisition of property, capabilities, and serv14 ices by the Coast Guard by establishing policies, pro15 cedures, and practices that ensure that the Coast 

16 Guard receives a sufficient number of competitive 

17 proposals from responsible sources to fulfill the Gov18 ernment’s requirements, including performance and 

19 delivery schedules, at the lowest cost or best value con20 sidering the nature of the property or service pro21 cured; 

22 ‘‘(3) making acquisition decisions in concurrence 

23 with the technical authority, or technical authorities, 

24 as appropriate, of the Coast Guard, as designated by 

25 the Commandant, consistent with all other applicable 
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1 laws and decisions establishing procedures within the 

2 Coast Guard; 

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

4 specifications in instances in which performance 

5 based contracting is used; 

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

7 for the Coast Guard, including implementation of the 

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

10 ‘‘(6) developing and maintaining an acquisition 

11 career management program in the Coast Guard to 

12 ensure that there is an adequate acquisition work13 force; 

14 ‘‘(7) assessing the requirements established for 

15 Coast Guard personnel regarding knowledge and skill 

16 in acquisition resources and management and the 

17 adequacy of such requirements for facilitating the 

18 achievement of the performance goals established for 

19 acquisition management; 

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

21 hiring, training, and professional development; and 

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

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

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

3 adding at the end the following: 

‘‘55. Chief Acquisition Officer’’. 

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

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

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

7 select a Chief Acquisition Officer under section 55 of title 

8 14, United States Code. 

9 SEC. 502. ACQUISITIONS. 

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

11 Code, is amended by inserting after chapter 13 the fol12 lowing: 

13 ‘‘CHAPTER 15. ACQUISITIONS 

‘‘SUBCHAPTER 1—GENERAL PROVISIONS

‘‘Sec. 

‘‘561. Acquisition directorate 

‘‘562. Senior acquisition leadership team 

‘‘563. Improvements in Coast Guard acquisition management 

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

‘‘565. Prohibition on use of lead systems integrators 

‘‘566. Required contract terms 

‘‘567. Department of Defense consultation 

‘‘568. Undefinitized contractual actions 

‘‘SUBCHAPTER 2—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 

‘‘SUBCHAPTER 3—DEFINITIONS

‘‘Sec. 

‘‘581. Definitions 
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1 ‘‘SUBCHAPTER 1—GENERAL PROVISIONS

2 ‘‘§ 561. Acquisition directorate 

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

4 Coast Guard shall establish an acquisition directorate to 

5 provide guidance and oversight for the implementation and 

6 management of all Coast Guard acquisition processes, pro7 grams, and projects. 

8 ‘‘(b) MISSION.—The mission of the acquisition direc9 torate is— 

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

11 that increase operational readiness, enhance mission 

12 performance, and create a safe working environment; 

13 and 

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

15 that is trained and qualified to further the Coast 

16 Guard’s missions and deliver the best value products 

17 and services to the Nation. 

18 ‘‘§ 562. Senior acquisition leadership team 

19 ‘‘(a) ESTABLISHMENT.—The Commandant shall estab20 lish a senior acquisition leadership team within the Coast 

21 Guard comprised of— 

22 ‘‘(1) the Vice Commandant; 

23 ‘‘(2) the Deputy and Assistant Commandants; 

24 ‘‘(3) appropriate senior staff members of each 

25 Coast Guard directorate; 
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1 ‘‘(4) appropriate senior staff members for each 

2 assigned field activity or command; and 

3 ‘‘(5) any other Coast Guard officer or employee 

4 designated by the Commandant. 

5 ‘‘(b) FUNCTION.—The senior acquisition leadership 

6 team shall— 

7 ‘‘(1) meet at the call of the Commandant at such 

8 places and such times as the Commandant may re9 quire; 

10 ‘‘(2) provide advice and information on oper11 ational and performance requirements of the Coast 

12 Guard; 

13 ‘‘(3) identify gaps and vulnerabilities in the 

14 operational readiness of the Coast Guard; 

15 ‘‘(4) make recommendations to the Commandant 

16 and the Chief Acquisition Officer to remedy the iden17 tified gaps and vulnerabilities in the operational 

18 readiness of the Coast Guard; and 

19 ‘‘(5) contribute to the development of a profes20 sional, experienced acquisition workforce by providing 

21 acquisition-experience tours of duty and educational 

22 development for officers and employees of the Coast 

23 Guard. 
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1 ‘‘§ 563. Improvements in Coast Guard acquisition 

2 management 

3 ‘‘(a) PROJECT AND PROGRAM MANAGERS.— 

4 ‘‘(1) PROJECT OR PROGRAM MANAGER DE5 FINED.—In this section, the term ‘project or program 

6 manager’ means an individual designated— 

7 ‘‘(A) to develop, produce, and deploy a new 

8 asset to meet identified operational requirements; 

9 and 

10 ‘‘(B) to manage cost, schedule, and perform11 ance of the acquisition or project or program. 

12 ‘‘(2) LEVEL 1 PROJECTS.— An individual may 

13 not be assigned as the project or program manager for 

14 a Level 1 acquisition unless the individual holds a 

15 Level III acquisition certification as a program man16 ager. 

17 ‘‘(3) LEVEL 2 PROJECTS.—An individual may 

18 not be assigned as the project or program manager for 

19 a Level 2 acquisition unless the individual holds a 

20 Level II acquisition certification as a program man21 ager. 

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

23 PROGRAM AND PROJECT MANAGERS.—Not later than one 

24 year after the date of enactment of the Coast Guard Author25 ization Act for Fiscal years 2010 and 2011, the Com26 mandant shall issue guidance to address the qualifications, 
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1 resources, responsibilities, tenure, and accountability of 

2 program and project managers for the management of ac3 quisition programs and projects. The guidance shall ad4 dress, at a minimum— 

5 ‘‘(1) the qualifications required for project or 

6 program managers, including the number of years of 

7 acquisition experience and the professional training 

8 levels to be required of those appointed to project or 

9 program management positions; and 

10 ‘‘(2) authorities available to project or program 

11 managers, including, to the extent appropriate, the 

12 authority to object to the addition of new program re13 quirements that would be inconsistent with the pa14 rameters established for an acquisition program. 

15 ‘‘(c) ACQUISITION WORKFORCE.— 

16 ‘‘(1) IN GENERAL.—The Commandant shall des17 ignate a sufficient number of positions to be in the 

18 Coast Guard’s acquisition workforce to perform acqui19 sition-related functions at Coast Guard headquarters 

20 and field activities. 

21 ‘‘(2) REQUIRED POSITIONS.—The Commandant 

22 shall ensure that members of the acquisition workforce 

23 have expertise, education, and training in at least 1 

24 of the following acquisition career fields: 

25 ‘‘(A) Acquisition logistics. 
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1 ‘‘(B) Auditing. 

2 ‘‘(C) Business, cost estimating, and finan3 cial management. 

4 ‘‘(D) Contracting. 

5 ‘‘(E) Facilities engineering. 

6 ‘‘(F) Industrial or contract property man7 agement. 

8 ‘‘(G) Information technology. 

9 ‘‘(H) Manufacturing, production, and qual10 ity assurance. 

11 ‘‘(I) Program management. 

12 ‘‘(J) Purchasing. 

13 ‘‘(K) Science and technology. 

14 ‘‘(L) Systems planning, research, develop15 ment, and engineering. 

16 ‘‘(M) Test and evaluation. 

17 ‘‘(3) ACQUISITION WORKFORCE EXPEDITED HIR18 ING AUTHORITY.— 

19 ‘‘(A) IN GENERAL.—For purposes of sections 

20 3304, 5333, and 5753 of title 5, the Com21 mandant may— 

22 ‘‘(i) designate any category of acquisi23 tion positions within the Coast Guard as 

24 shortage category positions; and 
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1 ‘‘(ii) use the authorities in such sec2 tions to recruit and appoint highly quali3 fied person directly to positions so des4 ignated. 

5 ‘‘(B) LIMITATION.—The Commandant may 

6 not appoint a person to a position of employ7 ment under this paragraph after September 30, 

8 2012. 

9 ‘‘(d) MANAGEMENT INFORMATION SYSTEM.— 

10 ‘‘(1) IN GENERAL.—The Commandant shall es11 tablish a management information system capability 

12 to improve acquisition workforce management and re13 porting. 

14 ‘‘(2) INFORMATION MAINTAINED.—Information 

15 maintained with such capability shall include the fol16 lowing standardized information on individuals as17 signed to positions in the workforce: 

18 ‘‘(A) Qualifications, assignment history, 

19 and tenure of those individuals assigned to posi20 tions in the acquisition workforce or holding ac21 quisition-related certifications. 

22 ‘‘(B) Promotion rates for officers and mem23 bers of the Coast Guard in the acquisition work24 force. 
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1 ‘‘(e) CAREER PATHS.—To establish acquisition man2 agement as a core competency of the Coast Guard, the Com3 mandant shall— 

4 ‘‘(1) ensure that career paths for officers, mem5 bers, and employees of the Coast Guard who wish to 

6 pursue careers in acquisition are identified in terms 

7 of the education, training, experience, and assign8 ments necessary for career progression of those offi9 cers, members, and employees to the most senior posi10 tions in the acquisition workforce; and 

11 ‘‘(2) publish information on such career paths. 

12 ‘‘§ 564. Recognition of Coast Guard personnel for ex13 cellence in acquisition 

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

15 date of enactment of the Coast Guard Authorization Act for 

16 Fiscal Years 2010 and 2011, the Commandant shall com17 mence implementation of a program to recognize excellent 

18 performance by individuals and teams comprised of officers, 

19 members, and employees of the Coast Guard that contrib20 uted to the long-term success of a Coast Guard acquisition 

21 project or program. 

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

23 ‘‘(1) specific award categories, criteria, and eli24 gibility and manners of recognition; 
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1 ‘‘(2) procedures for the nomination by personnel 

2 of the Coast Guard of individuals and teams com3 prised of officers, members, and employees of the 

4 Coast Guard for recognition under the program; and 

5 ‘‘(3) procedures for the evaluation of nomina6 tions for recognition under the program by one or 

7 more panels of individuals from the Government, aca8 demia, and the private sector who have such expertise 

9 and are appointed in such manner as the Com10 mandant shall establish for the purposes of this pro11 gram. 

12 ‘‘(c) AWARD OF CASH BONUSES.—As part of the pro13 gram required by subsection (a), the Commandant, subject 

14 to the availability of appropriations, may award to any 

15 civilian employee recognized pursuant to the program a 

16 cash bonus to the extent that the performance of such indi17 vidual so recognized warrants the award of such bonus. 

18 ‘‘§ 565. Prohibition on use of lead systems integrators 

19 ‘‘(a) IN GENERAL.— 

20 ‘‘(1) USE OF LEAD SYSTEMS INTEGRATOR.—Ex21 cept as provided in subsection (b), the Commandant 

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

23 integrator for an acquisition contract awarded or de24 livery order or task order issued after the date of en-
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1 actment of the Coast Guard Authorization Act for 

2 Fiscal Years 2010 and 2011. 

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

5 the Coast Guard, pursuant to the exceptions described 

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

7 for any acquisition contract awarded after the date of 

8 enactment of that Act, unless otherwise excepted in 

9 accordance with the Competition in Contracting Act 

10 of 1984 (41 U.S.C. 251 note), the amendments made 

11 by that Act, and the Federal Acquisition Regulations. 

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

13 Nothing in this subsection shall be construed to super14 sede or otherwise affect the authorities provided by 

15 and under the Small Business Act (15 U.S.C. 631 et 

16 seq.). 

17 ‘‘(b) EXCEPTIONS.— 

18 ‘‘(1) NATIONAL DISTRESS AND RESPONSE SYS19 TEM MODERNIZATION PROGRAM; NATIONAL SECURITY

20 CUTTERS 2 AND 3.—Notwithstanding subsection (a), 

21 the Commandant may use a private sector entity as 

22 a lead systems integrator for the Coast Guard to com23 plete the National Distress and Response System 

24 Modernization Program, the C4ISR projects directly 

25 related to the Integrated Deepwater Program, and 
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1 National Security Cutters 2 and 3 if the Secretary of 

2 Homeland Security certifies that— 

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

4 the Competition in Contracting Act of 1984 (41 

5 U.S.C. 251 note), the amendments made by that 

6 Act, and the Federal Acquisition Regulations; 

7 and 

8 ‘‘(B) the acquisition and the use of a pri9 vate sector entity as a lead systems integrator for 

10 the acquisition is in the best interest of the Fed11 eral Government. 

12 ‘‘(2) TERMINATION DATE FOR EXCEPTIONS.—Ex13 cept for the modification of delivery or task orders 

14 pursuant to Parts 4 and 42 of the Federal Acquisi15 tion Regulations, the Commandant may not use a 

16 private sector entity as a lead systems integrator after 

17 the earlier of— 

18 ‘‘(A) September 30, 2012; or 

19 ‘‘(B) the date on which the Commandant 

20 certifies in writing to the appropriate congres21 sional committees that the Coast Guard has 

22 available and can retain sufficient contracting 

23 personnel and expertise within the Coast Guard, 

24 through an arrangement with other Federal 

25 agencies, or through contracts or other arrange-
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1 ments with private sector entities, to perform the 

2 functions and responsibilities of the lead system 

3 integrator in an efficient and cost-effective man4 ner. 

5 ‘‘§ 566. Required contract terms 

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

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

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

9 an expected service life of 10 years and with a total acquisi10 tion cost that is equal to or exceeds $10,000,000 awarded 

11 or issued by the Coast Guard after the date of enactment 

12 of the Coast Guard Authorization Act for Fiscal Years 2010 

13 and 2011— 

14 ‘‘(1) provides that all certifications for an end15 state capability or asset under such contract, delivery 

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

17 the Commandant or an independent third party, and 

18 that self-certification by a contractor or subcontractor 

19 is not allowed; 

20 ‘‘(2) requires that the Commandant shall main21 tain the authority to establish, approve, and main22 tain technical requirements; 

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

24 and subcontractor performance be based on the status 

25 of all work performed, including the extent to which 
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1 the work performed met all performance, cost, and 

2 schedule requirements; 

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

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

5 which compliance with TEMPEST certification is a 

6 requirement, the standard for determining such com7 pliance will be the air, surface, or shore standard then 

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

9 capability or asset; and 

10 ‘‘(5) for any contract awarded to acquire an Off11 shore Patrol Cutter, includes provisions specifying the 

12 service life, fatigue life, and days underway in gen13 eral Atlantic and North Pacific Sea conditions, max14 imum range, and maximum speed the cutter will be 

15 built to achieve. 

16 ‘‘(b) PROHIBITED CONTRACT PROVISIONS.—The Com17 mandant shall ensure that any contract awarded or deliv18 ery order or task order issued by the Coast Guard after the 

19 date of enactment of the Coast Guard Authorization Act for 

20 Fiscal Years 2010 and 2011 does not include any provision 

21 allowing for equitable adjustment that is not consistent with 

22 the Federal Acquisition Regulations. 

23 ‘‘(c) INTEGRATED PRODUCT TEAMS.—Integrated prod24 uct teams, and all teams that oversee integrated product 
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1 teams, shall be chaired by officers, members, or employees 

2 of the Coast Guard. 

3 ‘‘(d) DEEPWATER TECHNICAL AUTHORITIES.—The 

4 Commandant shall maintain or designate the technical au5 thorities to establish, approve, and maintain technical re6 quirements. Any such designation shall be made in writing 

7 and may not be delegated to the authority of the Chief Ac8 quisition Officer established by section 55 of this title. 

9 ‘‘§ 567. Department of Defense consultation 

10 ‘‘(a) IN GENERAL.—The Commandant shall make ar11 rangements as appropriate with the Secretary of Defense 

12 for support in contracting and management of Coast Guard 

13 acquisition programs. The Commandant shall also seek op14 portunities to make use of Department of Defense contracts, 

15 and contracts of other appropriate agencies, to obtain the 

16 best possible price for assets acquired for the Coast Guard. 

17 ‘‘(b) INTER-SERVICE TECHNICAL ASSISTANCE.—The 

18 Commandant shall seek to enter into a memorandum of un19 derstanding or a memorandum of agreement with the Sec20 retary of the Navy to obtain the assistance of the Office of 

21 the Assistant Secretary of the Navy for Research, Develop22 ment, and Acquisition, including the Navy Systems Com23 mand, with the oversight of Coast Guard major acquisition 

24 programs. The memorandum of understanding or memo25 randum of agreement shall, at a minimum, provide for— 
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1 ‘‘(1) the exchange of technical assistance and 

2 support that the Assistant Commandants for Acquisi3 tion, Human Resources, Engineering, and Informa4 tion technology may identify; 

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

6 expertise; and 

7 ‘‘(3) the exchange of personnel between the Coast 

8 Guard and the Office of the Assistant Secretary of the 

9 Navy for Research, Development, and Acquisition, in10 cluding Naval Systems Commands, to facilitate the 

11 development of organic capabilities in the Coast 

12 Guard. 

13 ‘‘(c) TECHNICAL REQUIREMENT APPROVAL PROCE14 DURES.—The Chief Acquisition Officer shall adopt, to the 

15 extent practicable, procedures modeled after those used by 

16 the Navy Senior Acquisition Official to approve all tech17 nical requirements. 

18 ‘‘§ 568. Undefinitized contractual actions 

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

20 into an undefinitized contractual action unless such action 

21 is directly approved by the Head of Contracting Activity 

22 of the Coast Guard. 

23 ‘‘(b) REQUESTS FOR UNDEFINITIZED CONTRACTUAL

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

25 for approval of an undefinitized contractual action shall 
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1 include a description of the anticipated effect on require2 ments of the Coast Guard if a delay is incurred for the 

3 purposes of determining contractual terms, specifications, 

4 and price before performance is begun under the contractual 

5 action. 

6 ‘‘(c) REQUIREMENTS FOR UNDEFINITIZED CONTRAC7 TUAL ACTIONS.— 

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

9 SPECIFICATIONS, AND PRICE.—A contracting officer of 

10 the Coast Guard may not enter into an undefinitized 

11 contractual action unless the contractual action pro12 vides for agreement upon contractual terms, specifica13 tion, and price by the earlier of— 

14 ‘‘(A) the end of the 180-day period begin15 ning on the date on which the contractor submits 

16 a qualifying proposal to definitize the contrac17 tual terms, specifications, and price; or 

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

19 obligated under the contractual action is equal to 

20 more than 50 percent of the negotiated overall 

21 ceiling price for the contractual action. 

22 ‘‘(2) LIMITATION ON OBLIGATIONS.— 

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

24 subparagraph (B), the contracting officer for an 

25 undefinitized contractual action may not obli-
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1 gate under such contractual action an amount 

2 that exceeds 50 percent of the negotiated overall 

3 ceiling price until the contractual terms, speci4 fications, and price are definitized for such con5 tractual action. 

6 ‘‘(B) EXCEPTION.—Notwithstanding sub7 paragraph (A), if a contractor submits a quali8 fying proposal to definitize an undefinitized con9 tractual action before an amount that exceeds 50 

10 percent of the negotiated overall ceiling price is 

11 obligated on such action, the contracting officer 

12 for such action may not obligate with respect to 

13 such contractual action an amount that exceeds 

14 75 percent of the negotiated overall ceiling price 

15 until the contractual terms, specifications, and 

16 price are definitized for such contractual action. 

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

18 application of this subsection with respect to a con19 tract if the Commandant determines that the waiver 

20 is necessary to support— 

21 ‘‘(A) a contingency operation (as that term 

22 is defined in section 101(a)(13) of title 10); 

23 ‘‘(B) operations to prevent or respond to a 

24 transportation security incident (as defined in 

25 section 70101(6) of title 46); 
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1 ‘‘(C) an operation in response to an emer2 gency that poses an unacceptable threat to 

3 human health or safety or to the marine environ4 ment; or 

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

6 disaster or major disaster or emergency des7 ignated by the President under the Robert T. 

8 Stafford Disaster Relief and Emergency Assist9 ance Act (42 U.S.C. 5121 et seq.). 

10 ‘‘(4) LIMITATION ON APPLICATION.—This sub11 section does not apply to an undefinitized contractual 

12 action for the purchase of initial spares. 

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

14 Requirements for spare parts and support equipment that 

15 are not needed on an urgent basis may not be included in 

16 an undefinitized contractual action by the Coast Guard for 

17 spare parts and support equipment that are needed on an 

18 urgent basis unless the Commandant approves such inclu19 sion as being— 

20 ‘‘(1) good business practice; and 

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

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

23 undefinitized contractual action under which performance 

24 has begun may not be modified unless the Commandant ap25 proves such modification as being— 
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1 ‘‘(1) good business practice; and 

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

3 ‘‘(f) ALLOWABLE PROFIT.—The Commandant shall en4 sure that the profit allowed on an undefinitized contractual 

5 action for which the final price is negotiated after a sub6 stantial portion of the performance required is completed 

7 reflects— 

8 ‘‘(1) the possible reduced cost risk of the con9 tractor with respect to costs incurred during perform10 ance of the contract before the final price is nego11 tiated; and 

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

13 respect to costs incurred during performance of the re14 maining portion of the contract. 

15 ‘‘(g) DEFINITIONS.—In this section: 

16 ‘‘(1) UNDEFINITIZED CONTRACTUAL ACTION.— 

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

18 subparagraph (B), the term ‘undefinitized con19 tractual action’ means a new procurement action 

20 entered into by the Coast Guard for which the 

21 contractual terms, specifications, or price are not 

22 agreed upon before performance is begun under 

23 the action. 
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1 ‘‘(B) EXCLUSION.—The term ‘undefinitized 

2 contractual action’ does not include contractual 

3 actions with respect to— 

4 ‘‘(i) foreign military sales; 

5 ‘‘(ii) purchases in an amount not in 

6 excess of the amount of the simplified acqui7 sition threshold; or 

8 ‘‘(iii) special access programs. 

9 ‘‘(2) QUALIFYING PROPOSAL.—The term ‘quali10 fying proposal’ means a proposal that contains suffi11 cient information to enable complete and meaningful 

12 audits of the information contained in the proposal as 

13 determined by the contracting officer. 

14 ‘‘SUBCHAPTER 2—IMPROVED ACQUISITION PROCESS AND

15 PROCEDURES

16 ‘‘§ 571. Identification of major system acquisitions 

17 ‘‘(a) IN GENERAL.— 

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

19 shall develop and implement mechanisms to support 

20 the establishment of mature and stable operational re21 quirements for acquisitions under this subchapter. 

22 ‘‘(2) MISSION ANALYSIS; AFFORDABILITY ASSESS23 MENT.—The Commandant may not initiate a Level 1 

24 or Level 2 acquisition project or program until the 

25 Commandant— 
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1 ‘‘(A) completes a mission analysis that— 

2 ‘‘(i) identifies any gaps in capability; 

3 and 

4 ‘‘(ii) develops a clear mission need; 

5 and 

6 ‘‘(B) prepares a preliminary affordability 

7 assessment for the project or program. 

8 ‘‘(b) ELEMENTS.— 

9 ‘‘(1) REQUIREMENTS.—The mechanisms required 

10 by subsection (a) shall ensure the implementation of 

11 a formal process for the development of a mission12 needs statement, concept-of-operations document, ca13 pability development plan, and resource proposal for 

14 the initial project or program funding, and shall en15 sure the project or program is included in the Coast 

16 Guard Capital Investment Plan. 

17 ‘‘(2) ASSESSMENT OF TRADE-OFFS.—In con18 ducting an affordability assessment under subsection 

19 (a)(2)(B), the Commandant shall develop and imple20 ment mechanisms to ensure that trade-offs among 

21 cost, schedule, and performance are considered in the 

22 establishment of preliminary operational require23 ments for development and production of new assets 

24 and capabilities for Level 1 and Level 2 acquisitions 

25 projects and programs. 
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1 ‘‘(c) HUMAN RESOURCE CAPITAL PLANNING.—The 

2 Commandant shall develop staffing predictions, define 

3 human capital performance initiatives, and identify pre4 liminary training needs for any such project or program. 

5 ‘‘(d) DHS ACQUISITION APPROVAL.—A Level 1 or 

6 Level 2 acquisition project or program may not be imple7 mented unless it is approved by the Department of Home8 land Security Acquisition Review Board or the Joint Re9 view Board. 

10 ‘‘§ 572. Acquisition 

11 ‘‘(a) IN GENERAL.—The Commandant may not estab12 lish a Level 1 or Level 2 acquisition project or program 

13 approved under section 571(d) until the Commandant— 

14 ‘‘(1) clearly defines the operational requirements 

15 for the project or program; 

16 ‘‘(2) establishes the feasibility of alternatives; 

17 ‘‘(3) develops an acquisition project or program 

18 baseline; 

19 ‘‘(4) produces a life-cycle cost estimate; and 

20 ‘‘(5) assesses the relative merits of alternatives to 

21 determine a preferred solution in accordance with the 

22 requirements of this section. 

23 ‘‘(b) ANALYSIS OF ALTERNATIVES.— 

24 ‘‘(1) IN GENERAL.—The Commandant shall con25 duct an analysis of alternatives for the asset or capa-
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1 bility to be acquired in an analyze and select phase 

2 of the acquisition process. 

3 ‘‘(2) REQUIREMENTS.—The analysis of alter4 natives shall be conducted by a federally funded re5 search and development center, a qualified entity of 

6 the Department of Defense, or a similar independent 

7 third party entity that has appropriate acquisition 

8 expertise and has no substantial financial interest in 

9 any part of the acquisition project or program that 

10 is the subject of the analysis. At a minimum, the 

11 analysis of alternatives shall include— 

12 ‘‘(A) an assessment of the technical matu13 rity, and technical and other risks; 

14 ‘‘(B) an examination of capability, inter15 operability, and other disadvantages; 

16 ‘‘(C) an evaluation of whether different 

17 combinations or quantities of specific assets or 

18 capabilities could meet the Coast Guard’s overall 

19 performance needs; 

20 ‘‘(D) a discussion of key assumptions and 

21 variables, and sensitivity to change in such as22 sumptions and variables; 

23 ‘‘(E) when an alternative is an existing 

24 asset or prototype, an evaluation of relevant safe25 ty and performance records and costs; 
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1 ‘‘(F) a calculation of life-cycle costs includ2 ing— 

3 ‘‘(i) an examination of likely research 

4 and development costs and the levels of un5 certainty associated with such estimated 

6 costs; 

7 ‘‘(ii) an examination of likely produc8 tion and deployment costs and levels of un9 certainty associated with such estimated 

10 costs; 

11 ‘‘(iii) an examination of likely oper12 ating and support costs and the levels of 

13 uncertainty associated with such estimated 

14 costs; 

15 ‘‘(iv) if they are likely to be signifi16 cant, an examination of likely disposal costs 

17 and the levels of uncertainty associated with 

18 such estimated costs; and 

19 ‘‘(v) such additional measures as the 

20 Commandant or the Secretary of Homeland 

21 Security determines to be necessary for ap22 propriate evaluation of the asset; and 

23 ‘‘(G) the business case for each viable alter24 native. 

25 ‘‘(c) TEST AND EVALUATION MASTER PLAN.— 
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1 ‘‘(1) IN GENERAL.—For any Level 1 or Level 2 

2 acquisition project or program the Chief Acquisition 

3 Officer shall approve a test and evaluation master 

4 plan specific to the acquisition project or program for 

5 the capability, asset, or subsystems of the capability 

6 or asset and intended to minimize technical, cost, and 

7 schedule risk as early as practicable in the develop8 ment of the project or program. 

9 ‘‘(2) TEST AND EVALUATION STRATEGY.—The 

10 master plan shall— 

11 ‘‘(A) set forth an integrated test and evalua12 tion strategy that will verify that capability-level 

13 or asset-level and subsystem-level design and de14 velopment, including performance and 

15 supportability, have been sufficiently proven be16 fore the capability, asset, or subsystem of the ca17 pability or asset is approved for production; and 

18 ‘‘(B) require that adequate developmental 

19 tests and evaluations and operational tests and 

20 evaluations established under subparagraph (A) 

21 are performed to inform production decisions. 

22 ‘‘(3) OTHER COMPONENTS OF THE MASTER

23 PLAN.—At a minimum, the master plan shall iden24 tify— 
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1 ‘‘(A) the key performance parameters to be 

2 resolved through the integrated test and evalua3 tion strategy; 

4 ‘‘(B) critical operational issues to be as5 sessed in addition to the key performance pa6 rameters; 

7 ‘‘(C) specific development test and evalua8 tion phases and the scope of each phase; 

9 ‘‘(D) modeling and simulation activities to 

10 be performed, if any, and the scope of such ac11 tivities; 

12 ‘‘(E) early operational assessments to be 

13 performed, if any, and the scope of such assess14 ments; 

15 ‘‘(F) operational test and evaluation phases; 

16 ‘‘(G) an estimate of the resources, including 

17 funds, that will be required for all test, evalua18 tion, assessment, modeling, and simulation ac19 tivities; and 

20 ‘‘(H) the Government entity or independent 

21 entity that will perform the test, evaluation, as22 sessment, modeling, and simulation activities. 

23 ‘‘(4) UPDATE.—The Chief Acquisition Officer 

24 shall approve an updated master plan whenever there 
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1 is a revision to project or program test and evalua2 tion strategy, scope, or phasing. 

3 ‘‘(5) LIMITATION.—The Coast Guard may not— 

4 ‘‘(A) proceed beyond that phase of the ac5 quisition process that entails approving the sup6 porting acquisition of a capability or asset before 

7 the master plan is approved by the Chief Acqui8 sition Officer; or 

9 ‘‘(B) award any production contract for a 

10 capability, asset, or subsystem for which a mas11 ter plan is required under this subsection before 

12 the master plan is approved by the Chief Acqui13 sition Officer. 

14 ‘‘(d) LIFE-CYCLE COST ESTIMATES.— 

15 ‘‘(1) IN GENERAL.—The Commandant shall im16 plement mechanisms to ensure the development and 

17 regular updating of life-cycle cost estimates for each 

18 Level 1 or Level 2 acquisition to ensure that these es19 timates are considered in decisions to develop or 

20 produce new or enhanced capabilities and assets. 

21 ‘‘(2) TYPES OF ESTIMATES.—In addition to life22 cycle cost estimates that may be developed by acquisi23 tion program offices, the Commandant shall require 

24 that an independent life-cycle cost estimate be devel-
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1 oped for each Level 1 or Level 2 acquisition project 

2 or program. 

3 ‘‘(3) REQUIRED UPDATES.—For each Level 1 or 

4 Level 2 acquisition project or program the Com5 mandant shall require that life-cycle cost estimates 

6 shall be updated before each milestone decision is con7 cluded and the project or program enters a new ac8 quisition phase. 

9 ‘‘(e) DHS ACQUISITION APPROVAL.—A project or pro10 gram may not enter the obtain phase under section 573 un11 less the Department of Homeland Security Acquisition Re12 view Board or the Joint Review Board (or other entity to 

13 which such responsibility is delegated by the Secretary of 

14 Homeland Security) has approved the analysis of alter15 natives for the project. The Joint Review Board may also 

16 approve the low rates initial production quantity for the 

17 project or program if such an initial production quantity 

18 is planned by the acquisition project or program and 

19 deemed appropriate by the Joint Review Board. 

20 ‘‘§ 573. Preliminary development and demonstration 

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

22 that developmental test and evaluation, operational test and 

23 evaluation, life cycle cost estimates, and the development 

24 and demonstration requirements are met to confirm that 

25 the projects or programs meet the requirements described 
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1 in the mission-needs statement and the operational-require2 ments document and the following development and dem3 onstration objectives: 

4 ‘‘(1) To demonstrate that the most promising de5 sign, manufacturing, and production solution is based 

6 upon a stable, producible, and cost-effective product 

7 design. 

8 ‘‘(2) To ensure that the product capabilities meet 

9 contract specifications, acceptable operational per10 formance requirements, and system security require11 ments. 

12 ‘‘(3) To ensure that the product design is mature 

13 enough to commit to full production and deployment. 

14 ‘‘(b) TESTS AND EVALUATIONS.— 

15 ‘‘(1) IN GENERAL.—The Commandant shall en16 sure that the Coast Guard conducts developmental 

17 tests and evaluations and operational tests and eval18 uations of a capability or asset and the subsystems of 

19 the capability or asset for which a master plan has 

20 been prepared under section 572(c)(1). 

21 ‘‘(2) USE OF THIRD PARTIES.—The Com22 mandant shall ensure that the Coast Guard uses inde23 pendent third parties with expertise in testing and 

24 evaluating the capabilities or assets and the sub25 systems of the capabilities or assets being acquired to 
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1 conduct developmental tests and evaluations and 

2 operational tests and evaluations whenever the Coast 

3 Guard lacks the capability to conduct the tests and 

4 evaluations required by a master plan. 

5 ‘‘(3) COMMUNICATION OF SAFETY CONCERNS.— 

6 The Commandant shall require that safety concerns 

7 identified during developmental or operational tests 

8 and evaluations or through independent or Govern9 ment-conducted design assessments of capabilities or 

10 assets and subsystems of capabilities or assets to be 

11 acquired by the Coast Guard shall be communicated 

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

13 after the completion of the test or assessment event or 

14 activity that identified the safety concern, to the pro15 gram manager for the capability or asset and the sub16 systems concerned and to the Chief Acquisition Offi17 cer. 

18 ‘‘(4) ASSET ALREADY IN LOW, INITIAL, OR FULL19 RATE PRODUCTION.—If operational test and evalua20 tion on a capability or asset already in low, initial, 

21 or full-rate production identifies a safety concern 

22 with the capability or asset or any subsystems of the 

23 capability or asset not previously identified during 

24 developmental or operational test and evaluation, the 

25 Commandant shall— 
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1 ‘‘(A) notify the program manager and the 

2 Chief Acquisition Officer of the safety concern as 

3 soon as practicable, but not later than 30 days 

4 after the completion of the test and evaluation 

5 event or activity that identified the safety con6 cern; and 

7 ‘‘(B) notify the Chief Acquisition Officer 

8 and include in such notification— 

9 ‘‘(i) an explanation of the actions that 

10 will be taken to correct or mitigate the safe11 ty concern in all capabilities or assets and 

12 subsystems of the capabilities or assets yet 

13 to be produced, and the date by which those 

14 actions will be taken; 

15 ‘‘(ii) an explanation of the actions that 

16 will be taken to correct or mitigate the safe17 ty concern in previously produced capabili18 ties or assets and subsystems of the capabili19 ties or assets, and the date by which those 

20 actions will be taken; and 

21 ‘‘(iii) an assessment of the adequacy of 

22 current funding to correct or mitigate the 

23 safety concern in capabilities or assets and 

24 subsystems of the capabilities or assets and 
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1 in previously produced capabilities or assets 

2 and subsystems. 

3 ‘‘(c) TECHNICAL CERTIFICATION.— 

4 ‘‘(1) IN GENERAL.—The Commandant shall en5 sure that any Level 1 or Level 2 acquisition project 

6 or program is certified by the technical authority of 

7 the Coast Guard after review by an independent third 

8 party with capabilities in the mission area, asset, or 

9 particular asset component. 

10 ‘‘(2) TEMPEST TESTING.—The Commandant 

11 shall— 

12 ‘‘(A) cause all electronics on all aircraft, 

13 surface, and shore assets that require TEMPEST 

14 certification and that are delivered after the date 

15 of enactment of the Coast Guard Authorization 

16 Act for Fiscal Years 2010 and 2011 to be tested 

17 in accordance with master plan standards and 

18 communications security standards by an inde19 pendent third party that is authorized by the 

20 Federal Government to perform such testing; and 

21 ‘‘(B) certify that the assets meet all applica22 ble TEMPEST requirements. 

23 ‘‘(3) VESSEL CLASSIFICATION.—The Com24 mandant shall cause each cutter, other than the Na25 tional Security Cutter, acquired by the Coast Guard 
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1 and delivered after the date of enactment of the Coast 

2 Guard Authorization Act for Fiscal Years 2010 and 

3 2011 is to be classed by the American Bureau of 

4 Shipping before final acceptance. 

5 ‘‘(d) ACQUISITION DECISION.—The Commandant may 

6 not proceed to full scale production, deployment, and sup7 port of a Level 1 or Level 2 acquisition project or program 

8 unless the Department of Homeland Security Acquisition 

9 Review Board has verified that the delivered asset or system 

10 meets the project or program performance and cost goals. 

11 ‘‘§ 574. Acquisition, production, deployment, and sup12 port 

13 ‘‘(a) IN GENERAL.—The Commandant shall— 

14 ‘‘(1) ensure there is a stable and efficient produc15 tion and support capability to develop an asset or 

16 system; 

17 ‘‘(2) conduct follow on testing to confirm and 

18 monitor performance and correct deficiencies; and 

19 ‘‘(3) conduct acceptance tests and trails upon the 

20 delivery of each asset or system to ensure the delivered 

21 asset or system achieves full operational capability. 

22 ‘‘(b) ELEMENTS.—The Commandant shall— 

23 ‘‘(1) execute the productions contracts; 
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1 ‘‘(2) ensure the delivered products meet oper2 ational cost and schedules requirements established in 

3 the acquisition program baseline; 

4 ‘‘(3) validate manpower and training require5 ments to meet system needs to operate, maintain, sup6 port, and instruct the system; and 

7 ‘‘(4) prepare a project or program transition 

8 plan to enter into programmatic sustainment, oper9 ations, and support. 

10 ‘‘§ 575. Acquisition program baseline breach 

11 ‘‘(a) IN GENERAL.—The Commandant shall submit a 

12 report to the appropriate congressional committees as soon 

13 as possible, but not later than 30 days, after the Chief Ac14 quisition Officer of the Coast Guard becomes aware of the 

15 breach of an acquisition program baseline for any Level 1 

16 or Level 2 acquisition program, by— 

17 ‘‘(1) a likely cost overrun greater than 15 per18 cent of the acquisition program baseline for that indi19 vidual capability or asset or a class of capabilities or 

20 assets; 

21 ‘‘(2) a likely delay of more than 180 days in the 

22 delivery schedule for any individual capability or 

23 asset or class of capabilities or assets; or 

24 ‘‘(3) an anticipated failure for any individual 

25 capability or asset or class of capabilities or assets to 
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1 satisfy any key performance threshold or parameter 

2 under the acquisition program baseline. 

3 ‘‘(b) CONTENT.—The report submitted under sub4 section (a) shall include— 

5 ‘‘(1) a detailed description of the breach and an 

6 explanation of its cause; 

7 ‘‘(2) the projected impact to performance, cost, 

8 and schedule; 

9 ‘‘(3) an updated acquisition program baseline 

10 and the complete history of changes to the original ac11 quisition program baseline; 

12 ‘‘(4) the updated acquisition schedule and the 

13 complete history of changes to the original schedule; 

14 ‘‘(5) a full life-cycle cost analysis for the capa15 bility or asset or class of capabilities or assets; 

16 ‘‘(6) a remediation plan identifying corrective 

17 actions and any resulting issues or risks; and 

18 ‘‘(7) a description of how progress in the remedi19 ation plan will be measured and monitored. 

20 ‘‘(c) SUBSTANTIAL VARIANCES IN COSTS OR SCHED21 ULE.—If a likely cost overrun is greater than 25 percent 

22 or a likely delay is greater than 12 months from the costs 

23 and schedule described in the acquisition program baseline 

24 for any Level 1 or Level 2 acquisition project or program 

25 of the Coast Guard, the Commandant shall include in the 
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1 report a written certification, with a supporting expla2 nation, that— 

3 ‘‘(1) the capability or asset or capability or asset 

4 class to be acquired under the project or program is 

5 essential to the accomplishment of Coast Guard mis6 sions; 

7 ‘‘(2) there are no alternatives to such capability 

8 or asset or capability or asset class which will provide 

9 equal or greater capability in both a more cost-effec10 tive and timely manner; 

11 ‘‘(3) the new acquisition schedule and estimates 

12 for total acquisition cost are reasonable; and 

13 ‘‘(4) the management structure for the acquisi14 tion program is adequate to manage and control per15 formance, cost, and schedule. 

16 ‘‘SUBCHAPTER 3—DEFINITIONS

17 ‘‘§ 581. Definitions 

18 ‘‘In this chapter: 

19 ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT20 TEES.—The term ‘appropriate congressional commit21 tees’ means the House of Representatives Committee 

22 on Transportation and Infrastructure and the Senate 

23 Committee on Commerce, Science, and Transpor24 tation. 
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1 ‘‘(2) CHIEF ACQUISITION OFFICER.—The term 

2 ‘Chief Acquisition Officer’ means the officer appointed 

3 under section 55 of this title. 

4 ‘‘(3) COMMANDANT.—The term ‘Commandant’ 

5 means the Commandant of the Coast Guard. 

6 ‘‘(4) JOINT REVIEW BOARD.—The term ‘Joint 

7 Review Board’ means the Department of Homeland 

8 Security’s Investment Review Board, Joint Require9 ments Council, or other entity within the Department 

10 designated by the Secretary as the Joint Review 

11 Board for purposes of this chapter. 

12 ‘‘(5) LEVEL 1 ACQUISITION.—The term ‘Level 1 

13 acquisition’ means— 

14 ‘‘(A) an acquisition by the Coast Guard— 

15 ‘‘(i) the estimated life-cycle costs of 

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

17 ‘‘(ii) the estimated total acquisition 

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

19 ‘‘(B) any acquisition that the Chief Acquisi20 tion Officer of the Coast Guard determines to 

21 have a special interest— 

22 ‘‘(i) due to— 

23 ‘‘(I) the experimental or tech24 nically immature nature of the asset; 
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1 ‘‘(II) the technological complexity 

2 of the asset; 

3 ‘‘(III) the commitment of re4 sources; or 

5 ‘‘(IV) the nature of the capability 

6 or set of capabilities to be achieved; or 

7 ‘‘(ii) because such acquisition is a joint 

8 acquisition. 

9 ‘‘(6) LEVEL 2 ACQUISITION.—The term ‘Level 2 

10 acquisition’ means an acquisition by the Coast 

11 Guard— 

12 ‘‘(A) the estimated life-cycle costs of which 

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

14 greater than $300,000,000; or 

15 ‘‘(B) the estimated total acquisition costs of 

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

17 but greater than $100,000,000. 

18 ‘‘(7) LIFE-CYCLE COST.—The term ‘life-cycle 

19 cost’ means all costs for development, procurement, 

20 construction, and operations and support for a par21 ticular capability or asset, without regard to funding 

22 source or management control. 

23 ‘‘(8) SAFETY CONCERN.—The term ‘safety con24 cern’ means any hazard associated with a capability 

25 or asset or a subsystem of a capability or asset that 
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1 is likely to cause serious bodily injury or death to a 

2 typical Coast Guard user in testing, maintaining, re3 pairing, or operating the capability, asset, or sub4 system or any hazard associated with the capability, 

5 asset, or subsystem that is likely to cause major dam6 age to the capability, asset, or subsystem during the 

7 course of its normal operation by a typical Coast 

8 Guard user.’’. 

9 (b) CONFORMING AMENDMENT.—The part analysis for 

10 part I of title 14, United States Code, is amended by insert11 ing after the item relating to chapter 13 the following: 

‘‘15. Acquisitions ...............................................................................................561’’. 

12 SEC. 503. REPORT AND GUIDANCE ON EXCESS PASS13 THROUGH CHARGES. 

14 (a) COMPTROLLER GENERAL REPORT.— 

15 (1) IN GENERAL.—Not later than 1 year after 

16 the date of enactment of this Act, the Comptroller 

17 General shall issue a report on pass-through charges 

18 on contracts, subcontracts, delivery orders, and task 

19 orders that were executed by a lead systems integrator 

20 under contract to the Coast Guard during the 3 full 

21 calendar years preceding the date of enactment of this 

22 Act. 

23 (2) MATTERS COVERED.—The report under this 

24 subsection— 
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1 (A) shall assess the extent to which the 

2 Coast Guard paid excessive pass-through charges 

3 to contractors or subcontractors that provided 

4 little or no value to the performance of a con5 tract or the production of a procured asset; and 

6 (B) shall assess the extent to which the 

7 Coast Guard has been particularly vulnerable to 

8 excessive pass-through charges on any specific 

9 category of contracts or by any specific category 

10 of contractors. 

11 (b) GUIDANCE REQUIRED.— 

12 (1) IN GENERAL.—Not later than 180 days after 

13 the date of enactment of this Act, the Commandant 

14 shall prescribe guidance to ensure that pass-through 

15 charges on contracts, subcontracts, delivery orders, 

16 and task orders that are executed with a private enti17 ty acting as a lead systems integrator by or on behalf 

18 of the Coast Guard are not excessive in relation to the 

19 cost of work performed by the relevant contractor or 

20 subcontractor. The guidance shall, at a minimum— 

21 (A) set forth clear standards for deter22 mining when no, or negligible, value has been 

23 added to a contract by a contractor or subcon24 tractor; 
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1 (B) set forth procedures for preventing the 

2 payment by the Government of excessive pass3 through charges; and 

4 (C) identify any exceptions determined by 

5 the Commandant to be in the best interest of the 

6 Government. 

7 (2) SCOPE OF GUIDANCE.—The guidance pre8 scribed under this subsection— 

9 (A) shall not apply to any firm, fixed-price 

10 contract or subcontract, delivery order, or task 

11 order that is— 

12 (i) awarded on the basis of adequate 

13 price competition, as determined by the 

14 Commandant; or 

15 (ii) for the acquisition of a commercial 

16 item, as defined in section 4(12) of the Of17 fice of Federal Procurement Policy Act (41 

18 U.S.C. 403(12)); and 

19 (B) may include such additional exceptions 

20 as the Commandant determines to be necessary 

21 in the interest of the United States. 

22 (c) EXCESSIVE PASS-THROUGH CHARGE DEFINED.— 

23 In this section the term ‘‘excessive pass-through charge’’, 

24 with respect to a contractor or subcontractor that adds no, 

25 or negligible, value to a contract or subcontract, means a 
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1 charge to the Government by the contractor or subcontractor 

2 that is for overhead or profit on work performed by a lower3 tier contractor or subcontractor, other than reasonable 

4 charges for the direct costs of managing lower-tier contrac5 tors and subcontracts and overhead and profit based on 

6 such direct costs. 

7 (d) APPLICATION OF GUIDANCE.—The guidance pre8 scribed under this section shall apply to contracts awarded 

9 to a private entity acting as a lead systems integrator by 

10 or on behalf of the Coast Guard on or after the date that 

11 is 360 days after the date of enactment of this Act. 

12 TITLE VI—SHIPPING AND 

13 NAVIGATION 

14 SEC. 601. TECHNICAL AMENDMENTS TO CHAPTER 313 OF 

15 TITLE 46, UNITED STATES CODE. 

16 (a) IN GENERAL.—Chapter 313 of title 46, United 

17 States Code, is amended— 

18 (1) by striking ‘‘of Transportation’’ in sections 

19 31302, 31306, 31321, 31330, and 31343 each place it 

20 appears; 

21 (2) by striking ‘‘and’’ after the semicolon in sec22 tion 31301(5)(F); 

23 (3) by striking ‘‘office.’’ in section 31301(6) and 

24 inserting ‘‘office; and’’; and 
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1 (4) by adding at the end of section 31301 the fol2 lowing: 

3 ‘‘(7) ‘Secretary’ means the Secretary of the De4 partment of Homeland Security, unless otherwise 

5 noted.’’. 

6 (b) SECRETARY AS MORTGAGEE.—Section 31308 of 

7 such title is amended by striking ‘‘When the Secretary of 

8 Commerce or Transportation is a mortgagee under this 

9 chapter, the Secretary’’ and inserting ‘‘The Secretary of 

10 Commerce or Transportation, as a mortgagee under this 

11 chapter,’’. 

12 (c) SECRETARY OF TRANSPORTATION.—Section 

13 31329(d) of such title is amended by striking ‘‘Secretary.’’ 

14 and inserting ‘‘Secretary of Transportation.’’. 

15 (d) MORTGAGEE.— 

16 (1) Section 31330(a)(1) of such title, as amended 

17 by subsection (a)(1) of this section, is amended— 

18 (A) by inserting ‘‘or’’ after the semicolon in 

19 subparagraph (B); 

20 (B) by striking ‘‘Secretary; or’’ in subpara21 graph (C) and inserting ‘‘Secretary.’’; and 

22 (C) by striking subparagraph (D). 

23 (2) Section 31330(a)(2) is amended— 

24 (A) by inserting ‘‘or’’ after the semicolon in 

25 subparagraph (B); 
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1 (B) by striking ‘‘faith; or’’ in subparagraph 

2 (C) and inserting ‘‘faith.’’; and 

3 (C) by striking subparagraph (D). 

4 SEC. 602. CLARIFICATION OF RULEMAKING AUTHORITY. 

5 (a) IN GENERAL.—Chapter 701 of title 46, United 

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

7 ‘‘§ 70122. Regulations 

8 ‘‘Unless otherwise provided, the Secretary may issue 

9 regulations necessary to implement this chapter.’’. 

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

11 chapter 701 of such title is amended by adding at the end 

12 the following new item: 

‘‘70122. Regulations’’. 

13 SEC. 603. ICEBREAKERS. 

14 (a) ANALYSES.—Not later than 90 days after the date 

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

16 ongoing High Latitude Study to assess polar ice-breaking 

17 mission requirements, whichever occurs later, the Com18 mandant of the Coast Guard shall require a nongovern19 mental, independent third party (other than the National 

20 Academy of Sciences) which has extensive experience in the 

21 analysis of military procurements to— 

22 (1) conduct a comparative cost-benefit analysis, 

23 taking into account future Coast Guard budget projec24 tions (which assume Coast Guard budget growth of no 
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1 more than inflation) and other recapitalization needs, 

2 of— 

3 (A) rebuilding, renovating, or improving 

4 the existing fleet of polar icebreakers for oper5 ation by the Coast Guard, 

6 (B) constructing new polar icebreakers for 

7 operation by the Coast Guard, 

8 (C) construction of new polar icebreakers by 

9 the National Science Foundation for operation 

10 by the Foundation, 

11 (D) rebuilding, renovating, or improving 

12 the existing fleet of polar icebreakers by the Na13 tional Science Foundation for operation by the 

14 Foundation, and 

15 (E) any combination of the activities de16 scribed in subparagraph (A), (B), (C), or (D) to 

17 carry out the missions of the Coast Guard and 

18 the National Science Foundation; 

19 (2) conduct an analysis of the impact on mission 

20 capacity and the ability of the United States to 

21 maintain a presence in the polar regions through the 

22 year 2020 if recapitalization of the polar icebreaker 

23 fleet, either by constructing new polar icebreakers or 

24 rebuilding, renovating, or improving the existing fleet 

25 of polar icebreakers, is not fully funded; and 
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1 (3) conduct a comprehensive analysis of the im2 pact on all Coast Guard activities, including oper3 ations, maintenance, procurements, and end strength, 

4 of the acquisition of polar icebreakers described in 

5 paragraph (1) by the Coast Guard or the National 

6 Science Foundation assuming that total Coast Guard 

7 funding will not increase more than the annual rate 

8 of inflation. 

9 (b) REPORTS TO CONGRESS.— 

10 (1) Not later than one year and 90 days after 

11 the date of enactment of this Act or the date of com12 pletion of the ongoing High Latitude Study to assess 

13 polar ice-breaking mission requirements, whichever 

14 occurs later, the Commandant of the Coast Guard 

15 shall submit a report containing the results of the 

16 study, together with recommendations the Com17 mandant deems appropriate under section 93(a)(24) 

18 of title 14, United States Code, to the Senate Com19 mittee on Commerce, Science, and Transportation 

20 and the House of Representatives Committee on 

21 Transportation and Infrastructure. 

22 (2) Not later than 1 year after the date of enact23 ment of this Act, the Commandant shall submit re24 ports containing the results of the analyses required 

25 under paragraphs (1) and (2) of subsection (a), to-
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1 gether with recommendations the Commandant deems 

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

3 United States Code, to the Senate Committee on Com4 merce, Science, and Transportation and the House of 

5 Representatives Committee on Transportation and 

6 Infrastructure. 

7 SEC. 604. PHASEOUT OF VESSELS SUPPORTING OIL AND 

8 GAS DEVELOPMENT. 

9 Section 705 of the Security and Accountability for 

10 Every Port Act of 2006 (Public Law 109–347; 120 Stat. 

11 1945) is amended to read as follows: 

12 ‘‘SEC. 705. PHASEOUT OF VESSELS SUPPORTING OIL AND 

13 GAS DEVELOPMENT. 

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

15 of title 46, United States Code, a foreign-flag vessel may 

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

17 for the setting, relocation, or recovery of anchors or other 

18 mooring equipment of a mobile offshore drilling unit that 

19 is located over the Outer Continental Shelf (as defined in 

20 section 2(a) of the Outer Continental Shelf Lands Act (43 

21 U.S.C. 1331(a)) for operations in support of exploration, 

22 or flow-testing and stimulation of wells, for offshore mineral 

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

24 adjacent to Alaska— 
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1 ‘‘(1) until December 31, 2012, if the Secretary of 

2 Transportation determines, after publishing notice in 

3 the Federal Register, that insufficient vessels docu4 mented under section 12111(d) of title 46, United 

5 States Code, are reasonably available and suitable for 

6 these support operations and all such reasonably 

7 available and suitable vessels are employed in support 

8 of such operations; and 

9 ‘‘(2) for an additional 2-year period beginning 

10 January 1, 2013, if the Secretary of Transportation 

11 determines— 

12 ‘‘(A) that, as of December 31, 2012, the les13 see has entered into a binding agreement to em14 ploy a suitable vessel or vessels to be documented 

15 under such section 12111(d) in sufficient num16 bers and with sufficient suitability to replace 

17 any foreign-flag vessel or vessels operating under 

18 this section; and 

19 ‘‘(B) after publishing notice in the Federal 

20 Register, that insufficient vessels documented 

21 under such section 12111(d) are reasonably 

22 available and suitable for these support oper23 ations and all such reasonably available and 

24 suitable vessels are employed in support of such 

25 operations. 
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1 ‘‘(b) LESSEE DEFINED.—In this section, the term ‘les2 see’ means the holder of a lease (defined in section 2(c) of 

3 the Outer Continental Shelf Lands Act (43 U.S.C. 1331(c)), 

4 who has entered into a binding agreement to employ a suit5 able vessel documented or to be documented under section 

6 12111(d) of title 46, United States Code. 

7 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in subsection 

8 (a) shall be construed to authorize employment in the coast9 wise trade of a vessel that does not meet the requirements 

10 set forth in section 12112 of title 46, United States Code.’’. 

11 TITLE VII—VESSEL CONVEYANCE 

12 SEC. 701. SHORT TITLE. 

13 This title may be cited as the ‘‘Vessel Conveyance Act’’. 

14 SEC. 702. CONVEYANCE OF COAST GUARD VESSELS FOR 

15 PUBLIC PURPOSES. 

16 (a) IN GENERAL.—Whenever the transfer of ownership 

17 of a Coast Guard vessel to an eligible entity for use for edu18 cational, cultural, historical, charitable, recreational, or 

19 other public purposes is authorized by law, the Coast Guard 

20 shall transfer the vessel to the General Services Administra21 tion for conveyance to the eligible entity. 

22 (b) CONDITIONS OF CONVEYANCE.—The General Serv23 ices Administration may not convey a vessel to an eligible 

24 entity as authorized by law unless the eligible entity 

25 agrees— 
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1 (1) to provide the documentation needed by the 

2 General Services Administration to process a request 

3 for aircraft or vessels under section 102.37.225 of title 

4 41, Code of Federal Regulations; 

5 (2) to comply with the special terms, conditions, 

6 and restrictions imposed on aircraft and vessels under 

7 section 102–37.460 of such title; 

8 (3) to make the vessel available to the United 

9 States Government if it is needed for use by the Com10 mandant of the Coast Guard in time of war or a na11 tional emergency; and 

12 (4) to hold the United States Government harm13 less for any claims arising from exposure to haz14 ardous materials, including asbestos and poly15 chlorinated biphenyls, after conveyance of the vessel, 

16 except for claims arising from use of the vessel by the 

17 United States Government under paragraph (3). 

18 (c) ELIGIBLE ENTITY DEFINED.—In this section, the 

19 term ‘‘eligible entity’’ means a State or local government, 

20 nonprofit corporation, educational agency, community de21 velopment organization, or other entity that agrees to com22 ply with the conditions established under this section. 
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1 TITLE VIII—OIL POLLUTION 

2 PREVENTION 

3 SEC. 801. RULEMAKINGS. 

4 (a) STATUS REPORT.— 

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

6 the date of enactment of this Act, the Secretary shall 

7 provide a report to the Senate Committee on Com8 merce, Science, and Transportation and the House of 

9 Representatives Committee on Transportation and 

10 Infrastructure on the status of all Coast Guard 

11 rulemakings required (but for which no final rule has 

12 been issued as of the date of enactment of this Act) 

13 under section 311 of the Federal Water Pollution Con14 trol Act (33 U.S.C. 1321). 

15 (2) INFORMATION REQUIRED.—The Secretary 

16 shall include in the report required in paragraph 

17 (1)— 

18 (A) a detailed explanation with respect to 

19 each such rulemaking as to— 

20 (i) what steps have been completed; 

21 (ii) what areas remain to be addressed; 

22 and 

23 (iii) the cause of any delays; and 

24 (B) the date by which a final rule may rea25 sonably be expected to be issued. 
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1 (b) FINAL RULES.—The Secretary shall issue a final 

2 rule in each pending rulemaking described in subsection (a) 

3 as soon as practicable, but in no event later than 18 months 

4 after the date of enactment of this Act. 

5 (c) TOWING VESSELS.—No later than 1 year after the 

6 date of enactment of this Act, the Secretary shall issue a 

7 notice of proposed rulemaking regarding inspection require8 ments for towing vessels required under section 3306(j) of 

9 title 46, United States Code. The Secretary shall issue a 

10 final rule pursuant to that rulemaking no later than 2 

11 years after the date of enactment of this Act. 

12 SEC. 802. OIL TRANSFERS FROM VESSELS. 

13 (a) REGULATIONS.—Within 1 year after the date of 

14 enactment of this Act, the Secretary shall promulgate regu15 lations to reduce the risks of oil spills in operations involv16 ing the transfer of oil from or to a tank vessel. The regula17 tions— 

18 (1) shall focus on operations that have the high19 est risks of discharge, including operations at night 

20 and in inclement weather; 

21 (2) shall consider— 

22 (A) requirements for the use of equipment, 

23 such as putting booms in place for transfers, 

24 safety, and environmental impacts; 
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1 (B) operational procedures such as man2 ning standards, communications protocols, and 

3 restrictions on operations in high-risk areas; or 

4 (C) both such requirements and operational 

5 procedures; and 

6 (3) shall take into account the safety of personnel 

7 and effectiveness of available procedures and equip8 ment for preventing or mitigating transfer spills. 

9 (b) APPLICATION WITH STATE LAWS.—The regulations 

10 promulgated under subsection (a) do not preclude the en11 forcement of any State law or regulation the requirements 

12 of which are at least as stringent as requirements under 

13 the regulations (as determined by the Secretary) that— 

14 (1) applies in State waters; 

15 (2) does not conflict with, or interfere with the 

16 enforcement of, requirements and operational proce17 dures under the regulations; and 

18 (3) has been enacted or promulgated before the 

19 date of enactment of this Act. 

20 SEC. 803. IMPROVEMENTS TO REDUCE HUMAN ERROR AND 

21 NEAR MISS INCIDENTS. 

22 (a) REPORT.—Within 1 year after the date of enact23 ment of this Act, the Secretary shall transmit a report to 

24 the Senate Committee on Commerce, Science, and Trans-
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1 portation and the House Committee on Transportation and 

2 Infrastructure that, using available data— 

3 (1) identifies the types of human errors that, 

4 combined, account for over 50 percent of all oil spills 

5 involving vessels that have been caused by human 

6 error in the past 10 years; 

7 (2) identifies the most frequent types of near8 miss oil spill incidents involving vessels such as colli9 sions, allisions, groundings, and loss of propulsion in 

10 the past 10 years; 

11 (3) describes the extent to which there are gaps 

12 in the data with respect to the information required 

13 under paragraphs (1) and (2) and explains the rea14 son for those gaps; and 

15 (4) includes recommendations by the Secretary 

16 to address the identified types of errors and incidents 

17 to address any such gaps in the data. 

18 (b) MEASURES.—Based on the findings contained in 

19 the report required by subsection (a), the Secretary shall 

20 take appropriate action, both domestically and at the Inter21 national Maritime Organization, to reduce the risk of oil 

22 spills caused by human error. 

23 (c) CONFIDENTIALITY OF VOLUNTARILY SUBMITTED

24 INFORMATION.—The identity of a person making a vol25 untary disclosure under this section, and any information 
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1 obtained from any such voluntary disclosure, shall be treat2 ed as confidential. 

3 (d) DISCOVERY OF VOLUNTARILY SUBMITTED INFOR4 MATION.— 

5 (1) IN GENERAL.—Except as provided in this 

6 subsection, a party in a judicial proceeding may not 

7 use discovery to obtain information or data collected 

8 or received by the Secretary for use in the report re9 quired in subsection (a). 

10 (2) EXCEPTION.— 

11 (A) Notwithstanding paragraph (1), a court 

12 may allow discovery by a party in a judicial 

13 proceeding of information or data described in 

14 paragraph (1) if, after an in camera review of 

15 the information or data, the court decides that 

16 there is a compelling reason to allow the dis17 covery. 

18 (B) When a court allows discovery in a ju19 dicial proceeding as permitted under this para20 graph, the court shall issue a protective order— 

21 (i) to limit the use of the information 

22 or data to the judicial proceeding; and 

23 (ii) to prohibit dissemination of the in24 formation or data to any person who does 
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1 not need access to the information or data 

2 for the proceeding. 

3 (C) A court may allow information or data 

4 it has decided is discoverable under this para5 graph to be admitted into evidence in a judicial 

6 proceeding only if the court places the informa7 tion or data under seal to prevent the use of the 

8 information or data for a purpose other than for 

9 the proceeding. 

10 (3) APPLICATION.—Paragraph (1) shall not 

11 apply to— 

12 (A) any disclosure made with actual knowl13 edge that the disclosure was false, inaccurate, or 

14 misleading; or 

15 (B) any disclosure made with reckless dis16 regard as to the truth or falsity of that disclo17 sure. 

18 SEC. 804. OLYMPIC COAST NATIONAL MARINE SANCTUARY. 

19 (a) OLYMPIC COAST NATIONAL MARINE SANCTUARY

20 AREA TO BE AVOIDED.—The Secretary of the Department 

21 in which the Coast Guard is operating and the Under Sec22 retary of Commerce for Oceans and Atmosphere shall revise 

23 the area to be avoided off the coast of the State of Wash24 ington so that restrictions apply to all vessels required to 

25 prepare a response plan pursuant to section 311(j) of the 
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1 Federal Water Pollution Control Act (33 U.S.C. 1321(j)) 

2 (other than fishing or research vessels while engaged in fish3 ing or research within the area to be avoided). 

4 SEC. 805. PREVENTION OF SMALL OIL SPILLS. 

5 The Under Secretary of Commerce for Oceans and At6 mosphere, in consultation with the Secretary of the Depart7 ment in which the Coast Guard is operating and other ap8 propriate agencies, shall establish an oil spill prevention 

9 and education program for small vessels. The program shall 

10 provide for assessment, outreach, and training and vol11 untary compliance activities to prevent and improve the 

12 effective response to oil spills from vessels and facilities not 

13 required to prepare a vessel response plan under the Federal 

14 Water Pollution Control Act (33 U.S.C. 1251 et seq.), in15 cluding recreational vessels, commercial fishing vessels, ma16 rinas, and aquaculture facilities. The Under Secretary may 

17 provide grants to sea grant colleges and institutes des18 ignated under section 207 of the National Sea Grant College 

19 Program Act (33 U.S.C. 1126) and to State agencies, tribal 

20 governments, and other appropriate entities to carry out— 

21 (1) regional assessments to quantify the source, 

22 incidence and volume of small oil spills, focusing ini23 tially on regions in the country where, in the past 10 

24 years, the incidence of such spills is estimated to be 

25 the highest; 
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1 (2) voluntary, incentive-based clean marina pro2 grams that encourage marina operators, recreational 

3 boaters, and small commercial vessel operators to en4 gage in environmentally sound operating and mainte5 nance procedures and best management practices to 

6 prevent or reduce pollution from oil spills and other 

7 sources; 

8 (3) cooperative oil spill prevention education 

9 programs that promote public understanding of the 

10 impacts of spilled oil and provide useful information 

11 and techniques to minimize pollution, including 

12 methods to remove oil and reduce oil contamination 

13 of bilge water, prevent accidental spills during main14 tenance and refueling and properly cleanup and dis15 pose of oil and hazardous substances; and 

16 (4) support for programs, including outreach 

17 and education to address derelict vessels and the 

18 threat of such vessels sinking and discharging oil and 

19 other hazardous substances, including outreach and 

20 education to involve efforts to the owners of such ves21 sels. 

22 (b) AUTHORIZATION OF APPROPRIATIONS.—There are 

23 authorized to be appropriated to the Under Secretary of 

24 Commerce for Oceans and Atmosphere to carry out this sec-
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1 tion, $10,000,000 for each of fiscal years 2010 through 

2 2014. 

3 SEC. 806. IMPROVED COORDINATION WITH TRIBAL GOV4 ERNMENTS. 

5 (a) IN GENERAL.—Within 6 months after the date of 

6 enactment of this Act, the Secretary of the Department in 

7 which the Coast Guard is operating shall complete the devel8 opment of a tribal consultation policy, which recognizes and 

9 protects to the maximum extent practicable tribal treaty 

10 rights and trust assets in order to improve the Coast 

11 Guard’s consultation and coordination with the tribal gov12 ernments of federally recognized Indian tribes with respect 

13 to oil spill prevention, preparedness, response and natural 

14 resource damage assessment. 

15 (b) INCLUSION OF TRIBAL GOVERNMENT.—The Sec16 retary of the Department in which the Coast Guard is oper17 ating shall ensure that, as soon as practicable after identi18 fying an oil spill that is likely to have a significant impact 

19 on natural or cultural resources owned or directly utilized 

20 by a federally recognized Indian tribe, the Coast Guard 

21 will— 

22 (1) ensure that representatives of the tribal gov23 ernment of the affected tribes are included as part of 

24 the incident command system established by the Coast 

25 Guard to respond to the spill; 
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1 (2) share information about the oil spill with the 

2 tribal government of the affected tribe; and 

3 (3) to the extent practicable, involve tribal gov4 ernments in deciding how to respond to the spill. 

5 (c) COOPERATIVE ARRANGEMENTS.—The Coast Guard 

6 may enter into memoranda of agreement and associated 

7 protocols with Indian tribal governments in order to estab8 lish cooperative arrangements for oil pollution prevention, 

9 preparedness, and response. Such memoranda may be en10 tered into prior to the development of the tribal consultation 

11 and coordination policy to provide Indian tribes grant and 

12 contract assistance. Such memoranda of agreement and as13 sociated protocols with Indian tribal governments may in14 clude— 

15 (1) arrangements for the assistance of the tribal 

16 government to participate in the development of the 

17 National Contingency Plan and local Area Contin18 gency Plans to the extent they affect tribal lands, cul19 tural and natural resources; 

20 (2) arrangements for the assistance of the tribal 

21 government to develop the capacity to implement the 

22 National Contingency Plan and local Area Contin23 gency Plans to the extent they affect tribal lands, cul24 tural and natural resources; 
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1 (3) provisions on coordination in the event of a 

2 spill, including agreements that representatives of the 

3 tribal government will be included as part of the re4 gional response team co-chaired by the Coast Guard 

5 and the Environmental Protection Agency to establish 

6 policies for responding to oil spills; 

7 (4) arrangements for the Coast Guard to provide 

8 training of tribal incident commanders and spill re9 sponders for oil spill preparedness and response; 

10 (5) demonstration projects to assist tribal gov11 ernments in building the capacity to protect tribal 

12 treaty rights and trust assets from oil spills; and 

13 (6) such additional measures the Coast Guard 

14 determines to be necessary for oil pollution preven15 tion, preparedness, and response. 

16 (d) FUNDING FOR TRIBAL PARTICIPATION.—Subject to 

17 the availability of appropriations, the Commandant of the 

18 Coast Guard shall provide assistance to participating tribal 

19 governments in order to facilitate the implementation of co20 operative arrangements under subsection (c) and ensure the 

21 participation of tribal governments in such arrangements. 

22 There are authorized to be appropriated to the Com23 mandant $500,000 for each of fiscal years 2010 through 

24 2014 to be used to carry out this section. 
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1 SEC. 807. REPORT ON AVAILABILITY OF TECHNOLOGY TO 

2 DETECT THE LOSS OF OIL. 

3 Within 1 year after the date of enactment of this Act, 

4 the Secretary of the Department in which the Coast Guard 

5 is operating shall submit a report to the Senate Committee 

6 on Commerce, Science, and Transportation and the House 

7 of Representatives Committee on Energy and Commerce on 

8 the availability, feasibility, and potential cost of technology 

9 to detect the loss of oil carried as cargo or as fuel on tank 

10 and non-tank vessels greater than 400 gross tons. 

11 SEC. 808. USE OF OIL SPILL LIABILITY TRUST FUND. 

12 (a) IN GENERAL.—Section 1012(a)(5) of the Oil Pollu13 tion Act of 1990 (33 U.S.C. 2712(a)(5)) is amended— 

14 (1) by redesignating subparagraphs (B) and (C) 

15 as subparagraphs (C) and (D), respectively; and 

16 (2) by inserting after subparagraph (A) the fol17 lowing: 

18 ‘‘(B) not more than $15,000,000 in each fis19 cal year shall be available to the Under Sec20 retary of Commerce for Oceans and Atmosphere 

21 for expenses incurred by, and activities related 

22 to, response and damage assessment capabilities 

23 of the National Oceanic and Atmospheric Ad24 ministration;’’. 

25 (b) AUDITS; ANNUAL REPORTS.—Section 1012 of the 

26 Oil Pollution Act of 1990 (33 U.S.C. 2712) is amended— 
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1 (1) by striking subsection (g) and inserting the 

2 following: 

3 ‘‘(g) AUDITS.— 

4 ‘‘‘(1) IN GENERAL.—The Comptroller General of 

5 the United States shall conduct an audit, including 

6 a detailed accounting of each disbursement from the 

7 Fund in excess of $500,000 that is— 

8 ‘‘(A) disbursed by the National Pollution 

9 Fund Center; and 

10 ‘‘(B) administered and managed by the re11 ceiving Federal agencies, including final pay12 ments made to agencies and contractors and, to 

13 the extent possible, subcontractors. 

14 ‘‘(2) FREQUENCY.—The audits shall be con15 ducted— 

16 ‘‘(A) at least once every 3 years after the 

17 date of enactment of the Coast Guard Authoriza18 tion Act for Fiscal Years 2010 and 2011 until 

19 2016; and 

20 ‘‘(B) at least once every 5 years after the 

21 last audit conducted under subparagraph (A). 

22 ‘‘(3) SUBMISSION OF RESULTS.—The Comp23 troller shall submit the results of each audit conducted 

24 under paragraph (1) to— 
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1 ‘‘(A) the Senate Committee on Commerce, 

2 Science, and Transportation; 

3 ‘‘(B) the House of Representatives Com4 mittee on Transportation and Infrastructure; 

5 and 

6 ‘‘(C) the Secretary or Administrator of each 

7 agency referred to in paragraph (1)(B).’’; and 

8 (2) by adding at the end thereof the following: 

9 ‘‘(h) REPORTS.— 

10 ‘‘(1) IN GENERAL.—Within one year after the 

11 date of enactment of the Coast Guard Authorization 

12 Act for Fiscal Years 2010 and 2011, and annually 

13 thereafter, the President, through the Secretary of the 

14 Department in which the Coast Guard is operating, 

15 shall— 

16 ‘‘(A) provide a report on disbursements for 

17 the preceding fiscal year from the Fund, regard18 less of whether those disbursements were subject 

19 to annual appropriations, to— 

20 ‘‘(i) the Senate Committee on Com21 merce, Science, and Transportation; and 

22 ‘‘(ii) the House of Representatives 

23 Committee on Transportation and Infra24 structure: and 
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1 ‘‘(B) make the report available to the public 

2 on the National Pollution Funds Center Internet 

3 website. 

4 ‘‘(2) CONTENTS.—The report shall include— 

5 ‘‘(A) a list of each disbursement of $250,000 

6 or more from the Fund during the preceding fis7 cal year; and 

8 ‘‘(B) a description of how each such use of 

9 the Fund meets the requirements of subsection 

10 (a). 

11 ‘‘(3) AGENCY RECORDKEEPING.—Each Federal 

12 agency that receives amounts from the Fund shall 

13 maintain records describing the purposes for which 

14 such funds were obligated or expended in such detail 

15 as the Secretary may require for purposes of the re16 port required under paragraph (1). 

17 ‘‘(i) AUTHORIZATIONS.—There are authorized to be 

18 appropriated such sums as may be necessary to carry out 

19 subsections (g) and (h).’’. 

20 SEC. 809. INTERNATIONAL EFFORTS ON ENFORCEMENT. 

21 The Secretary, in consultation with the heads of other 

22 appropriate Federal agencies, shall ensure that the Coast 

23 Guard pursues stronger enforcement in the International 

24 Maritime Organization of agreements related to oil dis-
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1 charges, including joint enforcement operations, training, 

2 and stronger compliance mechanisms. 

3 SEC. 810. HIGHER VOLUME PORT AREA REGULATORY DEFI4 NITION CHANGE. 

5 (a) IN GENERAL.—Within 1 year after the date of en6 actment of this Act, the Commandant shall initiate a rule7 making proceeding to modify the definition of the term 

8 ‘‘higher volume port area’’ in section 155.1020 of the Coast 

9 Guard regulations (33 C.F.R. 155.1020) by striking ‘‘Port 

10 Angeles, WA’’ in paragraph (13) of that section and insert11 ing ‘‘Cape Flattery, WA’’. 

12 (b) EMERGENCY RESPONSE PLAN REVIEWS.—Within 

13 5 years after the date of enactment of this Act, the Coast 

14 Guard shall complete its review of any changes to emer15 gency response plans under the Federal Water Pollution 

16 Control Act (33 U.S.C. 1251 et seq.) resulting from the 

17 modification of the higher volume port area definition re18 quired by subsection (a). 

19 SEC. 811. TUG ESCORTS FOR LADEN OIL TANKERS. 

20 (a) COMPARABILITY ANALYSIS.— 

21 (1) IN GENERAL.—Within 1 year after the date 

22 of enactment of this Act, the Commandant, in con23 sultation with the Secretary of State, shall enter into 

24 negotiations with the Government of Canada to up25 date the comparability analysis which serves as the 
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1 basis for the Cooperative Vessel Traffic Service agree2 ment between the United States and Canada for the 

3 management of maritime traffic in Puget Sound, the 

4 Strait of Georgia, Haro Strait, Rosario Strait, and 

5 the Strait of Juan de Fuca. The updated analysis 

6 shall, at a minimum, consider— 

7 (A) requirements for laden tank vessels to be 

8 escorted by tug boats; 

9 (B) vessel emergency response towing capa10 bility at the entrance to the Strait of Juan de 

11 Fuca; and 

12 (C) spill response capability throughout the 

13 shared water, including oil spill response plan14 ning requirements for vessels bound for one na15 tion transiting in innocent passage through the 

16 waters of the other nation. 

17 (2) CONSULTATION REQUIREMENT.—In con18 ducting the analysis required under this subsection, 

19 the Commandant shall consult with the State of 

20 Washington and affected tribal governments. 

21 (3) RECOMMENDATIONS.—Within 18 months 

22 after the date of enactment of this Act, the Com23 mandant shall submit recommendations based on the 

24 analysis required under this subsection to the Senate 

25 Committee on Commerce, Science, and Transpor-
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1 tation and the House of Representatives Committee 

2 on Transportation and Infrastructure. The rec3 ommendations shall consider a full range of options 

4 for the management of maritime traffic, including 

5 Federal legislation, promulgation of Federal rules, 

6 and the establishment of cooperative agreements for 

7 shared funding of spill prevention and response sys8 tems. 

9 (b) DUAL ESCORT VESSELS FOR DOUBLE HULLED

10 TANKERS IN PRINCE WILLIAM SOUND, ALASKA.— 

11 (1) IN GENERAL.—Section 4116(c) of the Oil 

12 Pollution Act of 1990 (46 U.S.C. 3703 note) is 

13 amended— 

14 (A) by striking ‘‘Not later than 6 months 

15 after the date of the enactment of this Act, the’’ 

16 and inserting ‘‘(1) IN GENERAL.—The’’; and 

17 (B) by adding at the end the following: 

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

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

20 paragraph (1) relating to single hulled tankers 

21 in Prince William Sound, Alaska, described in 

22 that paragraph being escorted by at least 2 tow23 ing vessels or other vessels considered to be ap24 propriate by the Secretary (including regulations 

25 promulgated in accordance with section 
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1 3703(a)(3) of title 46, United States Code, as set 

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

3 Regulations (as in effect on March 1, 2009) im4 plementing this subsection with respect to those 

5 tankers) shall apply to double hulled tankers over 

6 5,000 gross tons transporting oil in bulk in 

7 Prince William Sound, Alaska. 

8 ‘‘(B) IMPLEMENTATION OF REQUIRE9 MENTS.—The Secretary of the Federal agency 

10 with jurisdiction over the Coast Guard shall 

11 carry out subparagraph (A) by order without no12 tice and hearing pursuant to section 553 of title 

13 5 of the United States Code.’’. 

14 (2) EFFECTIVE DATE.—The amendments made 

15 by subsection (b) take effect on the date that is 90 

16 days after the date of enactment of this Act. 

17 (c) PRESERVATION OF STATE AUTHORITY.—Nothing 

18 in this Act or in any other provision of Federal law related 

19 to the regulation of maritime transportation of oil shall af20 fect, or be construed or interpreted as preempting, the laws 

21 or regulations of any State or political subdivision thereof 

22 in effect on the date of enactment of this Act which require 

23 the escort by one or more tugs of laden oil tankers in the 

24 areas other than Prince William Sound which are specified 
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1 in section 4116(c) of the Oil Pollution Act of 1990 (46 

2 U.S.C. 3703 note). 

3 SEC. 812. EXTENSION OF FINANCIAL RESPONSIBILITY. 

4 Section 1016(a) of the Oil Pollution Act of 1990 (33 

5 U.S.C. 2716(a)) is amended— 

6 (1) by striking ‘‘or’’ after the semicolon in para7 graph (1); 

8 (2) by inserting ‘‘or’’ after the semicolon in 

9 paragraph (2); and 

10 (3) by inserting after paragraph (2) the fol11 lowing: 

12 ‘‘(3) any tank vessel over 100 gross tons (except 

13 a non-self-propelled vessel that does not carry oil as 

14 cargo) using any place subject to the jurisdiction of 

15 the United States;’’. 

16 SEC. 813. OIL SPILL LIABILITY TRUST FUND INVESTMENT 

17 AMOUNT. 

18 Within 30 days after the date of enactment of this Act, 

19 the Secretary of the Treasury shall increase the amount in20 vested in income producing securities under section 5006(b) 

21 of the Oil Pollution Act of 1990 (33 U.S.C. 2736(b)) by 

22 $12,851,340. 

23 SEC. 814. LIABILITY FOR USE OF SINGLE-HULL VESSELS. 

24 Section 1001(32)(A) of the Oil Pollution Act of 1990 

25 (33 U.S.C. 2701(32)(A)) is amended by inserting ‘‘In the 
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1 case of a vessel, the term ‘responsible party’ also includes 

2 the owner of oil being transported in a tank vessel with 

3 a single hull after December 31, 2010 (other than a vessel 

4 described in section 3703a(b)(3) of title 46, United States 

5 Code).’’ after ‘‘vessel.’’. 

6 TITLE IX—MISCELLANEOUS 

7 PROVISIONS 

8 SEC. 901. VESSEL DETERMINATION. 

9 (a) VESSELS DEEMED TO BE NEW VESSELS.—The 

10 vessel with United States official number 981472 and the 

11 vessel with United States official number 988333 shall each 

12 be deemed to be a new vessel effective upon the date of deliv13 ery after January 1, 2008, from a privately-owned United 

14 States shipyard if no encumbrances are on record with the 

15 United States Coast Guard at the time of the issuance of 

16 the new vessel certificate of documentation for such vessel 

17 (b) SAFETY INSPECTION.—Each vessel shall be subject 

18 to the vessel safety and inspection requirements of title 46, 

19 United States Code, applicable to any such vessel as of the 

20 day before the date of enactment of this Act. 

21 SEC. 902. CONVEYANCE OF THE PRESQUE ISLE LIGHT STA22 TION FRESNEL LENS TO PRESQUE ISLE 

23 TOWNSHIP, MICHIGAN. 

24 (a) CONVEYANCE OF LENS AUTHORIZED.— 
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1 (1) TRANSFER OF POSSESSION.—Notwith2 standing any other provision of law, the Com3 mandant of the Coast Guard may transfer to Presque 

4 Isle Township, a township in Presque Isle County in 

5 the State of Michigan (in this section referred to as 

6 the ‘‘Township’’), possession of the Historic Fresnel 

7 Lens (in this section referred to as the ‘‘Lens’’) from 

8 the Presque Isle Light Station Lighthouse, Michigan 

9 (in this section referred to as the ‘‘Lighthouse’’). 

10 (2) CONDITION.—As a condition of the transfer 

11 of possession authorized by paragraph (1), the Town12 ship shall, not later than one year after the date of 

13 transfer, install the Lens in the Lighthouse for the 

14 purpose of operating the Lens and Lighthouse as a 

15 Class I private aid to navigation pursuant to section 

16 85 of title 14, United States Code, and the applicable 

17 regulations under that section. 

18 (3) CONVEYANCE OF LENS.—Upon the certifi19 cation of the Commandant that the Township has in20 stalled the Lens in the Lighthouse and is able to oper21 ate the Lens and Lighthouse as a private aid to navi22 gation as required by paragraph (2), the Com23 mandant shall convey to the Township all right, title, 

24 and interest of the United States in and to the Lens. 
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1 (4) CESSATION OF UNITED STATES OPERATIONS

2 OF AIDS TO NAVIGATION AT LIGHTHOUSE.—Upon the 

3 making of the certification described in paragraph 

4 (3), all active Federal aids to navigation located at 

5 the Lighthouse shall cease to be operated and main6 tained by the United States. 

7 (b) REVERSION.— 

8 (1) REVERSION FOR FAILURE OF AID TO NAVIGA9 TION.—If the Township does not comply with the con10 dition set forth in subsection (a)(2) within the time 

11 specified in that subsection, the Township shall, ex12 cept as provided in paragraph (2), return the Lens to 

13 the Commandant at no cost to the United States and 

14 under such conditions as the Commandant may re15 quire. 

16 (2) EXCEPTION FOR HISTORICAL PRESERVA17 TION.—Notwithstanding the lack of compliance of the 

18 Township as described in paragraph (1), the Town19 ship may retain possession of the Lens for installa20 tion as an artifact in, at, or near the Lighthouse 

21 upon the approval of the Commandant. The Lens 

22 shall be retained by the Township under this para23 graph under such conditions for the preservation and 

24 conservation of the Lens as the Commandant shall 

25 specify for purposes of this paragraph. Installation of 
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1 the Lens under this paragraph shall occur, if at all, 

2 not later than two years after the date of the transfer 

3 of the Lens to the Township under subsection (a)(1). 

4 (3) REVERSION FOR FAILURE OF HISTORICAL

5 PRESERVATION.—If retention of the Lens by the 

6 Township is authorized under paragraph (2) and the 

7 Township does not install the Lens in accordance 

8 with that paragraph within the time specified in that 

9 paragraph, the Township shall return the lens to the 

10 Coast Guard at no cost to the United States and 

11 under such conditions as the Commandant may re12 quire. 

13 (c) CONVEYANCE OF ADDITIONAL PERSONAL PROP14 ERTY.— 

15 (1) TRANSFER AND CONVEYANCE OF PERSONAL

16 PROPERTY.—Notwithstanding any other provision of 

17 law, the Commandant may transfer to the Township 

18 any additional personal property of the United States 

19 related to the Lens that the Commandant considers 

20 appropriate for conveyance under this section. If the 

21 Commandant conveys the Lens to the Township under 

22 subsection (a)(3), the Commandant may convey to the 

23 Township any personal property previously trans24 ferred to the Township under this subsection. 
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1 (2) REVERSION.—If the Lens is returned to the 

2 Coast Guard pursuant to subsection (b), the Township 

3 shall return to the Coast Guard all personal property 

4 transferred or conveyed to the Township under this 

5 subsection except to the extent otherwise approved by 

6 the Commandant. 

7 (d) CONVEYANCE WITHOUT CONSIDERATION.—The 

8 conveyance of the Lens and any personal property under 

9 this section shall be without consideration. 

10 (e) DELIVERY OF PROPERTY.—The Commandant shall 

11 deliver property conveyed under this section— 

12 (1) at the place where such property is located 

13 on the date of the conveyance; 

14 (2) in condition on the date of conveyance; and 

15 (3) without cost to the United States. 

16 (f) MAINTENANCE OF PROPERTY.—As a condition of 

17 the conveyance of any property to the Township under this 

18 section, the Commandant shall enter into an agreement 

19 with the Township under which the Township agrees— 

20 (1) to operate the Lens as a Class I private aid 

21 to navigation under section 85 of title 14, United 

22 States Code, and application regulations under that 

23 section; and 
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1 (2) to hold the United States harmless for any 

2 claim arising with respect to personal property con3 veyed under this section. 

4 (g) LIMITATION ON FUTURE CONVEYANCE.—The in5 struments providing for the conveyance of property under 

6 this section shall— 

7 (1) require that any further conveyance of an in8 terest in such property may not be made without the 

9 advance approval of the Commandant; and 

10 (2) provide that, if the Commandant determines 

11 that an interest in such property was conveyed with12 out such approval— 

13 (A) all right, title, and interest in such 

14 property shall revert to the United States, and 

15 the United States shall have the right to imme16 diate possession of such property; and 

17 (B) the recipient of such property shall pay 

18 the United States for costs incurred by the 

19 United States in recovering such property. 

20 (h) ADDITIONAL TERMS AND CONDITIONS.—The Com21 mandant may require such additional terms and conditions 

22 in connection with the conveyances authorized by this sec23 tion as the Commandant considers appropriate to protect 

24 the interests of the United States. 
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1 SEC. 903. LAND CONVEYANCE, COAST GUARD PROPERTY IN 

2 MARQUETTE COUNTY, MICHIGAN, TO THE 

3 CITY OF MARQUETTE, MICHIGAN. 

4 (a) CONVEYANCE AUTHORIZED.—The Commandant of 

5 the Coast Guard may convey, without consideration, to the 

6 City of Marquette, Michigan (in this section referred to as 

7 the ‘‘City’’), all right, title, and interest of the United States 

8 in and to a parcel of real property, together with any im9 provements thereon, located in Marquette County, Michi10 gan, that is under the administrative control of the Coast 

11 Guard, consists of approximately 5.5 acres, and is com12 monly identified as Coast Guard Station Marquette and 

13 Lighthouse Point. 

14 (b) RETENTION OF CERTAIN EASEMENTS.—In con15 veying the property under subsection (a), the Commandant 

16 of the Coast Guard may retain such easements over the 

17 property as the Commandant considers appropriate for ac18 cess to aids to navigation. 

19 (c) LIMITATIONS.—The property to be conveyed by 

20 subsection (a) may not be conveyed under that subsection 

21 until— 

22 (1) the Coast Guard has relocated Coast Guard 

23 Station Marquette to a newly constructed station; 

24 (2) any environmental remediation required 

25 under Federal law with respect to the property has 

26 been completed; and 
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1 (3) the Commandant of the Coast Guard deter2 mines that retention of the property by the United 

3 States is not required to carry out Coast Guard mis4 sions or functions. 

5 (d) CONDITIONS OF TRANSFER.—All conditions placed 

6 within the deed of title of the property to be conveyed under 

7 subsection (a) shall be construed as covenants running with 

8 the land. 

9 (e) INAPPLICABILITY OF SCREENING OR OTHER RE10 QUIREMENTS.—The conveyance of property authorized by 

11 subsection (a) shall be made without regard to the following: 

12 (1) Section 2696 of title 10, United States Code. 

13 (2) Chapter 5 of title 40, United States Code. 

14 (3) Any other provision of law relating to the 

15 screening, evaluation, or administration of excess or 

16 surplus Federal property prior to conveyance by the 

17 Administrator of General Services. 

18 (f) EXPIRATION OF AUTHORITY.—The authority in 

19 subsection (a) shall expire on the date that is five years 

20 after the date of the enactment of this Act. 

21 (g) DESCRIPTION OF PROPERTY.—The exact acreage 

22 and legal description of the property to be conveyed under 

23 subsection (a) shall be determined by a survey satisfactory 

24 to the Commandant of the Coast Guard. The cost of the 

25 survey shall be borne by the United States. 
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1 (h) ADDITIONAL TERMS AND CONDITIONS.—The Com2 mandant of the Coast Guard may require such additional 

3 terms and conditions in connection with the conveyance au4 thorized by subsection (a) as the Commandant considers ap5 propriate to protect the interests of the United States. 

6 SEC. 904. OFFSHORE SUPPLY VESSELS. 

7 (a) REMOVAL OF TONNAGE LIMITS.— 

8 (1) DEFINITION.— 

9 (A) Section 2101(19) of title 46, United 

10 States Code, is amended by striking ‘‘of more 

11 than 15 gross tons but less than 500 gross tons 

12 as measured under section 14502 of this title, or 

13 an alternate tonnage measured under section 

14 14302 of this title as prescribed by the Secretary 

15 under section 14104 of this title’’. 

16 (B) EXEMPTION.—Section 5209(b)(1) of the 

17 Oceans Act of 1992 (Public Law 102–587; 46 

18 U.S.C. 2101 note) is amended by striking ‘‘ves19 sel.’’ and inserting ‘‘vessel of less than 500 gross 

20 tons as measured under section 14502 of title 46, 

21 United States Code, or an alternate tonnage 

22 measured under section 14302 of such title as 

23 prescribed by the Secretary under section 14104 

24 of such title.’’. 
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1 (2) APPLICATION.—Section 3702(b) of title 46, 

2 United States Code, is amended by striking para3 graph (1) and redesignating paragraphs (2) and (3) 

4 as paragraphs (1) and (2), respectively. 

5 (b) SCALE OF EMPLOYMENT: ABLE SEAMEN.—Section 

6 7312(d) of title 46, United States Code, is amended to read 

7 as follows: 

8 ‘‘(d) Individuals qualified as able seamen—offshore 

9 supply vessels under section 7310 of this title may con10 stitute all of the able seamen required on board a vessel 

11 of less than 500 gross tons as measured under section 14502 

12 of this title or an alternate tonnage as measured under sec13 tion 14302 of this title as prescribed by the Secretary under 

14 section 14104 of this title engaged in support of exploration, 

15 exploitation, or production of offshore mineral or energy re16 sources. Individuals qualified as able seamen—limited 

17 under section 7308 of this title may constitute all of the 

18 able seamen required on board a vessel of at least 500 gross 

19 tons as measured under section 14502 of this title or an 

20 alternate tonnage measured under section 14302 of this title 

21 as prescribed by the Secretary under section 14104 of this 

22 title engaged in support of exploration, exploitation, or pro23 duction of offshore mineral or energy resources.’’. 
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1 (c) MINIMUM NUMBER OF LICENSED INDIVIDUALS.— 

2 Section 8301(b) of title 46, United States Code, is amended 

3 to read as follows: 

4 ‘‘(b)(1) An offshore supply vessel of less than 500 gross 

5 tons as measured under section 14502 of this title or 6,000 

6 gross tons as measured under section 14302 of this title on 

7 a voyage of less than 600 miles shall have a licensed mate. 

8 If the vessel is on a voyage of at least 600 miles, however, 

9 the vessel shall have 2 licensed mates. 

10 ‘‘(2) An offshore supply vessel shall have at least one 

11 mate. Additional mates on an offshore supply vessel of at 

12 least 6,000 gross tons as measured under section 14302 of 

13 this title shall be prescribed in accordance with hours of 

14 service requirements (including recording and record keep15 ing of that service) prescribed by the Secretary. 

16 ‘‘(3) An offshore supply vessel of more than 200 gross 

17 tons as measured under section 14502 of this title, or an 

18 alternate tonnage measured under section 14302 of this title 

19 as prescribed by the Secretary under section 14104 of this 

20 title, may not be operated without a licensed engineer.’’. 

21 (d) WATCHES.—Section 8104(g) of title 46, United 

22 States Code, is amended— 

23 (1) by inserting ‘‘(1)’’ after ‘‘(g)’’; and 

24 (2) by adding at the end the following: 
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1 ‘‘(2) Paragraph (1) applies to an offshore supply vessel 

2 of at least 6,000 gross tons as measured under section 14302 

3 of this title if the individuals engaged on the vessel are in 

4 compliance with hours of service requirements (including 

5 recording and record-keeping of that service) as prescribed 

6 by the Secretary.’’. 

7 (e) OIL FUEL TANK PROTECTION.— 

8 (1) APPLICATION.—An offshore supply vessel of 

9 at least 6,000 gross tons as measured under section 

10 14302 of this title that is constructed under a contract 

11 entered into after the date of enactment of this Act, 

12 or that is delivered after August 1, 2010, with an ag13 gregate capacity of 600 cubic meters or more of oil 

14 fuel, shall comply with the requirements of Regulation 

15 12A under Annex I to the Protocol of 1978 relating 

16 to the International Convention for the Prevention of 

17 Pollution from Ships, 1973, entitled Oil Fuel Tank 

18 Protection, regardless of whether such vessel is en19 gaged in the coastwise trade or on an international 

20 voyage. 

21 (2) DEFINITION.—In this subsection the term 

22 ‘‘oil fuel’’ means any oil used as fuel in connection 

23 with the propulsion and auxiliary machinery of the 

24 vessel in which such oil is carried. 

25 (f) REGULATIONS.— 
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1 (1) IN GENERAL.—Not later than January 1, 

2 2012, the Secretary of the department in which the 

3 Coast Guard is operating shall promulgate regula4 tions to implement the amendments and authorities 

5 enacted by this section for offshore supply vessels of 

6 at least 6,000 gross tons as measured under section 

7 14302 of title 46, United States Code, and to ensure 

8 the safe carriage of oil, hazardous substances, and in9 dividuals in addition to the crew on such vessels. The 

10 final rule issued pursuant to such rulemaking may 

11 supersede the interim final rule promulgated under 

12 paragraph (2) of this subsection. In promulgating 

13 regulations under this subsection, the Secretary shall 

14 take into consideration the characteristics of offshore 

15 supply vessels, their methods of operation, and their 

16 service in support of exploration, exploitation, or pro17 duction of offshore mineral or energy resources. 

18 (2) INTERIM FINAL RULE AUTHORITY.—As soon 

19 as is practicable and without regard to the provisions 

20 of chapters 5 and 6 of title 5, United States Code, the 

21 Secretary shall issue an interim final rule as a tem22 porary regulation implementing this section (includ23 ing the amendments made by this section) for offshore 

24 supply vessels of at least 6,000 gross tons as measured 

25 under section 14302 of title 46, United States Code, 
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1 and to ensure the safe carriage of oil, hazardous sub2 stances, and individuals in addition to the crew on 

3 such vessels. 

4 (3) INTERIM PERIOD.—After the effective date of 

5 this Act, prior to the effective date of the regulations 

6 prescribed by paragraph (2) of this subsection, and 

7 without regard to the provisions of chapters 5 and 6 

8 of title 5, United States Code, and the offshore supply 

9 vessel tonnage limits of applicable regulations and 

10 policy guidance promulgated prior to the date of en11 actment of this Act, the Secretary may— 

12 (A) issue a certificate of inspection under 

13 section 3309 of title 46, United States Code, to 

14 an offshore supply vessel of at least 6,000 gross 

15 tons as measured under section 14302 of this 

16 title if the Secretary determines that such vessel’s 

17 arrangements and equipment meet the current 

18 Coast Guard requirements for certification as a 

19 cargo and miscellaneous vessel; and 

20 (B) authorize a master, mate or engineer 

21 who possesses an ocean or near coastal license 

22 under part 10 of subchapter B of title 46, Code 

23 of Federal Regulations, (or any successor regula24 tion) which qualifies the licensed officer for serv25 ice on offshore supply vessels of more than 3,000 
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1 gross tons, as measured under section 14302 of 

2 title 46, United States Code, to operate offshore 

3 supply vessels of 6,000 gross tons or greater, as 

4 measured under such section. 

5 SEC. 905. ASSESSMENT OF CERTAIN AIDS TO NAVIGATION 

6 AND TRAFFIC FLOW. 

7 (a) INFORMATION ON USAGE.—Within 60 days after 

8 the date of enactment of this Act, the Commandant of the 

9 Coast Guard shall— 

10 (1) determine the types and numbers of vessels 

11 typically transiting or utilizing that portion of the 

12 Atlantic Intracoastal Waterway beginning at a point 

13 that is due East of the outlet of the Cutler Drain 

14 Canal C–100 in Dade County, Florida, and ending at 

15 the Dade County line, during a period of 30 days; 

16 and 

17 (2) provide the information on usage compiled 

18 under this subsection to the Senate Committee on 

19 Commerce, Science, and Transportation and the 

20 House of Representatives Committee on Transpor21 tation and Infrastructure. 

22 (b) ASSESSMENT OF CERTAIN AIDS TO NAVIGATION.— 

23 Within 90 days after the date of enactment of this Act, the 

24 Commandant of the Coast Guard shall— 
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1 (1) review and assess the buoys, markers, and 

2 other aids to navigation in and along that portion of 

3 the Atlantic Intracoastal Waterway specified in sub4 section (a), to determine the adequacy and sufficiency 

5 of such aids, and the need to replace such aids, install 

6 additional aids, or both; and 

7 (2) submit a report on the assessment required 

8 by this section to the committees. 

9 (c) SUBMISSION OF PLAN.—Within 180 days after the 

10 date of enactment of this Act, the Commandant shall submit 

11 a plan to the committees to address the needs identified 

12 under subsection (b). 

13 SEC. 906. ALTERNATIVE LICENSING PROGRAM FOR OPERA14 TORS OF UNINSPECTED PASSENGER VESSELS 

15 ON LAKE TEXOMA IN TEXAS AND OKLAHOMA. 

16 (a) IN GENERAL.—Upon the request of the Governor 

17 of the State of Texas or the Governor of the State of Okla18 homa, the Secretary of the department in which the Coast 

19 Guard is operating shall enter into an agreement with the 

20 Governor of the State whereby the State shall license opera21 tors of uninspected passenger vessels operating on Lake 

22 Texoma in Texas and Oklahoma in lieu of the Secretary 

23 issuing the license pursuant to section 8903 of title 46, 

24 United States Code, and the regulations issued thereunder, 
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1 but only if the State plan for licensing the operators of 

2 uninspected passenger vessels— 

3 (1) meets the equivalent standards of safety and 

4 protection of the environment as those contained in 

5 subtitle II of title 46, United States Code, and regula6 tions issued thereunder; 

7 (2) includes— 

8 (A) standards for chemical testing for such 

9 operators; 

10 (B) physical standards for such operators; 

11 (C) professional service and training re12 quirements for such operators; and 

13 (D) criminal history background check for 

14 such operators; 

15 (3) provides for the suspension and revocation of 

16 State licenses; 

17 (4) makes an individual, who is ineligible for a 

18 license issued under title 46, United States Code, in19 eligible for a State license; and 

20 (5) provides for a report that includes— 

21 (A) the number of applications that, for the 

22 preceding year, the State rejected due to failure 

23 to— 

24 (i) meet chemical testing standards; 

25 (ii) meet physical standards; 
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1 (iii) meet professional service and 

2 training requirements; and 

3 (iv) pass criminal history background 

4 check for such operators; 

5 (B) the number of licenses that, for the pre6 ceding year, the State issued; 

7 (C) the number of license investigations 

8 that, for the preceding year, the State conducted; 

9 (D) the number of licenses that, for the pre10 ceding year, the State suspended or revoked, and 

11 the cause for such suspensions or revocations; 

12 and 

13 (E) the number of injuries, deaths, colli14 sions, and loss or damage associated with 

15 uninspected passenger vessels operations that, for 

16 the preceding year, the State investigated. 

17 (b) ADMINISTRATION.— 

18 (1) The Governor of the State may delegate the 

19 execution and enforcement of the State plan, includ20 ing the authority to license and the duty to report in21 formation pursuant to subsection (a), to any subordi22 nate State officer. The Governor shall provide, to the 

23 Secretary, written notice of any delegation. 

24 (2) The Governor (or the Governor’s designee) 

25 shall provide written notice of any amendment to the 
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1 State plan no less than 45 days prior to the effective 

2 date of such amendment. 

3 (3) At the request of the Secretary, the Governor 

4 of the State (or the Governor’s designee) shall grant, 

5 on a biennial basis, the Secretary access to State 

6 records and State personnel for the purpose of audit7 ing State execution and enforcement of the State 

8 plan. 

9 (c) APPLICATION.— 

10 (1) The requirements of section 8903 of title 46, 

11 United States Code, and the regulations issued there12 under shall not apply to any person operating under 

13 the authority of a State license issued pursuant to an 

14 agreement under this section. 

15 (2) The State shall not compel a person, oper16 ating under the authority of a license issued either by 

17 another State, pursuant to a valid agreement under 

18 this section, or by the Secretary, pursuant to section 

19 8903 of title 46, United States Code, to— 

20 (A) hold a license issued by the State, pur21 suant to an agreement under this section; or 

22 (B) pay any fee, associated with licensing, 

23 because the person does not hold a license issued 

24 by the State, pursuant to an agreement under 

25 this section. 
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1 Nothing in this paragraph shall limit the authority 

2 of the State to impose requirements or fees for privi3 leges, other than licensing, that are associated with 

4 the operation of uninspected passenger vessels on Lake 

5 Texoma. 

6 (3) For the purpose of enforcement, if an indi7 vidual is issued a license— 

8 (A) by a State, pursuant to an agreement 

9 entered into under to this section, or 

10 (B) by the Secretary, pursuant to section 

11 8903 of title 46, United States Code, 

12 then the individual shall be entitled to lawfully oper13 ate an uninspected passenger vessel on Lake Texoma 

14 in Texas and Oklahoma without further requirement 

15 to hold an additional operator’s license. 

16 (d) TERMINATION.— 

17 (1) If— 

18 (A) the Secretary finds that the State plan 

19 for the licensing the operators of uninspected 

20 passenger vessels— 

21 (i) does not meet the equivalent stand22 ards of safety and protection of the environ23 ment as those contained in subtitle II of 

24 title 46, United States Code, and regula25 tions issued thereunder, 
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1 (ii) does not include— 

2 (I) standards for chemical testing 

3 for such operators, 

4 (II) physical standards for such 

5 operators, 

6 (III) professional service and 

7 training requirements for such opera8 tors, or 

9 (IV) background and criminal in10 vestigations for such operators, 

11 (iii) does not provide for the suspen12 sion and revocation of State licenses, or 

13 (iv) does not make an individual, who 

14 is ineligible for a license issued under title 

15 46, United States Code, ineligible for a 

16 State license, or 

17 (B) the Governor (or the Governor’s des18 ignee) fails to report pursuant to subsection (b), 

19 the Secretary shall terminate the agreement author20 ized by this section, if the Secretary provides written 

21 notice to the Governor of the State 60 days in ad22 vance of termination. The findings of fact and conclu23 sions of the Secretary, if based on a preponderance of 

24 the evidence, shall be conclusive. 
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1 (2) The Governor of the State may terminate the 

2 agreement authorized by this section, if the Governor 

3 provides written notice to the Secretary 60 days in 

4 advance of the termination date. 

5 (e) EXISTING AUTHORITY.—Nothing in this section 

6 shall affect or diminish the authority or jurisdiction of any 

7 Federal or State officer to investigate, or require reporting 

8 of, marine casualties. 

9 (f) UNINSPECTED PASSENGER VESSEL DEFINED.—In 

10 this section the term ‘‘uninspected passenger vessel’’ has the 

11 meaning that term has in section 2101(42)(B) of title 46, 

12 United States Code. 

13 TITLE X—BUDGETARY EFFECTS 

14 SEC. 1001. BUDGETARY EFFECTS. 

15 The budgetary effects of this Act, for the purpose of 

16 complying with the Statutory Pay-As-You-Go Act of 2010, 

17 shall be determined by reference to the latest statement titled 

18 ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, 

19 submitted for printing in the Congressional Record by the 

20 Chairman of the Senate Budget Committee, provided that 
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1 such statement has been submitted prior to the vote on pas2 sage. 

Attest: 

Secretary. 
111TH CONGRESS 

2D SESSION H. R. 3619 

AMENDMENT